STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2009
_____________________
FIFTY-FOURTH DAY
Saint Paul, Minnesota, Thursday, May 14, 2009
The House of Representatives convened at
9:30 a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
Prayer was offered by the Reverend Craig
Pederson, Northeast Community Lutheran Church, Minneapolis, 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
Benson
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
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
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Bly was excused until 10:05 a.m. Clark and Hayden were excused until 10:10
a.m. Beard, Jackson, Rosenthal, Slawik
and Sterner were excused until 10:20 a.m.
Mullery was excused until 10:25 a.m.
Paymar was excused until 10:35 a.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Hoppe
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.
REPORTS OF
CHIEF CLERK
S. F. No. 79 and
H. F. No. 17, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Sertich moved that the rules be so far suspended
that S. F. No. 79 be substituted for H. F. No. 17
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 82 and
H. F. No. 8, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Simon moved that the rules be so far
suspended that S. F. No. 82 be substituted for
H. F. No. 8 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 763 and
H. F. No. 545, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Champion moved that the rules be so far
suspended that S. F. No. 763 be substituted for
H. F. No. 545 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1284 and
H. F. No. 1511, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 1284 be substituted for
H. F. No. 1511 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1369 and
H. F. No. 1565, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Kelly moved that the rules be so far
suspended that S. F. No. 1369 be substituted for
H. F. No. 1565 and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2009
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. 1301, relating to
public safety; providing for public safety, courts, and corrections, including
predatory offenders regarding computer access, electronic solicitation, and
training materials on dangers of predatory offenders; sex offenses; crime
victims; domestic fatality review teams; courts; driver's license reinstatement
diversion pilot program; corrections; study of evidence-based practices for
community supervision; emergency response team; controlled substances;
employment of persons with criminal records; financial crimes; unsafe recalled
toys; peace officer and public safety dispatcher employment; trespass in peace
officer cordoned-off areas; peace officer education; and Bureau of Criminal
Apprehension Information Services; providing for boards, task forces, and
programs; providing for reports; providing for penalties.
H. F. No. 936, relating to
human services; specifying criteria for communities for a lifetime; requiring
the Minnesota Board on Aging to report on communities for a lifetime.
H. F. No. 819, relating to
commerce; prohibiting certain unfair ticket sales.
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 2009 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 2009 |
Date Filed 2009 |
926 57 2:40 p.m.
May 11 May
11
431 58 2:41 p.m.
May 11 May
11
1301 59 3:00 p.m.
May 11 May 11
936 60 2:43 p.m.
May 11 May
11
819 61 2:45 p.m.
May 11 May
11
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 12, 2009
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 File:
H. F. No. 1056, relating to
construction; requiring prompt payment to construction subcontractors;
regulating progress payments and retainages.
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 2009 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 2009 |
Date Filed 2009 |
1539 62 4:52 p.m. May 12 May 12
1910 63 10:13 p.m.
May 12 May
12
1876 64 10:14 p.m.
May 12 May
12
1569 65 4:43 p.m. May 12 May 12
1056 66 4:44 p.m. May 12 May 12
1810 67 10:15 p.m.
May 12 May
12
806 68 4:46 p.m. May 12 May 12
1431 69 4:47 p.m. May 12 May 12
675 70 10:16 p.m.
May 12 May
12
532 71 4:41 p.m. May 12 May 12
457 72 10:17 p.m.
May 12 May
12
1408 73 10:18 p.m.
May 12 May
12
1217 74 10:20 p.m.
May 12 May
12
1476 75 4:50 p.m. May 12 May 12
1425 76 4:51 p.m. May 12 May 12
Sincerely,
Mark
Ritchie
Secretary
of State
SECOND READING OF SENATE
BILLS
S. F. Nos. 79, 82, 763, 1284 and 1369 were
read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House
Files were introduced:
Laine introduced:
H. F. No. 2387, A
bill for an act relating to human services; authorizing Head Start school
readiness service agreements; proposing coding for new law in Minnesota
Statutes, chapter 119B.
The bill was read
for the first time and referred to the Early Childhood Finance and Policy
Division.
Loon; Ruud;
Loeffler; Dittrich; Brod; Demmer; Davids; Anderson, S.; Doepke and Downey
introduced:
H. F. No. 2388, A
bill for an act relating to taxes; individual income; waiving the filing
requirement for minimal tax owed as a result of late adoption of federal
changes; amending Minnesota Statutes 2008, section 289A.08, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
MESSAGES
FROM THE SENATE
The following
messages were received from the Senate:
Madam Speaker:
I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
H. F. No. 534, A
bill for an act relating to insurance; authorizing and regulating the issuance
of certificates of insurance; amending Minnesota Statutes 2008, section 60K.46,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 60A.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Davids moved that
the House refuse to concur in the Senate amendments to
H. F. No. 534, that the Speaker appoint a Conference Committee
of 3 members of the House, and that the House requests that a like committee be
appointed by the Senate to confer on the disagreeing votes of the two
houses. The motion prevailed.
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. 239, A
bill for an act relating to real estate; permitting homeowners to recover
certain damages incurred due to faulty construction; amending Minnesota
Statutes 2008, section 327A.05; proposing coding for new law in Minnesota
Statutes, chapter 327A.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE AND REPASSAGE
Gardner moved that
the House concur in the Senate amendments to H. F. No. 239 and
that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 239, A
bill for an act relating to real estate; permitting homeowners to recover certain
damages incurred due to faulty construction; prohibiting double recovery;
amending Minnesota Statutes 2008, section 327A.05; proposing coding for new law
in Minnesota Statutes, chapter 327A.
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 70 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Brown
Brynaert
Bunn
Carlson
Champion
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Newton
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Obermueller
Peppin
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Ward
Westrom
Zellers
The bill was
repassed, as amended by the Senate, and its title agreed to.
Madam Speaker:
I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
H. F. No. 412, A
bill for an act relating to real estate; adjusting the statute of repose for
homeowner warranty claims; amending Minnesota Statutes 2008, section 541.051,
subdivision 4.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE AND REPASSAGE
Bunn moved that the
House concur in the Senate amendments to H. F. No. 412 and that
the bill be repassed as amended by the Senate.
The motion prevailed.
H. F. No. 412, A
bill for an act relating to real estate; adjusting the statute of repose for
homeowner warranty claims; amending Minnesota Statutes 2008, section 541.051,
subdivision 4.
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 79 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Davnie
Dill
Dittrich
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McNamara
Murdock
Nornes
Peppin
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Ward
Westrom
Zellers
The bill was
repassed, as amended by the Senate, and its title agreed to.
Madam Speaker:
I hereby announce
the passage by the Senate of the following House File, herewith returned, as
amended by the Senate, in which amendments the concurrence of the House is
respectfully requested:
H. F. No. 1677, A
bill for an act relating to the safe at home program; specifying applicability;
eliminating certain persons from eligibility; amending Minnesota Statutes 2008,
sections 5B.01; 5B.02.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE AND REPASSAGE
Simon moved that
the House concur in the Senate amendments to H. F. No. 1677 and
that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1677, A
bill for an act relating to safe at home program; excluding registered sex
offenders from the program; limiting use of protected addresses by landlords
and local government entities; amending Minnesota Statutes 2008, sections
5B.02; 5B.07, subdivision 1; 13.805, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 5B.
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 127 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
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
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slocum
Smith
Solberg
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.
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 Thursday, May
14, 2009:
S. F. No. 1436;
H. F. Nos. 702, 1341, 1328, 1728, 384, 354, 1744 and 927;
S. F. No. 1012; and H. F. No. 723.
CALENDAR
FOR THE DAY
S. F. No. 1331,
as amended by the House on Wednesday, May 13, 2009, was reported to the House.
Brod moved to amend S. F. No. 1331, the unofficial
engrossment, as amended, as follows:
Page 9, line 7, after "citizen" insert
"living in the precinct"
A roll call was
requested and properly seconded.
The question was taken on the Brod
amendment and the roll was called. There
were 50 yeas and 80 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
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Thao
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk.
Kelliher
The motion did not prevail and the
amendment was not adopted.
Emmer moved to amend S. F. No. 1331, the unofficial
engrossment, as amended, as follows:
Page 17, lines 10 and 11, delete the new language
A roll call was
requested and properly seconded.
The question was taken on the Emmer
amendment and the roll was called. There
were 50 yeas and 84 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
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Swails
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
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
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Kiffmeyer moved to amend S. F. No. 1331, the unofficial
engrossment, as amended, as follows:
Page 61, after line 32, insert:
"Sec. 6. [201.35] REPORT TO LEGISLATURE;
UNDELIVERABLE REGISTRATION NOTICES.
By January 15 of each odd-numbered year, the secretary of
state shall report to the chair and ranking minority members of the house of
representatives and senate committees with jurisdiction over election issues on
the number of registration notices returned as undeliverable. The report must include the total number of
notices returned statewide, organized by county and by precinct, and indicate
the reasons provided by the postal service for return of the notices. Each county auditor must cooperate with the
secretary of state in providing the data required by this section in a timely
manner."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Gottwalt moved to amend S. F. No. 1331, the unofficial
engrossment, as amended, as follows:
Page 2, delete section 2
Page 3, delete sections 3 to 5
Page 6, lines 3 and 5, delete the new language
Page 6, line 10, delete "and"
Page 6, line 11, delete "203B.30 to 203B.35"
Page 10, lines 11 and 12, delete the new language
Page 10, line 13, delete "section 203B.31"
Page 11, delete section 17
Page 11, line 25, delete "or administer early voting"
Page 13, delete lines 18 to 21
Page 13, line 23, delete everything after "accepted"
Page 13, line 24, delete everything through "chapter"
Page 14, line 3, delete "and early voting"
Page 14, line 4, delete "early voting or"
Page 14, line 8, delete "combined" and delete
"who voted in person and voters"
Page 17, delete section 24
Page 18, delete sections 25 to 29
Page 22, lines 6 to 9, delete the new language
Page 22, line 10, delete "(c)"
Page 22, line 15, reinstate the stricken "(c)" and
delete "(d)"
Page 28, delete section 44
Page 30, delete section 48
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 Gottwalt
amendment and the roll was called. There
were 48 yeas and 86 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
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Brod moved
to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:
Page 57,
delete section 2
Page 60,
delete section 4
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 Brod
amendment and the roll was called. There
were 48 yeas and 86 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
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
The Speaker called Liebling to the Chair.
Buesgens
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 18,
line 29, before the period, insert ", except that a voter may not
complete their registration by having another individual vouch for their
residence"
Page 59,
after line 17, insert:
"This
clause does not apply to individuals registering at a polling place during the
early voting period provided in section 203B.31."
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
amendment and the roll was called. There
were 50 yeas and 84 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
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Swails
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Emmer moved
to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:
Page 58,
line 22, after the first comma, insert "by presenting photo
identification from a driver's license or identification card issued by a state
or a United States passport,"
A roll call was requested and properly
seconded.
The question was taken on the Emmer
amendment and the roll was called. There
were 54 yeas and 80 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
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Peterson
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Buesgens
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 58,
line 25, after "a" insert "current, valid"
The motion prevailed and the amendment was
adopted.
Kiffmeyer
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 11,
line 27, delete everything after the period, and insert "Party balance,
in the manner provided in section 204B.19, subdivision 5, is required."
Page 11,
delete lines 28 to 31
Page 15,
line 7, strike everything after the period, and insert "Party balance,
in the manner provided in section 204B.19, subdivision 5, is required."
Page 15,
strike lines 8 to 11 and delete the new language
Page 19,
line 20, delete everything after the period, and insert "Party balance,
in the manner provided in section 204B.19, subdivision 5, is required."
Page 19,
lines 21 to 23, delete the new language
Page 20,
line 28, delete everything after the period, and insert "Party balance,
in the manner provided in section 204B.19, subdivision 5, is required."
Page 20,
delete lines 29 and 30
Page 20,
line 31, delete everything before "If"
The motion did not prevail and the
amendment was not adopted.
Severson was excused between the hours of
11:50 a.m. and 12:45 p.m.
Dean moved
to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:
Page 25,
line 26, after the period, insert "Upon certification by the state
canvassing board all ballots not accepted and counted in the canvass report
shall be considered defective and must not be counted in the final vote total
in any further proceeding related to the election result."
The motion did not prevail and the
amendment was not adopted.
Dean moved
to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:
Page 44,
after line 6, insert:
"Sec.
28. Minnesota Statutes 2008, section
204C.35, is amended by adding a subdivision to read:
Subd. 4. Ballot
handling and security. For
recounts conducted under this section, the secretary of state shall adopt rules
establishing a uniform statewide standard for ballot security and ballot
handling, including proper procedures for manual review of ballots."
The motion did not prevail and the
amendment was not adopted.
Drazkowski
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 66,
after line 19, insert:
"Sec.
17. Minnesota Statutes 2008, section
204B.27, subdivision 3, is amended to read:
Subd.
3. Instruction
posters. At least 25 days before
every state election the secretary of state shall prepare and furnish to the
county auditor of each county in which paper ballots are used, voter
instruction posters printed in large type upon cards or heavy paper. The instruction posters must contain the
information needed to enable the voters to cast their paper ballots quickly and
correctly and indicate the types of assistance available for elderly and
disabled voters. Two instruction posters
shall be furnished for each precinct in which paper ballots are used. The instruction posters shall be printed
in English."
Page 67,
line 23, after the first semicolon, insert "204B.27, subdivision 11;"
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 47 yeas and 85 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Brown
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Shimanski
Smith
Swails
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Emmer moved
to amend S. F. No. 1331, the unofficial engrossment, as amended, as follows:
Page 61,
delete section 6
Page 62,
delete section 7
Page 63,
delete sections 8, 9, and 10
Page 64,
delete sections 11 and 12
Page 65,
delete section 13
Page 66,
delete sections 14, 15, and 16
Page 67,
delete sections 21 and 22
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Emmer
amendment and the roll was called. There
were 46 yeas and 87 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
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
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
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Kiffmeyer
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 40,
line 7, delete "or an academic institution"
The motion did not prevail and the
amendment was not adopted.
Gottwalt
moved to amend S. F. No. 1331, the unofficial engrossment, as amended, as
follows:
Page 13,
line 9, delete everything after the period
Page 13,
delete line 10
The motion did not prevail and the
amendment was not adopted.
S. F. No. 1331. A bill for an act relating
to elections; moving the state primary from September to June and making
conforming changes; updating certain ballot and voting system requirements;
changing certain election administration provisions; authorizing early voting;
expanding requirements and authorizations for postsecondary institutions to
report resident student information to the secretary of state for voter
registration purposes; changing certain absentee ballot requirements and
provisions; requiring a special election for certain vacancies in nomination;
changing the special election requirements for vacancies in Congressional
offices; requiring an affidavit of candidacy to state the candidate's residence
address and telephone number; changing municipal precinct and ward boundary
requirements for certain cities; imposing additional requirements on polling
place challengers; changing certain caucus and campaign provisions; amending
Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322,
subdivision 1; 10A.323; 103C.305, subdivisions 1, 3; 135A.17, subdivision 2;
201.016, subdivisions 1a, 2; 201.022, subdivision 1; 201.056; 201.061,
subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding a subdivision;
201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.001; 203B.01, by adding a
subdivision; 203B.02, subdivision 3; 203B.03, subdivision 1; 203B.04,
subdivisions 1, 6; 203B.05; 203B.06, subdivisions 3, 5; 203B.07, subdivisions
2, 3; 203B.08, subdivisions 2, 3, by adding a subdivision; 203B.081; 203B.085;
203B.11, subdivision 1; 203B.12; 203B.125; 203B.16, subdivision 2; 203B.17,
subdivision 1; 203B.19; 203B.21, subdivision 2; 203B.22; 203B.225, subdivision
1; 203B.227; 203B.23, subdivision 2; 203B.24, subdivision 1; 203B.26; 204B.04,
subdivisions 2, 3; 204B.06, by adding a subdivision; 204B.07, subdivision 1;
204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.13, subdivisions 1, 2,
by adding subdivisions; 204B.135, subdivisions 1, 3, 4; 204B.14, subdivisions
2, 3, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18; 204B.21,
subdivision 1; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3;
204B.28, subdivision 2; 204B.33; 204B.35, subdivision 4; 204B.44; 204B.45,
subdivision 2; 204B.46; 204C.02; 204C.04, subdivision 1; 204C.06, subdivision
1; 204C.07, subdivisions 3a, 4; 204C.08; 204C.10; 204C.12, subdivision 2;
204C.13, subdivisions 2, 3, 5, 6; 204C.17; 204C.19, subdivision 2; 204C.20,
subdivisions 1, 2; 204C.21; 204C.22, subdivisions 3, 4, 6, 7, 10, 13; 204C.24,
subdivision 1; 204C.25; 204C.26; 204C.27; 204C.28, subdivision 3; 204C.30, by
adding subdivisions; 204C.33, subdivisions 1, 3; 204C.35, subdivisions 1, 2, by
adding a subdivision; 204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03,
subdivisions 1, 3; 204D.04, subdivision 2; 204D.05, subdivision 3; 204D.07;
204D.08; 204D.09, subdivision 2; 204D.10, subdivisions 1, 3; 204D.11,
subdivision 1; 204D.12; 204D.13; 204D.16; 204D.165; 204D.17; 204D.19; 204D.20,
subdivision 1; 204D.25, subdivision 1; 205.065, subdivisions 1, 2; 205.07, by
adding a subdivision; 205.075, subdivision 1; 205.13, subdivisions 1, 1a, 2;
205.16, subdivisions 2, 3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185,
subdivision 3, by adding a subdivision; 205.84, subdivisions 1, 2; 205A.03, subdivisions
1, 2; 205A.05, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07,
subdivisions 2, 3; 205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3,
by adding a subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57,
subdivision 6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86,
subdivision 6; 206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03;
208.04; 211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions 1, 2;
412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6;
414.0325, subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4;
Laws 2005, chapter 162, section 34, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A;
repealing Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision
5; 203B.10; 203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25;
204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3;
204B.36; 204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision 3;
204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, subdivisions
1, 2; 204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 204D.14,
subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28; 205.17,
subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions
1, 6, 7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7,
8; 206.91; Minnesota Rules, part 8230.4365, subpart 5.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 87 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
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
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was passed, as amended, and its
title agreed to.
S. F. No. 1012, A bill for an act relating
to state government; appropriating money for environment and natural resources.
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 104 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Demmer
Dill
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Scalze
Scott
Sertich
Shimanski
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Beard
Brod
Buesgens
Davids
Dean
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Kiffmeyer
Kohls
Nornes
Olin
Peppin
Rukavina
Sanders
Seifert
Severson
Smith
Urdahl
Westrom
Zellers
The bill was passed and its title agreed
to.
S. F. No. 1503 was reported
to the House.
Hosch moved to amend S. F. No. 1503, the
first engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 1709, as introduced:
"ARTICLE 1
CHILD WELFARE TECHNICAL
Section 1. Minnesota
Statutes 2008, section 260.93, is amended to read:
260.93 INTERSTATE COMPACT
FOR THE PLACEMENT OF CHILDREN.
ARTICLE I. PURPOSE
The purpose of this Interstate Compact for the Placement of
Children is to:
A. Provide a process
through which children subject to this compact are placed in safe and suitable
homes in a timely manner.
B. Facilitate ongoing
supervision of a placement, the delivery of services, and communication between
the states.
C. Provide operating
procedures that will ensure that children are placed in safe and suitable homes
in a timely manner.
D. Provide for the
promulgation and enforcement of administrative rules implementing the
provisions of this compact and regulating the covered activities of the member
states.
E. Provide for uniform
data collection and information sharing between member states under this
compact.
F. Promote
coordination between this compact, the Interstate Compact for Juveniles, the
Interstate Compact on Adoption and Medical Assistance, and other compacts
affecting the placement of and which provide services to children otherwise
subject to this compact.
G. Provide for a
state's continuing legal jurisdiction and responsibility for placement and care
of a child that it would have had if the placement were intrastate.
H. Provide for the
promulgation of guidelines, in collaboration with Indian tribes, for interstate
cases involving Indian children as is or may be permitted by federal law.
ARTICLE II.
DEFINITIONS
As used in this compact,
A. "Approved
placement" means the public child-placing agency in the receiving state
has determined that the placement is both safe and suitable for the child.
B. "Assessment" means an evaluation of
a prospective placement by a public child-placing agency to determine whether
the placement meets the individualized needs of the child, including but not
limited to the child's safety and stability, health and well-being, and mental,
emotional, and physical development. An
assessment is only applicable to a placement by a public child-placing agency.
C. "Child"
means an individual who has not attained the age of eighteen (18).
D. "Certification"
means to attest, declare, or be sworn to attesting, declaring, or
swearing before a judge or notary public.
E. "Default"
means the failure of a member state to perform the obligations or
responsibilities imposed upon it by this compact, the bylaws or rules of the
Interstate Commission.
F. "Home
study" means an evaluation of a home environment conducted according to
the applicable requirements of the state in which the home is located, and
documents the preparation and the suitability of the placement resource for
placement of a child according to the laws and requirements of the state in
which the home is located.
G. "Indian
tribe" means any Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for services provided to Indians by
the Secretary of the Interior because of their status as Indians, including any
Alaskan native village as defined in section 3(c) of the Alaska Native Claims
Settlement Act at United States Code, title 43, chapter 33, section 1602(c).
H. "Interstate
Commission for the Placement of Children" means the commission that is
created under Article VIII of this compact and which is generally referred to
as the Interstate Commission.
I. "Jurisdiction" means the power and
authority of a court to hear and decide matters.
J. "Legal risk
placement" ("Legal risk adoption") means a placement made
preliminary to an adoption where the prospective adoptive parents acknowledge
in writing that a child can be ordered returned to the sending state or the
birth mother's state of residence, if different from the sending state and a
final decree of adoption shall not be entered in any jurisdiction until all
required consents are obtained or are dispensed with according to applicable
law.
K. "Member
state" means a state that has enacted this compact.
L. "Noncustodial
parent" means a person who, at the time of the commencement of court
proceedings in the sending state, does not have sole legal custody of the child
or has joint legal custody of a child, and who is not the subject of
allegations or findings of child abuse or neglect.
M. "Nonmember
state" means a state which has not enacted this compact.
N. "Notice of residential placement"
means information regarding a placement into a residential facility provided to
the receiving state including, but not limited to the name, date and place of
birth of the child, the identity and address of the parent or legal guardian,
evidence of authority to make the placement, and the name and address of the
facility in which the child will be placed.
Notice of residential placement shall also include information regarding
a discharge and any unauthorized absence from the facility.
O. "Placement"
means the act by a public or private child-placing agency intended to arrange
for the care or custody of a child in another state.
P. "Private
child-placing agency" means any private corporation, agency, foundation,
institution, or charitable organization, or any private person or attorney that
facilitates, causes, or is involved in the placement of a child from one state
to another and that is not an instrumentality of the state or acting under
color of state law.
Q. "Provisional placement" means a
determination made by the public child-placing agency in the receiving state that
the proposed placement is safe and suitable, and, to the extent allowable, the
receiving state has temporarily waived its standards or requirements otherwise
applicable to prospective foster or adoptive parents so as to not delay the
placement. Completion of an assessment
and the receiving state requirements regarding training for prospective foster
or adoptive parents shall not delay an otherwise safe and suitable placement.
R. "Public
child-placing agency" means any government child welfare agency or child
protection agency or a private entity under contract with such an agency,
regardless of whether they act on behalf of a state, county, municipality, or
other governmental unit and which facilitates, causes, or is involved in the
placement of a child from one state to another.
S. "Receiving
state" means the state to which a child is sent, brought, or caused to be
sent or brought.
T. Relative" means
someone who is related to the child as a parent, stepparent, sibling by half or
whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative
nonrelative with such significant ties to the child that they may be
regarded as relatives as determined by the court in the sending state.
U. "Residential
facility" means a facility providing a level of care that is sufficient to
substitute for parental responsibility or foster care, and is beyond what is
needed for assessment or treatment of an acute condition. For purposes of the compact, residential
facilities do not include institutions primarily educational in character,
hospitals, or other medical facilities.
V. "Rule"
means a written directive, mandate, standard, or principle issued by the
Interstate Commission promulgated pursuant to Article XI of this compact that
is of general applicability and that implements, interprets, or prescribes a
policy or provision of the compact. Rule
has the force and effect of an administrative rule in a member state, and
includes the amendment, repeal, or suspension of an existing rule.
W. "Sending
state" means the state from which the placement of a child is initiated.
X. "Service
member's permanent duty station" means the military installation where an
active duty Armed Services member is currently assigned and is physically
located under competent orders that do not specify the duty as temporary.
Y. "Service
member's state of legal residence" means the state in which the active
duty Armed Services member is considered a resident for tax and voting
purposes.
Z. "State"
means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
Marianas Islands, and any other territory of the United States.
AA. "State
court" means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation,
delinquency, or status offenses of individuals who have not attained the age of
eighteen (18).
BB. "Supervision" means monitoring
provided by the receiving state once a child has been placed in a receiving
state pursuant to this compact.
ARTICLE III.
APPLICABILITY
A. Except as otherwise
provided in Article III, Section B, this compact shall apply to:
1. The interstate
placement of a child subject to ongoing court jurisdiction in the sending
state, due to allegations or findings that the child has been abused,
neglected, or deprived as defined by the laws of the sending state, provided,
however, that the placement of such a child into a residential facility shall
only require notice of residential placement to the receiving state prior to
placement.
2. The interstate
placement of a child adjudicated delinquent or unmanageable based on the laws
of the sending state and subject to ongoing court jurisdiction of the sending
state if:
a. the child is being
placed in a residential facility in another member state and is not covered
under another compact; or
b. the child is being
placed in another member state and the determination of safety and suitability
of the placement and services required is not provided through another compact.
3. The interstate
placement of any child by a public child-placing agency or private
child-placing agency as defined in this compact as a preliminary step to a
possible adoption.
B. The provisions of
this compact shall not apply to:
1. The interstate
placement of a child in a custody proceeding in which a public child-placing
agency is not a party, provided the placement is not intended to effectuate an
adoption.
2. The interstate
placement of a child with a non-relative nonrelative in a
receiving state by a parent with the legal authority to make such a placement
provided, however, that the placement is not intended to effectuate an
adoption.
3. The interstate
placement of a child by one relative with the lawful authority to make such a
placement directly with a relative in a receiving state.
4. The placement of a
child, not subject to Article III, Section A, into a residential facility by
the child's parent.
5. The placement of a
child with a noncustodial parent provided that:
a. The noncustodial
parent proves to the satisfaction of a court in the sending state a substantial
relationship with the child; and
b. The court in the
sending state makes a written finding that placement with the noncustodial
parent is in the best interests of the child; and
c. The court in the
sending state dismisses its jurisdiction over the child's case. in
interstate placements in which the public child-placing agency is a party to
the proceedings.
6. A child entering
the United States from a foreign country for the purpose of adoption or leaving
the United States to go to a foreign country for the purpose of adoption in
that country.
7. Cases in which a
U.S. citizen child living overseas with the child's family, at least one of
whom is in the United States armed services, and who is stationed overseas, is
removed and placed in a state.
8. The sending of a
child by a public child-placing agency or a private child-placing agency for a
visit as defined by the rules of the Interstate Commission.
C. For purposes of
determining the applicability of this compact to the placement of a child with
a family in the armed services, the public child-placing agency or private
child-placing agency may choose the state of the service member's permanent
duty station or the service member's declared legal residence.
D. Nothing in this
compact shall be construed to prohibit the concurrent application of the
provisions of this compact with other applicable interstate compacts including
the Interstate Compact for Juveniles and the Interstate Compact on Adoption and
Medical Assistance. The Interstate
Commission may in cooperation with other interstate compact commissions having
responsibility for the interstate movement, placement, or transfer of children,
promulgate like rules to ensure the coordination of services, timely placement
of children, and the reduction of unnecessary or duplicative administrative or
procedural requirements.
ARTICLE IV.
JURISDICTION
A. Except as provided
in article IV, section G H and article V, section B, paragraphs 2 and
3, concerning private and independent adoptions and in interstate
placements in which the public child-placing agency is not a party to a custody
proceeding, the sending state shall retain jurisdiction over a child with
respect to all matters of custody and disposition of the child which it would
have had if the child had remained in the sending state. Such jurisdiction shall also include the
power to order the return of the child to the sending state.
B. When an issue of
child protection or custody is brought before a court in the receiving state,
such court shall confer with the court of the sending state to determine the
most appropriate forum for adjudication.
C. In cases that are
before courts and subject to this compact, the taking of testimony for hearings
before any judicial officer may occur in person or by telephone; by audio-video
conference; or by other means as approved by the rules of the Interstate
Commission. Judicial officers may
communicate with other judicial officers and persons involved in the interstate
process as may be permitted by their Canons of Judicial Conduct and any rules
promulgated by the Interstate Commission.
C. D. In
accordance with its own laws, the court in the sending state shall have
authority to terminate its jurisdiction if:
1. The child is
reunified with the parent in the receiving state who is the subject of
allegations or findings of abuse or neglect, only with the concurrence of the
public child-placing agency in the receiving state; or
2. The child is
adopted;
3. The child reaches
the age of majority under the laws of the sending state; or
4. The child achieves
legal independence pursuant to the laws of the sending state; or
5. A guardianship is
created by a court in the receiving state with the concurrence of the court in
the sending state; or
6. An Indian tribe has
petitioned for and received jurisdiction from the court in the sending state;
or
7. The public
child-placing agency of the sending state requests termination and has obtained
the concurrence of the public child-placing agency in the receiving state.
D. E. When a sending state court terminates its
jurisdiction, the receiving state child-placing agency shall be notified.
E. F. Nothing in this article shall defeat a claim
of jurisdiction by a receiving state court sufficient to deal with an act of
truancy, delinquency, crime, or behavior involving a child as defined by the
laws of the receiving state committed by the child in the receiving state which
would be a violation of its laws.
F. G. Nothing in this article shall limit the
receiving state's ability to take emergency jurisdiction for the protection of
the child.
G. H. The substantive laws of the state in which an
adoption will be finalized shall solely govern all issues relating to the
adoption of the child and the court in which the adoption proceeding is filed
shall have subject matter jurisdiction regarding all substantive issues
relating to the adoption, except:
1. when the child is a
ward of another court that established jurisdiction over the child prior to the
placement;
2. when the child is in the legal custody of a public agency
in the sending state; or
3. when the court in
the sending state has otherwise appropriately assumed jurisdiction over the
child, prior to the submission of the request for approval of placement.
ARTICLE V. PLACEMENT
EVALUATION
A. Prior to sending,
bringing, or causing a child to be sent or brought into a receiving state, the
public child-placing agency shall provide a written request for assessment to
the receiving state.
B. For placements by a
private child-placing agency, a child may be sent or brought, or caused to be
sent or brought, into a receiving state, upon receipt and immediate review of
the required content in a request for approval of a placement in both the
sending and receiving state's public child-placing agency. The required content to accompany a request
for provisional approval shall include all of the following:
1. A request for
approval identifying the child, birth parents, the prospective adoptive
parents, and the supervising agency, signed by the person requesting approval;
and
2. The appropriate
consents or relinquishments signed by the birthparents in accordance with the
laws of the sending state or, where permitted, the laws of the state where the
adoption will be finalized; and
3. Certification by a
licensed attorney or other authorized agent of a private adoption agency that
the consent or relinquishment is in compliance with the applicable laws of the
sending state, or where permitted the laws of the state where finalization of
the adoption will occur; and
4. A home study; and
5. An acknowledgment of
legal risk signed by the prospective adoptive parents.
C. The sending state
and the receiving state may request additional information or documents prior
to finalization of an approved placement, but they may not delay travel by the
prospective adoptive parents with the child if the required content for approval
has been submitted, received, and reviewed by the public child-placing agency
in both the sending state and the receiving state.
D. Approval from the
public child-placing agency in the receiving state for a provisional or
approved placement is required as provided for in the rules of the Interstate
Commission.
E. The procedures for
making, and the request for an assessment, shall contain all information and be
in such form as provided for in the rules of the Interstate Commission.
F. Upon receipt of a
request from the public child-placing agency of the sending state, the
receiving state shall initiate an assessment of the proposed placement to
determine its safety and suitability. If
the proposed placement is a placement with a relative, the public child-placing
agency of the sending state may request a determination for a provisional
placement.
G. The public
child-placing agency in the receiving state may request from the public
child-placing agency or the private child-placing agency in the sending state,
and shall be entitled to receive supporting or additional information necessary
to complete the assessment.
ARTICLE VI. PLACEMENT
AUTHORITY
A. Except as otherwise
provided in this compact, no child subject to this compact shall be placed into
a receiving state until approval for such placement is obtained.
B. If the public
child-placing agency in the receiving state does not approve the proposed
placement then the child shall not be placed.
The receiving state shall provide written documentation of any such
determination in accordance with the rules promulgated by the Interstate
Commission. Such determination is not
subject to judicial review in the sending state.
C. If the proposed
placement is not approved, any interested party shall have standing to seek an
administrative review of the receiving state's determination.
1. The administrative
review and any further judicial review associated with the determination shall
be conducted in the receiving state pursuant to its applicable Administrative procedures
Procedure Act.
2. If a determination
not to approve the placement of the child in the receiving state is overturned
upon review, the placement shall be deemed approved, provided however that all
administrative or judicial remedies have been exhausted or the time for such
remedies has passed.
ARTICLE VII. PLACING
AGENCY RESPONSIBILITY
A. For the interstate
placement of a child made by a public child-placing agency or state court:
1. The public
child-placing agency in the sending state shall have financial responsibility
for:
a. the ongoing support
and maintenance for the child during the period of the placement, unless
otherwise provided for in the receiving state; and
b. as determined by the
public child-placing agency in the sending state, services for the child beyond
the public services for which the child is eligible in the receiving state.
2. The receiving state
shall only have financial responsibility for:
a. any assessment conducted by the receiving state; and
b. supervision conducted by the receiving state at the level
necessary to support the placement as agreed upon by the public child-placing
agencies of the receiving and sending state.
3. Nothing in this
provision shall prohibit public child-placing agencies in the sending state
from entering into agreements with licensed agencies or persons in the
receiving state to conduct assessments and provide supervision.
B. For the placement of
a child by a private child-placing agency preliminary to a possible adoption,
the private child-placing agency shall be:
1. Legally responsible
for the child during the period of placement as provided for in the law of the
sending state until the finalization of the adoption.
2. Financially
responsible for the child absent a contractual agreement to the contrary.
C. The public
child-placing agency in the receiving state shall provide timely assessments,
as provided for in the rules of the Interstate Commission.
D. The public
child-placing agency in the receiving state shall provide, or arrange for the
provision of, supervision and services for the child, including timely reports,
during the period of the placement.
E. Nothing in this
compact shall be construed as to limit the authority of the public child-placing
agency in the receiving state from contracting with a licensed agency or person
in the receiving state for an assessment or the provision of supervision or
services for the child or otherwise authorizing the provision of supervision or
services by a licensed agency during the period of placement.
F. Each member state
shall provide for coordination among its branches of government concerning the
state's participation in, and compliance with, the compact and Interstate
Commission activities, through the creation of an advisory council or use of an
existing body or board.
G. Each member state
shall establish a central state compact office, which shall be responsible for
state compliance with the compact and the rules of the Interstate Commission.
H. The public
child-placing agency in the sending state shall oversee compliance with the
provisions of the Indian Child Welfare Act (United States Code, title 25,
chapter 21, section 1901 et seq.) for placements subject to the provisions of
this compact, prior to placement.
I. With the consent of
the Interstate Commission, states may enter into limited agreements that
facilitate the timely assessment and provision of services and supervision of
placements under this compact.
ARTICLE VIII.
INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a
commission known as the "Interstate Commission for the Placement of
Children." The activities of the Interstate Commission are the formation
of public policy and are a discretionary state function. The Interstate Commission shall:
A. Be a joint
commission of the member states and shall have the responsibilities, powers and
duties set forth herein, and such additional powers as may be conferred upon it
by subsequent concurrent action of the respective legislatures of the member
states.
B. Consist of one
commissioner from each member state who shall be appointed by the executive
head of the state human services administration with ultimate responsibility
for the child welfare program. The
appointed commissioner shall have the legal authority to vote on policy-related
matters governed by this compact binding the state.
1. Each member state
represented at a meeting of the Interstate Commission is entitled to one vote.
2. A majority of the
member states shall constitute a quorum for the transaction of business, unless
a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative
shall not delegate a vote to another member state.
4. A representative
may delegate voting authority to another person from their state for a
specified meeting.
C. In addition to the
commissioners of each member state, the Interstate Commission shall include
persons who are members of interested organizations as defined in the bylaws or
rules of the Interstate Commission. Such
members shall be ex officio and shall not be entitled to vote on any matter
before the Interstate Commission.
D. Establish an
executive committee which shall have the authority to administer the day-to-day
operations and administration of the Interstate Commission. It shall not have the power to engage in
rulemaking.
ARTICLE IX. POWERS AND
DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules
and take all necessary actions to effect the goals, purposes and obligations as
enumerated in this compact.
B. To provide for
dispute resolution among member states.
C. To issue, upon
request of a member state, advisory opinions concerning the meaning or
interpretation of the interstate compact, its bylaws, rules or actions.
D. To enforce
compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII.
E. Collect
standardized data concerning the interstate placement of children subject to
this compact as directed through its rules which shall specify the data to be
collected, the means of collection and data exchange and reporting
requirements.
F. To establish and
maintain offices as may be necessary for the transacting of its business.
G. To purchase and
maintain insurance and bonds.
H. To hire or contract
for services of personnel or consultants as necessary to carry out its
functions under the compact and establish personnel qualification policies, and
rates of compensation.
I. To establish and
appoint committees and officers including, but not limited to, an executive
committee as required by Article X.
J. To accept any and
all donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose thereof.
K. To lease, purchase,
accept contributions or donations of, or otherwise to own, hold, improve, or
use any property, real, personal, or mixed.
L. To sell, convey,
mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, real, personal, or mixed.
M. To establish a
budget and make expenditures.
N. To adopt a seal and
bylaws governing the management and operation of the Interstate Commission.
O. To report annually
to the legislatures, governors, the judiciary, and state advisory councils of
the member states concerning the activities of the Interstate Commission during
the preceding year. Such reports shall
also include any recommendations that may have been adopted by the Interstate
Commission.
P. To coordinate and
provide education, training, and public awareness regarding the interstate
movement of children for officials involved in such activity.
Q. To maintain books
and records in accordance with the bylaws of the Interstate Commission.
R. To perform such
functions as may be necessary or appropriate to achieve the purposes of this
compact.
ARTICLE X.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. Bylaws
1. Within 12 months
after the first Interstate Commission meeting, the Interstate Commission shall
adopt bylaws to govern its conduct as may be necessary or appropriate to carry
out the purposes of the compact.
2. The Interstate
Commission's bylaws and rules shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records
available to the public for inspection or copying. The Interstate Commission may exempt from disclosure
information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
B. Meetings
1. The Interstate
Commission shall meet at least once each calendar year. The chairperson may call additional meetings
and, upon the request of a simple majority of the member states shall call
additional meetings.
2. Public notice shall
be given by the Interstate Commission of all meetings and all meetings shall be
open to the public, except as set forth in the rules or as otherwise provided
in the compact. The Interstate
Commission and its committees may close a meeting, or portion thereof, where it
determines by two-thirds vote that an open meeting would be likely to:
a. relate solely to
the Interstate Commission's internal personnel practices and procedures; or
b. disclose matters
specifically exempted from disclosure by federal law; or
c. disclose financial
or commercial information which is privileged, proprietary or confidential in
nature; or
d. involve accusing a
person of a crime, or formally censuring a person; or
e. disclose information
of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy or physically endanger one or more persons; or
f. disclose
investigative records compiled for law enforcement purposes; or
g. specifically relate
to the Interstate Commission's participation in a civil action or other legal
proceeding.
3. For a meeting, or
portion of a meeting, closed pursuant to this provision, the Interstate
Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes
which shall fully and clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed and the record of a
roll call vote. All documents considered
in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority vote of the
Interstate Commission or by court order.
4. The bylaws may
provide for meetings of the Interstate Commission to be conducted by
telecommunication or other electronic communication.
C. Officers and Staff
1. The Interstate
Commission may, through its executive committee, appoint or retain a staff
director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary
to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise
such other staff as may be authorized by the Interstate Commission.
2. The Interstate
Commission shall elect, from among its members, a chairperson and a vice
chairperson of the executive committee and other necessary officers, each of
whom shall have such authority and duties as may be specified in the bylaws.
D. Qualified Immunity,
Defense and Indemnification
1. The Interstate
Commission's staff director and its employees shall be immune from suit and
liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred within the scope of commission employment, duties, or
responsibilities; provided, that such person shall not be protected from suit
or liability for damage, loss, injury, or liability caused by a criminal act or
the intentional or willful and wanton misconduct of such person.
a. The liability of the
Interstate Commission's staff director and employees or Interstate Commission
representatives, acting within the scope of such person's employment or duties
for acts, errors, or omissions occurring within such person's state may not exceed
the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents.
The Interstate Commission is considered to be an instrumentality of the
states for the purposes of any such action.
Nothing in this subsection shall be construed to protect such person
from suit or liability for damage, loss, injury, or liability caused by a
criminal act or the intentional or willful and wanton misconduct of such
person.
b. The Interstate
Commission shall defend the staff director and its employees and, subject to
the approval of the Attorney General or other appropriate legal counsel of the
member state shall defend the commissioner of a member state in a civil action
seeking to impose liability arising out of an actual or alleged act, error, or
omission that
occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission employment,
duties, or responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton misconduct on
the part of such person.
c. To the extent not
covered by the state involved, member state, or the Interstate Commission, the
representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE XI. RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate
Commission shall promulgate and publish rules in order to effectively and
efficiently achieve the purposes of the compact.
B. Rulemaking shall
occur pursuant to the criteria set forth in this article and the bylaws and
rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the "Model
State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated,
Vol. 15, p.1 (2000), or such other administrative procedure acts as the
Interstate Commission deems appropriate consistent with due process
requirements under the United States Constitution as now or hereafter
interpreted by the United States Supreme Court.
All rules and amendments shall become binding as of the date specified,
as published with the final version of the rule as approved by the Interstate
Commission.
C. When promulgating a
rule, the Interstate Commission shall, at a minimum:
1. Publish the
proposed rule's entire text stating the reason(s) for that proposed rule; and
2. Allow and invite
any and all persons to submit written data, facts, opinions, and arguments,
which information shall be added to the record, and be made publicly available;
and
3. Promulgate a final
rule and its effective date, if appropriate, based on input from state or local
officials, or interested parties.
D. Rules promulgated
by the Interstate Commission shall have the force and effect of administrative
rules and shall be binding in the compacting states to the extent and in the
manner provided for in this compact.
E. Not later than 60
days after a rule is promulgated, an interested person may file a petition in
the United States District Court for the District of Columbia or in the Federal
District Court where the Interstate Commission's principal office is located
for judicial review of such rule. If the
court finds that the Interstate Commission's action is not supported by
substantial evidence in the rulemaking record, the court shall hold the rule
unlawful and set it aside.
F. If a majority of
the legislatures of the member states rejects a rule, those states may by
enactment of a statute or resolution in the same manner used to adopt the
compact cause that such rule shall have no further force and effect in any
member state.
G. The existing rules governing
the operation of the Interstate Compact on the Placement of Children superseded
by this act shall be null and void no less than 12, but no more than 24 months
after the first meeting of the Interstate Commission created hereunder, as
determined by the members during the first meeting.
H. Within the first 12
months of operation, the Interstate Commission shall promulgate rules
addressing the following:
1. Transition rules
2. Forms and
procedures
3. Timelines
4. Data collection and
reporting
5. Rulemaking
6. Visitation
7. Progress
reports/supervision
8. Sharing of
information/confidentiality
9. Financing of the
Interstate Commission
10. Mediation,
arbitration, and dispute resolution
11. Education,
training, and technical assistance
12. Enforcement
13. Coordination with
other interstate compacts
I. Upon determination
by a majority of the members of the Interstate Commission that an emergency
exists:
1. The Interstate
Commission may promulgate an emergency rule only if it is required to:
a. Protect the
children covered by this compact from an imminent threat to their health,
safety, and well-being; or
b. Prevent loss of
federal or state funds; or
c. Meet a deadline for
the promulgation of an administrative rule required by federal law.
2. An emergency rule
shall become effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively applied to said
rule as soon as reasonably possible, but no later than 90 days after the
effective date of the emergency rule.
3. An emergency rule
shall be promulgated as provided for in the rules of the Interstate Commission.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
A. Oversight
1. The Interstate
Commission shall oversee the administration and operation of the compact.
2. The executive,
legislative, and judicial branches of state government in each member state
shall enforce this compact and the rules of the Interstate Commission and shall
take all actions necessary and appropriate to effectuate the compact's purposes
and intent. The compact and its rules
shall be binding in the compacting states to the extent and in the manner
provided for in this compact.
3. All courts shall
take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of
this compact.
4. The Interstate
Commission shall be entitled to receive service of process in any action in
which the validity of a compact provision or rule is the issue for which a
judicial determination has been sought and shall have standing to intervene in
any proceedings. Failure to provide
service of process to the Interstate Commission shall render any judgment,
order or other determination, however so captioned or classified, void as to
the Interstate Commission, this compact, its bylaws, or rules of the Interstate
Commission.
B. Dispute Resolution
1. The Interstate
Commission shall attempt, upon the request of a member state, to resolve
disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
2. The Interstate
Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes among compacting states. The costs of such mediation or dispute
resolution shall be the responsibility of the parties to the dispute.
C. Enforcement
1. If the Interstate
Commission determines that a member state has defaulted in the performance of
its obligations or responsibilities under this compact, its bylaws or rules,
the Interstate Commission may:
a. Provide remedial
training and specific technical assistance; or
b. Provide written
notice to the defaulting state and other member states, of the nature of the
default and the means of curing the default.
The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default; or
c. By majority vote of
the members, initiate against a defaulting member state legal action in the
United States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate
Commission has its principal office, to enforce compliance with the provisions
of the compact, its bylaws, or rules.
The relief sought may include both injunctive relief and damages. In the event judicial enforcement is
necessary the prevailing party shall be awarded all costs of such litigation
including reasonable attorney's fees; or
d. Avail itself of any
other remedies available under state law or the regulation of official or
professional conduct.
ARTICLE XIII.
FINANCING OF THE COMMISSION
A. The Interstate
Commission shall pay, or provide for the payment of the reasonable expenses of
its establishment, organization, and ongoing activities.
B. The Interstate
Commission may levy on and collect an annual assessment from each member state
to cover the cost of the operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved by its members each
year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the
Interstate Commission which shall promulgate a rule binding upon all member
states.
C. The Interstate
Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Interstate Commission pledge the
credit of any of the member states, except by and with the authority of the
member state.
D. The Interstate
Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting procedures
established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission
shall be audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the annual report
of the Interstate Commission.
ARTICLE XIV. MEMBER
STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is
eligible to become a member state.
B. The compact shall
become effective and binding upon legislative enactment of the compact into law
by no less than 35 states. The effective
date shall be the later of July 1, 2007 or upon enactment of the compact into
law by the 35th state. Thereafter it
shall become effective and binding as to any other member state upon enactment
of the compact into law by that state.
The executive heads of the state human services administration with
ultimate responsibility for the child welfare program of nonmember states or
their designees shall be invited to participate in the activities of the
Interstate Commission on a non-voting nonvoting basis prior to
adoption of the compact by all states.
C. The Interstate
Commission may propose amendments to the compact for enactment by the member
states. No amendment shall become
effective and binding on the member states unless and until it is enacted into
law by unanimous consent of the member states.
ARTICLE XV. WITHDRAWAL
AND DISSOLUTION
A. Withdrawal
1. Once effective, the
compact shall continue in force and remain binding upon each and every member
state; provided that a member state may withdraw from the compact specifically
repealing the statute which enacted the compact into law.
2. Withdrawal from
this compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the
effective date of the repeal of the statute.
3. The withdrawing
state shall immediately notify the president of the Interstate Commission in
writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate
Commission shall then notify the other member states of the withdrawing state's
intent to withdraw.
4. The withdrawing
state is responsible for all assessments, obligations, and liabilities incurred
through the effective date of withdrawal.
5. Reinstatement
following withdrawal of a member state shall occur upon the withdrawing state
reenacting the compact or upon such later date as determined by the members of
the Interstate Commission.
B. Dissolution of
Compact
1. This compact shall
dissolve effective upon the date of the withdrawal or default of the member
state which reduces the membership in the compact to one member state.
2. Upon the
dissolution of this compact, the compact becomes null and void and shall be of
no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and surplus funds shall be distributed in
accordance with the bylaws.
ARTICLE XVI.
SEVERABILITY AND CONSTRUCTION
A. The provisions of
this compact shall be severable, and if any phrase, clause, sentence, or
provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
B. The provisions of
this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this
compact shall be construed to prohibit the concurrent applicability of other
interstate compacts to which the states are members.
ARTICLE XVII. BINDING
EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein
prevents the enforcement of any other law of a member state that is not
inconsistent with this compact.
B. Binding Effect of
the Compact
1. All lawful actions
of the Interstate Commission, including all rules and bylaws promulgated by the
Interstate Commission, are binding upon the member states.
2. All agreements
between the Interstate Commission and the member states are binding in
accordance with their terms.
3. In the event any
provision of this compact exceeds the constitutional limits imposed on the
legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that
member state.
ARTICLE XVIII. INDIAN
TRIBES
Notwithstanding any other provision in this compact, the
Interstate Commission may promulgate guidelines to permit Indian tribes to
utilize the compact to achieve any or all of the purposes of the compact as
specified in Article I. The Interstate
Commission shall make reasonable efforts to consult with Indian tribes in
promulgating guidelines to reflect the diverse circumstances of the various
Indian tribes.
Sec. 2. Minnesota
Statutes 2008, section 260C.201, subdivision 3, is amended to read:
Subd. 3. Domestic child abuse. (a) If the court finds that the child is a
victim of domestic child abuse, as defined in section 260C.007, subdivision 28
13, it may order any of the following dispositions of the case in addition
to or as alternatives to the dispositions authorized under subdivision 1:
(1) restrain any party
from committing acts of domestic child abuse;
(2) exclude the
abusing party from the dwelling which the family or household members share or
from the residence of the child;
(3) on the same basis
as is provided in chapter 518, establish temporary visitation with regard to
minor children of the adult family or household members;
(4) on the same basis
as is provided in chapter 518 or 518A, establish temporary support or
maintenance for a period of 30 days for minor children or a spouse;
(5) provide counseling
or other social services for the family or household members; or
(6) order the abusing
party to participate in treatment or counseling services.
Any relief granted by the order for protection shall be for a
fixed period not to exceed one year.
(b) No order excluding
the abusing party from the dwelling may be issued unless the court finds that:
(1) the order is in
the best interests of the child or children remaining in the dwelling;
(2) a remaining adult
family or household member is able to care adequately for the child or children
in the absence of the excluded party; and
(3) the local welfare
agency has developed a plan to provide appropriate social services to the
remaining family or household members.
(c) Upon a finding
that the remaining parent is able to care adequately for the child and enforce
an order excluding the abusing party from the home and that the provision of
supportive services by the responsible social services agency is no longer
necessary, the responsible social services agency may be dismissed as a party
to the proceedings. Orders entered regarding
the abusing party remain in full force and effect and may be renewed by the
remaining parent as necessary for the continued protection of the child for
specified periods of time, not to exceed one year.
Sec. 3. Minnesota
Statutes 2008, section 260C.201, subdivision 11, is amended to read:
Subd. 11. Review of court-ordered placements;
permanent placement determination.
(a) This subdivision and subdivision 11a do not apply in to
cases where the child is in placement due solely to foster care for
treatment of the child's developmental disability or emotional disturbance,
where legal custody has not been transferred to the
responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to continue
the child in foster care past the time periods specified in this subdivision
chapter 260D. Foster care placements
of children due solely to their disability for treatment are
governed by section 260C.141, subdivision 2a chapter 260D. In all other cases where the child is in
foster care or in the care of a noncustodial parent under subdivision 1, the
court shall commence proceedings to determine the permanent status of a child
not later than 12 months after the child is placed in foster care or in the care
of a noncustodial parent. At the
admit-deny hearing commencing such proceedings, the court shall determine
whether there is a prima facie basis for finding that the agency made
reasonable efforts, or in the case of an Indian child active efforts, required
under section 260.012 and proceed according to the rules of juvenile court.
For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first court-ordered placement or
60 days after the date on which the child has been voluntarily placed in foster
care by the child's parent or guardian.
For purposes of this subdivision, time spent by a child under the
protective supervision of the responsible social services agency in the home of
a noncustodial parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision or subdivision
11a. Time spent on a trial home visit
counts towards the requirement of a permanency hearing under this subdivision
and a permanency review for a child under eight years of age under subdivision
11a.
For purposes of this subdivision, 12 months is calculated as
follows:
(1) during the
pendency of a petition alleging that a child is in need of protection or
services, all time periods when a child is placed in foster care or in the home
of a noncustodial parent are cumulated;
(2) if a child has
been placed in foster care within the previous five years under one or more
previous petitions, the lengths of all prior time periods when the child was
placed in foster care within the previous five years are cumulated. If a child under this clause has been in
foster care for 12 months or more, the court, if it is in the best interests of
the child and for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an additional six months
before making a permanency determination.
(b) Unless the
responsible social services agency recommends return of the child to the
custodial parent or parents, not later than 30 days prior to the admit-deny
hearing required under paragraph (a) and the rules of juvenile court, the
responsible social services agency shall file pleadings in juvenile court to
establish the basis for the juvenile court to order permanent placement of the
child, including a termination of parental rights petition, according to
paragraph (d). Notice of the hearing and
copies of the pleadings must be provided pursuant to section 260C.152.
(c) The permanency
proceedings shall be conducted in a timely fashion including that any trial
required under section 260C.163 shall be commenced within 60 days of the
admit-deny hearing required under paragraph (a). At the conclusion of the permanency
proceedings, the court shall:
(1) order the child
returned to the care of the parent or guardian from whom the child was removed;
or
(2) order a permanent
placement or termination of parental rights if permanent placement or
termination of parental rights is in the child's best interests. The "best interests of the child"
means all relevant factors to be considered and evaluated. Transfer of permanent legal and physical
custody, termination of parental rights, or guardianship and legal custody to
the commissioner through a consent to adopt are preferred permanency options
for a child who cannot return home.
(d) If the child is
not returned to the home, the court must order one of the following
dispositions:
(1) permanent legal
and physical custody to a relative in the best interests of the child according
to the following conditions:
(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has reviewed the
suitability of the prospective legal and physical custodian;
(ii) in transferring permanent legal and physical custody to
a relative, the juvenile court shall follow the standards applicable under this
chapter and chapter 260, and the procedures set out in the juvenile court
rules;
(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family court;
(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control of the child
and decision making on behalf of the child;
(v) the social services agency may bring a petition or motion
naming a fit and willing relative as a proposed permanent legal and physical
custodian. The commissioner of human
services shall annually prepare for counties information that must be given to
proposed custodians about their legal rights and obligations as custodians
together with information on financial and medical benefits for which the child
is eligible; and
(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of the child, the
child, and the permanent legal and physical custodian for purposes of ensuring
appropriate services are delivered to the child and permanent legal custodian
or for the purpose of ensuring conditions ordered by the court related to the
care and custody of the child are met;
(2) termination of
parental rights when the requirements of sections 260C.301 to 260C.328 are met
or according to the following conditions:
(i) order the social services agency to file a petition for
termination of parental rights in which case all the requirements of sections
260C.301 to 260C.328 remain applicable; and
(ii) an adoption completed subsequent to a determination
under this subdivision may include an agreement for communication or contact
under section 259.58;
(3) long-term foster
care according to the following conditions:
(i) the court may order a child into long-term foster care
only if it approves the responsible social service agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative,
nor termination of parental rights is in the child's best interests;
(ii) further, the court may only order long-term foster care
for the child under this section if it finds the following:
(A) the child has reached age 12 and the responsible social
services agency has made reasonable efforts to locate and place the child with
an adoptive family or with a fit and willing relative who will agree to a
transfer of permanent legal and physical custody of the child, but such efforts
have not proven successful; or
(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship and are ordered
into the same long-term foster care home; and
(iii) at least annually, the responsible social services
agency reconsiders its provision of services to the child and the child's
placement in long-term foster care to ensure that:
(A) long-term foster care continues to be the most
appropriate legal arrangement for meeting the child's need for permanency and
stability, including whether there is another permanent placement option under
this chapter that would better serve the child's needs and best interests;
(B) whenever possible, there is an identified long-term
foster care family that is committed to being the foster family for the child
as long as the child is a minor or under the jurisdiction of the court;
(C) the child is receiving appropriate services or assistance
to maintain or build connections with the child's family and community;
(D) the child's physical and mental health needs are being
appropriately provided for; and
(E) the child's educational needs are being met;
(4) foster care for a
specified period of time according to the following conditions:
(i) foster care for a specified period of time may be ordered
only if:
(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;
(B) the court finds that foster care for a specified period
of time is in the best interests of the child; and
(C) the court approves the responsible social services
agency's compelling reasons that neither an award of permanent legal and
physical custody to a relative, nor termination of parental rights is in the
child's best interests;
(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or
(5) guardianship and
legal custody to the commissioner of human services under the following
procedures and conditions:
(i) there is an identified prospective adoptive home agreed
to by the responsible social services agency having legal custody of the child
pursuant to court order under this section that has agreed to adopt the child
and the court accepts the parent's voluntary consent to adopt under section
259.24, except that such consent executed by a parent under this item,
following proper notice that consent given under this provision is irrevocable
upon acceptance by the court, shall be irrevocable unless fraud is established
and an order issues permitting revocation as stated in item (vii);
(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions, the court must
review the matter at least every 90 days.
The review will address the reasonable efforts of the agency to achieve
a finalized adoption;
(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal custody of the
child, with the commissioner of human services as if the child were a state
ward after termination of parental rights;
(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring guardianship and legal
custody to the commissioner, to the commissioner;
(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of the consent to
adopt under this clause, the commissioner of human services or the
commissioner's delegate shall pursue adoptive placement in another home unless
the commissioner certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;
(vi) notwithstanding item (v), the commissioner of human
services or the commissioner's designee must pursue adoptive placement in another
home as soon as the commissioner or commissioner's designee determines that
finalization of the adoption with the identified prospective adoptive parent is
not possible, that the identified prospective adoptive parent is not willing to
adopt the child, that the identified prospective adoptive parent is not
cooperative in completing the steps necessary to finalize the adoption, or upon
the commissioner's determination to withhold consent to the adoption.
(vii) unless otherwise required by the Indian Child Welfare
Act, United States Code, title 25, section 1913, a consent to adopt executed
under this section, following proper notice that consent given under this
provision is irrevocable upon acceptance by the court, shall be irrevocable
upon acceptance by the court except upon order permitting revocation issued by
the same court after written findings that consent was obtained by fraud.
(e) In ordering a
permanent placement of a child, the court must be governed by the best
interests of the child, including a review of the relationship between the
child and relatives and the child and other important persons with whom the
child has resided or had significant contact.
When the court has determined that permanent placement of the child away
from the parent is necessary, the court shall consider permanent alternative
homes that are available both inside and outside the state.
(f) Once a permanent
placement determination has been made and permanent placement has been
established, further court reviews are necessary if:
(1) the placement is
long-term foster care or foster care for a specified period of time;
(2) the court orders
further hearings because it has retained jurisdiction of a transfer of
permanent legal and physical custody matter;
(3) an adoption has not
yet been finalized; or
(4) there is a
disruption of the permanent or long-term placement.
(g) Court reviews of an
order for long-term foster care, whether under this section or section
260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and
must review the child's out-of-home placement plan and the reasonable efforts
of the agency to finalize the permanent plan for the child including the
agency's efforts to:
(1) ensure that
long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability or, if not, to
identify and attempt to finalize another permanent placement option under this
chapter that would better serve the child's needs and best interests;
(2) identify a specific
long-term foster home for the child, if one has not already been identified;
(3) support continued
placement of the child in the identified home, if one has been identified;
(4) ensure appropriate
services are provided to address the physical health, mental health, and
educational needs of the child during the period of long-term foster care and
also ensure appropriate services or assistance to maintain relationships with
appropriate family members and the child's community; and
(5) plan for the
child's independence upon the child's leaving long-term foster care living as
required under section 260C.212, subdivision 1.
(h) In the event it is
necessary for a child that has been ordered into foster care for a specified
period of time to be in foster care longer than one year after the permanency
hearing held under this section, not later than 12 months after the time the
child was ordered into foster care for a specified period of time, the matter
must be returned to
court for a review of the appropriateness of continuing the
child in foster care and of the responsible social services agency's reasonable
efforts to finalize a permanent plan for the child; if it is in the child's
best interests to continue the order for foster care for a specified period of
time past a total of 12 months, the court shall set objectives for the child's
continuation in foster care, specify any further amount of time the child may
be in foster care, and review the plan for the safe return of the child to the
parent.
(i) An order permanently placing a child out of the home of
the parent or guardian must include the following detailed findings:
(1) how the child's
best interests are served by the order;
(2) the nature and
extent of the responsible social service agency's reasonable efforts, or, in
the case of an Indian child, active efforts to reunify the child with the
parent or guardian where reasonable efforts are required;
(3) the parent's or
parents' efforts and ability to use services to correct the conditions which
led to the out-of-home placement; and
(4) that the
conditions which led to the out-of-home placement have not been corrected so
that the child can safely return home.
(j) An order for
permanent legal and physical custody of a child may be modified under sections
518.18 and 518.185. The social services
agency is a party to the proceeding and must receive notice. A parent may only seek modification of an
order for long-term foster care upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the parent could
provide appropriate care for the child and that removal of the child from the
child's permanent placement and the return to the parent's care would be in the
best interest of the child. The
responsible social services agency may ask the court to vacate an order for
long-term foster care upon a prima facie showing that there is a factual basis
for the court to order another permanency option under this chapter and that
such an option is in the child's best interests. Upon a hearing where the court determines
that there is a factual basis for vacating the order for long-term foster care
and that another permanent order regarding the placement of the child is in the
child's best interests, the court may vacate the order for long-term foster
care and enter a different order for permanent placement that is in the child's
best interests. The court shall not
require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for long-term foster care and
ordering a different permanent placement in the child's best interests. The county attorney must file pleadings and
give notice as required under the rules of juvenile court in order to modify an
order for long-term foster care under this paragraph.
(k) The court shall
issue an order required under this section within 15 days of the close of the
proceedings. The court may extend
issuing the order an additional 15 days when necessary in the interests of
justice and the best interests of the child.
(l) This paragraph
applies to proceedings required under this subdivision when the child is on a
trial home visit:
(1) if the child is on
a trial home visit 12 months after the child was placed in foster care or in
the care of a noncustodial parent as calculated in this subdivision, the
responsible social services agency may file a report with the court regarding
the child's and parent's progress on the trial home visit and its reasonable
efforts to finalize the child's safe and permanent return to the care of the
parent in lieu of filing the pleadings required under paragraph (b). The court shall make findings regarding
reasonableness of the responsible social services efforts to finalize the
child's return home as the permanent order in the best interests of the
child. The court may continue the trial
home visit to a total time not to exceed six months as provided in subdivision
1. If the court finds the responsible
social services agency has not made reasonable efforts to finalize the child's
return home as the permanent order in the best interests of the child, the
court may order other or additional efforts to support the child remaining in
the care of the parent; and
(2) if a trial home visit ordered or continued at proceedings
under this subdivision terminates, the court shall re-commence proceedings
under this subdivision to determine the permanent status of the child not later
than 30 days after the child is returned to foster care.
Sec. 4. Minnesota
Statutes 2008, section 260C.209, subdivision 3, is amended to read:
Subd. 3. Multistate information. For every background study completed under
this section, the subject of the background study shall provide the responsible
social services agency with a set of classifiable fingerprints obtained from an
authorized agency. The responsible social
services agency shall provide the fingerprints to the commissioner, and the
commissioner shall obtain criminal history data from the National Criminal
Records Repository by submitting the fingerprints to the Bureau of Criminal
Apprehension.
In cases involving the emergency relative placement of
children under section 245A.035, the social services agency or county
attorney may request a name-based check of the National Criminal Records
Repository. In those cases, fingerprints
of the individual being checked must be forwarded to the Bureau of Criminal
Apprehension for submission to the Federal Bureau of Investigation within 15
calendar days of the name-based check.
If the subject of the name-based check does not provide fingerprints
upon request, the child or children must be removed from the home.
Sec. 5. Minnesota
Statutes 2008, section 260C.212, subdivision 4, is amended to read:
Subd. 4. Agency responsibilities for parents and
children in placement. (a) When a
child is in foster care, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both
parents of the child.
(1) The responsible social services agency shall assess
whether a noncustodial or nonadjudicated parent is willing and capable of
providing for the day-to-day care of the child temporarily or permanently. An assessment under this clause may include,
but is not limited to, obtaining information under section 260C.209. If after assessment, the responsible social
services agency determines that a noncustodial or nonadjudicated parent is
willing and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the
court to have that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, the
responsible social services agency shall require the nonadjudicated parent to
cooperate with paternity establishment procedures as part of the case plan.
(2) If, after assessment, the responsible social services agency
determines that the child cannot be in the day-to-day care of either parent,
the agency shall:
(i) prepare an out-of-home placement plan addressing the
conditions that each parent must meet before the child can be in that parent's
day-to-day care; and
(ii) provide a parent who is the subject of a background study
under section 260C.209 15 days' notice that it intends to use the study to
recommend against putting the child with that parent, as well as the notice
provided in section 260C.209, subdivision 4, and the court shall afford the
parent an opportunity to be heard concerning the study.
The results of a background study of a noncustodial parent
shall not be used by the agency to determine that the parent is incapable of
providing day-to-day care of the child unless the agency reasonably believes
that placement of the child into the home of that parent would endanger the
child's health, safety, or welfare.
(3) If, after the provision of services following an
out-of-home placement plan under this section, the child cannot return to the
care of the parent from whom the child was removed or who had legal custody at
the time the child was placed in foster care, the agency may petition on behalf
of a noncustodial parent to establish legal custody with that parent under
section 260C.201, subdivision 11. If
paternity has not already been established, it may be established in the same
proceeding in the manner provided for under chapter 257.
(4) The responsible social services agency may be relieved of
the requirement to locate and offer services to both parents by the juvenile
court upon a finding of good cause after the filing of a petition under section
260C.141.
(b) The responsible social services agency shall give notice
to the parent or guardian of each child in foster care, other than a child in
voluntary foster care for treatment under chapter 260D, of the following
information:
(1) that the child's placement in foster care may result in
termination of parental rights or an order permanently placing the child out of
the custody of the parent, but only after notice and a hearing as required
under chapter 260C and the juvenile court rules;
(2) time limits on the length of placement and of
reunification services, including the date on which the child is expected to be
returned to and safely maintained in the home of the parent or parents or
placed for adoption or otherwise permanently removed from the care of the
parent by court order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the circumstances that led
to the child's placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of
foster care as soon as possible, preferably by returning the child home, but if
that is not possible, through a permanent legal placement of the child away
from the parent;
(7) when safe for the child, the benefits to the child and
the parent of maintaining visitation with the child as soon as possible in the
course of the case and, in any event, according to the visitation plan under
this section; and
(8) the financial responsibilities and obligations, if any,
of the parent or parents for the support of the child during the period the
child is in foster care.
(c) The responsible social services agency shall inform a
parent considering voluntary placement of a child under subdivision 8, of the
following information:
(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement, but not to
counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement agreement may at any
time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;
(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for a petition
alleging that the child is in need of protection or services or as the basis
for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;
(4) if the responsible social services agency files a
petition alleging that the child is in need of protection or services or a
petition seeking the termination of parental rights or other permanent
placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by law, and that
counsel will be appointed at public expense if they are unable to afford
counsel; and
(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in voluntary
placement on the scheduling of a permanent placement determination hearing
under section 260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the agency
shall determine whether the child has had a physical examination by or under
the direction of a licensed physician within the 12 months immediately
preceding the date when the child came into the agency's care. If there is documentation that the child has
had an examination within the last 12 months, the agency is responsible for
seeing that the child has another physical examination within one year of the documented
examination and annually in subsequent years.
If the agency determines that the child has not had a physical
examination within the 12 months immediately preceding placement, the agency
shall ensure that the child has an examination within 30 days of coming into
the agency's care and once a year in subsequent years.
(e) Whether under state guardianship or not, if a child
leaves foster care by reason of having attained the age of majority under state
law, the child must be given at no cost a copy of the child's social and
medical history, as defined in section 259.43, and education report.
Sec. 6. Minnesota
Statutes 2008, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of
placements. (a) There shall be an
administrative review of the out-of-home placement plan of each child placed in
foster care no later than 180 days after the initial placement of the child in
foster care and at least every six months thereafter if the child is not
returned to the home of the parent or parents within that time. The out-of-home placement plan must be
monitored and updated at each administrative review. The administrative review shall be conducted
by the responsible social services agency using a panel of appropriate persons
at least one of whom is not responsible for the case management of, or the
delivery of services to, either the child or the parents who are the subject of
the review. The administrative review
shall be open to participation by the parent or guardian of the child and the
child, as appropriate.
(b) As an alternative to the administrative review required
in paragraph (a), the court may, as part of any hearing required under the
Minnesota Rules of Juvenile Protection Procedure, conduct a hearing to monitor
and update the out-of-home placement plan pursuant to the procedure and
standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the
out-of-home placement plan shall give parties to the proceeding notice of the request
to review and update the out-of-home placement plan. A court review conducted pursuant to section
260C.193; 260C.201, subdivision 1 or 11; 260C.141, subdivision 2 or 2a, clause
(2); or 260C.317 shall satisfy the requirement for the review so long as the
other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and
relevant court orders, the responsible social services agency or the court
shall review:
(1) the safety, permanency needs, and well-being of the
child;
(2) the continuing necessity for and appropriateness of the
placement;
(3) the extent of compliance with the out-of-home placement
plan;
(4) the extent of progress which has been made toward
alleviating or mitigating the causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to
and safely maintained in the home or placed permanently away from the care of
the parent or parents or guardian; and
(6) the appropriateness of the services provided to the
child.
(d) When a child is age 16 or older, in addition to any
administrative review conducted by the agency, at the review required under
section 260C.201, subdivision 11, paragraph (d), clause (3), item (iii); or
260C.317, subdivision 3, clause (3), the court shall review the independent
living plan required under subdivision 1, paragraph (c), clause (8), and the
provision of services to the child related to the well-being of the child as
the child prepares to leave foster care.
The review shall include the actual plans related to each item in the
plan necessary to the child's future safety and well-being when the child is no
longer in foster care.
(1) At the court review, the responsible social services
agency shall establish that it has given the notice required under Minnesota
Rules, part 9560.0060, regarding the right to continued access to services for
certain children in foster care past age 18 and of the right to appeal a denial
of social services under section 256.245 256.045. If the agency is unable to establish that the
notice, including the right to appeal a denial of social services, has been
given, the court shall require the agency to give it.
(2) The court shall make findings regarding progress toward or
accomplishment of the following goals:
(i) the child has obtained a high school diploma or its
equivalent;
(ii) the child has completed a driver's education course or
has demonstrated the ability to use public transportation in the child's
community;
(iii) the child is employed or enrolled in postsecondary
education;
(iv) the child has applied for and obtained postsecondary
education financial aid for which the child is eligible;
(v) the child has health care coverage and health care
providers to meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability income
assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary
supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the
first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which
does not include a homeless shelter, if the original housing plan is
unworkable;
(x) the child, if male, has registered for the Selective
Service; and
(xi) the child has a permanent connection to a caring adult.
(3) The court shall ensure that the responsible agency in
conjunction with the placement provider assists the child in obtaining the
following documents prior to the child's leaving foster care: a Social Security card; the child's birth
certificate; a state identification card or driver's license, green card, or
school visa; the child's school, medical, and dental records; a contact list of
the child's medical, dental, and mental health providers; and contact
information for the child's siblings, if the siblings are in foster care.
Sec. 7. Minnesota
Statutes 2008, section 260D.07, is amended to read:
260D.07 REQUIRED PERMANENCY
REVIEW HEARING.
(a) When the court has found that the voluntary arrangement is
in the child's best interests and that the agency and parent are appropriately
planning for the child pursuant to the report submitted under section 260D.06,
and the child continues in voluntary foster care as defined in section 260D.02,
subdivision 10, for 13 months from the date of the voluntary foster care
agreement, or has been in placement for 15 of the last 22 months, the agency
must:
(1) terminate the voluntary foster care agreement and return
the child home; or
(2) determine whether there are compelling reasons to
continue the voluntary foster care arrangement and, if the agency determines
there are compelling reasons, seek judicial approval of its determination; or
(3) file a petition for the termination of parental rights.
(b) When the agency is asking for the court's approval of its
determination that there are compelling reasons to continue the child in the
voluntary foster care arrangement, the agency shall file a "Petition for
Permanency Review Regarding a Child in Voluntary Foster Care for
Treatment" and ask the court to proceed under this section.
(c) The "Petition for Permanency Review Regarding a
Child in Voluntary Foster Care for Treatment" shall be drafted or approved
by the county attorney and be under oath.
The petition shall include:
(1) the date of the voluntary placement agreement;
(2) whether the petition is due to the child's developmental
disability or emotional disturbance;
(3) the plan for the ongoing care of the child and the
parent's participation in the plan;
(4) a description of the parent's visitation and contact with
the child;
(5) the date of the court finding that the foster care
placement was in the best interests of the child, if required under section
260D.06, or the date the agency filed the motion under section 260D.09,
paragraph (b);
(6) the agency's reasonable efforts to finalize the permanent
plan for the child, including returning the child to the care of the child's
family; and
(7) a citation to this chapter as the basis for the petition.
(d) An updated copy of the out-of-home placement plan
required under section 260C.212, subdivision 1, shall be filed with the
petition.
(e) The court shall set the date for the permanency review
hearing no later than 14 months after the child has been in placement or within
30 days of the petition filing date when the child has been in placement 15 of
the last 22 months. The court shall
serve the petition together with a notice of hearing by United States mail on
the parent, the child age 12 or older, the child's guardian ad litem, if one
has been appointed, the agency, the county attorney, and counsel for any party.
(f) The court shall conduct the permanency review hearing on
the petition no later than 14 months after the date of the voluntary placement
agreement, within 30 days of the filing of the petition when the child has been
in placement 15 days of the last 22 months, or within 15 days of a motion to
terminate jurisdiction and to dismiss an order for foster care under chapter
260C, as provided in section 260D.09, paragraph (b).
(g) At the permanency review hearing, the court shall:
(1) inquire of the parent if the parent has reviewed the
"Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment," whether the petition is accurate, and whether the parent
agrees to the continued voluntary foster care arrangement as being in the
child's best interests;
(2) inquire of the parent if the parent is satisfied with the
agency's reasonable efforts to finalize the permanent plan for the child,
including whether there are services available and accessible to the parent
that might allow the child to safely be with the child's family;
(3) inquire of the parent if the parent consents to the court
entering an order that:
(i) approves the responsible agency's reasonable efforts to
finalize the permanent plan for the child, which includes ongoing future
planning for the safety, health, and best interests of the child; and
(ii) approves the responsible agency's determination that
there are compelling reasons why the continued voluntary foster care
arrangement is in the child's best interests; and
(4) inquire of the child's guardian ad litem and any other
party whether the guardian or the party agrees that:
(i) the court should approve the responsible agency's
reasonable efforts to finalize the permanent plan for the child, which includes
ongoing and future planning for the safety, health, and best interests of the
child; and
(ii) the court should approve of the responsible agency's
determination that there are compelling reasons why the continued voluntary
foster care arrangement is in the child's best interests.
(h) At a permanency review hearing under this section, the
court may take the following actions based on the contents of the sworn
petition and the consent of the parent:
(1) approve the agency's compelling reasons that the
voluntary foster care arrangement is in the best interests of the child; and
(2) find that the agency has made reasonable efforts to
finalize a plan for the permanent plan for the child.
(i) A child, age 12 or older, may object to the agency's
request that the court approve its compelling reasons for the continued
voluntary arrangement and may be heard on the reasons for the objection. Notwithstanding the child's objection, the
court may approve the agency's compelling reasons and the voluntary
arrangement.
(j) If the court does not approve the voluntary arrangement
after hearing from the child or the child's guardian ad litem, the court shall
dismiss the petition. In this case,
either:
(1) the child must be returned to the care of the parent; or
(2) the agency must file a petition under section 260C.141,
asking for appropriate relief under section 260C.201, subdivision 11, or
260C.301.
(k) When the court approves the agency's compelling reasons
for the child to continue in voluntary foster care for treatment, and finds
that the agency has made reasonable efforts to finalize a permanent plan for
the child, the court shall approve the continued voluntary foster care
arrangement, and continue the matter under the court's jurisdiction for the
purposes of reviewing the child's placement every 12 months while the child is
in foster care.
(l) A finding that the court approves the continued voluntary
placement means the agency has continued legal authority to place the child
while a voluntary placement agreement remains in effect. The parent or the agency may terminate a
voluntary agreement as provided in section 260D.10. Termination of a voluntary foster care
placement of an Indian child is governed by section 260.765, subdivision 4.
Sec. 8. Laws 2008,
chapter 361, article 6, section 58, is amended to read:
Sec. 58. REVISOR'S INSTRUCTION.
(a) In each section of Minnesota Statutes referred to in
column A, the revisor of statutes shall delete the reference in column B and
insert the reference in column C.
Column
A Column
B Column
C
259.67 260.851,
article 5 260.853
260.93, article 4
256B.094 260.851 260.853
260.93
(b) In each section of Minnesota Rules referred to in
column A, the revisor of statutes shall delete the reference in column B and
insert the reference in column C.
Column
A Column
B Column
C
9545.0755 260.851
to 260.91 260.855
to 260.93
9545.0815 260.851 260.93
9550.6210 260.851
to 260.91 260.855
to 260.93
9560.0130 260.851 260.93
(c) The revisor of statutes shall replace
"Interstate Compact on the Placement of Children" with
"Interstate Compact for the Placement of Children" wherever it
appears in rules or statutes.
EFFECTIVE
DATE. This section is
effective upon legislative enactment of the compact in Minnesota Statutes,
section 260.93, into law by no less than 35 states. The commissioner of human services shall inform
the revisor of statutes when this occurs.
Sec. 9. REPEALER.
Minnesota Statutes 2008, section 260C.209, subdivision
4, is repealed.
ARTICLE 2
CHILD WELFARE POLICY
Section 1.
Minnesota Statutes 2008, section 13.46, subdivision 2, is amended to
read:
Subd. 2. General. (a) Unless the data is summary data or a
statute specifically provides a different classification, data on individuals
collected, maintained, used, or disseminated by the welfare system is private
data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing
access to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in the
investigation or prosecution of a criminal or civil proceeding relating to the
administration of a program;
(5) to personnel of the welfare system who require the
data to verify an individual's identity; determine eligibility, amount of
assistance, and the need to provide services to an individual or family across
programs; evaluate the effectiveness of programs; assess parental contribution
amounts; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in
the same program;
(8) to the Department of Revenue to assess parental
contribution amounts for purposes of section 252.27, subdivision 2a, administer
and evaluate tax refund or tax credit programs and to identify individuals who
may benefit from these programs. The
following information may be disclosed under this paragraph: an individual's and their dependent's names,
dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner of revenue to
the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1.
Tax refund or tax credit programs include, but are not limited to, the
dependent care credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund and rental credit under
section 290A.04, and the Minnesota education credit under section 290.0674;
(9) between the Department of Human Services, the
Department of Employment and Economic Development, and when applicable, the
Department of Education, for the following purposes:
(i) to monitor the eligibility of the data subject for
unemployment benefits, for any employment or training program administered,
supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child
care assistance program, whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family
investment program or the child care assistance program by exchanging data on
recipients and former recipients of food support, cash assistance under chapter
256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L; and
(iv) to analyze public assistance employment services
and program utilization, cost, effectiveness, and outcomes as implemented under
the authority established in Title II, Sections 201-204 of the Ticket to Work
and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and
"protected health information" as defined in Code of Federal
Regulations, title 45, section 160.103, and governed by Code of Federal
Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an
emergency if knowledge of the information is necessary to protect the health or
safety of the individual or other individuals or persons;
(11) data maintained by residential programs as defined
in section 245A.02 may be disclosed to the protection and advocacy system
established in this state according to Part C of Public Law 98-527 to protect
the legal and human rights of persons with developmental disabilities or other
related conditions who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on behalf of that
person and the person does not have a legal guardian or the state or a designee
of the state is the legal guardian of the person;
(12) to the county medical examiner or the county
coroner for identifying or locating relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments
to the public agency may be disclosed to the Minnesota Office of Higher
Education to the extent necessary to determine eligibility under section
136A.121, subdivision 2, clause (5);
(14) participant Social Security numbers and names
collected by the telephone assistance program may be disclosed to the
Department of Revenue to conduct an electronic data match with the property tax
refund database to determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family
investment program participant may be disclosed to law enforcement officers who
provide the name of the participant and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution,
or custody or confinement after conviction, for a crime or attempt to commit a
crime that is a felony under the laws of the jurisdiction from which the
individual is fleeing; or
(B) is violating a condition of probation or parole
imposed under state or federal law;
(ii) the location or apprehension of the felon is
within the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law
enforcement officers who are investigating the recipient in connection with a
felony level offense;
(17) information obtained from food support applicant
or recipient households may be disclosed to local, state, or federal law
enforcement officials, upon their written request, for the purpose of
investigating an alleged violation of the Food Stamp Act, according to Code of
Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security number, and, if
available, photograph of any member of a household receiving food support shall
be made available, on request, to a local, state, or federal law enforcement
officer if the officer furnishes the agency with the name of the member and
notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a crime that is
a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole
imposed under state or federal law; or
(C) has information that is necessary for the officer
to conduct an official duty related to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota
family investment program, general assistance, general assistance medical care,
or food support may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a
person required to register under section 243.166, but is not residing at the
address at which the recipient is registered under section 243.166;
(20) certain information regarding child support
obligors who are in arrears may be made public according to section 518A.74;
(21) data on child support payments made by a child
support obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all obligees to whom
the obligor owes support, and data on the enforcement actions undertaken by the
public authority, the status of those actions, and data on the income of the
obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be
disclosed under section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of
matching Department of Education student data with public assistance data to
determine students eligible for free and reduced-price meals, meal supplements,
and free milk according to United States Code, title 42, sections 1758, 1761,
1766, 1766a, 1772, and 1773; to allocate federal and state funds that are
distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;
(24) the current address and telephone number of
program recipients and emergency contacts may be released to the commissioner
of health or a local board of health as defined in section 145A.02, subdivision
2, when the commissioner or local board of health has reason to believe that a
program recipient is a disease case, carrier, suspect case, or at risk of
illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney general, and
agencies of other states, interstate information networks, federal agencies,
and other entities as required by federal regulation or law for the
administration of the child support enforcement program;
(26) to personnel of public assistance programs as
defined in section 256.741, for access to the child support system database for
the purpose of administration, including monitoring and evaluation of those
public assistance programs;
(27) to monitor and evaluate the Minnesota family
investment program by exchanging data between the Departments of Human Services
and Education, on recipients and former recipients of food support, cash
assistance under chapter 256, 256D, 256J, or 256K, child care assistance under
chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and
to identify and prevent fraud in the child support program by exchanging data
between the Department of Human Services, Department of Revenue under section
270B.14, subdivision 1, paragraphs (a) and (b), without regard to the
limitation of use in paragraph (c), Department of Health, Department of
Employment and Economic Development, and other state agencies as is reasonably
necessary to perform these functions; or
(29) counties operating child care assistance programs
under chapter 119B may disseminate data on program participants, applicants,
and providers to the commissioner of education.; or
(30) child support data on the parents and the child
may be disclosed to agencies administering programs under Titles IV-E and IV-B
of the Social Security Act, as provided by federal law. Data may be disclosed only to the extent
necessary for the purpose of establishing parentage or for determining who has
or may have parental rights with respect to a child, which could be related to
permanency planning.
(b) Information on persons who have been treated for
drug or alcohol abuse may only be disclosed according to the requirements of
Code of Federal Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are
investigative data and are confidential or protected nonpublic while the investigation
is active. The data are private after
the investigation becomes inactive under section 13.82, subdivision 5,
paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access provisions of
subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will
be deemed to be made in writing if made through a computer interface system.
Sec. 2.
Minnesota Statutes 2008, section 256.01, subdivision 14b, is amended to
read:
Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may
authorize projects to test tribal delivery of child welfare services to
American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and
determine which tribes may participate in a project. Grants may be issued to Minnesota Indian
tribes to support the projects. The
commissioner may waive existing state rules as needed to accomplish the
projects. Notwithstanding section
626.556, the commissioner may authorize projects to use alternative methods of
investigating and assessing reports of child maltreatment, provided that the
projects comply with the provisions of section 626.556 dealing with the rights
of individuals who are subjects of reports or investigations, including notice
and appeal rights and data practices requirements. The commissioner may seek any federal
approvals necessary to carry out the projects as well as seek and use any funds
available to the commissioner, including use of federal funds, foundation
funds, existing grant funds, and other funds.
The commissioner is authorized to advance state funds as necessary to
operate the projects. Federal
reimbursement applicable to the projects is appropriated to the commissioner
for the purposes of the projects. The
projects must be required to address responsibility for safety, permanency, and
well-being of children.
(b) For the purposes of this section, "American
Indian child" means a person under 18 years of age who is a tribal member
or eligible for membership in one of the tribes chosen for a project under this
subdivision and who is residing on the reservation of that tribe.
(c) In order to qualify for an American Indian child
welfare project, a tribe must:
(1) be one of the existing tribes with reservation
land in Minnesota;
(2) have a tribal court with jurisdiction over child
custody proceedings;
(3) have a substantial number of children for whom
determinations of maltreatment have occurred;
(4) have capacity to respond to reports of abuse and
neglect under section 626.556;
(5) provide a wide range of services to families in
need of child welfare services; and
(6) have a tribal-state title IV-E agreement in
effect.
(d) Grants awarded under this section may be used for
the nonfederal costs of providing child welfare services to American Indian
children on the tribe's reservation, including costs associated with:
(1) assessment and prevention of child abuse and neglect;
(2) family preservation;
(3) facilitative, supportive, and reunification
services;
(4) out-of-home placement for children removed from
the home for child protective purposes; and
(5) other activities and services approved by the
commissioner that further the goals of providing safety, permanency, and
well-being of American Indian children.
(e) When a tribe has initiated a project and has been
approved by the commissioner to assume child welfare responsibilities for
American Indian children of that tribe under this section, the affected county
social service agency is relieved of responsibility for responding to reports
of abuse and neglect under section 626.556 for those children during the time
within which the tribal project is in effect and funded. The commissioner shall work with tribes and
affected counties to develop procedures for data collection, evaluation, and
clarification of ongoing role and financial responsibilities of the county and
tribe for child welfare services prior to initiation of the project. Children who have not been identified by the
tribe as participating in the project shall remain the responsibility of the
county. Nothing in this section shall alter
responsibilities of the county for law enforcement or court services.
(f) Participating tribes may conduct children's mental
health screenings under section 245.4874, subdivision 1, paragraph (a), clause
(14), for children who are eligible for the initiative and living on the
reservation and who meet one of the following criteria:
(1) the child must be receiving child protective
services;
(2) the child must be in foster care; or
(3) the child's parents must have had parental rights
suspended or terminated.
Tribes may
access reimbursement from available state funds for conducting the
screenings. Nothing in this section
shall alter responsibilities of the county for providing services under section
245.487.
(g) Participating tribes may establish a local child
mortality review panel. In establishing
a local child mortality review panel, the tribe agrees to conduct local child
mortality reviews for child deaths or near-fatalities occurring on the
reservation under section 256.01, subdivision 12. Tribes with established child mortality
review panels shall have access to nonpublic data and shall protect nonpublic
data under section 256.01, subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to the
commissioner and affected counties when a local child mortality review panel
has been established and shall provide data upon request of the commissioner
for purposes of sharing nonpublic data with members of the state child
mortality review panel in connection to an individual case.
(f) (h) The commissioner shall
collect information on outcomes relating to child safety, permanency, and
well-being of American Indian children who are served in the projects. Participating tribes must provide information
to the state in a format and completeness deemed acceptable by the state to
meet state and federal reporting requirements.
Sec. 3.
Minnesota Statutes 2008, section 259.52, subdivision 2, is amended to
read:
Subd. 2. Requirement to search registry before
adoption petition can be granted; proof of search. No petition for adoption may be granted
unless the agency supervising the adoptive placement, the birth mother of the
child, or, in the case of a stepparent or relative adoption, the county agency
responsible for the report required under section 259.53, subdivision 1,
requests that the commissioner of health search the registry to determine
whether a putative father is registered in relation to a child who is or may be
the subject of an adoption petition. The
search required by this subdivision must be conducted no sooner than 31 days
following the birth of the child. A
search of the registry may be proven by the production of a certified copy of
the registration form or by a certified statement of the commissioner of health
that after a search no registration of a putative father in relation to a child
who is or may be the subject of an adoption petition could be located. The filing of a certified copy of an order
from a juvenile protection matter under chapter 260C containing a finding that
certification of the requisite search of the Minnesota fathers' adoption
registry was filed with the court in that matter shall also constitute proof of
search. Certification that the fathers'
adoption registry has been searched must be filed with the court prior to entry
of any
final order of adoption. In addition to the search required by this
subdivision, the agency supervising the adoptive placement, the birth mother of
the child, or, in the case of a stepparent or relative adoption, the social
services agency responsible for the report under section 259.53, subdivision 1,
or the responsible social services agency that is a petitioner in a juvenile
protection matter under chapter 260C may request that the commissioner of
health search the registry at any time. Search
requirements of this section do not apply when the responsible social services
agency is proceeding under Safe Place for Newborns, section 260C.217.
Sec. 4.
Minnesota Statutes 2008, section 259.52, subdivision 6, is amended to
read:
Subd. 6. Who may register. Any putative father may register with the
fathers' adoption registry. However,
Any limitation on a putative father's right to assert an interest in the child
as provided in this section applies only in adoption proceedings,
termination of parental rights proceedings under chapter 260C, and only to
those putative fathers not entitled to notice and consent under sections 259.24
and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) to (7).
Sec. 5.
Minnesota Statutes 2008, section 260.012, is amended to read:
260.012
DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE
EFFORTS.
(a) Once a child alleged to be in need of protection
or services is under the court's jurisdiction, the court shall ensure that
reasonable efforts, including culturally appropriate services, by the social
services agency are made to prevent placement or to eliminate the need for
removal and to reunite the child with the child's family at the earliest
possible time, and the court must ensure that the responsible social services
agency makes reasonable efforts to finalize an alternative permanent plan for
the child as provided in paragraph (e).
In determining reasonable efforts to be made with respect to a child and
in making those reasonable efforts, the child's best interests, health, and safety
must be of paramount concern. Reasonable
efforts to prevent placement and for rehabilitation and reunification are
always required except upon a determination by the court that a petition has
been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm
as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child
have been terminated involuntarily;
(3) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parent's custodial rights to another child
have been involuntarily transferred to a relative under section 260C.201,
subdivision 11, paragraph (e), clause (1), or a similar law of another
jurisdiction; or
(5) the provision of services or further services for
the purpose of reunification is futile and therefore unreasonable under the
circumstances.
(b) When the court makes one of the prima facie
determinations under paragraph (a), either permanency pleadings under section
260C.201, subdivision 11, or a termination of parental rights petition under
sections 260C.141 and 260C.301 must be filed.
A permanency hearing under section 260C.201, subdivision 11, must be
held within 30 days of this determination.
(c) In the case of an Indian child, in proceedings
under sections 260B.178 or 260C.178, 260C.201, and 260C.301 the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act
of 1978, United States Code, title 25, section 1901 et seq., as to the
provision of active efforts. In cases
governed by the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1901, the responsible social services agency must provide active
efforts as required under United States Code, title 25, section 1911(d).
(d) "Reasonable efforts to prevent placement"
means:
(1) the agency has made reasonable efforts to prevent
the placement of the child in foster care by working with the family to
develop and implement a safety plan; or
(2) given the particular circumstances of the child and
family at the time of the child's removal, there are no services or efforts
available which could allow the child to safely remain in the home.
(e) "Reasonable efforts to finalize a permanent
plan for the child" means due diligence by the responsible social services
agency to:
(1) reunify the child with the parent or guardian from
whom the child was removed;
(2) assess a noncustodial parent's ability to provide
day-to-day care for the child and, where appropriate, provide services
necessary to enable the noncustodial parent to safely provide the care, as
required by section 260C.212, subdivision 4;
(3) conduct a relative search to identify and
provide notice to adult relatives as required under section 260C.212,
subdivision 5; and
(4) place siblings removed from their home in the same
home for foster care, adoption, or transfer permanent legal and physical
custody to a relative. Visitation
between siblings who are not in the same foster care, adoption, or custodial
placement or facility shall be consistent with section 260C.212, subdivision 2;
and
(4) (5) when the child cannot return to the parent
or guardian from whom the child was removed, to plan for and finalize a safe
and legally permanent alternative home for the child, and considers permanent
alternative homes for the child inside or outside of the state, preferably
through adoption or transfer of permanent legal and physical custody of the
child.
(f) Reasonable efforts are made upon the exercise of
due diligence by the responsible social services agency to use culturally
appropriate and available services to meet the needs of the child and the
child's family. Services may include
those provided by the responsible social services agency and other culturally
appropriate services available in the community. At each stage of the proceedings where the
court is required to review the appropriateness of the responsible social
services agency's reasonable efforts as described in paragraphs (a), (d), and
(e), the social services agency has the burden of demonstrating that:
(1) it has made reasonable efforts to prevent placement
of the child in foster care;
(2) it has made reasonable efforts to eliminate the
need for removal of the child from the child's home and to reunify the child
with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an
alternative permanent home for the child, and considers permanent alternative
homes for the child inside or outside of the state; or
(4) reasonable efforts to prevent placement and to
reunify the child with the parent or guardian are not required. The agency may meet this burden by stating facts
in a sworn petition filed under section 260C.141, by filing an affidavit
summarizing the agency's reasonable efforts or facts the agency believes
demonstrate there is no need for reasonable efforts to reunify the parent and
child, or through testimony or a certified report required under juvenile court
rules.
(g) Once the court determines that reasonable efforts
for reunification are not required because the court has made one of the prima
facie determinations under paragraph (a), the court may only require reasonable
efforts for reunification after a hearing according to section 260C.163, where
the court finds there is not clear and convincing
evidence of the facts upon which the court based its
prima facie determination. In this case
when there is clear and convincing evidence that the child is in need of
protection or services, the court may find the child in need of protection or
services and order any of the dispositions available under section 260C.201,
subdivision 1. Reunification of a
surviving child with a parent is not required if the parent has been convicted
of:
(1) a violation of, or an attempt or conspiracy to
commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or
609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(3) a violation of, or an attempt or conspiracy to
commit a violation of, United States Code, title 18, section 1111(a) or
1112(a), in regard to another child of the parent.
(h) The juvenile court, in proceedings under sections
260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts
have been made, the court shall consider whether services to the child and
family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that
provision of services or further services for the purpose of rehabilitation is
futile and therefore unreasonable under the circumstances or that reasonable
efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement
for treatment of a child with a mental disability when it is determined to
be medically necessary as a result of the child's diagnostic assessment or
individual treatment plan indicates that appropriate and necessary treatment
cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be
effectively and safely provided in the child's home or community and it is
determined that a residential treatment setting is the least restrictive
setting that is appropriate to the needs of the child.
(j) If continuation of reasonable efforts to prevent placement
or reunify the child with the parent or guardian from whom the child was
removed is determined by the court to be inconsistent with the permanent plan
for the child or upon the court making one of the prima facie determinations
under paragraph (a), reasonable efforts must be made to place the child in a
timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or
in another permanent placement may be made concurrently with reasonable efforts
to prevent placement or to reunify the child with the parent or guardian from
whom the child was removed. When the
responsible social services agency decides to concurrently make reasonable
efforts for both reunification and permanent placement away from the parent
under paragraph (a), the agency shall disclose its decision and both plans for
concurrent reasonable efforts to all parties and the court. When the agency discloses its decision to
proceed on both plans for reunification and permanent placement away from the
parent, the court's review of the agency's reasonable efforts shall include the
agency's efforts under both plans.
Sec. 6.
Minnesota Statutes 2008, section 260B.007, subdivision 7, is amended to
read:
Subd. 7. Foster care. "Foster care" means the 24 hour
a day care of a child in any facility which for gain or otherwise regularly
provides one or more children, when unaccompanied by their parents, with a substitute
for the care, food, lodging, training, education, supervision or treatment they
need but which for any reason cannot be furnished by their parents or legal
guardians in their homes. "Foster care" means 24-hour
substitute care for children placed away from their parents or guardian and for
whom a responsible social services agency has placement and care
responsibility. Foster care includes,
but is not limited to, placement in foster family homes, foster homes of
relatives, group homes, emergency shelters, residential facilities not excluded
in this subdivision, child care institutions, and preadoptive homes. A child is in foster care under this
definition regardless of whether the facility is licensed and payments are made
for the cost of care. Nothing in this
definition creates any authority to place a child in a home or facility that is
required to be licensed which is not licensed.
Foster care does not include placement in any of the following
facilities: hospitals, inpatient
chemical dependency treatment facilities, facilities that are primarily for
delinquent children, any corrections facility or program within a particular
corrections facility not meeting requirements for Title IV-E facilities as
determined by the commissioner, facilities to which a child is committed under
the provision of chapter 253B, forestry camps, or jails. Foster care is intended to provide for a
child's safety or to access treatment.
Foster care must not be used as a punishment or consequence for a
child's behavior.
Sec. 7.
Minnesota Statutes 2008, section 260B.157, subdivision 3, is amended to
read:
Subd. 3. Juvenile treatment screening team. (a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare
case plans under this subdivision. The
team, which may be the team constituted under section 245.4885 or 256B.092 or
Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of social workers,
juvenile justice professionals, and persons with expertise in the treatment of
juveniles who are emotionally disabled, chemically dependent, or have a
developmental disability. The team shall
involve parents or guardians in the screening process as appropriate. The team may be the same team as defined in
section 260C.157, subdivision 3.
(b) If the court, prior to, or as part of, a final
disposition, proposes to place a child:
(1) for the primary purpose of treatment for an
emotional disturbance, and residential placement is consistent with section
260.012, a developmental disability, or chemical dependency in a
residential treatment facility out of state or in one which is within the state
and licensed by the commissioner of human services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding
30 days in duration, including a postdispositional post-dispositional
placement in a facility licensed by the commissioner of corrections or human
services, the court shall notify the county welfare agency. The county's juvenile treatment screening
team must either:
(i) screen and evaluate the child and file its
recommendations with the court within 14 days of receipt of the notice; or
(ii) elect not to screen a given case, and notify the
court of that decision within three working days.
(c) If the screening team has elected to screen and
evaluate the child, the child may not be placed for the primary purpose of
treatment for an emotional disturbance, a developmental disability, or chemical
dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter
245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an
emergency requires the placement of the child in a facility within
the state;
(2) the screening team has evaluated the child and
recommended that a residential placement is necessary to meet the child's
treatment needs and the safety needs of the community, that it is a
cost-effective means of meeting the treatment needs, and that it will be of
therapeutic value to the child; or
(3) the court, having reviewed a screening team
recommendation against placement, determines to the contrary that a residential
placement is necessary. The court shall
state the reasons for its determination in writing, on the record, and shall
respond specifically to the findings and recommendation of the screening team
in explaining why the recommendation was rejected. The attorney representing the child and the
prosecuting attorney shall be afforded an opportunity to be heard on the
matter.
Sec. 8.
Minnesota Statutes 2008, section 260B.198, subdivision 1, is amended to
read:
Subdivision 1. Court order, findings, remedies, treatment. If the court finds that the child is
delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:
(1) counsel the child or the parents, guardian, or
custodian;
(2) place the child under the supervision of a
probation officer or other suitable person in the child's own home under
conditions prescribed by the court including reasonable rules for the child's
conduct and the conduct of the child's parents, guardian, or custodian,
designed for the physical, mental, and moral well-being and behavior of the
child, or with the consent of the commissioner of corrections, in a group
foster care facility which is under the management and supervision of said
commissioner;
(3) if the court determines that the child is a
danger to self or others, subject to the supervision of the court, transfer
legal custody of the child to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency; or
(iii) a reputable individual of good moral
character. No person may receive custody
of two or more unrelated children unless licensed as a residential facility
pursuant to sections 245A.01 to 245A.16; or
(iv) a county home school, if the county maintains a
home school or enters into an agreement with a county home school; or
(v) a county probation officer for placement in a
group foster home established under the direction of the juvenile court and
licensed pursuant to section 241.021;
(4) transfer legal custody by commitment to the
commissioner of corrections;
(5) if the child is found to have violated a state or
local law or ordinance which has resulted in damage to the person or property
of another, the court may order the child to make reasonable restitution for
such damage;
(6) require the child to pay a fine of up to
$1,000. The court shall order payment of
the fine in accordance with a time payment schedule which shall not impose an
undue financial hardship on the child;
(7) if the child is in need of special treatment and
care for reasons of physical or mental health, the court may order the child's
parent, guardian, or custodian to provide it.
If the parent, guardian, or custodian fails to provide this treatment or
care, the court may order it provided;
(8) if the court believes that it is in the best
interests of the child and of public safety that the driver's license of the
child be canceled until the child's 18th birthday, the court may recommend to
the commissioner of public safety the cancellation of the child's license for
any period up to the child's 18th birthday, and the commissioner is hereby
authorized to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner
of public safety that the child be authorized to apply for a new license, and
the commissioner may so authorize;
(9) if the court believes that it is in the best
interest of the child and of public safety that the child is enrolled in
school, the court may require the child to remain enrolled in a public school
until the child reaches the age of 18 or completes all requirements needed to
graduate from high school. Any child enrolled
in a public school under this clause is subject to the provisions of the Pupil
Fair Dismissal Act in chapter 127;
(10) if the child is petitioned and found by the court
to have committed a controlled substance offense under sections 152.021 to
152.027, the court shall determine whether the child unlawfully possessed or
sold the controlled substance while driving a motor vehicle. If so, the court shall notify the
commissioner of public safety of its determination and order the commissioner
to revoke the child's driver's license for the applicable time period specified
in section 152.0271. If the child does
not have a driver's license or if the child's driver's license is suspended or
revoked at the time of the delinquency finding, the commissioner shall, upon
the child's application for driver's license issuance or reinstatement, delay
the issuance or reinstatement of the child's driver's license for the
applicable time period specified in section 152.0271. Upon receipt of the court's order, the commissioner
is authorized to take the licensing action without a hearing;
(11) if the child is petitioned and found by the court
to have committed or attempted to commit an act in violation of section
609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79;
or 617.23, or another offense arising out of a delinquency petition based on
one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing an assessment for the
court must be experienced in the evaluation and treatment of juvenile sex
offenders. If the assessment indicates
that the child is in need of and amenable to sex offender treatment, the court
shall include in its disposition order a requirement that the child undergo
treatment. Notwithstanding sections
13.384, 13.85, 144.291 to 144.298, 260B.171, or 626.556, the assessor has
access to the following private or confidential data on the child if access is
relevant and necessary for the assessment:
(i) medical data under section 13.384;
(ii) corrections and detention data under section
13.85;
(iii) health records under sections 144.291 to
144.298;
(iv) juvenile court records under section 260B.171;
and
(v) local welfare agency records under section 626.556.
Data disclosed under this clause may be used only for
purposes of the assessment and may not be further disclosed to any other
person, except as authorized by law;
(12) if the child is found delinquent due to the
commission of an offense that would be a felony if committed by an adult, the
court shall make a specific finding on the record regarding the juvenile's
mental health and chemical dependency treatment needs;
(13) any order for a disposition authorized under this
section shall contain written findings of fact to support the disposition
ordered and shall also set forth in writing the following information:
(i) why the best interests of the child are served by
the disposition ordered; and
(ii) what alternative dispositions were considered by the
court and why such dispositions were not appropriate in the instant case.
Sec. 9.
Minnesota Statutes 2008, section 260C.007, subdivision 18, is amended to
read:
Subd. 18. Foster care. "Foster care" means 24 hour
substitute care for children placed away from their parents or guardian and for
whom a responsible social services agency has placement and care
responsibility. "Foster care" includes, but is not limited to,
placement in foster family homes, foster homes of relatives, group homes,
emergency shelters, residential facilities not excluded in this subdivision,
child care institutions, and preadoptive homes.
A child is in foster care under this definition regardless of whether
the facility is licensed and payments are made for the cost of care. Nothing in this definition creates any
authority to place a child in a home or facility that is required to be
licensed which is not licensed. "Foster care" does not include
placement in any of the following facilities: hospitals, inpatient chemical
dependency treatment facilities, facilities that are primarily for delinquent
children, any corrections facility or program within a particular correction's
facility not meeting requirements for Title IV-E facilities as determined by
the commissioner, facilities to which a child is committed under the provision
of chapter 253B, forestry camps, or jails.
Foster care is intended to provide for a child's safety or to access
treatment. Foster care must not be used
as a punishment or consequence for a child's behavior.
Sec. 10.
Minnesota Statutes 2008, section 260C.007, subdivision 25, is amended to
read:
Subd. 25. Parent.
"Parent" means the birth or adoptive parent of a minor.
a person who has a legal parent and child relationship with a child under
section 257.52 which confers or imposes on the person legal rights, privileges,
duties, and obligations. It includes the
mother and child relationship and the father and child relationship. For an Indian child matters
governed by the Indian Child Welfare Act, parent includes any Indian person
who has adopted a child by tribal law or custom, as provided in section
260.755, subdivision 14. For matters
governed by the Indian Child Welfare Act, parent does not include the unwed
father where paternity has not been acknowledged or established. Parent does not mean a putative father of a
child unless the putative father also meets the requirements of section 257.55
or unless the putative father is entitled to notice under section 259.49,
subdivision 1.
Sec. 11. [260C.150] DILIGENT EFFORTS TO IDENTIFY
PARENTS OF A CHILD; PROCEDURES FOR REVIEW; REASONABLE EFFORTS.
Subdivision 1.
Determining parentage. A parent and child relationship may be
established under this chapter according to the requirements of section 257.54
and the Minnesota Rules of Juvenile Protection Procedure.
Subd. 2.
Genetic test results; duty to
cooperate. (a) For purposes
of proceedings under this chapter, a positive test result under section 257.62,
subdivision 5, shall be used by the court to treat a person determined to be
the biological father of a child by a positive test as if the individual were a
presumed father under section 257.55, including giving the biological father
the right to notice of proceedings and the right to be assessed and considered
for day-to-day care of his child under section 260C.212, subdivision 4.
(b) Nothing in this subdivision relieves a person
determined to be the biological father of the child by a positive test from the
duty to cooperate with paternity establishment proceedings under section
260C.212, subdivision 4.
Subd. 3.
Identifying parents of child;
diligent efforts; data. (a)
The responsible social services agency shall make diligent efforts to identify
and locate both parents of any child who is the subject of proceedings under
this chapter. Diligent efforts include:
(1) asking the custodial or known parent to identify
any nonresident parent of the child and provide information that can be used to
verify the nonresident parent's identity including the dates and locations of
marriages and divorces, dates and locations of any legal proceedings regarding
paternity, date and place of the child's birth,
nonresident parent's full legal name, nonresident
parent's date of birth, if the nonresident parent's date of birth is unknown,
an approximate age, the nonresident parent's Social Security number, the
nonresident parent's whereabouts including last known whereabouts, and the whereabouts
of relatives of the nonresident parent.
For purposes of this subdivision, "nonresident parent" means a
parent who does not reside in the same household as the child or did not reside
in the same household as the child at the time the child was removed when the
child is in foster care;
(2) obtaining information that will identify and locate
the nonresident parent from the county and state of Minnesota child support
enforcement information system;
(3) requesting a search of the Minnesota Fathers'
Adoption Registry 30 days after the child's birth; and
(4) using any other reasonable means to identify and
locate the nonresident parent.
(b) The agency may disclose data which is otherwise
private under section 13.46 or 626.556 in order to carry out its duties under
this subdivision.
Subd. 4.
Court inquiry regarding
identities of both parents. At
the first hearing regarding the petition and at any subsequent hearings, as
appropriate, the court shall inquire of the parties whether the identities and whereabouts
of both parents of the child are known and correctly reflected in the petition
filed with the court. If either the
identity or whereabouts of both parents is not known, the court shall make
inquiry on the record of any party or participant present regarding the
identity and whereabouts of the unknown parent of the child.
Subd. 5.
Sworn testimony from known
parent. When the county
attorney requests, the court shall have the custodial or known parent of the
child sworn for the purpose of answering questions relevant to the identity of
a child's other parent in any proceeding under this chapter. The county attorney may request this
information at any point in the proceedings if the custodial or known parent
has not been cooperative in providing information to identify and locate the
nonresident parent or information that may lead to identifying and locating the
nonresident parent. If the child's
custodial or known parent testifies that disclosure of identifying information
regarding the identity of the nonresident parent would cause either the
custodial or known parent, the child, or another family member to be
endangered, the court may make a protective order regarding any information
necessary to protect the custodial or known parent, the child, or family
member. Consistent with section
260C.212, subdivision 4, paragraph (a), clause (4), if the child remains in the
care of the known or custodial parent and the court finds it in the child's
best interests, the court may waive notice to the nonresident parent of the
child if such notice would endanger the known or custodial parent, the child,
or another family member.
Subd. 6.
Court review of diligent
efforts and service. As soon
as possible, but not later than the first review hearing required under the
Minnesota Rules of Juvenile Protection Procedure, unless the responsible social
services agency has identified and located both parents of the child, the
agency shall include in its report to the court required under the Minnesota
Rules of Juvenile Protection Procedure a description of its diligent efforts to
locate any parent who remains unknown or who the agency has been unable to
locate. The court shall determine
whether (1) diligent efforts have been made by the agency to identify both
parents of the child, (2) both parents have been located, and (3) both parents
have been served with the summons or notice of the proceedings required by
section 260C.151 or 260C.152 and the Minnesota Rules of Juvenile Protection
Procedure. If the court determines the
agency has not made diligent efforts to locate both parents of the child or if
both parents of the child have not been served as required by the rules, the
court shall order the agency to take further steps to identify and locate both
parents of the child identifying what further specific efforts are
appropriate. If the summons has not been
served on the parent as required by section 260C.151, subdivision 1, the court
shall order further efforts to complete service.
Subd. 7.
Reasonable efforts findings. When the court finds the agency has made
diligent efforts to identify and locate both parents of the child and one or
both parents remain unknown or cannot be located, the court may find that the
agency has made reasonable efforts under sections 260.012, 260C.178, 260C.201,
and 260C.301, subdivision 8, regarding any parent who remains unknown or cannot
be located. The court may also find that
further reasonable efforts for reunification with the parent who cannot be
identified or located would be futile.
Subd. 8.
Safe place for newborns. Neither the requirements of this
subdivision nor the search requirements of section 259.52, subdivision 2, apply
when the agency is proceeding under section 260C.217. When the agency is proceeding under section
260C.217, the agency has no duty to identify and locate either parent of the
newborn and no notice or service of summons on either parent is required under
section 260C.151 or 260C.152 or the Minnesota Rules of Juvenile Protection
Procedure.
Sec. 12.
Minnesota Statutes 2008, section 260C.151, subdivision 1, is amended to
read:
Subdivision 1. Issuance of summons. After a petition has been filed and unless
the parties hereinafter named voluntarily appear, the court shall set a time
for a hearing and shall issue a summons requiring the child's parents or
legal guardian and any person who has legal custody or control
of the child to appear with the child before the court at a time and
place stated. The summons shall have a
copy of the petition attached, and shall advise the parties of the right to
counsel and of the consequences of failure to obey the summons. The court shall give docket priority to any
child in need of protection or services or neglected and in foster care, that
contains allegations of child abuse over any other case. As used in this subdivision, "child
abuse" has the meaning given it in section 630.36, subdivision 2.
Sec. 13.
Minnesota Statutes 2008, section 260C.151, subdivision 2, is amended to
read:
Subd. 2. Notice; child in need of protection or
services. After a petition has
been filed alleging a child to be in need of protection or services and unless
the persons named in clauses clause (1) to (4) or (2)
voluntarily appear or are summoned according to subdivision 1 appears,
the court shall issue a notice to:
(1) an adjudicated or presumed father of the child;
(2) an alleged (1) a putative father of
the child, including any putative father who has timely registered with the
Minnesota Fathers' Adoption Registry under section 259.52; and
(3) a noncustodial mother; and
(4) (2) a
grandparent with the right to participate under section 260C.163, subdivision
2.
Sec. 14.
Minnesota Statutes 2008, section 260C.151, is amended by adding a
subdivision to read:
Subd. 2a.
Notice; termination of
parental rights or permanency proceeding. (a) After a petition for termination of
parental rights or petition for permanent placement of a child away from a
parent under section 260C.201, subdivision 11, has been filed, the court shall
set a time for the admit or deny hearing as required under the Minnesota Rules
of Juvenile Protection Procedure and shall issue a summons requiring the
parents of the child to appear before the court at the time and place stated. The court shall issue a notice to:
(1) a putative father who has timely registered with
the Minnesota Fathers' Adoption Registry and who is entitled to notice of an
adoption proceeding under section 259.49, subdivision 1; and
(2) a grandparent with the right to participate under
section 260C.163, subdivision 2.
(b) Neither summons nor notice under this section or
section 260C.152 of a termination of parental rights matter or other permanent
placement matter under section 260C.201, subdivision 11, is required to be
given to a putative father who has failed to timely register with the Minnesota
Father's Adoption Registry under section 259.52 unless that individual also
meets the requirements of section 257.55 or, is required to be given notice
under section 259.49, subdivision 1.
When a putative father is not entitled to notice under this clause and
is therefore not given notice, any order terminating his rights does not give
rise to a presumption of parental unfitness under section 260C.301, subdivision
1, paragraph (b), clause (4).
Sec. 15.
Minnesota Statutes 2008, section 260C.151, subdivision 3, is amended to
read:
Subd. 3. Notice of pendency of case. Notice means written notice as provided in
the Minnesota Rules of Juvenile Protection Procedure. The court shall have notice of the
pendency of the case and of the time and place of the hearing served upon a
parent, guardian, or spouse of the child, who has not been summoned as provided
in subdivision 1 as required by subdivision 2. For an Indian child, notice of all proceedings
must comply with the Indian Child Welfare Act of 1978, United States Code,
title 25, section 1901, et seq., and section 260.765.
Sec. 16.
Minnesota Statutes 2008, section 260C.163, is amended by adding a
subdivision to read:
Subd. 12.
Alternative dispute resolution
authorized; family group decision making, parallel protection process and
mediation. The court may
authorize parties and participants in any child in need of protection or
services, permanency, or termination of parental rights petition to participate
in any appropriate form of alternative dispute resolution including family
group decision making, parallel protection process, and mediation when such
alternative dispute resolution is in the best interests of the child. The court may order that a child be included
in the alternative dispute resolution process, as appropriate and in the best
interests of the child. An alternative
dispute resolution process, including family group decision making, parallel
protection process, and mediation, may be used to resolve part or all of a
matter before the court at any point in the proceedings subject to approval by
the court that the resolution is in the best interests of the child.
Sec. 17.
Minnesota Statutes 2008, section 260C.175, subdivision 1, is amended to
read:
Subdivision 1. Immediate custody. No child may be taken into immediate custody
except:
(1) with an order issued by the court in accordance
with the provisions of section 260C.151, subdivision 6, or Laws 1997, chapter
239, article 10, section 10, paragraph (a), clause (3), or 12, paragraph (a),
clause (3), or by a warrant issued in accordance with the provisions of section
260C.154;
(2) by a peace officer:
(i) when a child has run away from a parent, guardian,
or custodian, or when the peace officer reasonably believes the child has run
away from a parent, guardian, or custodian, but only for the purpose of
transporting the child home, to the home of a relative, or to another safe
place; or
(ii) when a child is found in surroundings or
conditions which endanger the child's health or welfare or which such peace
officer reasonably believes will endanger the child's health or welfare. If an Indian child is a resident of a
reservation or is domiciled on a reservation but temporarily located off the
reservation, the taking of the child into custody under this clause shall be
consistent with the Indian Child Welfare Act of 1978, United States Code, title
25, section 1922;
(3) by a peace officer or probation or parole officer
when it is reasonably believed that the child has violated the terms of
probation, parole, or other field supervision; or
(4) by a peace officer or probation officer under
section 260C.143, subdivision 1 or 4.
Sec. 18.
Minnesota Statutes 2008, section 260C.176, subdivision 1, is amended to
read:
Subdivision 1. Notice; release. If a child is taken into custody as provided
in section 260C.175, the parent, guardian, or custodian of the child shall be
notified as soon as possible. Unless
there is reason to believe that the child would endanger self or others, not
return for a court hearing, run away from the child's parent, guardian, or
custodian or otherwise not remain in the care or control of the person to whose
lawful custody the child is released, or that the child's health or welfare
would be immediately endangered, the child shall be released to the custody of
a
parent, guardian, custodian, or other suitable person
relative. When a child is taken into
custody by a peace officer under section 260C.175, subdivision 1, clause (2),
item (ii), release from detention may be authorized by the detaining officer,
the detaining officer's supervisor, or the county attorney, or the
social services agency, provided that the agency has conducted an assessment
and with the family has developed and implemented a safety plan for the child,
if needed. If the social services
agency has determined that the child's health or welfare will not be endangered
and the provision of appropriate and available services will eliminate the need
for placement, the agency shall request authorization for the child's release
from detention. The person to whom
the child is released shall promise to bring the child to the court, if
necessary, at the time the court may direct.
If the person taking the child into custody believes it desirable, that
person may request the parent, guardian, custodian, or other person designated
by the court to sign a written promise to bring the child to court as provided
above. The intentional violation of such
a promise, whether given orally or in writing, shall be punishable as contempt
of court.
The court may require the parent, guardian, custodian,
or other person to whom the child is released, to post any reasonable bail or
bond required by the court which shall be forfeited to the court if the child
does not appear as directed. The court
may also release the child on the child's own promise to appear in juvenile
court.
Sec. 19.
Minnesota Statutes 2008, section 260C.178, subdivision 1, is amended to
read:
Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody under
section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
hold a hearing within 72 hours of the time the child was taken into custody,
excluding Saturdays, Sundays, and holidays, to determine whether the child
should continue in custody.
(b) Unless there is reason to believe that the child
would endanger self or others, not return for a court hearing, run away from
the child's parent, guardian, or custodian or otherwise not remain in the care
or control of the person to whose lawful custody the child is released, or
that the child's health or welfare would be immediately endangered, the child
shall be released to the custody of a parent, guardian, custodian, or other
suitable person, subject to reasonable conditions of release including, but not
limited to, a requirement that the child undergo a chemical use assessment as
provided in section 260C.157, subdivision 1.
(c) If the court determines there is reason to believe
that the child would endanger self or others; not return for a court hearing; run
away from the child's parent, guardian, or custodian or otherwise not remain in
the care or control of the person to whose lawful custody the child is
released; or that the child's health or welfare would be immediately
endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child into
foster care under the legal responsibility of the responsible social services
agency or responsible probation or corrections agency for the purposes of
protective care as that term is used in the juvenile court rules or into the
home of a noncustodial parent and order the noncustodial parent to comply with
any conditions the court determines to be appropriate to the safety and care of
the child, including cooperating with paternity establishment proceedings in
the case of a man who has not been adjudicated the child's father. The court shall not give the responsible
social services legal custody and order a trial home visit at any time prior to
adjudication and disposition under section 260C.201, subdivision 1, paragraph
(a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the
parent or guardian to comply with any conditions the court determines to be
appropriate to meet the safety, health, and welfare of the child.
(d) In determining whether the child's health or
welfare would be immediately endangered, the court shall consider whether the
child would reside with a perpetrator of domestic child abuse.
(e) The court, before determining whether a child
should be placed in or continue in foster care under the protective care of the
responsible agency, shall also make a determination, consistent with section
260.012 as to whether reasonable efforts were made to prevent placement or
whether reasonable efforts to prevent placement are not required. In the case of an Indian child, the court
shall determine whether active efforts, according to the Indian
Child Welfare Act of 1978, United States Code, title
25, section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent
placement when the agency establishes either:
(1) that it has actually provided services or made
efforts in an attempt to prevent the child's removal but that such services or
efforts have not proven sufficient to permit the child to safely remain in the
home; or
(2) that there are no services or other efforts that
could be made at the time of the hearing that could safely permit the child to
remain home or to return home. When
reasonable efforts to prevent placement are required and there are services or
other efforts that could be ordered which would permit the child to safely
return home, the court shall order the child returned to the care of the parent
or guardian and the services or efforts put in place to ensure the child's
safety. When the court makes a prima
facie determination that one of the circumstances under paragraph (g) exists,
the court shall determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian are not required.
If the court finds the social services agency's
preventive or reunification efforts have not been reasonable but further
preventive or reunification efforts could not permit the child to safely remain
at home, the court may nevertheless authorize or continue the removal of the
child.
(f) The court may not order or continue the foster care
placement of the child unless the court makes explicit, individualized findings
that continued custody of the child by the parent or guardian would be contrary
to the welfare of the child and that placement is in the best interest of the
child.
(g) At the emergency removal hearing, or at any time
during the course of the proceeding, and upon notice and request of the county
attorney, the court shall determine whether a petition has been filed stating a
prima facie case that:
(1) the parent has subjected a child to egregious harm
as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child
have been involuntarily terminated;
(3) the child is an abandoned infant under section
260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parents' custodial rights to another child have
been involuntarily transferred to a relative under section 260C.201,
subdivision 11, paragraph (e), clause (1), or a similar law of another
jurisdiction; or
(5) the provision of services or further services for
the purpose of reunification is futile and therefore unreasonable.
(h) When a petition to terminate parental rights is
required under section 260C.301, subdivision 3 or 4, but the county attorney
has determined not to proceed with a termination of parental rights petition,
and has instead filed a petition to transfer permanent legal and physical
custody to a relative under section 260C.201, subdivision 11, the court shall
schedule a permanency hearing within 30 days of the filing of the petition.
(i) If the county attorney has filed a petition under
section 260C.307, the court shall schedule a trial under section 260C.163
within 90 days of the filing of the petition except when the county attorney
determines that the criminal case shall proceed to trial first under section
260C.201, subdivision 3.
(j) If the court determines the child should be ordered
into foster care and the child's parent refuses to give information to the
responsible social services agency regarding the child's father or relatives of
the child, the court may order the parent to disclose the names, addresses,
telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with the requirements of sections
260C.151, 260C.212, and 260C.215.
(k) If a child ordered into foster care has siblings,
whether full, half, or step, who are also ordered into foster care, the court
shall inquire of the responsible social services agency of the efforts to place
the children together as required by section 260C.212, subdivision 2, paragraph
(d), if placement together is in each child's best interests, unless a child is
in placement due solely to the child's own behavior for treatment or
a child is placed with a previously noncustodial parent who is not parent to
all siblings. If the children are not
placed together at the time of the hearing, the court shall inquire at each
subsequent hearing of the agency's reasonable efforts to place the
siblings together, as required under section 260.012. If any sibling is not placed with another
sibling or siblings, the agency must develop a plan for to facilitate
visitation or ongoing contact among the siblings as required under
section 260C.212, subdivision 1, unless it is contrary to the safety or
well-being of any of the siblings to do so.
Sec. 20.
Minnesota Statutes 2008, section 260C.178, subdivision 3, is amended to
read:
Subd. 3. Parental visitation. (a) If a child has been taken into
custody under section 260C.151, subdivision 5, or 260C.175, subdivision 1,
clause (2), item (ii), and the court determines that the child should continue
in foster care, the court shall include in its order reasonable rules for
supervised or unsupervised notice that the responsible social services
agency has a duty to develop and implement a plan for parental visitation
of and contact with the child in the foster care facility that
promotes the parent and child relationship unless it the court finds
that visitation would endanger the child's physical or emotional well-being.
(b) Unless the court finds that visitation would
endanger the child's physical or emotional well-being or unless paragraph (c)
or (d) apply, the plan for parental visitation required under section 260C.212,
subdivision 1, paragraph (c), clause (5), must be developed and implemented by
the agency and the child's parents as soon as possible after the court's order
for the child to continue in foster care.
(c) When a parent has had no or only limited
visitation or contact with the child prior to the court order for the child to
continue in foster care, the court shall not order a visitation plan developed
and implemented until the agency has conducted the assessment of the parent's
ability to provide day-to-day care for the child required under section 260C.212,
subdivision 4.
(d) When it is in the best interests of the child, the
agency may ask the court to defer its duty to develop a visitation plan between
a putative father and the child until the paternity status of the child's
father is adjudicated or until there is a positive test result under section
257.62, subdivision 5.
(e) The visitation plan developed under this
subdivision is the same visitation plan required under section 260C.212,
subdivision 1, paragraph (c), clause (5).
Sec. 21.
Minnesota Statutes 2008, section 260C.201, subdivision 1, is amended to
read:
Subdivision 1. Dispositions. (a) If the court finds that the child is in
need of protection or services or neglected and in foster care, it shall enter
an order making any of the following dispositions of the case:
(1) place the child under the protective supervision
of the responsible social services agency or child-placing agency in the home
of a parent of the child under conditions prescribed by the court directed to
the correction of the child's need for protection or services:
(i) the court may order the child into the home of a
parent who does not otherwise have legal custody of the child, however, an
order under this section does not confer legal custody on that parent;
(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity establishment
proceedings regarding the child in the appropriate jurisdiction as one of the
conditions prescribed by the court for the child to continue in his home; and
(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the noncustodial
and the custodial parent to comply with the requirements of a case plan under
subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a foster care placement for a child
whose custody has been transferred under this subdivision, the agency shall
make an individualized determination of how the placement is in the child's
best interests using the consideration for relatives and the best interest
factors in section 260C.212, subdivision 2, paragraph (b); or
(3) order a trial home visit without modifying the
transfer of legal custody to the responsible social services agency under
clause (2). Trial home visit means the
child is returned to the care of the parent or guardian from whom the child was
removed for a period not to exceed six months.
During the period of the trial home visit, the responsible social
services agency:
(i) shall continue to have legal custody of the child,
which means the agency may see the child in the parent's home, at school, in a
child care facility, or other setting as the agency deems necessary and
appropriate;
(ii) shall continue to have the ability to access information
under section 260C.208;
(iii) shall continue to provide appropriate services
to both the parent and the child during the period of the trial home visit;
(iv) without previous court order or authorization,
may terminate the trial home visit in order to protect the child's health,
safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three
days of the termination of the trial home visit when a visit is terminated by
the responsible social services agency without a court order; and
(vi) shall prepare a report for the court when the
trial home visit is terminated whether by the agency or court order which
describes the child's circumstances during the trial home visit and recommends
appropriate orders, if any, for the court to enter to provide for the child's
safety and stability. In the event a
trial home visit is terminated by the agency by removing the child to foster
care without prior court order or authorization, the court shall conduct a hearing
within ten days of receiving notice of the termination of the trial home visit
by the agency and shall order disposition under this subdivision or conduct a
permanency hearing under subdivision 11 or 11a.
The time period for the hearing may be extended by the court for good
cause shown and if it is in the best interests of the child as long as the
total time the child spends in foster care without a permanency hearing does
not exceed 12 months;
(4) if the child has been adjudicated as a child in
need of protection or services because the child is in need of special services
or care to treat or ameliorate a physical or mental disability or emotional
disturbance as defined in section 245.4871, subdivision 15, the court may order
the child's parent, guardian, or custodian to provide it. The court may order the child's health plan
company to provide mental health services to the child. Section 62Q.535 applies to an order for mental
health services directed to the child's health plan company. If the health plan, parent, guardian, or
custodian fails or is unable to provide this treatment or care, the court may
order it provided. Absent specific
written findings by the court that the child's disability is the result of
abuse or neglect by the child's parent or guardian, the court shall not
transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment
or care. If the court's order for mental
health treatment is based on a diagnosis made by a treatment professional, the
court may order that the diagnosing professional not provide the treatment to
the child if it finds that such an order is in the child's best interests; or
(5) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of the child, the
court may order a child 16 years old or older to be allowed to live
independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after
consultation with the court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection
or services because the child is a runaway or habitual truant, the court may
order any of the following dispositions in addition to or as alternatives to
the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents,
guardian, or custodian;
(2) place the child under the supervision of a
probation officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules for the child's
conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child; or
with the consent of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's management and
supervision;
(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:
(i) a reputable person of good moral character. No person may receive custody of two or more
unrelated children unless licensed to operate a residential program under
sections 245A.01 to 245A.16; or
(ii) a county probation officer for placement in a
group foster home established under the direction of the juvenile court and
licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to
$100. The court shall order payment of
the fine in a manner that will not impose undue financial hardship upon the
child;
(5) require the child to participate in a community
service project;
(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order participation by the
child in a drug awareness program or an inpatient or outpatient chemical
dependency treatment program;
(7) if the court believes that it is in the best
interests of the child or of public safety that the child's driver's license or
instruction permit be canceled, the court may order the commissioner of public
safety to cancel the child's license or permit for any period up to the child's
18th birthday. If the child does not have
a driver's license or permit, the court may order a denial of driving
privileges for any period up to the child's 18th birthday. The court shall forward an order issued under
this clause to the commissioner, who shall cancel the license or permit or deny
driving privileges without a hearing for the period specified by the
court. At any time before the expiration
of the period of cancellation or denial, the court may, for good cause, order
the commissioner of public safety to allow the child to apply for a license or
permit, and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian
deliver the child to school at the beginning of each school day for a period of
time specified by the court; or
(9) require the child to perform any other activities
or participate in any other treatment programs deemed appropriate by the court.
To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child is in need of
protection or services or neglected and in foster care, but in no event more
than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under
eight years of age at the time the petition was filed,
the disposition order must be entered within ten days of the finding and the
court may not grant a delay unless good cause is shown and the court finds the
best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child is a habitual
truant and truancy procedures involving the child were previously dealt with by
a school attendance review board or county attorney mediation program under
section 260A.06 or 260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any period up to the
child's 18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic abuse and been
ordered excluded from the child's parent's home, the court shall dismiss
jurisdiction if the court, at any time, finds the parent is able or willing to
provide an alternative safe living arrangement for the child, as defined in
Laws 1997, chapter 239, article 10, section 2.
(e) When a parent has complied with a case plan
ordered under subdivision 6 and the child is in the care of the parent, the
court may order the responsible social services agency to monitor the parent's
continued ability to maintain the child safely in the home under such terms and
conditions as the court determines appropriate under the circumstances.
Sec. 22.
Minnesota Statutes 2008, section 260C.201, subdivision 5, is amended to
read:
Subd. 5. Visitation. If the court orders that the child be
placed outside of the child's home or present residence into foster care,
it shall set reasonable rules for the court shall review and either
modify or approve the agency's plan for supervised or unsupervised parental
visitation that contribute contributes to the objectives of the court
order and court-ordered case plan, the maintenance of the familial
relationship, and that meets the requirements of section 260C.212,
subdivision 1, paragraph (c), clause (5).
No parent may be denied visitation unless the court finds at the
disposition hearing that the visitation would act to prevent the achievement
of the order's objectives or that it would endanger the child's physical or
emotional well-being, is not in the child's best interests, or is not
required under section 260C.178, subdivision 3, paragraph (c) or (d). The court shall set reasonable rules review
and either modify or approve the agency plan for visitation for any
relatives as defined in section 260C.007, subdivision 27, and with siblings of
the child, if visitation is consistent with the best interests of the child.
Sec. 23.
Minnesota Statutes 2008, section 260C.212, subdivision 1, is amended to
read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be
prepared within 30 days after any child is placed in foster care by court order
or a voluntary placement agreement between the responsible social services
agency and the child's parent pursuant to subdivision 8 or chapter 260D.
(b) An out-of-home placement plan means a written
document which is prepared by the responsible social services agency jointly
with the parent or parents or guardian of the child and in consultation with
the child's guardian ad litem, the child's tribe, if the child is an Indian
child, the child's foster parent or representative of the residential facility,
and, where appropriate, the child. For a
child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental
health treatment provider. As
appropriate, the plan shall be:
(1) submitted to the court for approval under section
260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified
after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision
6; and
(3) signed by the parent or parents or guardian of the
child, the child's guardian ad litem, a representative of the child's tribe,
the responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained
to all persons involved in its implementation, including the child who has
signed the plan, and shall set forth:
(1) a description of the residential facility including
how the out-of-home placement plan is designed to achieve a safe placement for
the child in the least restrictive, most family-like, setting available which
is in close proximity to the home of the parent or parents or guardian of the
child when the case plan goal is reunification, and how the placement is
consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the
child in a residential facility, and when reunification is the plan, a
description of the problems or conditions in the home of the parent or parents
which necessitated removal of the child from home and the changes the parent or
parents must make in order for the child to safely return home;
(3) a description of the services offered and provided
to prevent removal of the child from the home and to reunify the family
including:
(i) the specific actions to be taken by the parent or
parents of the child to eliminate or correct the problems or conditions
identified in clause (2), and the time period during which the actions are to
be taken; and
(ii) the reasonable efforts, or in the case of an
Indian child, active efforts to be made to achieve a safe and stable home for
the child including social and other supportive services to be provided or
offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential
facility;
(4) a description of any services or resources that
were requested by the child or the child's parent, guardian, foster parent, or
custodian since the date of the child's placement in the residential facility,
and whether those services or resources were provided and if not, the basis for
the denial of the services or resources;
(5) the visitation plan for the parent or parents or
guardian, other relatives as defined in section 260C.007, subdivision 27, and
siblings of the child if the siblings are not placed together in foster care,
and whether visitation is consistent with the best interest of the child,
during the period the child is in foster care;
(6) documentation of steps to finalize the adoption or
legal guardianship of the child if the court has issued an order terminating
the rights of both parents of the child or of the only known, living parent of
the child. At a minimum, the
documentation must include child-specific recruitment efforts such as relative
search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this documentation shall be
provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);
(7) efforts to ensure the child's educational
stability while in foster care, including:
(i) efforts to ensure that the child in placement
remains in the same school in which the child was enrolled prior to placement,
including efforts to work with the local education authorities to ensure the
child's educational stability; or
(ii) if it is not in the child's best interest to
remain in the same school that the child was enrolled in prior to placement,
efforts to ensure immediate and appropriate enrollment for the child in a new
school;
(8) the health and educational
records of the child including the most recent information available regarding:
(i) the names and addresses of the child's health
and educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that a statement about how the
child's placement in foster care takes into account proximity to the school in
which the child is enrolled at the time of placement; and
(v) a record of the child's immunizations;
(vi) the child's known medical problems, including any
known communicable diseases, as defined in section 144.4172, subdivision 2;
(vii) the child's medications; and
(viii) any other relevant health and education
information;
(v) any other relevant educational information;
(8) (9) the efforts by the local
agency to ensure the oversight and continuity of health care services for the
foster child, including:
(i) the plan to schedule the child's initial health
screens;
(ii) how the child's known medical problems and
identified needs from the screens, including any known communicable diseases,
as defined in section 144.4172, subdivision 2, will be monitored and treated
while the child is in foster care;
(iii) how the child's medical information will be
updated and shared, including the child's immunizations;
(iv) who is responsible to coordinate and respond to
the child's health care needs, including the role of the parent, the agency,
and the foster parent;
(v) who is responsible for oversight of the child's prescription
medications;
(vi) how physicians or other appropriate medical and
nonmedical professionals will be consulted and involved in assessing the health
and well-being of the child and determine the appropriate medical treatment for
the child; and
(vii) the responsibility to ensure that the child has
access to medical care through either medical insurance or medical assistance;
(10) the health records of the child including
information available regarding:
(i) the name and addresses of the child's health care
and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including
any known communicable diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as
the child's eligibility for medical insurance or medical assistance;
(11) an independent living plan for a
child age 16 or older who is in placement as a result of a permanency
disposition. The plan should include,
but not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate,
assisting the child in obtaining a driver's license;
(iv) money management;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with
the child's family and community; and
(9) (12) for a
child in voluntary foster care for treatment under chapter 260D, diagnostic and
assessment information, specific services relating to meeting the mental health
care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child
each shall have the right to legal counsel in the preparation of the case plan
and shall be informed of the right at the time of placement of the child. The child shall also have the right to a
guardian ad litem. If unable to employ
counsel from their own resources, the court shall appoint counsel upon the
request of the parent or parents or the child or the child's legal
guardian. The parent or parents may also
receive assistance from any person or social services agency in preparation of
the case plan.
After the plan has been agreed upon by the parties
involved or approved or ordered by the court, the foster parents shall be fully
informed of the provisions of the case plan and shall be provided a copy of the
plan.
Upon discharge from foster care, the parent, adoptive
parent, or permanent legal and physical custodian, as appropriate, and the
child, if appropriate, must be provided with a current copy of the child's
health and education record.
Sec. 24.
Minnesota Statutes 2008, section 260C.212, subdivision 2, is amended to
read:
Subd. 2. Placement decisions based on best interest
of the child. (a) The policy of the
state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how
the selected placement will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or
parents, in a family foster home selected by considering placement with
relatives and important friends in the following order:
(1) with an individual who is related to the child by
blood, marriage, or adoption; or
(2) with an individual who is an important friend with
whom the child has resided or had significant contact.
(b) Among the factors the agency shall consider in
determining the needs of the child are the following:
(1) the child's current functioning and behaviors;
(2) the medical, educational, and developmental needs
of the child;
(3) the child's history and past experience;
(4) the child's religious and cultural needs;
(5) the child's connection with a community, school,
and church faith community;
(6) the child's interests and talents;
(7) the child's relationship to current caretakers,
parents, siblings, and relatives; and
(8) the reasonable preference of the child, if the
court, or the child-placing agency in the case of a voluntary placement, deems
the child to be of sufficient age to express preferences.
(c) Placement of a child cannot be delayed or denied
based on race, color, or national origin of the foster parent or the child.
(d) Siblings should be placed together for foster care
and adoption at the earliest possible time unless it is determined not to be
in the best interests of a sibling documented that a joint placement
would be contrary to the safety or well-being of any of the siblings or
unless it is not possible after appropriate reasonable efforts by
the responsible social services agency. In
cases where siblings cannot be placed together, the agency is required to
provide frequent visitation or other ongoing interaction between siblings
unless the agency documents that the interaction would be contrary to the
safety or well-being of any of the siblings.
(e) Except for emergency placement as provided for in
section 245A.035, a completed background study is required under section
245C.08 before the approval of a foster placement in a related or unrelated
home.
Sec. 25.
Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to
read:
Subd. 4a. Monthly caseworker visits. (a) Every child in foster care or on a trial
home visit shall be visited by the child's caseworker on a monthly basis, with
the majority of visits occurring in the child's residence. For the purposes of this section, the
following definitions apply:
(1) "visit" is defined as a face-to-face
contact between a child and the child's caseworker;
(2) "visited on a monthly basis" is defined
as at least one visit per calendar month;
(3) "the child's caseworker" is defined as
the person who has responsibility for managing the child's foster care
placement case as assigned by the responsible social service agency; and
(4) "the child's residence" is defined as
the home where the child is residing, and can include the foster home, child
care institution, or the home from which the child was removed if the child is
on a trial home visit.
(b) Caseworker visits shall be of sufficient substance
and duration to address issues pertinent to case planning and service delivery
to ensure the safety, permanency, and well-being of the child, including
whether the child is enrolled and attending school as required by law.
Sec. 26.
Minnesota Statutes 2008, section 260C.212, subdivision 5, is amended to
read:
Subd. 5. Relative search. (a) In implementing the requirement that
the responsible social services agency must The responsible social
services agency shall exercise due diligence to identify and notify adult
relatives prior to placement or within 30 days after the child's removal from
the parent. The county agency shall consider
placement with a relative under subdivision 2 without delay after
identifying the need for placement of the child in foster care, the responsible
social services agency shall identify relatives of the child and notify them of
the need for a foster care home for the child and of the possibility of the
need for a permanent out-of-home placement of the child. The
relative search required by this section shall be
reasonable and comprehensive in scope and may last up to six months or until a
fit and willing relative is identified.
The relative search required by this section shall include both maternal
relatives of the child and paternal relatives of the child, if paternity is
adjudicated. The relatives must be
notified that they must:
(1) of the need for a foster home for the child, the
option to become a placement resource for the child, and the possibility of the
need for a permanent placement for the child;
(2) of their responsibility to keep the
responsible social services agency informed of their current address in order
to receive notice in the event that a permanent placement is being
sought for the child. A relative who
fails to provide a current address to the responsible social services agency
forfeits the right to notice of the possibility of permanent placement. A decision by a relative not to be a
placement resource at the beginning of the case shall not affect whether the
relative is considered for placement of the child with that relative later.;
(3) that the relative may participate in the care and
planning for the child, including that the opportunity for such participation
may be lost by failing to respond to the notice; and
(4) of the family foster care licensing requirements,
including how to complete an application and how to request a variance from
licensing standards that do not present a safety or health risk to the child in
the home under section 245A.04 and supports that are available for relatives
and children who reside in a family foster home.
(b) A responsible social services agency may disclose
private or confidential data, as defined in section 13.02, to relatives of the
child for the purpose of locating a suitable placement. The agency shall disclose only data that is
necessary to facilitate possible placement with relatives. If the child's parent refuses to give the
responsible social services agency information sufficient to identify the
maternal and paternal relatives of the child, the agency shall ask the juvenile
court to order the parent to provide the necessary information. If a parent makes an explicit request that
relatives or a specific relative not be contacted or considered for placement,
the agency shall bring the parent's request to the attention of the court to
determine whether the parent's request is consistent with the best interests of
the child and the agency shall not contact relatives or a specific relative
unless authorized to do so by the juvenile court.
(c) When the placing agency determines that a
permanent placement hearing is necessary because there is a likelihood that the
child will not return to a parent's care, the agency may send the notice
provided in paragraph (d), may ask the court to modify the requirements of the
agency under this paragraph, or may ask the court to completely relieve the
agency of the requirements of this paragraph.
The relative notification requirements of this paragraph do not apply
when the child is placed with an appropriate relative or a foster home that has
committed to being the permanent legal placement for the child and the agency
approves of that foster home for permanent placement of the child. The actions ordered by the court under this
section must be consistent with the best interests, safety, and welfare of the
child.
(d) Unless required under the Indian Child Welfare Act
or relieved of this duty by the court under paragraph (c), when the agency determines
that it is necessary to prepare for the permanent placement determination
hearing, or in anticipation of filing a termination of parental rights
petition, the agency shall send notice to the relatives, any adult with whom
the child is currently residing, any adult with whom the child has resided for
one year or longer in the past, and any adults who have maintained a
relationship or exercised visitation with the child as identified in the agency
case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the
notice may indicate to the agency their interest in providing a permanent
home. The notice must state that within
30 days of receipt of the notice an individual receiving the notice must indicate
to the agency the individual's interest in providing a permanent home for the
child or that the individual may lose the opportunity to be considered for a
permanent placement.
(e) The Department of Human Services shall develop a
best practices guide and specialized staff training to assist the responsible
social services agency in performing and complying with the relative search
requirements under this subdivision.
Sec. 27.
Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to
read:
Subd. 7. Administrative or court review of
placements. (a) There shall be an
administrative review of the out-of-home placement plan of each child placed in
foster care no later than 180 days after the initial placement of the child in
foster care and at least every six months thereafter if the child is not
returned to the home of the parent or parents within that time. The out-of-home placement plan must be
monitored and updated at each administrative review. The administrative review shall be conducted
by the responsible social services agency using a panel of appropriate persons
at least one of whom is not responsible for the case management of, or the
delivery of services to, either the child or the parents who are the subject of
the review. The administrative review
shall be open to participation by the parent or guardian of the child and the
child, as appropriate.
(b) As an alternative to the administrative review
required in paragraph (a), the court may, as part of any hearing required under
the Minnesota Rules of Juvenile Protection Procedure, conduct a hearing to
monitor and update the out-of-home placement plan pursuant to the procedure and
standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the out-of-home
placement plan shall give parties to the proceeding notice of the request to
review and update the out-of-home placement plan. A court review conducted pursuant to section
260C.193; 260C.201, subdivision 1 or 11; 260C.141, subdivision 2 or 2a, clause
(2); or 260C.317 shall satisfy the requirement for the review so long as the
other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and
relevant court orders, the responsible social services agency or the court shall
review:
(1) the safety, permanency needs, and well-being of
the child;
(2) the continuing necessity for and appropriateness
of the placement;
(3) the extent of compliance with the out-of-home
placement plan;
(4) the extent of progress which has been made toward
alleviating or mitigating the causes necessitating placement in foster care;
(5) the projected date by which the child may be
returned to and safely maintained in the home or placed permanently away from
the care of the parent or parents or guardian; and
(6) the appropriateness of the services provided to
the child.
(d) When a child is age 16 or older, in addition to
any administrative review conducted by the agency, at the review required under
section 260C.201, subdivision 11, paragraph (d), clause (3), item (iii); or
260C.317, subdivision 3, clause (3), the court shall review the independent
living plan required under subdivision 1, paragraph (c), clause (8), and the
provision of services to the child related to the well-being of the child as
the child prepares to leave foster care.
The review shall include the actual plans related to each item in the
plan necessary to the child's future safety and well-being when the child is no
longer in foster care.
(1) At the court review, the responsible social
services agency shall establish that it has given the notice required under
Minnesota Rules, part 9560.0060, regarding the right to continued access to
services for certain children in foster care past age 18 and of the right to
appeal a denial of social services under section 256.245. If the agency is unable to establish that the
notice, including the right to appeal a denial of social services, has been
given, the court shall require the agency to give it.
(2) The court shall make findings regarding progress
toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or
its equivalent;
(ii) the child has completed a driver's education
course or has demonstrated the ability to use public transportation in the
child's community;
(iii) the child is employed or enrolled in
postsecondary education;
(iv) the child has applied for and obtained
postsecondary education financial aid for which the child is eligible;
(v) the child has health care coverage and health care
providers to meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability
income assistance for which the child is eligible;
(vii) the child has obtained affordable housing with
necessary supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for
the first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing
plan, which does not include a homeless shelter, if the original housing plan
is unworkable;
(x) the child, if male, has registered for the
Selective Service; and
(xi) the child has a permanent connection to a caring
adult.
(3) The court shall ensure that the responsible agency
in conjunction with the placement provider assists the child in obtaining the
following documents prior to the child's leaving foster care: a Social Security card; the child's birth
certificate; a state identification card or driver's license, green card, or
school visa; the child's school, medical, and dental records; a contact list of
the child's medical, dental, and mental health providers; and contact
information for the child's siblings, if the siblings are in foster care.
(e) When a child is age 17 or older, during the 90-day
period immediately prior to the date the child is expected to be discharged
from foster care, the responsible social services agency is required to provide
the child with assistance and support in developing a transition plan that is
personalized at the direction of the child.
The transition plan must be as detailed as the child may elect and
include specific options on housing, health insurance, education, local
opportunities for mentors and continuing support services, and work force
supports and employment services.
Sec. 28.
Minnesota Statutes 2008, section 260D.02, subdivision 5, is amended to
read:
Subd. 5. Child in voluntary foster care for
treatment. "Child in voluntary
foster care for treatment" means a child who is emotionally disturbed or
developmentally disabled or has a related condition and is in foster care under
a voluntary foster care agreement between the child's parent and the agency due
to concurrence between the agency and the parent that the child's level of
care requires placement in foster care either when it is determined that
foster care is medically necessary:
(1) due to a determination by the agency's screening
team based on its review of the diagnostic and functional assessment under section
245.4885; or
(2) due to a determination by the agency's screening
team under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016.
A child is not in voluntary foster care for treatment
under this chapter when there is a current determination under section 626.556
that the child requires child protective services or when the child is in
foster care for any reason other than the child's emotional or developmental
disability or related condition.
Sec. 29.
Minnesota Statutes 2008, section 260D.03, subdivision 1, is amended to
read:
Subdivision 1. Voluntary foster care. When the agency's screening team, based upon
the diagnostic and functional assessment under section 245.4885 or medical
necessity screenings under section 256B.092, subdivision 7, determines
the child's need for treatment due to emotional disturbance or developmental
disability or related condition requires foster care placement of the child, a
voluntary foster care agreement between the child's parent and the agency gives
the agency legal authority to place the child in foster care.
Sec. 30.
Minnesota Statutes 2008, section 484.76, subdivision 2, is amended to
read:
Subd. 2. Scope.
Alternative dispute resolution methods provided for under the rules must
include arbitration, private trials, neutral expert fact-finding, mediation,
minitrials, consensual special magistrates including retired judges and
qualified attorneys to serve as special magistrates for binding proceedings
with a right of appeal, and any other methods developed by the Supreme
Court. The methods provided must be
nonbinding unless otherwise agreed to in a valid agreement between the
parties. Alternative dispute resolution
may not be required in guardianship, conservatorship, or civil commitment matters;
proceedings in the juvenile court under chapter 260; or in matters
arising under section 144.651, 144.652, 518B.01, or 626.557."
Delete the title and insert:
"A bill for an act relating to human services;
changing child welfare provisions; amending Minnesota Statutes 2008, sections
13.46, subdivision 2; 256.01, subdivision 14b; 259.52, subdivisions 2, 6;
260.012; 260.93; 260B.007, subdivision 7; 260B.157, subdivision 3; 260B.198,
subdivision 1; 260C.007, subdivisions 18, 25; 260C.151, subdivisions 1, 2, 3,
by adding a subdivision; 260C.163, by adding a subdivision; 260C.175,
subdivision 1; 260C.176, subdivision 1; 260C.178, subdivisions 1, 3; 260C.201,
subdivisions 1, 3, 5, 11; 260C.209, subdivision 3; 260C.212, subdivisions 1, 2,
4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03, subdivision 1; 260D.07; 484.76,
subdivision 2; Laws 2008, chapter 361, article 6, section 58; proposing coding
for new law in Minnesota Statutes, chapter 260C; repealing Minnesota Statutes
2008, section 260C.209, subdivision 4."
The motion prevailed and the amendment was
adopted.
Hosch and
Thissen moved to amend S. F. No. 1503, the first engrossment, as amended, as
follows:
Page 44,
after line 20, insert:
"Sec.
5. Minnesota Statutes 2008, section
259.67, subdivision 1, is amended to read:
Subdivision
1. Adoption
assistance. (a) The commissioner of
human services shall enter into an adoption assistance agreement with an
adoptive parent or parents who adopt a child who meets the eligibility
requirements under title IV-E of the Social Security Act, United States Code,
title 42, sections 670 to 679a, or who otherwise meets the requirements in
subdivision 4 of an eligible child.
To be eligible for adoption assistance a child must:
(1) be
determined to be a child with special needs, according to subdivision 4; and
(2)(i) meet
the criteria outlined in section 473 of the Social Security Act; or
(ii) have
had foster care payments paid on the child's behalf while in out-of-home
placement through the county or tribe, and be either under the guardianship of
the commissioner or under the jurisdiction of a Minnesota tribe, with adoption
in accordance with tribal law as the child's documented permanency plan.
(b)
Notwithstanding any provision to the contrary, no child on whose behalf federal
title IV-E adoption assistance payments are to be made may be placed in an
adoptive home unless a criminal background check under section 259.41,
subdivision 3, paragraph (b), has been completed on the prospective adoptive
parents and no disqualifying condition exists.
A disqualifying condition exists if:
(1) a
criminal background check reveals a felony conviction for child abuse; for
spousal abuse; for a crime against children (including child pornography); or
for a crime involving violence, including rape, sexual assault, or homicide,
but not including other physical assault or battery; or
(2) a
criminal background check reveals a felony conviction within the past five
years for physical assault, battery, or a drug-related offense.
(c) A child
must be a citizen of the United States or otherwise eligible for federal public
benefits according to the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended, in order to be eligible for title IV-E
adoption assistance. A child must be a
citizen of the United States or meet the qualified alien requirements as
defined in the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, as amended, in order to be eligible for state-funded adoption
assistance.
(d) Subject
to commissioner approval, the legally responsible agency shall make a title
IV-E adoption assistance eligibility determination for each child. Children who meet all eligibility criteria except
those specific to title IV-E adoption assistance shall receive adoption
assistance paid through state funds.
(e)
Payments for adoption assistance shall not be made to a biological parent of
the child who later adopts the same child.
Direct placement adoptions under section 259.47 or the equivalent in
tribal code are not eligible for state-funded adoption assistance. A child who is adopted by the child's legal
custodian or guardian is not eligible for state-funded adoption
assistance. A child who is adopted by
the child's legal custodian or guardian may be eligible for title IV-E adoption
assistance if all required eligibility factors are met. International adoptions are not eligible for
adoption assistance unless the adopted child has been placed into foster care
through the public child welfare system subsequent to the failure of the
adoption and all required eligibility factors are met.
Sec.
6. Minnesota Statutes 2008, section
259.67, subdivision 2, is amended to read:
Subd.
2. Adoption
assistance agreement. The placing
agency shall certify a child as eligible for adoption assistance according to
rules promulgated by the commissioner.
The placing agency shall not certify a child who remains under the
jurisdiction of the sending agency pursuant to section 260.851, article 5, for
state-funded adoption assistance when Minnesota is the receiving state. Not later than 30 days after a parent or
parents are found and approved for adoptive placement of a child certified as
eligible for adoption assistance, and before the final decree of adoption is
issued, a written agreement must be entered into by the commissioner, the
adoptive parent or parents, and the placing agency. The written agreement must be fully completed
by the placing agency and in the form prescribed by the commissioner and must
set forth the responsibilities of all parties, the anticipated duration of the
adoption assistance payments, agreement, the nature and amount of any
payment, services, and assistance to be provided under such agreement, the
child's eligibility for Medicaid services, eligibility for reimbursement of
nonrecurring expenses associated with adopting the child, to the extent that
total cost does not exceed $2,000 per child, provisions for modification of the
terms of the agreement, the effective date of the agreement, that the agreement
must remain in effect regardless of the state of which the adoptive parents are
residents at any given time, and the
payment terms. The agreement is
effective the date of the adoption decree. The adoption assistance
agreement
shall be subject to the commissioner's approval, which must be granted or
denied not later than 15 days after the agreement is entered. The agreement must be negotiated with the
adoptive parent or parents. A monthly
payment is provided as part of the adoption assistance agreement to support the
care of a child who has manifested special needs.
The amount
of adoption assistance is subject to the availability of state and federal
funds and shall be determined through agreement with the adoptive
parents. The agreement shall take into
consideration the circumstances of the adopting parent or parents, the needs of
the child being adopted and may provide ongoing monthly assistance, supplemental
maintenance expenses related to the child's special needs, nonmedical expenses
periodically necessary for purchase of services, items, or equipment related to
the special needs, and medical expenses.
The placing agency or the adoptive parent or parents shall provide
written documentation to support the need for adoption assistance
payments. The commissioner may require
periodic reevaluation of adoption assistance payments. The amount of ongoing monthly adoption
assistance granted may in no case exceed that which would be allowable for
the child under foster family care the payment schedule outlined in
subdivision 2a, and, for state-funded cases, is subject to the
availability of state and federal funds.
Sec. 7. Minnesota Statutes 2008, section 259.67, is
amended by adding a subdivision to read:
Subd. 2a. Benefits
and payments. (a) Eligibility
for medical assistance for children receiving adoption assistance is as
specified in section 256B.055.
(b) Basic
maintenance payments are available for all children eligible for adoption
assistance except those eligible solely based on high risk of developing a
disability. Basic maintenance payments
must be made according to the following schedule:
Birth through age five up
to $247 per month
Age six through age 11 up
to $277 per month
Age 12 through age 14 up to $307 per
month
Age 15 and older up
to $337 per month
A child must receive the maximum payment amount for the
child's age, unless a lesser amount is negotiated with and agreed to by the
prospective adoptive parent.
(c) Supplemental adoption assistance needs payments, in
addition to basic maintenance payments, are available for a child whose
disability necessitates care, supervision, and structure beyond that ordinarily
provided in a family setting to persons of the same age. These payments are related to the severity of
a child's disability and the level of parenting required to care for the child,
and must be made according to the following schedule:
Level
I up
to $150 per month
Level
II up
to $275 per month
Level
III up
to $400 per month
Level
IV up
to $500 per month
A child's level shall be assessed on a supplemental
maintenance needs assessment form prescribed by the commissioner. A child must receive the maximum payment
amount for the child's assessed level, unless a lesser amount is negotiated
with and agreed to by the prospective adoptive parent.
Sec. 8. Minnesota
Statutes 2008, section 259.67, subdivision 3, is amended to read:
Subd. 3. Modification, or termination,
or extension of adoption assistance agreement. The adoption assistance agreement shall
continue in accordance with its terms as long as the need for adoption
assistance continues and the adopted child is the legal or financial dependent
of the adoptive parent or parents or guardian or conservator and is under 18
years of age. If the commissioner
determines that the adoptive parents are no longer
legally responsible for support of the child or are no longer
providing financial support to the child, the agreement shall terminate. Under certain limited circumstances, the
adoption assistance agreement may be extended to age 22 as allowed by rules
adopted by the commissioner. An
application for extension must be completed and submitted by the adoptive
parent prior to the date the child attains age 18. The application for extension must be made
according to policies and procedures prescribed by the commissioner, including
documentation of eligibility, and on forms prescribed by the commissioner. Termination or modification of the adoption
assistance agreement may be requested by the adoptive parents or subsequent
guardian or conservator at any time. When
an adoptive parent requests modification of the adoption assistance agreement,
a reassessment of the child must be completed consistent with subdivision
2a. If the reassessment indicates that
the child's level has changed or, for a high-risk child, that the potential
disability upon which eligibility for the agreement was based has manifested
itself, the agreement shall be renegotiated to include an appropriate payment,
consistent with subdivision 2a. The
agreement must not be modified unless the commissioner and the adoptive parent
mutually agree to the changes. When
the commissioner determines that a child is eligible for extension of title
IV-E adoption assistance under Title IV-E section 473 of the
Social Security Act, United States Code, title 42, sections 670 to 679a,
the commissioner shall modify the adoption assistance agreement
require the adoptive parents to submit the necessary documentation in order
to obtain the funds under that act.
Sec. 9. Minnesota
Statutes 2008, section 259.67, subdivision 4, is amended to read:
Subd. 4. Eligibility conditions Special
needs determination. (a) The
placing agency shall use the AFDC requirements as specified in federal law as
of July 16, 1996, when determining the child's eligibility for adoption
assistance under title IV-E of the Social Security Act. If the child does not qualify, the placing
agency shall certify a child as eligible for state funded adoption assistance
only A child is considered a child with special needs under this section
if the following criteria are met:
(1) Due to the child's characteristics or circumstances it
would be difficult to provide the child an adoptive home without adoption
assistance.
(2)(i) A placement agency has made reasonable efforts to
place the child for adoption without adoption assistance, but has been
unsuccessful;
(ii) the child's licensed foster parents desire to adopt the
child and it is determined by the placing agency that the adoption is in the
best interest of the child; or
(iii) the child's relative, as defined in section 260C.007,
subdivision 27, desires to adopt the child, and it is determined by the placing
agency that the adoption is in the best interest of the child; or
(iv) for a non-Indian child, the family that previously
adopted a child of the same mother or father desires to adopt the child, and it
is determined by the placing agency that the adoption is in the best interest
of the child.
(3)(i) The child is a ward of the commissioner or a tribal
social service agency of Minnesota recognized by the Secretary of the Interior;
or (ii) the child will be adopted according to tribal law without a termination
of parental rights or relinquishment, provided that the tribe has documented
the valid reason why the child cannot or should not be returned to the home of
the child's parent. The placing agency
shall not certify a child who remains under the jurisdiction of the sending
agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state. A child who is adopted by the child's legal
custodian or guardian shall not be eligible for state-funded adoption
assistance. There has been a determination that the child cannot or
should not be returned to the home of the child's parents as evidenced by:
(i) a court-ordered termination of parental rights;
(ii) a petition to terminate parental rights;
(iii) a consent to adopt accepted by the court under sections
260C.201, subdivision 11, and 259.24;
(iv) in circumstances where tribal law permits the child to be
adopted without a termination of parental rights, a judicial determination by
tribal court indicating the valid reason why the child cannot or should not
return home;
(v) a voluntary relinquishment under section 259.25 or 259.47
or, if relinquishment occurred in another state, the applicable laws in that
state; or
(vi) the death of the legal parent.
(b) The characteristics or circumstances that may be
considered in determining whether a child meets the requirements of paragraph
(a), clause (1), or section 473(c)(2)(A) of the Social Security Act, are the
following:
(1) The child is a member of a sibling group to be placed
as one unit in which at least one sibling is older than 15 months of age or is
described in clause (2) or (3) adopted at the same time by the same
parent.
(2) The child has been determined by the Social Security
Administration to meet all medical or disability requirements of title XVI of
the Social Security Act with respect to eligibility for Supplemental Security
Income benefits.
(2) (3) The child has documented physical,
mental, emotional, or behavioral disabilities not covered under
clause (2).
(3) (4) The child has a high risk of
developing physical, mental, emotional, or behavioral disabilities.
(4) (5) The child is five years of age or
older.
(6) The child is placed for adoption in the home of a parent
who previously adopted another child born of the same mother or father for whom
they receive adoption assistance.
(c) When a child's eligibility for adoption assistance is
based upon the high risk of developing physical, mental, emotional, or
behavioral disabilities, payments shall not be made under the adoption
assistance agreement unless and until the potential disability upon which
eligibility for the agreement was based manifests itself as documented by
an appropriate health care professional.
(d) Documentation must be provided to verify that a child
meets the special needs criteria in this subdivision. Documentation is limited to evidence deemed
appropriate by the commissioner.
Sec. 10. Minnesota
Statutes 2008, section 259.67, subdivision 5, is amended to read:
Subd. 5. Determination of residency. A child placed in the state from another
state or a tribe outside of the state is not eligible for state-funded adoption
assistance through the state. A child
placed in the state from another state or a tribe outside of the state may be
eligible for title IV-E adoption assistance through the state of Minnesota if
all eligibility factors are met and there is no state agency that has responsibility
for placement and care of the child. A
child who is a resident of any county in this state when eligibility for
adoption assistance is certified shall remain eligible and receive adoption
assistance in accordance with the terms of the adoption assistance agreement,
regardless of the domicile or residence of the adopting parents at the time of
application for adoptive placement, legal decree of adoption, or thereafter.
Sec. 11. Minnesota
Statutes 2008, section 259.67, subdivision 7, is amended to read:
Subd. 7. Reimbursement of costs. (a) Subject to rules of the commissioner, and
the provisions of this subdivision a child-placing agency licensed in Minnesota
or any other state, or local or tribal social services agency shall receive a
reimbursement from the commissioner equal to 100 percent of the reasonable and
appropriate cost of
providing child-specific adoption services. Adoption services under this subdivision may
include adoptive family child-specific recruitment, counseling,
and special training when needed, and home studies for
prospective adoptive parents, and placement services.
(b) An eligible child must have a goal of adoption, which may
include an adoption in accordance with tribal law, and meet one of the
following criteria:
(1) is a ward of the commissioner of human services or a ward
of tribal court pursuant to section 260.755, subdivision 20, who meets one of
the criteria in subdivision 4, paragraph (a), clause (3), and one of the
criteria in subdivision 4, paragraph (b), clause (1), (2), or (3);
or
(2) is under the guardianship of a Minnesota-licensed
child-placing agency who meets one of the criteria in subdivision 4, paragraph
(b), clause (1) or, (2), (3), (5), or (6).
(c) A child-placing agency licensed in Minnesota or any other
state shall receive reimbursement for adoption services it purchases for or
directly provides to an eligible child.
Tribal social services shall receive reimbursement for adoption services
it purchases for or directly provides to an eligible child. A local social services agency shall receive
reimbursement only for adoption services it purchases for an eligible child.
Before providing adoption services for which reimbursement
will be sought under this subdivision, a reimbursement agreement, on the
designated format, must be entered into with the commissioner. No reimbursement under this subdivision shall
be made to an agency for services provided prior to entering a reimbursement
agreement. Separate reimbursement
agreements shall be made for each child and separate records shall be kept on
each child for whom a reimbursement agreement is made. The commissioner of human services
Reimbursement shall agree not be made unless the commissioner
agrees that the reimbursement costs are reasonable and appropriate. The commissioner may spend up to $16,000 for
each purchase of service agreement. Only
one agreement per child is allowed, unless an exception is granted by the
commissioner and agreed to in writing by the commissioner prior to
commencement of services. Funds
encumbered and obligated under such an agreement for the child remain available
until the terms of the agreement are fulfilled or the agreement is terminated.
The commissioner shall make reimbursement payments directly to
the agency providing the service if direct reimbursement is specified by the
purchase of service agreement, and if the request for reimbursement is
submitted by the local or tribal social services agency along with a
verification that the service was provided.
Sec. 12. Minnesota
Statutes 2008, section 259.67, is amended by adding a subdivision to read:
Subd. 11. Promotion of programs. The commissioner or the commissioner's
designee shall actively seek ways to promote the adoption assistance program,
including information to prospective adoptive parents of eligible children
under the commissioner's guardianship of the availability of adoption
assistance. All families who adopt
children under the commissioner's guardianship must also be informed as to the
adoption tax credit."
Page 77, after line 10, insert:
"Sec. 30. REPEALER.
Minnesota Rules, parts 9560.0081; 9560.0083, subparts 1, 5, and
6; and 9560.0091, subpart 4, item C, are repealed."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Dean offered an amendment to
S. F. No. 1503, the first engrossment, as amended.
POINT OF ORDER
Hosch raised a point of order pursuant to
rule 3.21 that the Dean amendment was not in order. Speaker pro tempore Liebling ruled the point
of order well taken and the Dean amendment out of order.
S.
F. No. 1503, A bill for an act relating to human services; changing child
welfare provisions; modifying provisions governing adoption records; amending
Minnesota Statutes 2008, sections 13.46, subdivision 2; 256.01, subdivision
14b; 259.52, subdivisions 2, 6; 259.89, subdivisions 1, 2, 4, by adding a
subdivision; 260.012; 260.93; 260B.007, subdivision 7; 260B.157, subdivision 3;
260B.198, subdivision 1; 260C.007, subdivisions 18, 25; 260C.151, subdivisions
1, 2, 3, by adding a subdivision; 260C.163, by adding a subdivision; 260C.175,
subdivision 1; 260C.176, subdivision 1; 260C.178, subdivisions 1, 3; 260C.201,
subdivisions 1, 3, 5, 11; 260C.209, subdivision 3; 260C.212, subdivisions 1, 2,
4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03, subdivision 1; 260D.07; 484.76,
subdivision 2; Laws 2008, chapter 361, article 6, section 58; proposing coding
for new law in Minnesota Statutes, chapter 260C; repealing Minnesota Statutes
2008, section 260C.209, subdivision 4.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 1 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
The bill was passed, as amended, and its
title agreed to.
S. F. No. 722 was reported
to the House.
Lesch moved to amend S. F. No. 722, the
second engrossment, as follows:
Delete everything after the enacting
clause and inset the following language of H. F. No. 954, as introduced:
"Section 1. [253B.24] TRANSMITTAL OF DATA TO
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
When a court:
(1) commits a person under this chapter as being mentally
ill, developmentally disabled, mentally ill and dangerous, or chemically
dependent; or
(2) determines in a criminal case that a person is
incompetent to stand trial or not guilty by reason of mental illness,
the court
shall ensure that this information is transmitted to the National Instant
Criminal Background Check System.
Sec. 2. Minnesota
Statutes 2008, section 624.713, is amended by adding a subdivision to read:
Subd. 4. Petition authorized to restore ability
of committed persons to possess firearm. A person prohibited from possessing a
firearm under subdivision 1, clause (3), (5), or (10), item (iv), due to
confinement or commitment resulting from a judicial determination that the
person was mentally ill, developmentally disabled, mentally ill and dangerous,
or chemically dependent may petition a court to restore the person's ability to
possess a firearm. The court may grant
the relief sought if the person shows good cause to do so, that the person no
longer suffers from the condition that led to the confinement or commitment,
that the person is not likely to act in a manner that is dangerous to public
safety, and that the granting of the relief sought is not contrary to the
public interest."
Delete the title and insert:
"A bill for an act relating to public
safety; requiring that information on persons civilly committed, found not
guilty by reason of mental illness, or incompetent to stand trial be
transmitted to the federal National Instant Criminal Background Check System;
authorizing certain persons prohibited under state law from possessing a
firearm to petition a court for restoration of this right; amending Minnesota
Statutes 2008, section 624.713, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 253B."
The motion prevailed and the amendment was
adopted.
Lesch moved
to amend S. F. No. 722, the second engrossment, as amended, as follows:
Delete
everything after the enacting clause and insert:
"Section
1. [253B.24]
TRANSMITTAL OF COMMITMENT DATA TO NICS.
The court
must promptly transmit information about any of the following actions to the National
Instant Criminal Background Check System, in accordance with Public Law No. 110-180, when the court:
(1) commits
a person under this chapter as the result of a judicial determination that the
person is mentally ill, developmentally disabled, mentally ill and dangerous,
or chemically dependent;
(2)
determines in a criminal case that a person is incompetent to stand trial or is
not guilty by reason of mental illness; or
(3) removes
a person's firearms disability by action pursuant to section 609.165,
subdivision 1d or section 624.713, subdivision 4.
Sec.
2. Minnesota Statutes 2008, section
609.165, subdivision 1d, is amended to read:
Subd.
1d. Judicial
restoration of ability to possess firearm by felon. (a) A person prohibited by
subject to any federal or state law from shipping, transporting,
possessing, or receiving a firearm firearms disability because of a
conviction or a delinquency adjudication for committing a any
crime of violence or offense may petition a court to restore
the person's ability to possess, receive, ship, or transport firearms and
otherwise deal with firearms completely remove the disability.
(b) The court
may grant the relief sought if the person shows good cause to do so and the
person has been released from physical confinement.
(c) If a
petition is denied, the person may not file another petition until three years
have elapsed without the permission of the court.
Sec.
3. Minnesota Statutes 2008, section
624.713, subdivision 1, is amended to read:
Subdivision
1. Ineligible
persons Firearms disabilities.
The following persons shall not be entitled to possess a pistol or
semiautomatic military-style assault weapon or, except for clause (1), any
other firearm:
(1) a
person under the age of 18 years except that a person under 18 may carry or
possess a pistol or semiautomatic military-style assault weapon (i) in the
actual presence or under the direct supervision of the person's parent or
guardian, (ii) for the purpose of military drill under the auspices of a
legally recognized military organization and under competent supervision, (iii)
for the purpose of instruction, competition, or target practice on a firing
range approved by the chief of police or county sheriff in whose jurisdiction
the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with
a pistol or semiautomatic military-style assault weapon and approved by the
commissioner of natural resources;
(2) except
as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for
committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of
violence includes crimes in other states or jurisdictions which would have been
crimes of violence as herein defined if they had been committed in this state;
(3) a
person who is or has ever been confined committed in Minnesota or
elsewhere as a by a judicial determination that the person who
is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02, to a treatment facility, or who has ever
been found incompetent to stand trial or not guilty by reason of mental
illness, unless the person possesses a certificate of a medical doctor or
psychiatrist licensed in Minnesota, or other satisfactory proof that the person
is no longer suffering from this disability person's firearms disability
has been removed under subdivision 4;
(4) a
person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, or a person who is or has ever
been hospitalized or committed for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02,
unless the person possesses a
certificate
of a medical doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled substance or
marijuana during the previous two years unless three years have
elapsed since the date of conviction and, during that time, the person has not
been convicted of any other such violation of chapter 152 or a similar law of
another state; or a person who is or has ever been committed by a judicial
determination for treatment for the habitual use of a controlled substance or
marijuana, as defined in sections 152.01 and 152.02, unless the person's
firearms disability has been removed under subdivision 4;
(5) a
person who has been confined or committed to a treatment facility in
Minnesota or elsewhere as by a judicial determination that the person
is chemically dependent as defined in section 253B.02, unless the person
has completed treatment or the person's firearms disability has been removed
under subdivision 4. Property rights
may not be abated but access may be restricted by the courts;
(6) a peace
officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate
from the head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility. Property rights may not be abated but access
may be restricted by the courts;
(7) a
person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a
pretrial diversion program by the court before disposition, until the person
has completed the diversion program and the charge of committing the crime of
violence has been dismissed;
(8) except
as otherwise provided in clause (9), a person who has been convicted in another
state of committing an offense similar to the offense described in section
609.224, subdivision 3, against a family or household member or section
609.2242, subdivision 3, unless three years have elapsed since the date of
conviction and, during that time, the person has not been convicted of any
other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3,
or a similar law of another state;
(9) a
person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in
any way during commission of the assault is prohibited from possessing any type
of firearm for the period determined by the sentencing court;
(10) a
person who:
(i) has
been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(ii) is a
fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal
proceeding;
(iii) is an
unlawful user of any controlled substance as defined in chapter 152;
(iv) has
been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02;
(v) is an
alien who is illegally or unlawfully in the United States;
(vi) has
been discharged from the armed forces of the United States under dishonorable
conditions; or
(vii) has
renounced the person's citizenship having been a citizen of the United States; or
(viii) is
subject to a court order that:
(A) was
issued after a hearing of which the person received actual notice, and at which
the person had an opportunity to participate;
(B)
restrains the person from harassing, stalking, or threatening an intimate
partner of the person or child of the intimate partner or person, or engaging
in other conduct that would place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(C)
includes a finding that the person represents a credible threat to the physical
safety of the intimate partner or child, or by its terms explicitly prohibits
the use, attempted use, or threatened use of physical force against the
intimate partner or child that would reasonably be expected to cause bodily
injury; or
(ix) has
been convicted in any court of a misdemeanor crime of domestic violence; or
(11) a
person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction
and, during that time, the person has not been convicted of any other violation
of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or
endangerment of a child); 609.582, subdivision 4 (burglary in the fourth
degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment
and stalking). For purposes of this
paragraph, the specified gross misdemeanor convictions include crimes committed
in other states or jurisdictions which would have been gross misdemeanors if
conviction occurred in this state.
A person
who issues a certificate pursuant to this subdivision section in
good faith is not liable for damages resulting or arising from the actions or
misconduct with a firearm committed by the individual who is the subject of the
certificate.
The
prohibition in this subdivision relating to the possession of firearms other
than pistols and semiautomatic military-style assault weapons does not apply
retroactively to persons who are prohibited from possessing a pistol or
semiautomatic military-style assault weapon under this subdivision before
August 1, 1994.
The
lifetime prohibition on possessing, receiving, shipping, or transporting
firearms for persons convicted or adjudicated delinquent of a crime of violence
in clause (2), applies only to offenders who are discharged from sentence or
court supervision for a crime of violence on or after August 1, 1993.
For
purposes of this section, "judicial determination" means a court
proceeding pursuant to sections 253B.07 through 253B.09.
Sec.
4. Minnesota Statutes 2008, section
624.713, is amended by adding a subdivision to read:
Subd. 4. Restoration
of firearms eligibility to civilly committed person; petition authorized. (a) A person who is subject to a firearms
disability defined in subdivision 1, due to commitment resulting from a
judicial determination that the person is mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent, may petition the
district court for a de novo review to completely remove the person's firearms
disability.
(b) The
court must grant the relief sought in paragraph (a) in accordance with the
principles of due process if the circumstances regarding the person's
disqualifying condition and the person's record and reputation are determined
to be such that:
(1) the
person is not likely to act in a manner that is dangerous to public safety; and
(2) the
granting of relief would not be contrary to the public interest.
(c) To meet
the requirement of paragraph (b), clause (1), the petitioner must present
evidence from a licensed medical doctor or clinical psychologist that the
person is no longer suffering from the disease or condition which caused the
disability; or that the disease or condition has been successfully treated for
a period of three consecutive years.
(d) Review
on appeal shall be de novo, in accordance with Public Law 110-180.
Sec.
5. Minnesota Statutes 2008, section
624.7131, subdivision 2, is amended to read:
Subd.
2. Investigation. The chief of police or sheriff shall check
criminal histories, records and warrant information relating to the applicant
through the Minnesota crime information system and, the national
criminal record repository and, and the National Instant Criminal
Background Check System. The chief of
police or sheriff shall also
make a reasonable effort to check other available state and local
record-keeping systems. The chief of
police or sheriff shall obtain commitment information from the commissioner of
human services as provided in section 245.041.
Sec.
6. Minnesota Statutes 2008, section
624.7132, subdivision 2, is amended to read:
Subd.
2. Investigation. Upon receipt of a transfer report, the chief
of police or sheriff shall check criminal histories, records and warrant
information relating to the proposed transferee through the Minnesota crime
information system and, the national criminal record repository,
and the National Instant Criminal Background Check System. and
The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain
commitment information from the commissioner of human services as provided in
section 245.041.
Sec. 7. Minnesota Statutes 2008, section 624.714,
subdivision 4, is amended to read:
Subd.
4. Investigation. (a) The sheriff must check, by means of
electronic data transfer, criminal records, histories, and warrant information
on each applicant through the Minnesota Crime Information System and, to the
extent necessary, the National Instant Criminal Background Check
System. The sheriff shall also make a
reasonable effort to check other available and relevant federal, state, or
local record-keeping systems. The
sheriff must obtain commitment information from the commissioner of human
services as provided in section 245.041 or, if the information is reasonably
available, as provided by a similar statute from another state.
(b) When an
application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant
resides. The police chief may provide
the sheriff with any information relevant to the issuance of the permit.
(c) The
sheriff must conduct a background check by means of electronic data transfer on
a permit holder through the Minnesota Crime Information System and, to the
extent necessary, the National Instant Criminal Background Check
System at least yearly to ensure continuing eligibility. The sheriff may also conduct
additional background checks by means of electronic data transfer on a permit
holder at any time during the period that a permit is in effect.
Sec.
8. EFFECTIVE
DATE.
Sections 1
to 7 are effective July 1, 2010."
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 722, A bill for an act relating
to public safety; requiring that information on persons civilly committed,
found not guilty by reason of mental illness, or incompetent to stand trial be
transmitted to the federal National Instant Criminal Background Check System;
authorizing certain persons prohibited under state law from possessing a
firearm to petition a court for restoration of this right; amending Minnesota
Statutes 2008, section 624.713, subdivision 1, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 253B.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its
title agreed to.
S. F. No. 666, A bill for an act relating
to human services; modifying provisions related to children aging out of foster
care; amending Minnesota Statutes 2008, section 260C.212, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapter 260C.
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 124 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
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
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Dean
Drazkowski
Emmer
Hackbarth
Scott
Severson
Shimanski
Zellers
The bill was passed and its title agreed
to.
S. F. No. 567, A bill for an act relating
to education; requiring school districts that offer cardiopulmonary
resuscitation or automatic external defibrillator instruction to use
instruction developed by the American Heart Association, the American Red
Cross, or uses nationally recognized, evidence-based guidelines; proposing
coding for new law in Minnesota Statutes, chapter 120B.
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 131 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Emmer
Hackbarth
The bill was passed and its title agreed
to.
H. F. No. 1529, A bill for an act relating
to civil proceedings; removing a dollar limitation on attorney or agent fees in
certain cases; amending Minnesota Statutes 2008, section 15.471, subdivision 5.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Garofalo
The bill was passed and its title agreed
to.
S. F. No. 1887, A bill for an act relating to civil law;
releasing information to health care agents; providing access to health care
agents; amending Minnesota Statutes 2008, sections 13.384, subdivisions 2, 3;
144.225, subdivision 7; 144.419, subdivision 5; 169.09, subdivision 13; 246.70;
253B.10, subdivision 3; 253B.14; 253B.16, subdivision 2; 256B.48, subdivision
8.
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 89 yeas and 45
nays as follows:
Those who
voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamara
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
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was passed and its title agreed to.
There being no objection, the order of business reverted to
Reports of Standing Committees and Divisions.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Lenczewski from the
Committee on Taxes to which was referred:
S. F. No. 915, A bill for an
act relating to insurance; requiring school districts to obtain employee health
coverage through the public employees insurance program; appropriating money;
amending Minnesota Statutes
2008, sections 43A.316,
subdivisions 9, 10, by adding subdivisions; 62E.02, subdivision 23; 62E.10,
subdivision 1; 62E.11, subdivision 5; 297I.05, subdivision 5; 297I.15,
subdivision 3.
Reported the
same back with the following amendments to the unofficial engrossment:
Page 2, line
5, delete "subdivision" and insert "subdivisions 1,
paragraph (b); and"
Page 6,
after line 20, insert:
"Sec.
13. Minnesota Statutes 2008, section
297I.05, subdivision 1, is amended to read:
Subdivision
1. Domestic
and foreign companies. (a) Except
as otherwise provided in this section, a tax is imposed on every domestic and
foreign insurance company. The rate of
tax is equal to two percent of all gross premiums less return premiums on all
direct business received by the insurer or agents of the insurer in Minnesota,
in cash or otherwise, during the year.
(b) A tax is
imposed on the school employee insurance program enacted under section 43A.316,
subdivision 12. The rate of tax imposed
for each year shall be the rate specified in paragraph (a) and shall be assessed
upon all gross premiums less return premiums on all direct business received in
that year, in cash or otherwise, by the school employees insurance program from
school employers that, on May 1, 2009, were receiving health care coverage from
an entity that is required to pay the tax under paragraph (a). The commissioner shall assess the premiums
paid to the school employee insurance program by those employers at the same
rate paid by entities taxed under paragraph (a)."
Page 7, line
14, delete "subdivision" and insert "subdivisions 1,
paragraph (b); and"
Page 7, line
26, delete "15" and insert "16"
Renumber the
sections in sequence
Amend the
title as follows:
Page 1, line
3, after the first semicolon, insert "imposing a gross premiums tax on the
program;"
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.
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.
Champion was excused between the hours of
7:05 p.m. and 9:50 p.m.
Hamilton was excused between the hours of
7:05 p.m. and 9:10 p.m.
Hilstrom was excused for the remainder of
today's session.
REPORTS OF STANDING COMMITTEES AND DIVISIONS, Continued
Solberg from
the Committee on Ways and Means to which was referred:
S. F. No.
915, A bill for an act relating to insurance; requiring school districts to
obtain employee health coverage through the public employees insurance program;
appropriating money; amending Minnesota Statutes 2008, sections 43A.316,
subdivisions 9, 10, by adding subdivisions; 62E.02, subdivision 23; 62E.10,
subdivision 1; 62E.11, subdivision 5; 297I.05, subdivision 5; 297I.15,
subdivision 3.
Reported the
same back with the following amendments to the second unofficial engrossment:
Page 2, line
6, delete everything after the first comma, and insert "subdivision 15."
Page 6,
delete section 13
Page 7,
delete section 14 and insert:
"Sec.
13. Minnesota Statutes 2008, section
297I.05, is amended by adding a subdivision to read:
Subd. 15. School
employee insurance program. A
tax is imposed on the school employee insurance program created under section
43A.316, subdivision 12. The tax must be
assessed upon gross premiums less return premiums received by the school
employee insurance program in that calendar year from employees of a school
district that, on May 1, 2009, was purchasing health care coverage from an
entity that is required to pay tax under subdivision 1, 3, 4, or 5. The commissioner shall assess the premiums
paid in each year to the school employee insurance program by those employers
at the same rate as premiums paid by the entities under subdivision 1, 3, 4, or
5 as applicable to the school district."
Page 7, line
31, delete everything after the first comma, and insert "subdivision 15."
Page 7,
delete section 16 and insert:
"Sec.
15. START-UP
FUNDING; ADMINISTRATION OF ONGOING REVENUES AND EXPENSES.
(a) The
commissioner of Minnesota Management and Budget shall use funds available in
the insurance trust fund under Minnesota Statutes, section 43A.316, subdivision
9, in the form of temporary funding to pay for the administrative start-up
costs necessary under this act. In
addition to the amounts of temporary funding, the commissioner shall determine
the amount of interest lost to the insurance trust fund as a result of the
temporary funding.
(b) The
commissioner of Minnesota Management and Budget shall impose an enrollment fee
upon the premium charged for the first three months of coverage under the
school employee insurance program created in this act sufficient to repay to
the insurance trust fund the loans provided to cover the start-up costs
incurred by the commissioner under paragraph (a), plus foregone interest to the
insurance trust fund, as determined under paragraph (a). The commissioner shall deposit the enrollment
fees in the insurance trust fund.
(c) All
costs incurred and revenue received by the commissioner of Minnesota Management
and Budget under this act in addition to those dealt with in paragraphs (a) and
(b), shall on an ongoing basis be deposited into and paid out of the insurance
trust fund as provided in Minnesota Statutes, section 43A.316, subdivision 9,
as amended in this act."
Page 8, line
11, delete "16" and insert "15"
Renumber the
sections in sequence
Amend the
title as follows:
Page 1, line
4, delete "appropriating money" and insert "imposing an
enrollment fee"
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF SENATE
BILLS
S. F. No. 915 was read for the second time.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 1275, A bill for an act relating to environment;
modifying sewage treatment systems provisions; changing terminology; amending
Minnesota Statutes 2008, sections 115.55, subdivisions 1, 2, 3, 4, 5, 5a, 5b,
6, 9; 115.56, subdivisions 1, 2, 3; 326B.46, subdivision 2; repealing Minnesota
Statutes 2008, sections 115.55, subdivision 10; 115.56, subdivision 2a.
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. 550.
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. 550
A bill for an act relating to energy; providing for energy
conservation; regulating utility rates; removing prohibition on issuing
certificate of need for new nuclear power plant; providing for various
Legislative Energy Commission studies; regulating utilities; amending Minnesota
Statutes 2008, sections 216A.03, subdivision 6, by adding a subdivision;
216B.16, subdivisions 2, 6c, 7b, by adding a subdivision; 216B.1645,
subdivision 2a; 216B.169, subdivision 2; 216B.1691, subdivision 2a; 216B.23, by
adding a subdivision; 216B.241, subdivisions 1c, 5a, 9; 216B.2411, subdivisions
1, 2; 216B.2424, subdivision 5a; 216B.243, subdivisions 3b, 8, 9; 216C.11;
proposing coding for new law in Minnesota Statutes, chapter 216C; repealing
Laws 2007, chapter 3, section 3.
May 13, 2009
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. 550 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.
550 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2008, section 116C.779, subdivision 2, is amended to
read:
Subd. 2. Renewable energy production incentive. (a) Until January 1, 2018 2021,
up to $10,900,000 annually must be allocated from available funds in the
account to fund renewable energy production incentives. $9,400,000 of this
annual amount is for incentives for up to 200 megawatts of electricity
generated by wind energy conversion systems that are eligible for the
incentives under section 216C.41 or Laws 2005, chapter 40.
(b) The balance of this amount, up to $1,500,000 annually,
may be used for production incentives for on-farm biogas recovery facilities and
hydroelectric facilities that are eligible for the incentive under section
216C.41 or for production incentives for other renewables, to be provided in
the same manner as under section 216C.41.
(c) Any portion of the $10,900,000 not expended in any
calendar year for the incentive is available for other spending purposes under
this section. This subdivision does not create
an obligation to contribute funds to the account.
(b) (d) The Department of Commerce shall
determine eligibility of projects under section 216C.41 for the purposes of
this subdivision. At least quarterly,
the Department of Commerce shall notify the public utility of the name and
address of each eligible project owner and the amount due to each project under
section 216C.41. The public utility
shall make payments within 15 working days after receipt of notification of
payments due.
Sec. 2. Minnesota
Statutes 2008, section 116C.779, is amended by adding a subdivision to read:
Subd. 3. Initiative for Renewable Energy and the
Environment (a) Beginning July 1, 2009, and each July 1 through
2012, $5,000,000 must be allocated from the renewable development account to
fund a grant to the Board of Regents of the University of Minnesota for the
Initiative for Renewable Energy and the Environment for the purposes described
in paragraph (b). The Initiative for
Renewable Energy and the Environment must set aside at
least 15 percent of the funds received annually under the
grant for qualified projects conducted at a rural campus or experiment
station. Any set-aside funds not awarded
to a rural campus or experiment station at the end of the fiscal year revert
back to the Initiative for Renewable Energy and the Environment for its
exclusive use. This subdivision does not
create an obligation to contribute funds to the account.
(b) Activities funded under this grant may include, but are
not limited to:
(1) environmentally sound production of energy from a
renewable energy source, including biomass and agricultural crops;
(2) environmentally sound production of hydrogen from biomass
and any other renewable energy source for energy storage and energy utilization;
(3) development of energy conservation and efficient energy
utilization technologies;
(4) energy storage technologies; and
(5) analysis of policy options to facilitate adoption of
technologies that use or produce low-carbon renewable energy.
(c) For the purposes of this subdivision:
(1) "biomass" means plant and animal material,
agricultural and forest residues, mixed municipal solid waste, and sludge from
wastewater treatment; and
(2) "renewable energy source" means hydro, wind,
solar, biomass, and geothermal energy, and microorganisms used as an energy
source.
(d) Beginning January 15 of 2010, and each year thereafter,
the director of the Initiative for Renewable Energy and the Environment at the
University of Minnesota shall submit a report to the chair and ranking minority
members of the senate and house of representatives committees with primary
jurisdiction over energy finance describing the activities conducted during the
previous year funded under this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2008, section 117.189, is amended to read:
117.189
PUBLIC SERVICE CORPORATION EXCEPTIONS.
Sections 117.031; 117.036; 117.055, subdivision 2, paragraph
(b); 117.186; 117.187; 117.188; and 117.52, subdivisions 1a and 4, do not apply
to public service corporations. For
purposes of an award of appraisal fees under section 117.085, the fees awarded
may not exceed $500 $1,500 for all types of property except
for a public service corporation's use of eminent domain for a high-voltage
transmission line, where the award may not exceed $3,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2008, section 216A.03, subdivision 6, is amended to read:
Subd. 6. Record of proceedings. An audio magnetic or audio electronic recording
device shall be used to keep a record of all proceedings before the commission unless
the commission provides a hearing reporter to record the proceeding.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2008, section 216A.03, is amended by adding a subdivision to read:
Subd. 6a. Hearing reporter. The commission may delegate to the
executive secretary authority to require hearing reporter services. The cost of hearing reporter services must be
borne by the utility, telephone company, or telecommunications carrier that is
the subject of the proceeding. If more
than one company is the subject of a proceeding, the commission or, if the
commission so delegates, the executive secretary, shall determine how the
hearing reporter costs are to be allocated for the proceeding.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2008, section 216B.16, subdivision 2, is amended to read:
Subd. 2. Suspension of proposed rate; hearing; final
determination defined. (a) Whenever
there is filed with the commission a schedule modifying or resulting in a
change in any rates then in force as provided in subdivision 1, the commission
may suspend the operation of the schedule by filing with the schedule of rates
and delivering to the affected utility a statement in writing of its reasons
for the suspension at any time before the rates become effective. The suspension shall not be for a longer
period than ten months beyond the initial filing date except as provided in
this subdivision or subdivision 1a.
(b) During the suspension the commission shall determine
whether all questions of the reasonableness of the rates requested raised by
persons deemed interested or by the department can be resolved to the
satisfaction of the commission. If the
commission finds that all significant issues raised have not been resolved to
its satisfaction, or upon petition by ten percent of the affected customers or
250 affected customers, whichever is less, it shall refer the matter to the
Office of Administrative Hearings with instructions for a public hearing as a
contested case pursuant to chapter 14, except as otherwise provided in this
section.
(c) The commission may order that the issues presented by the
proposed rate changes be bifurcated into two separate hearings as follows: (1)
determination of the utility's revenue requirements and (2) determination of
the rate design. Upon issuance of both
administrative law judge reports, the issues shall again be joined for
consideration and final determination by the commission.
(d) All prehearing discovery activities of state agency
intervenors shall be consolidated and conducted by the Department of Commerce.
(e) If the commission does not make a final determination
concerning a schedule of rates within ten months after the initial filing date,
the schedule shall be deemed to have been approved by the commission; except
if:
(1) an extension of the procedural schedule has been granted
under paragraph (f) or subdivision 1a, in which case the schedule of
rates is deemed to have been approved by the commission on the last day of the
extended period of suspension; or
(2) a settlement has been submitted to and rejected by the
commission and the commission does not make a final determination concerning
the schedule of rates, the schedule of rates is deemed to have been approved 60
days after the initial or, if applicable, the extended period of suspension.
(f) If the commission finds that it has insufficient time
during the suspension period to make a final determination of a case involving changes
in general rates because of the need to make a final determination of another
previously filed any pending case involving changes in general rates
under this section or section 237.075, the commission may extend the suspension
period to the extent necessary to allow itself 20 working days to
allow up to a total of 90 additional calendar days to make the final
determination after it has made a final determination in the previously
filed case. An extension of the
suspension period under this paragraph does not alter the setting of interim
rates under subdivision 3.
(g) For the purposes of this section, "final
determination" means the initial decision of the commission and not any
order which may be entered by the commission in response to a petition for
rehearing or other further relief. The
commission may further suspend rates until it determines all those petitions.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2008, section 216B.16, subdivision 6c, is amended to read:
Subd. 6c. Incentive plan for energy conservation
improvement. (a) The commission may
order public utilities to develop and submit for commission approval incentive
plans that describe the method of recovery and accounting for utility
conservation expenditures and savings.
In developing the incentive plans the commission shall ensure the
effective involvement of interested parties.
(b) In approving incentive plans, the commission shall
consider:
(1) whether the plan is likely to increase utility investment
in cost-effective energy conservation;
(2) whether the plan is compatible with the interest of
utility ratepayers and other interested parties;
(3) whether the plan links the incentive to the utility's
performance in achieving cost-effective conservation; and
(4) whether the plan is in conflict with other provisions of
this chapter.
(c) The commission may set rates to encourage the vigorous
and effective implementation of utility conservation programs. The commission may:
(1) increase or decrease any otherwise allowed rate of return
on net investment based upon the utility's skill, efforts, and success in
conserving energy;
(2) share between ratepayers and utilities the net savings
resulting from energy conservation programs to the extent justified by the
utility's skill, efforts, and success in conserving energy; and
(3) compensate the utility for earnings lost as a result
of its conservation programs adopt any mechanism that satisfies the
criteria of this subdivision, such that implementation of cost-effective
conservation is a preferred resource choice for the public utility considering
the impact of conservation on earnings of the public utility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2008, section 216B.16, subdivision 7b, is amended to read:
Subd. 7b. Transmission cost adjustment. (a) Notwithstanding any other provision of
this chapter, the commission may approve a tariff mechanism for the automatic
annual adjustment of charges for the Minnesota jurisdictional costs of (i) new
transmission facilities that have been separately filed and reviewed and
approved by the commission under section 216B.243 or are certified as a
priority project or deemed to be a priority transmission project under section
216B.2425; and (ii) charges incurred by a utility that accrue from other
transmission owners' regionally planned transmission projects that have been
determined by the Midwest Independent System Operator to benefit the utility,
as provided for under a federally approved tariff.
(b) Upon filing by a public utility or utilities providing transmission
service, the commission may approve, reject, or modify, after notice and
comment, a tariff that:
(1) allows the utility to recover on a timely basis the costs
net of revenues of facilities approved under section 216B.243 or certified or
deemed to be certified under section 216B.2425 or exempt from the requirements
of section 216B.243;
(2) allows the charges incurred by a utility that accrue from
other transmission owners' regionally planned transmission projects that have
been determined by the Midwest Independent System Operator to benefit the
utility, as provided for under a federally approved tariff. These charges must be reduced or offset by
revenues received by the utility and by amounts the utility charges to other
regional transmission owners, to the extent those revenues and charges have not
been otherwise offset;
(3) allows a return on investment at the level approved in the
utility's last general rate case, unless a different return is found to be
consistent with the public interest;
(4) provides a current return on construction work in
progress, provided that recovery from Minnesota retail customers for the
allowance for funds used during construction is not sought through any other
mechanism;
(5) allows for recovery of other expenses if shown to promote
a least-cost project option or is otherwise in the public interest;
(6) allocates project costs appropriately between wholesale
and retail customers;
(7) provides a mechanism for recovery above cost, if necessary
to improve the overall economics of the project or projects or is otherwise in
the public interest; and
(8) terminates recovery once costs have been fully recovered
or have otherwise been reflected in the utility's general rates.
(c) A public utility may file annual rate adjustments to be
applied to customer bills paid under the tariff approved in paragraph (b). In its filing, the public utility shall
provide:
(1) a description of and context for the facilities included
for recovery;
(2) a schedule for implementation of applicable projects;
(3) the utility's costs for these projects;
(4) a description of the utility's efforts to ensure the
lowest costs to ratepayers for the project; and
(5) calculations to establish that the rate adjustment is
consistent with the terms of the tariff established in paragraph (b).
(d) Upon receiving a filing for a rate adjustment pursuant to
the tariff established in paragraph (b), the commission shall approve the
annual rate adjustments provided that, after notice and comment, the costs
included for recovery through the tariff were or are expected to be prudently
incurred and achieve transmission system improvements at the lowest feasible
and prudent cost to ratepayers.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2008, section 216B.16, is amended by adding a subdivision to read:
Subd. 7d. Central Corridor utility zone cost
adjustment. (a) The Central
Corridor utility zone is the area extending from the Union Depot Station in St.
Paul to the proposed multimodal station in Minneapolis along the route of the
light rail transit project connecting those two points, and an area extending
approximately one-quarter mile from that route and including the entire
University of Minnesota, Minneapolis campus.
(b) A public utility that provides retail electric service
within the Central Corridor utility zone and that is required to replace,
relocate, construct, or install new facilities, may apply to the commission for
approval of new facilities in the Central Corridor utility zone and facilities
outside the zone that the utility demonstrates must be changed as a direct
result of changes within the zone.
Facilities proposed under this subdivision may include transmission
facilities, distribution facilities, generation facilities, advanced
technology-assisted efficiency devices, and energy storage facilities not
otherwise subject to section 216B.243, or chapter 216E, 216F, or 216G. Upon approval under paragraph (c), the
utility may construct and install the facilities.
(c) The commission may approve the construction and
installation of facilities in the Central Corridor mass transit utility zone
proposed by a utility under paragraph (b) upon a finding:
(1) that the facilities:
(i) are necessary to provide electric service;
(ii) assist future development of renewable energy,
conservation, electric vehicles, and advanced technology-assisted efficiency
programs and devices; or
(iii) are exploratory, experimental, or research facilities to
advance the use of renewable energy, conservation, electric vehicles, and
advanced technology-assisted efficiency programs and devices;
(2) that the utility has engaged in a cooperative process with
affected local and state government agencies in the design, planning, or
construction of the Central Corridor utility zone project and changes to
utility facilities;
(3) that the utility and local units of government have made
reasonable efforts to seek federal, state, or private funds that may be
available to mass transit and energy projects;
(4) that the utility has made reasonable efforts to minimize
the project costs and maximize the value of the facilities to customers;
(5) that the utility has a plan to offer a comprehensive array
of programs for residential, commercial, and industrial customers located
within the mass transit zone;
(6) that the utility direct existing and planned solar energy
programs to develop solar energy along the mass transit utility zone; and
(7) that the utility has made reasonable efforts to apply for
federal funds to develop technology-assisted efficiency programs and devices
within the mass transit utility zone.
(d) Upon request of the commission, the utility shall submit
periodic reports to the commission reviewing the cost and benefits of the
facilities constructed within the Central Corridor utility zone and their
potential applicability to other areas outside the Central Corridor utility
zone.
(e) Notwithstanding any other provision of this chapter, the
commission may approve a tariff mechanism for automatic adjustment of charges
for new, replaced, or relocated facilities installed under this subdivision in
a manner consistent with this subdivision and the standards and procedures
contained in subdivision 7b, except that no approval under section 216B.243 or
certification under section 216B.2425 is required unless otherwise required by
law. This section does not authorize a
city-requested facilities surcharge.
(f) For the purpose of this subdivision,
"technology-assisted efficiency programs and devices" includes, but
is not limited to, infrastructure that integrates digital information and
controls technology to improve the reliability, security, and efficiency of the
electric grid.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. [216B.1613] STANDARDIZED CONTRACT.
Within 60 days of the effective date of this section, each
utility, as defined in section 216B.1691, subdivision 1, paragraph (b), shall
file with the commission a standardized contract form for the purchase of
electricity from projects with a nameplate capacity of 5 megawatts or
less. The standardized contract form
must be similar in all material respects to the standard contract form
previously filed with the commission under section 216B.2423, subdivision 3,
including any revisions to that contract on file with the commission as of the
effective date of this section. After
consultation with wind developers and producers, a utility governed by this
section may modify the standardized contract currently on file under section
216B.2423 prior to submitting its standard contract form under this section if
the modifications are reasonably necessary to account for circumstances that
are unique to that particular utility.
The commission shall not approve a contract that is not in compliance
with this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2008, section 216B.1645, subdivision 2a, is amended to read:
Subd. 2a. Cost recovery for utility's renewable
facilities. (a) A utility may
petition the commission to approve a rate schedule that provides for the
automatic adjustment of charges to recover prudently incurred investments,
expenses, or costs associated with facilities constructed, owned, or operated
by a utility to satisfy the requirements of section 216B.1691, provided those
facilities were previously approved by the commission under section 216B.2422
or 216B.243, or were determined by the commission to be reasonable and prudent
under section 216B.243, subdivision 9. For
facilities not subject to review by the commission under section 216B.2422 or
216B.243, a utility shall petition the commission for eligibility for cost
recovery under this section prior to requesting cost recovery for the
facility. The commission may
approve, or approve as modified, a rate schedule that:
(1) allows a utility to recover directly from customers on a
timely basis the costs of qualifying renewable energy projects, including:
(i) return on investment;
(ii) depreciation;
(iii) ongoing operation and maintenance costs;
(iv) taxes; and
(v) costs of transmission and other ancillary expenses
directly allocable to transmitting electricity generated from a project meeting
the specifications of this paragraph;
(2) provides a current return on construction work in
progress, provided that recovery of these costs from Minnesota ratepayers is
not sought through any other mechanism;
(3) allows recovery of other expenses incurred that are
directly related to a renewable energy project, including expenses for energy
storage, provided that the utility demonstrates to the commission's
satisfaction that the expenses improve project economics, ensure project
implementation, advance research and understanding of how storage devices
may improve renewable energy projects, or facilitate coordination with the
development of transmission necessary to transport energy produced by the
project to market;
(4) allocates recoverable costs appropriately between
wholesale and retail customers;
(5) terminates recovery when costs have been fully recovered
or have otherwise been reflected in a utility's rates.
(b) A petition filed under this subdivision must include:
(1) a description of the facilities for which costs are to be
recovered;
(2) an implementation schedule for the facilities;
(3) the utility's costs for the facilities;
(4) a description of the utility's efforts to ensure that
costs of the facilities are reasonable and were prudently incurred; and
(5) a description of the benefits of the project in promoting
the development of renewable energy in a manner consistent with this chapter.
Sec. 12. Minnesota
Statutes 2008, section 216B.169, subdivision 2, is amended to read:
Subd. 2. Renewable and high-efficiency energy rate
options. (a) Each A
utility shall may offer its customers, and shall advertise the
offer at least annually, one or more options that allow a customer to
determine that a certain amount of the electricity generated or purchased on
behalf of the customer is renewable energy or energy generated by
high-efficiency, low-emissions, distributed generation such as fuel cells and
microturbines fueled by a renewable fuel.
(b) Each public utility shall file an implementation plan
within 90 days of July 1, 2001, to implement paragraph (a).
(c) (b) Rates charged to customers must be
calculated using the utility's cost of acquiring the energy for the customer
and must:
(1) reflect the difference between the cost of generating or
purchasing the additional renewable energy and the cost of generating
or purchasing the same amount of nonrenewable energy and the cost that
would otherwise be attributed to the customer for the same amount of energy
based on the utility's mix of renewable and nonrenewable energy sources;
and
(2) be distributed on a per kilowatt-hour basis among all
customers who choose to participate in the program.
(d) Implementation of these rate options may reflect a
reasonable amount of lead time necessary to arrange acquisition of the energy. (c) The
utility may acquire the energy demanded by customers, in whole or in part,
through procuring or generating the renewable energy directly, or through the
purchase of credits from a provider that has received certification of eligible
power supply pursuant to subdivision 3. If
a utility is not able to arrange an adequate supply of renewable or
high-efficiency energy to meet its customers' demand under this section, the
utility must file a report with the commission detailing its efforts and
reasons for its failure.
(d) For the purposes of this section, "renewable
energy" has the meaning given to "eligible energy technology" in
section 216B.1691, subdivision 1, paragraph (a), but does not include energy
recovered from combustion of mixed municipal solid waste or refuse-derived fuel
from mixed municipal solid waste.
Sec. 13. Minnesota
Statutes 2008, section 216B.1691, subdivision 2a, is amended to read:
Subd. 2a. Eligible energy technology standard. (a) Except as provided in paragraph (b), each
electric utility shall generate or procure sufficient electricity generated by
an eligible energy technology to provide its retail customers in Minnesota, or
the retail customers of a distribution utility to which the electric utility
provides
wholesale electric service, so that at least the following
standard percentages of the electric utility's total retail electric sales to
retail customers in Minnesota are generated by eligible energy technologies by
the end of the year indicated:
(1) 2012 12
percent
(2) 2016 17
percent
(3) 2020 20
percent
(4) 2025 25
percent.
(b) An electric utility that owned a
nuclear generating facility as of January 1, 2007, must meet the requirements
of this paragraph rather than paragraph (a).
An electric utility subject to this paragraph must generate or procure
sufficient electricity generated by an eligible energy technology to provide
its retail customers in Minnesota or the retail customer of a distribution
utility to which the electric utility provides wholesale electric service so
that at least the following percentages of the electric utility's total retail
electric sales to retail customers in Minnesota are generated by eligible
energy technologies by the end of the year indicated:
(1) 2010 15
percent
(2) 2012 18
percent
(3) 2016 25
percent
(4) 2020 30
percent.
Of the 30 percent in 2020, at least
25 percent must be generated by solar energy or wind energy conversion
systems and the remaining five percent by other eligible energy
technology. Of the 25 percent that
must be generated by wind or solar, no more than one percent may be solar
generated and the remaining 24 percent or greater must be wind generated.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2008, section 216B.23, is
amended by adding a subdivision to read:
Subd. 1a. Authority
to issue refund. (a) On
determining that a public utility has charged a rate in violation of this
chapter, a commission rule, or a commission order, the commission, after
conducting a proceeding, may require the public utility to refund to its
customers, in a manner approved by the commission, any revenues the commission
finds were collected as a result of the unlawful conduct. Any refund authorized by this section is
permitted in addition to any remedies authorized by section 216B.16 or any
other law governing rates. Exercising
authority under this section does not preclude the commission from pursuing penalties
under sections 216B.57 to 216B.61 for the same conduct.
(b) This section must not be
construed as allowing:
(1) retroactive ratemaking;
(2) refunds based on claims
that prior or current approved rates have been unjust, unreasonable,
unreasonably preferential, discriminatory, insufficient, inequitable, or
inconsistent in application to a class of customers; or
(3) refunds based on claims
that approved rates have not encouraged energy conservation or renewable energy
use, or have not furthered the goals of section 216B.164, 216B.241, or 216C.05.
(c) A refund under this
subdivision does not apply to revenues collected more than six years before the
date of the notice of the commission proceeding required under this
subdivision.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2008, section 216B.241,
subdivision 1c, is amended to read:
Subd. 1c. Energy-saving
goals. (a) The commissioner shall
establish energy-saving goals for energy conservation improvement expenditures
and shall evaluate an energy conservation improvement program on how well it
meets the goals set.
(b) Each individual utility and
association shall have an annual energy-savings goal equivalent to 1.5 percent
of gross annual retail energy sales unless modified by the commissioner under
paragraph (d). The savings goals must be
calculated based on the most recent three-year weather normalized average. A utility or association may elect to
carry forward energy savings in excess of 1.5 percent for a year to the succeeding
three calendar years, except that savings from electric utility infrastructure
projects allowed under paragraph (d) may be carried forward for five
years. A particular energy savings can
be used only for one year's goal.
(c) The commissioner must adopt a
filing schedule that is designed to have all utilities and associations
operating under an energy-savings plan by calendar year 2010.
(d) In its energy conservation
improvement plan filing, a utility or association may request the commissioner
to adjust its annual energy-savings percentage goal based on its historical
conservation investment experience, customer class makeup, load growth, a
conservation potential study, or other factors the commissioner determines
warrants an adjustment. The commissioner
may not approve a plan that provides for an annual energy-savings goal of less
than one percent of gross annual retail energy sales from energy conservation
improvements.
A utility or association may include in its energy
conservation plan energy savings from electric utility infrastructure projects
approved by the commission under section 216B.1636 or waste heat recovery
converted into electricity projects that may count as energy savings in
addition to the minimum energy-savings goal of at least one percent for energy
conservation improvements. Electric
utility infrastructure projects must result in increased energy efficiency
greater than that which would have occurred through normal maintenance activity.
(e) An energy-savings goal is not
satisfied by attaining the revenue expenditure requirements of subdivisions 1a
and 1b, but can only be satisfied by meeting the energy-savings goal
established in this subdivision.
(f) An association or utility is
not required to make energy conservation investments to attain the
energy-savings goals of this subdivision that are not cost-effective even if
the investment is necessary to attain the energy-savings goals. For the purpose of this paragraph, in
determining cost-effectiveness, the commissioner shall consider the costs and
benefits to ratepayers, the utility, participants, and society. In addition, the commissioner shall consider
the rate at which an association or municipal utility is increasing its energy
savings and its expenditures on energy conservation.
(g) On an annual basis, the
commissioner shall produce and make publicly available a report on the annual
energy savings and estimated carbon dioxide reductions achieved by the energy
conservation improvement programs for the two most recent years for which data
is available. The commissioner shall
report on program performance both in the aggregate and for each entity filing
an energy conservation improvement plan for approval or review by the commissioner.
(h) By January 15, 2010, the commissioner
shall report to the legislature whether the spending requirements under
subdivisions 1a and 1b are necessary to achieve the energy-savings goals
established in this subdivision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2008, section 216B.241,
subdivision 5a, is amended to read:
Subd. 5a. Qualifying
solar energy project. (a) A utility
or association may include in its conservation plan programs for the
installation of qualifying solar energy projects as defined by section
216B.2411 to the extent of the spending allowed for generation projects by
section 216B.2411. The
cost-effectiveness of a qualifying solar energy project may be determined by a
different standard than for other energy conservation improvements under this
section if the commissioner determines it is in the public interest to do so to
encourage solar energy projects. Energy
savings from qualifying solar energy projects may not be counted toward the
minimum energy-savings goal of at least one percent for energy conservation
improvements required under subdivision 1c, but may, if the conservation plan
is approved:
(1) be counted toward energy
savings above that minimum percentage; and
(2) be considered when establishing
performance incentives under section 216B.241, subdivision 2c eligible
for a performance incentive under section 216B.16, subdivision 6c, or 216B.241,
subdivision 2c, that is distinct from the incentive for energy conservation and
is based on the competitiveness and cost-effectiveness of solar projects in
relation to other potential solar projects available to the utility.
(b) Qualifying solar energy
projects may not be considered when establishing demand-side management targets
under section 216B.2422, 216B.243, or any other section of this chapter.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 17. Minnesota Statutes 2008, section 216B.241, is
amended by adding a subdivision to read:
Subd. 5b. Biomethane
purchases. (a) A natural gas
utility may include in its conservation plan purchases of biomethane, and may
use up to five percent of the total amount to be spent on energy conservation
improvements under this section for that purpose. The cost-effectiveness of biomethane
purchases may be determined by a different standard than for other energy
conservation improvements under this section if the commissioner determines
that doing so is in the public interest in order to encourage biomethane
purchases. Energy savings from
purchasing biomethane may not be counted toward the minimum energy-savings goal
of at least one percent for energy conservation improvements required under
subdivision 1c, but may, if the conservation plan is approved:
(1) be counted toward energy
savings above that minimum percentage; and
(2) be considered when
establishing performance incentives under subdivision 2c.
(b) For the purposes of this
subdivision, "biomethane" means biogas produced through anaerobic
digestion of biomass, gasification of biomass, or other effective conversion
processes, that is cleaned and purified into biomethane that meets natural gas
utility quality specifications for use in a natural gas utility distribution
system.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2008, section 216B.241,
subdivision 9, is amended to read:
Subd. 9. Building
performance standards; Sustainable Building 2030. (a) The purpose of this subdivision is to
establish cost-effective energy-efficiency performance standards for new and
substantially reconstructed commercial, industrial, and institutional buildings
that can significantly reduce carbon dioxide emissions by lowering energy use
in new and substantially reconstructed buildings. For the purposes of this subdivision, the
establishment of these standards may be referred to as Sustainable Building
2030.
(b) The commissioner shall contract
with the Center for Sustainable Building Research at the University of
Minnesota to coordinate development and implementation of energy-efficiency
performance standards, strategic planning, research, data analysis, technology
transfer, training, and other activities related to the purpose of Sustainable
Building 2030. The commissioner and the
Center for Sustainable Building Research shall, in consultation with utilities,
builders, developers, building operators, and experts in building design and
technology, develop a Sustainable Building 2030 implementation plan that must
address, at a minimum, the following issues:
(1) training architects to
incorporate the performance standards in building design;
(2) incorporating the performance
standards in utility conservation improvement programs; and
(3) developing procedures for
ongoing monitoring of energy use in buildings that have adopted the performance
standards.
The plan must be submitted to the chairs and ranking
minority members of the senate and house of representatives committees with
primary jurisdiction over energy policy by July 1, 2009.
(c) Sustainable Building 2030
energy-efficiency performance standards must be firm, quantitative measures of
total building energy use and associated carbon dioxide emissions per square
foot for different building types and uses, that allow for accurate
determinations of a building's conformance with a performance standard. The energy-efficiency performance standards
must be updated every three or five years to incorporate all cost-effective
measures. The performance standards must
reflect the reductions in carbon dioxide emissions per square foot resulting
from actions taken by utilities to comply with the renewable energy standards
in section 216B.1691. The performance
standards should be designed to achieve reductions equivalent to the following
reduction schedule, measured against energy consumption by an average building
in each applicable building sector in 2003: (1) 60 percent in 2010; (2) 70
percent in 2015; (3) 80 percent in 2020; and (4) 90 percent in 2025. A performance standard must not be
established or increased absent a conclusive engineering analysis that it is
cost-effective based upon established practices used in evaluating utility
conservation improvement programs.
(d) The annual amount of the
contract with the Center for Sustainable Building Research is up to
$500,000. The Center for Sustainable
Building Research shall expend no more than $150,000 of this amount each year
on administration, coordination, and oversight activities related to
Sustainable Building 2030. The balance
of contract funds must be spent on substantive programmatic activities
allowed under this subdivision that may be conducted by the Center for
Sustainable Building Research and others, and for subcontracts with
not-for-profit energy organizations, architecture and engineering firms, and
other qualified entities to undertake technical projects and activities in
support of Sustainable Building 2030.
The primary work to be accomplished each year by qualified technical
experts under subcontracts is the development and thorough justification of
recommendations for specific energy-efficiency performance standards. Additional work may include:
(1) research, development, and
demonstration of new energy-efficiency technologies and techniques suitable for
commercial, industrial, and institutional buildings;
(2) analysis and evaluation of
practices in building design, construction, commissioning and operations, and
analysis and evaluation of energy use in the commercial, industrial, and
institutional sectors;
(3) analysis and evaluation of the
effectiveness and cost-effectiveness of Sustainable Building 2030 performance
standards, conservation improvement programs, and building energy codes;
(4) development and delivery of
training programs for architects, engineers, commissioning agents, technicians,
contractors, equipment suppliers, developers, and others in the building
industries; and
(5) analyze and evaluate the effect
of building operations on energy use.
(e) The commissioner shall require
utilities to develop and implement conservation improvement programs that are
expressly designed to achieve energy efficiency goals consistent with the
Sustainable Building 2030 performance standards. These programs must include offerings of
design assistance and modeling, financial incentives, and the verification of
the proper installation of energy-efficient design components in new and
substantially reconstructed buildings. A
utility's design assistance program must consider the strategic planting of
trees and shrubs around buildings as an energy conservation strategy for the
designed project. A utility making
an expenditure under its conservation improvement program that results in a
building meeting the Sustainable Building 2030 performance standards may
claim the energy savings toward its energy-savings goal established in
subdivision 1c.
(f) The commissioner shall report
to the legislature every three years, beginning January 15, 2010, on the cost-effectiveness
and progress of implementing the Sustainable Building 2030 performance
standards and shall make recommendations on the need to continue the program as
described in this section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2008, section 216B.2411,
subdivision 1, is amended to read:
Subdivision 1. Generation
projects. (a) Any municipality or
rural electric association providing electric service and subject to section
216B.241 may, and each public utility may, use five percent of the total amount
to be spent on energy conservation improvements under section 216B.241, on:
(1) projects in Minnesota to
construct an electric generating facility that utilizes eligible renewable
energy sources as defined in subdivision 2, such as methane or other
combustible gases derived from the processing of plant or animal wastes, biomass
fuels such as short-rotation woody or fibrous agricultural crops, or other
renewable fuel, as its primary fuel source;
(2) projects in Minnesota to
install a distributed generation facility of ten megawatts or less of
interconnected capacity that is fueled by natural gas, renewable fuels, or
another similarly clean fuel; or
(3) projects in Minnesota to
install a qualifying solar energy project as defined in subdivision 2.
(b) A municipality, rural
electric association, or public utility that offers a program to customers to
promote installing qualifying solar energy projects may request authority from
the commissioner to exceed the five percent limit in paragraph (a), but not to
exceed ten percent, to meet customer demand for installation of qualifying
solar energy projects. In considering
this request, the commissioner shall consider customer interest in qualifying
solar energy and the impact on other customers.
A municipality, rural electric association, or public utility may not
participate in a qualifying solar energy project on a property unless it is
provided evidence that all reasonable cost-effective conservation investments
have previously been made to the property.
For public utilities, as
defined under section 216B.02, subdivision 4, (c) For a municipality,
rural electric association, or public utility, projects under this section
must be considered energy conservation improvements as defined in section
216B.241. For cooperative electric
associations and municipal utilities, projects under this section must be
considered load-management activities described in section 216B.241,
subdivision 1.
Sec. 20. Minnesota Statutes 2008, section 216B.2411,
subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purposes of this section, the
terms defined in this subdivision and section 216B.241, subdivision 1, have the
meanings given them.
(b) "Eligible renewable energy
sources" means fuels and technologies to generate electricity through the
use of any of the resources listed in section 216B.1691, subdivision 1,
paragraph (a), except that the incineration of wastewater sludge is not an
eligible renewable energy source, "biomass" has the meaning provided
under paragraph (c), and "solar" must be from a qualified solar
energy project as defined in paragraph (d).
(c) "Biomass" includes:
(1) methane or other combustible
gases derived from the processing of plant or animal material;
(2) alternative fuels derived from
soybean and other agricultural plant oils or animal fats;
(3) combustion of barley hulls,
corn, soy-based products, or other agricultural products;
(4) wood residue from the wood
products industry in Minnesota or other wood products such as short-rotation
woody or fibrous agricultural crops;
(5) landfill gas;
(6) the predominantly organic
components of wastewater effluent, sludge, or related byproducts from publicly
owned treatment works; and
(7) mixed municipal solid waste, and
refuse-derived fuel from mixed municipal solid waste.
(d) "Qualifying solar energy
project" means a qualifying solar thermal project or qualifying solar
electric project.
(e) "Qualifying solar thermal
project" means a flat plate or evacuated tube that meets the requirements
of section 216C.25 with a fixed orientation that collects the sun's radiant
energy and transfers it to a storage medium for distribution as energy to heat
or cool air or water, but does not include equipment used to heat water at a
residential property (1) for domestic use if less than one-half of the energy
used for that purpose is derived from the sun or (2) for use in a hot tub or
swimming pool.
(f) "Qualifying solar electric
project" means:
(1) solar
electric equipment that: (i) meets the requirements of section 216C.25 with
a total; (ii) has a peak generating capacity of 100 kilowatts or
less; and (iii) is used for generating to generate
electricity primarily for use in a residential property or small
business to reduce the effective electric load for that residence or small
business, commercial, or publicly owned property or facility; and
(2) if applicable, equipment
that is used to store the electricity generated by a qualified solar electric
project under clause (1) and that is located proximate to the property or
facility using the electricity.
(g) "Residential property"
means the principal residence of a homeowner at the time the solar equipment is
placed in service.
(h) "Small
business" has the meaning given to it in section 645.445.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2008, section 216B.2412,
subdivision 2, is amended to read:
Subd. 2. Decoupling
criteria. The commission shall, by
order, establish criteria and standards for decoupling. The commission may establish these
criteria and standards in a separate proceeding or in a general rate case or
other proceeding in which it approves a pilot program, and shall design the
criteria and standards to mitigate the impact on
public utilities of the energy-savings
goals under section 216B.241 without adversely affecting utility
ratepayers. In designing the criteria,
the commission shall consider energy efficiency, weather, and cost of capital,
among other factors.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2008, section 216B.2424,
subdivision 5a, is amended to read:
Subd. 5a. Reduction
of biomass mandate. (a)
Notwithstanding subdivision 5, the biomass electric energy mandate must be
reduced from 125 megawatts to 110 megawatts.
(b) The Public Utilities Commission
shall approve a request pending before the commission as of May 15, 2003, for
amendments to and assignment of a power purchase agreement with the owner of a
facility that uses short-rotation, woody crops as its primary fuel previously
approved to satisfy a portion of the biomass mandate if the owner of the
project agrees to reduce the size of its project from 50 megawatts to 35
megawatts, while maintaining an average price for energy in nominal dollars
measured over the term of the power purchase agreement at or below $104 per
megawatt-hour, exclusive of any price adjustments that may take effect
subsequent to commission approval of the power purchase agreement, as amended. The commission shall also approve, as
necessary, any subsequent assignment or sale of the power purchase agreement or
ownership of the project to an entity owned or controlled, directly or
indirectly, by two municipal utilities located north of Constitutional Route No.
8, as described in section 161.114, which currently own electric and steam
generation facilities using coal as a fuel and which propose to retrofit their
existing municipal electrical generating facilities to utilize biomass fuels in
order to perform the power purchase agreement.
(c) If the power purchase agreement
described in paragraph (b) is assigned to an entity that is, or becomes, owned
or controlled, directly or indirectly, by two municipal entities as described
in paragraph (b), and the power purchase agreement meets the price requirements
of paragraph (b), the commission shall approve any amendments to the power
purchase agreement necessary to reflect the changes in project location and
ownership and any other amendments made necessary by those changes. The commission shall also specifically find
that:
(1) the power purchase agreement
complies with and fully satisfies the provisions of this section to the full
extent of its 35-megawatt capacity;
(2) all costs incurred by the
public utility and all amounts to be paid by the public utility to the project
owner under the terms of the power purchase agreement are fully recoverable
pursuant to section 216B.1645;
(3) subject to prudency review by
the commission, the public utility may recover from its Minnesota retail
customers the Minnesota jurisdictional portion of the amounts that may be
incurred and paid by the public utility during the full term of the power
purchase agreement; and
(4) if the purchase power agreement
meets the requirements of this subdivision, it is reasonable and in the
public interest.
(d) The commission shall
specifically approve recovery by the public utility of any and all Minnesota
jurisdictional costs incurred by the public utility to improve, construct,
install, or upgrade transmission, distribution, or other electrical facilities
owned by the public utility or other persons in order to permit interconnection
of the retrofitted biomass-fueled generating facilities or to obtain
transmission service for the energy provided by the facilities to the public
utility pursuant to section 216B.1645, and shall disapprove any provision in
the power purchase agreement that requires the developer or owner of the
project to pay the jurisdictional costs or that permit the public utility to
terminate the power purchase agreement as a result of the existence of those
costs or the public utility's obligation to pay any or all of those costs.
(e) Upon request by the
project owner, the public utility shall agree to amend the power purchase agreement
described in paragraph (b) and approved by the commission as required by
paragraph (c). The amendment must be
negotiated and executed within 45 days of the effective date of this section
and must apply to prices paid after January 1, 2009. The average price for energy in nominal
dollars measured over the term of the power purchase agreement must not exceed
$104 per megawatt hour by more than five percent. The public utility shall request approval of
the amendment by the commission within 30 days of execution of the amended
power purchase agreement. The amendment
is not effective until approval by the commission. The commission shall act on the amendment
within 90 days of submission of the request by the public utility. Upon approval of the amended power purchase
agreement, the commission shall allow the public utility to recover the costs
of the amended power purchase agreement, as provided in section 216B.1645.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2008, section 216B.243,
subdivision 8, is amended to read:
Subd. 8. Exemptions. This section does not apply to:
(1) cogeneration or small power
production facilities as defined in the Federal Power Act, United States Code,
title 16, section 796, paragraph (17), subparagraph (A), and paragraph (18),
subparagraph (A), and having a combined capacity at a single site of less than
80,000 kilowatts; plants or facilities for the production of ethanol or fuel
alcohol; or any case where the commission has determined after being advised by
the attorney general that its application has been preempted by federal law;
(2) a high-voltage transmission
line proposed primarily to distribute electricity to serve the demand of a
single customer at a single location, unless the applicant opts to request that
the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage
of an existing transmission line that serves the demand of a single customer
that primarily uses existing rights-of-way, unless the applicant opts to
request that the commission determine need under this section or section
216B.2425;
(4) a high-voltage transmission
line of one mile or less required to connect a new or upgraded substation to an
existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source
of an existing electric generating plant to using natural gas; or
(6) the modification of an existing
electric generating plant to increase efficiency, as long as the capacity of
the plant is not increased more than ten percent or more than 100 megawatts,
whichever is greater; or
(7) a large energy facility
that (i) generates electricity from wind energy conversion systems, (ii) will
serve retail customers in Minnesota, (iii) is specifically intended to be used
to meet the renewable energy objective under section 216B.1691 or addresses a
resource need identified in a current commission-approved or
commission-reviewed resource plan under section 216B.2422, and (iv) derives at
least ten percent of the total nameplate capacity of the proposed project from
one or more C-BED projects, as defined under section 216B.1612, subdivision 2,
paragraph (f).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2008, section 216B.243,
subdivision 9, is amended to read:
Subd. 9. Renewable
energy standard facilities. The
requirements of This section do does not apply to a wind
energy conversion system or a solar electric generation facility that is
intended to be used to meet or exceed the obligations of section
216B.1691; provided that, after notice and comment, the commission determines
that the facility is a reasonable and prudent approach to meeting a utility's
obligations under that section. When
making this determination, the commission may must consider:
(1) the size
of the facility relative to a utility's total need for renewable resources and;
(2) alternative
approaches for supplying the renewable energy to be supplied by the proposed
facility, and must consider;
(3) the
facility's ability to promote economic development, as required under section
216B.1691, subdivision 9,;
(4) the facility's ability
to maintain electric system reliability and consider;
(5) impacts on
ratepayers,; and
(6) other
criteria as the commission may determine are relevant.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2008, section 216B.62,
subdivision 3, is amended to read:
Subd. 3. Assessing
all public utilities. The department
and commission shall quarterly, at least 30 days before the start of each
quarter, estimate the total of their expenditures in the performance of their
duties relating to (1) public utilities under section 216A.085, sections
216B.01 to 216B.67, other than amounts chargeable to public utilities under
subdivision 2 or, 6, or 7 and (2) alternative energy
engineering activity under section 216C.261.
The remainder, except the amount assessed against cooperatives and
municipalities for alternative energy engineering activity under subdivision 5,
shall be assessed by the commission and department 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. The assessment shall be
paid into the state treasury within 30 days after the bill has been transmitted
via mail, personal delivery, or electronic service to the several public
utilities, which shall constitute notice of the assessment and demand of
payment thereof. The total amount which
may be assessed to the public utilities, under authority of this subdivision,
shall not exceed one-sixth of one percent of the total gross operating revenues
of the public utilities during the calendar year from retail sales of gas or
electric service within the state. The
assessment for the third quarter of each fiscal year shall be adjusted to
compensate for the amount by which actual expenditures by the commission and
department for the preceding fiscal year were more or less than the estimated
expenditures previously assessed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 26. Minnesota Statutes 2008, section 216B.62,
subdivision 4, is amended to read:
Subd. 4. Objections. Within 30 days after the date of the
transmittal of any bill as provided by subdivisions 2 and, 3, and
7 the public utility against which the bill has been rendered may file with
the commission objections setting out the grounds upon which it is claimed the
bill is excessive, erroneous, unlawful or invalid. The commission shall within 60 days hold a
hearing and issue an order in accordance with its findings. The order shall be appealable in the same
manner as other final orders of the commission.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 27. Minnesota Statutes 2008, section 216B.62, is
amended by adding a subdivision to read:
Subd. 7. Audit
investigation costs. The
audit investigation account is created as a separate account in the special
revenue fund in the state treasury. If
the commission, in a proceeding upon its own motion, on complaint, or upon an
application to it, determines that it is necessary, in order to carry out its
duties imposed under this chapter or chapter 216, 216A, 216E, 216F, or 216G, to
conduct an investigation or audit of any public utility operations, practices,
or policies requiring specialized technical professional investigative services
for the inquiry, the commission may request the commissioner of commerce to
seek authority from the commissioner of finance to incur costs reasonably
attributable to the specialized services.
If the investigation or audit is approved by the commissioner of
finance, the commissioner of commerce shall carry out the investigation in the
manner directed by the commission and shall render separate bills to the public
utility for the costs incurred for such technical professional investigative
services. The bill constitutes notice of
the assessment and demand for payment.
The amount assessed must be paid by the public utility to the commissioner
of commerce within 30 days after the date of assessment. Money received under this subdivision must be
deposited in the state treasury and credited to the audit investigation
account, and is appropriated to the commissioner of commerce for the purposes
of this subdivision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 28. [216C.054]
ANNUAL TRANSMISSION ADEQUACY REPORT TO LEGISLATURE.
The commissioner of
commerce, in consultation with the Public Utilities Commission, shall annually
by January 15 submit a written report to the chairs and the ranking
minority members of the legislative committees with primary jurisdiction over
energy policy that contains a narrative describing what electric transmission infrastructure
is needed within the state over the next 15 years and what specific progress is
being made to meet that need. To the
extent possible, the report must contain a description of specific transmission
needs and the current status of proposals to address that need. The report must identify any barriers to
meeting transmission infrastructure needs and make recommendations, including
any legislation, that are necessary to overcome those barriers. The report must be based on the best
available information and must describe what assumptions are made as the basis
for the report. If the commissioner
determines that there are difficulties in accurately assessing future
transmission infrastructure needs, the commissioner shall explain those
difficulties as part of the report. The
commissioner is not required to conduct original research to support the
report. The commissioner may utilize
information the commissioner, the commission, and the Office of Energy Security
possess and utilize in carrying out their existing statutory duties related to
the state's transmission infrastructure.
The report must be in easily understood, nontechnical terms.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. [216C.055]
KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN PRODUCING THERMAL ENERGY.
The annual legislative
proposals required to be submitted by the commissioners of commerce and the
Pollution Control Agency under section 216H.07, subdivision 4, must include
proposals regarding the use of solar energy and the combustion of grasses,
agricultural wastes, trees, and other vegetation to produce thermal energy for
heating commercial, industrial, and residential buildings and for industrial
processes if the commissioners determine that such policies are appropriate to
achieve the state's greenhouse gas emissions reduction goals. No legal claim against any person is allowed
under this section. This section does
not apply to the combustion of municipal solid waste or refuse-derived fuel to
produce thermal energy. For purposes of
this section, removal of woody biomass from publicly owned forests must be
consistent with the principles of sustainable forest management.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 30. Minnesota Statutes 2008, section 216C.11, is
amended to read:
216C.11 ENERGY CONSERVATION INFORMATION CENTER.
The commissioner shall establish an
Energy Information Center in the department's offices in St. Paul. The information center shall maintain a
toll-free telephone information service and disseminate printed materials on
energy conservation topics, including but not limited to, availability of loans
and other public and private financing methods for energy conservation physical
improvements, the techniques and materials used to conserve energy in
buildings, including retrofitting or upgrading insulation and installing
weatherstripping, the projected prices and availability of different sources of
energy, and alternative sources of energy.
The Energy Information Center shall
serve as the official Minnesota Alcohol Fuels Information Center and shall
disseminate information, printed, by the toll-free telephone information
service, or otherwise on the applicability and technology of alcohol fuels.
The information center shall
include information on the potential hazards of energy conservation techniques
and improvements in the printed materials disseminated. The commissioner shall not be liable for
damages arising from the installation or operation of equipment or materials
recommended by the information center.
The information center shall use
the information collected under section 216C.02, subdivision 1, to maintain a
central source of information on conservation and other energy-related
programs, including both programs required by law or rule and programs developed
and carried on voluntarily. In
particular, the information center shall compile and maintain information on
policies covering disconnections or denials of fuel during cold weather adopted
by public utilities and other fuel suppliers not governed by Minnesota
Rules, parts 7820.1500 to 7820.2300 section 216B.096 or 216B.097,
including the number of households disconnected or denied fuel and the duration
of the disconnections or denials.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 31. Minnesota Statutes 2008, section 216C.41,
subdivision 5a, is amended to read:
Subd. 5a. Renewable
development account. The Department
of Commerce shall authorize payment of the renewable energy production
incentive to wind energy conversion systems for 200 megawatts of nameplate
capacity and that are eligible under this section or Laws 2005, chapter
40, to on-farm biogas recovery facilities, and to hydroelectric
facilities. Payment of the incentive
shall be made from the renewable energy development account as provided under
section 116C.779, subdivision 2.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 32. NATURAL
GAS UTILITIES; INTERIM ENERGY SAVINGS PLAN.
(a) The commissioner of
commerce may approve an energy conservation improvement plan under Minnesota
Statutes, section 216B.241, subdivision 1c, paragraph (d), that:
(1) is submitted to the
commissioner in calendar year 2009 by a utility that provides natural gas
service at retail;
(2) governs the conservation
improvements to be undertaken by the utility over the next three-year time
period; and
(3) is accompanied by a
study that specifies how the utility may:
(i) average savings of at
least 0.75 percent over the three years following submission of the plan;
(ii) meet and exceed the
minimum energy savings goal of one percent of gross annual retail sales within
five years of submission of the plan; and
(iii) achieve average annual
savings of at least one percent over years four through nine following
submission of the plan.
(b) The plan must include
projections of the total amount spent by the utility to achieve energy savings
each year and the cost per unit of energy saved.
(c) Nothing in this section
precludes the commissioner from requiring additional energy conservation
improvement activities and programs beyond those proposed by a utility in its
proposed plan so long as those additional activities and programs meet the
requirements of Minnesota Statutes, section 216B.241. The commissioner shall require all reasonable
actions by a utility that will increase the likelihood of the utility's meeting
and exceeding the minimum one percent energy savings goal and the 1.5 percent goal
as soon as reasonably feasible.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 33. UTILITY
RATES STUDY.
The Public Utilities
Commission, in consultation with the Office of Energy Security, shall conduct a
study of automatic cost-recovery mechanisms and alternative forms of utility
rate regulation. This study shall
include an assessment of the impact of automatic cost-recovery mechanisms on
prices charged to utility consumers compared to traditional cost-recovery
mechanisms, an assessment of the impact of automatic recovery mechanisms on the
level of customer understanding of utility rates compared to traditional
cost-recovery mechanisms, and an assessment of alternative forms of utility
rate regulation that may be used in place of automatic cost-recovery
mechanisms. The study shall also address
methods to improve administration and customer understanding of automatic
cost-recovery mechanisms. The commission
shall submit this report to the legislature on or before June 30,
2010. The commission may assess public
utilities for the cost of the study. The
assessment is not subject to a cap on assessments provided by section 216B.62
or any other law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 34. MOUNTAIN
IRON ECONOMIC DEVELOPMENT AUTHORITY; WIND ENERGY PROJECT.
(a) The Mountain Iron
Economic Development Authority may form or become a member of a limited
liability company organized under Minnesota Statutes, chapter 322B, for the
purpose of developing a community-based energy development project pursuant to
Minnesota Statutes, section 216B.1612. A
limited liability company formed or joined under this section is subject to the
open meeting requirements established in Minnesota Statutes,
chapter 13D. A project authorized
by this section may not sell, transmit, or distribute the electrical energy at
retail or provide for end use of the electricity to an off-site facility of the
economic development corporation or the limited liability company. Nothing in this section modifies the
exclusive service territories or exclusive right to serve as provided in
Minnesota Statutes, sections 216B.37 to 216B.43.
(b) The authority may
acquire a leasehold interest in property outside its corporate boundaries for
the purpose of developing a community-based energy development project as
provided in Minnesota Statutes, section 216B.1612.
EFFECTIVE DATE. This
section is effective the day after the city of Mountain Iron and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 35. SOLAR
CITIES REPORT.
The cities of Minneapolis
and St. Paul, designated as solar cities under the federal Department of
Energy's Solar America Initiative, shall, by October 1, 2009, and October 1,
2010, submit a report to the cochairs of the Legislative Energy Commission
containing strategies to accelerate the rate of solar thermal and solar
electric energy installations in all building types throughout the state. The report must, at a minimum, address the
following issues:
(1) identify legal,
administrative, financial, and operational barriers to increasing the
installation of solar energy, and measures to overcome them;
(2) identify financial and
regulatory mechanisms that stimulate the development of solar energy;
(3) identify ways to link
solar energy development with energy conservation and energy efficiency
strategies and programs;
(4) how efforts and
initiatives undertaken by St. Paul and Minneapolis can be integrated with
activities undertaken in other parts of the state; and
(5) how projected trends in
solar technologies and the costs of solar generation can be integrated into the
state's strategy to advance adoption of solar energy.
In preparing these reports,
the cities may confer with any person whose experience and expertise will
assist in preparing the reports, including utilities, businesses providing
solar energy installation services, nonprofit organizations promoting solar
energy, and others.
Sec. 36. CANCELLATION
AND APPROPRIATION.
(a) Of the amount remaining
from the appropriation to the commissioner of commerce to provide competitive,
cost-share grants to fund renewable energy research in this state under Laws
2007, chapter 57, article 2, section 3, subdivision 6, $750,000 is canceled to
the special revenue fund.
(b) $750,000 in fiscal year
2010 is appropriated from the special revenue fund to the commissioner of
commerce for a onetime grant to BioBusiness Alliance of Minnesota for
bioscience business development programs to promote and position the state as a
global leader in bioscience business activities. These funds may be used to create, recruit,
retain, and expand biobusiness activity in Minnesota; implement the destination
2025 statewide plan; update a statewide assessment of the bioscience industry
and the competitive position of Minnesota-based bioscience businesses relative
to other states and other nations; and develop and implement business and
scenario-planning models to create, recruit, retain, and expand biobusiness
activity in Minnesota.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 37. REVISOR'S
INSTRUCTION.
(a) The revisor of statutes
shall replace the phrase "parts 7820.1500 to 7820.2300" in Minnesota
Rules, part 7826.0200, with the phrase "Minnesota Statutes, sections
216B.096 and 216B.097."
(b) The revisor of statutes
shall replace the phrase "chapter 7820" in Minnesota Rules, part
7826.1500, item B, with the phrase "Minnesota Statutes, sections 216B.096
and 216B.097."
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 38. REPEALER.
Laws 2007, chapter 3,
section 3, is repealed."
Delete the title and insert:
"A bill for an act relating to
energy; providing for energy conservation; regulating utilities and utility
rates; modifying or adding provisions relating to renewable energy production
incentives and initiatives, high-voltage transmission lines, central corridor
utility zone cost adjustments, contracts, renewable energy purchases,
decoupling criteria, certain appraisal fees, energy conservation, utility costs
and refunds, renewable and high-efficiency energy rate options, solar energy,
utility energy savings, biomethane purchases, Sustainable Building 2030,
certificate of need exemptions, energy facilities, renewable development
account, and Mountain Iron Economic Development Authority; providing for audit
investigation costs and appropriating money; requiring studies, legislative
reports and proposals; cancelling appropriations; appropriating money; amending
Minnesota Statutes 2008, sections 116C.779, subdivision 2, by adding a
subdivision; 117.189; 216A.03, subdivision 6, by adding a subdivision; 216B.16,
subdivisions 2, 6c, 7b, by adding a subdivision; 216B.1645, subdivision 2a;
216B.169, subdivision 2; 216B.1691, subdivision 2a; 216B.23, by adding a
subdivision; 216B.241, subdivisions 1c, 5a, 9, by adding a subdivision;
216B.2411, subdivisions 1, 2; 216B.2412, subdivision 2; 216B.2424, subdivision
5a; 216B.243, subdivisions 8, 9; 216B.62, subdivisions 3, 4, by adding a
subdivision; 216C.11; 216C.41, subdivision 5a; proposing coding for new law in
Minnesota Statutes, chapters 216B; 216C; repealing Laws 2007, chapter 3,
section 3."
We request the adoption of this report and repassage
of the bill.
Senate Conferees: Yvonne
Prettner Solon, John Doll, D. Scott Dibble and Dan Sparks.
House Conferees: Bill
Hilty, Andrew Falk, Sheldon Johnson and Jeremy Kalin.
Hilty moved that
the report of the Conference Committee on S. F. No. 550 be
adopted and that the bill be repassed as amended by the Conference
Committee. The motion prevailed.
CALL OF THE HOUSE
On the motion of Seifert and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Carlson
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hayden
Hilty
Holberg
Hornstein
Hortman
Howes
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
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
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.
S. F. No. 550, A bill for an act relating
to energy; providing for energy conservation; regulating utility rates;
removing prohibition on issuing certificate of need for new nuclear power
plant; providing for various Legislative Energy Commission studies; regulating
utilities; amending Minnesota Statutes 2008, sections 216A.03, subdivision 6,
by adding a subdivision; 216B.16, subdivisions 2, 6c, 7b, by adding a
subdivision; 216B.1645, subdivision 2a; 216B.169, subdivision 2; 216B.1691,
subdivision 2a; 216B.23, by adding a subdivision; 216B.241, subdivisions 1c,
5a, 9; 216B.2411, subdivisions 1, 2; 216B.2424, subdivision 5a; 216B.243,
subdivisions 3b, 8, 9; 216C.11; proposing coding for new law in Minnesota
Statutes, chapter 216C; repealing Laws 2007, chapter 3, section 3.
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 95 yeas and 36 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Mack
Magnus
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
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.
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 Sertich.
Scalze was excused for the remainder of
today's session.
MESSAGES
FROM THE SENATE, Continued
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. 1760, A bill for an act relating to human services;
changing provisions for long-term care, adverse health care events, suicide
prevention, doula services, developmental disabilities, mental health
commitment, alternative care services, self-directed options, nursing
facilities, ICF/MR facilities, and data management; requiring a safe patient
handling plan; establishing a health department work group and an Alzheimer's
disease work group; amending Minnesota Statutes 2008, sections 43A.318,
subdivision 2; 62Q.525, subdivision 2; 144.7065, subdivisions 8, 10; 145.56,
subdivisions 1, 2; 148.995, subdivisions 2, 4; 182.6551; 182.6552, by adding a
subdivision; 252.27, subdivision 1a; 252.282, subdivisions 3, 5; 253B.095,
subdivision 1; 256B.0657, subdivision 5; 256B.0913, subdivisions 4, 5a, 12;
256B.0915, subdivision 2; 256B.431, subdivision 10; 256B.433, subdivision 1;
256B.441, subdivisions 5, 11; 256B.5011, subdivision 2; 256B.5012, subdivisions
6, 7; 256B.5013, subdivisions 1, 6; 256B.69, subdivision 9b; 403.03; 626.557,
subdivision 12b; proposing coding for new law in Minnesota Statutes, chapter
182; repealing Minnesota Statutes 2008, section 256B.5013, subdivisions 2, 3,
5.
The Senate has appointed as such committee:
Senators Lourey, Marty, Higgins, Prettner Solon and
Fischbach.
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 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. 2251, A bill for an act relating to state
government finance; providing federal stimulus oversight funding for certain
state agencies; establishing a fiscal stabilization account; appropriating
money.
The Senate has appointed as such committee:
Senators Cohen, Clark, Berglin, Pappas and Frederickson.
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 refuses
to concur in the House amendments to the following Senate File:
S. F. No. 722, A bill for an act relating to public
safety; requiring that information on persons civilly committed, found not
guilty by reason of mental illness, or incompetent to stand trial be
transmitted to the federal National Instant Criminal Background Check System;
authorizing certain persons prohibited under state law from possessing a
firearm to petition a court for restoration of this right; amending Minnesota
Statutes 2008, section 624.713, subdivision 1, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 253B.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The
Senate has appointed as such committee:
Senators Kelash, Moua 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
Lesch 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. 722. 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. 1331, A bill for an act relating to
elections; moving the state primary from September to June and making
conforming changes; updating certain ballot and voting system requirements;
changing certain election administration provisions; authorizing early voting;
expanding requirements and authorizations for postsecondary institutions to
report resident student information to the secretary of state for voter
registration purposes; changing certain absentee ballot requirements and
provisions; requiring a special election for certain vacancies in nomination;
changing the special election requirements for
vacancies in Congressional offices; requiring an affidavit of candidacy to
state the candidate's residence address and telephone number; changing
municipal precinct and ward boundary requirements for certain cities; imposing
additional requirements on polling place challengers; changing certain caucus
and campaign provisions; amending Minnesota Statutes 2008, sections 10A.31,
subdivision 6; 10A.321; 10A.322, subdivision 1; 10A.323; 103C.305, subdivisions
1, 3; 135A.17, subdivision 2; 201.016, subdivisions 1a, 2; 201.022, subdivision
1; 201.056; 201.061, subdivisions 1, 3; 201.071, subdivision 1; 201.091, by
adding a subdivision; 201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.001;
203B.01, by adding a subdivision; 203B.02, subdivision 3; 203B.03, subdivision
1; 203B.04, subdivisions 1, 6; 203B.05; 203B.06, subdivisions 3, 5; 203B.07,
subdivisions 2, 3; 203B.08, subdivisions 2, 3, by adding a subdivision;
203B.081; 203B.085; 203B.11, subdivision 1; 203B.12; 203B.125; 203B.16,
subdivision 2; 203B.17, subdivision 1; 203B.19; 203B.21, subdivision 2;
203B.22; 203B.225, subdivision 1; 203B.227; 203B.23, subdivision 2; 203B.24,
subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 204B.06, by adding a
subdivision; 204B.07, subdivision 1; 204B.09, subdivisions 1, 3; 204B.11,
subdivision 2; 204B.13, subdivisions 1, 2, by adding subdivisions; 204B.135,
subdivisions 1, 3, 4; 204B.14, subdivisions 2, 3, 4, by adding a subdivision;
204B.16, subdivision 1; 204B.18; 204B.21, subdivision 1; 204B.22, subdivisions
1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, subdivision 2; 204B.33;
204B.35, subdivision 4; 204B.44; 204B.45, subdivision 2; 204B.46; 204C.02;
204C.04, subdivision 1; 204C.06, subdivision 1; 204C.07, subdivisions 3a, 4;
204C.08; 204C.10; 204C.12, subdivision 2; 204C.13, subdivisions 2, 3, 5, 6;
204C.17; 204C.19, subdivision 2; 204C.20, subdivisions 1, 2; 204C.21; 204C.22,
subdivisions 3, 4, 6, 7, 10, 13; 204C.24, subdivision 1; 204C.25; 204C.26;
204C.27; 204C.28, subdivision 3; 204C.30, by adding subdivisions; 204C.33,
subdivisions 1, 3; 204C.35, subdivisions 1, 2, by adding a subdivision;
204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03, subdivisions 1, 3; 204D.04,
subdivision 2; 204D.05, subdivision 3; 204D.07; 204D.08; 204D.09, subdivision
2; 204D.10, subdivisions 1, 3; 204D.11, subdivision 1; 204D.12; 204D.13;
204D.16; 204D.165; 204D.17; 204D.19; 204D.20, subdivision 1; 204D.25,
subdivision 1; 205.065, subdivisions 1, 2; 205.07, by adding a subdivision;
205.075, subdivision 1; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions 2,
3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185, subdivision 3, by adding a
subdivision; 205.84, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.05,
subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07, subdivisions 2, 3;
205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3, by adding a
subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57, subdivision
6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86, subdivision 6;
206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03; 208.04;
211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions 1, 2; 412.02,
subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6; 414.0325,
subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4; Laws 2005,
chapter 162, section 34, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A; repealing
Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 5;
203B.10; 203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25;
204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3;
204B.36; 204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision 3;
204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, subdivisions
1, 2; 204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 204D.14,
subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28; 205.17,
subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions
1, 6, 7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7,
8; 206.91; Minnesota Rules, part 8230.4365, subpart 5.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The
Senate has appointed as such committee:
Senators Sieben, Rest, Pappas, Higgins and Bonoff.
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
Winkler 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. 1331. 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. 1503, A bill for an act relating to human
services; changing child welfare provisions; modifying provisions governing
adoption records; amending Minnesota Statutes 2008, sections 13.46, subdivision
2; 256.01, subdivision 14b; 259.52, subdivisions 2, 6; 259.89, subdivisions 1,
2, 4, by adding a subdivision; 260.012; 260.93; 260B.007, subdivision 7;
260B.157, subdivision 3; 260B.198, subdivision 1; 260C.007, subdivisions 18,
25; 260C.151, subdivisions 1, 2, 3, by adding a subdivision; 260C.163, by
adding a subdivision; 260C.175, subdivision 1; 260C.176, subdivision 1;
260C.178, subdivisions 1, 3; 260C.201, subdivisions 1, 3, 5, 11; 260C.209,
subdivision 3; 260C.212, subdivisions 1, 2, 4, 4a, 5, 7; 260D.02, subdivision
5; 260D.03, subdivision 1; 260D.07; 484.76, subdivision 2; Laws 2008, chapter
361, article 6, section 58; proposing coding for new law in Minnesota Statutes,
chapter 260C; repealing Minnesota Statutes 2008, section 260C.209, subdivision
4.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The
Senate has appointed as such committee:
Senators Torres Ray, Moua 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
Hosch 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. 1503. The
motion prevailed.
CALENDAR FOR
THE DAY
S. F. No. 1436, A bill for an act relating
to human services; modifying provisions relating to the Minnesota sex offender
program; creating additional oversight to the Minnesota sex offender program;
creating a client grievance process; allowing access to the statewide
supervision system; making changes to the vocational work program; requiring a
report; imposing criminal penalties; amending Minnesota Statutes 2008, sections
13.04, by adding a subdivision; 16C.10, subdivision 5; 168.012, subdivision 1;
241.065, subdivision 2; 246B.01, by adding subdivisions; 246B.02; 246B.03;
246B.04, by adding a subdivision; 246B.05; 246B.06; 609.485, subdivisions 2, 4;
proposing coding for new law in Minnesota Statutes, chapter 246B.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed and its title agreed
to.
H. F. No. 702 was reported
to the House.
Hilstrom
moved to amend H. F. No. 702, the first engrossment, as follows:
Page 1,
after line 5, insert:
"Section
1. [16A.89]
PILOT PROJECT TO STUDY AND REPORT ON MONEY USED TO SUPPORT CHILDREN.
Subdivision
1. Resource map. (a)
After soliciting public input as required by paragraph (b), the commissioner
shall use existing resources available to the department to design and oversee
a pilot project to map all state expenditures, regardless of source, that serve
the primary function of supporting the health, safety, stability, growth,
development, and education of children in this state. For purposes of this section, "children"
includes individuals under 21 years of age.
(b) The
commissioner shall solicit public input regarding the resource mapping required
by this section by providing public notice of the mapping project and
subsequent revisions on the Department of Finance Web site. The commissioner shall provide an opportunity
for members of the public to provide suggestions for the design and development
of the project. In particular, the
commissioner shall seek suggestions and comments from individuals who have
conducted relevant research at higher education institutions and from
individuals with relevant experience at nonprofit institutions and foundations.
(c) The
resource mapping must include, but is not limited to:
(1) an
inventory of all federal and state funding sources that support children in
this state, including prenatal services for pregnant women, grouped in a manner
that would assist the legislature in determining whether there are overlapping
programs that lead to duplication within the state, gaps in service delivery,
and any administrative inefficiencies generally; and
(2) a
description of the manner in which the money is being used within the agencies
or organizations, the performance measures in place to assess the use of the
money, and the intended outcomes of the programs and services, to the extent
this information is available.
Subd. 2. Updates. As part of the report required under
subdivision 4, the commissioner shall provide a description of the experience
gained from the pilot project, including any necessary draft legislation
regarding possible updates and enhancements to the map of the money used to
support children in the state, and an opinion regarding the potential for
expanding resource mapping to other areas of the state budget.
Subd. 3. Agency
assistance. Upon request,
each state department or agency shall provide assistance to the commissioner
for the purposes of this section.
Subd. 4. Report. By January 15, 2010, the commissioner
shall report to the legislative committees and budget divisions with
jurisdiction over children, family security, education, health, human services,
housing, public safety, corrections, and the judiciary by providing an
electronic version of the executive summary included in the report required by
this subdivision. The report must be
available online.
EFFECTIVE DATE. This section is effective July 1, 2009."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
H. F. No. 702, A bill for an act relating
to public safety; authorizing a pilot project to map state expenditures on
children for various purposes; requiring a study on the collection and
reporting of summary data relating to decisions that affect a child's status
within the juvenile justice system; proposing coding for new law in Minnesota
Statutes, chapter 16A.
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 123 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Dettmer
Drazkowski
Emmer
Gottwalt
Hackbarth
Peppin
Zellers
The bill was passed, as amended, and its
title agreed to.
H. F. No. 1728, A bill for an act relating
to human services; amending child care programs, program integrity, and adult
supports including general assistance medical care and group residential
housing; amending Minnesota Statutes 2008, sections 119B.011, subdivision 3;
119B.08, subdivision 2; 119B.09, subdivision 1; 119B.12, subdivision 1;
119B.13, subdivision 6; 119B.15; 119B.231, subdivision 3; 256.014, subdivision
1; 256.0471, subdivision 1, by adding a subdivision; 256D.01, subdivision 1b;
256D.44, subdivision 3; 256I.04, subdivisions 2a, 3; 256I.05, subdivision
1k.
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 108 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Dill
Dittrich
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
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
Rukavina
Ruud
Sailer
Sanders
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Buesgens
Demmer
Dettmer
Doepke
Drazkowski
Eastlund
Emmer
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kiffmeyer
Kohls
Magnus
Peppin
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Zellers
The bill was passed and its title agreed
to.
H. F. No. 384, A bill for an act relating
to health; requiring a study to simplify health care administrative
transactions via electronic data exchange.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
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
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
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
Those who voted in the negative were:
Anderson, B.
Buesgens
Emmer
Hackbarth
The bill was passed and its title agreed
to.
H. F. No. 1328, A bill for an act relating
to public health; addressing youth violence as a public health problem;
coordinating and aligning prevention and intervention programs addressing risk
factors of youth violence; proposing
coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 133 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 1744 was reported to the House.
Hilty moved to amend H. F.
No. 1744, the third engrossment, as follows:
Page 1, line 15, delete
"adopted" and insert "developed and required"
and after "16E.03" insert ", subdivision 9"
Page 1, delete section 2 and
insert:
"Sec. 2. Minnesota Statutes 2008, section 16C.03,
subdivision 4, is amended to read:
Subd. 4. Contracting
authority. The commissioner shall
conduct all contracting by, for, and between agencies and perform all contract
management and review functions for contracts, except those functions
specifically delegated to be performed by the contracting agency, the attorney
general, or otherwise provided for by law.
The commissioner may require that agency staff participate in the
development of enterprise procurements including the development of product
standards, the application of accessibility standards, specifications,
and other requirements."
Page 7, line 15, after the
second comma, insert "accessibility,"
Page 7, lines 18 to 19,
delete the new language
Page 8, delete section 12
Page 9,
line 17, after "evaluation" insert "or certification"
Page 9,
line 18, delete "information" and delete "systems"
Page 9,
delete lines 19 and 20 and insert:
"(2)
recommend an exception process and thresholds for any deviation from the
accessibility standards;"
Page 9,
line 21, delete "provide" and insert "identify"
and delete "disabled" and after "Minnesotans"
insert "with disabilities"
Page 9,
line 22, before "training" insert "resources for"
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
H. F. No. 1744, A bill for an act relating
to government operations; creating technology accessibility standards for the
state; establishing the advisory committee for technology standards for
accessibility and usability; requiring a report; appropriating money; amending
Minnesota Statutes 2008, sections 16C.02, by adding a subdivision; 16C.03,
subdivision 4; 16C.08, subdivision 2; 16E.01, subdivisions 1a, 3; 16E.02,
subdivision 1; 16E.03, subdivisions 2, 4, by adding subdivisions; 16E.07,
subdivision 1; Laws 2009, chapter 37, article 2, section 3, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 16E.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
H. F. No. 927 was reported to the House.
Mahoney moved to amend H. F.
No. 927, the fourth engrossment, as follows:
Page 14, after line 2,
insert:
"Sec. 22. CERTAIN
MUNICIPAL BUILDING ORDINANCES NOT PREEMPTED BY STATE BUILDING CODE.
Subdivision 1. Continued
enforcement of municipal ordinances.
If a municipality has adopted a housing, property maintenance, or
rental licensing ordinance that regulates components or systems of a structure
that are in addition to but do not conflict with provisions of the State
Building Code, then the municipality may continue to enforce the ordinance
until August 1, 2010, if the ordinance was effective before May 15, 2008.
Subd. 2. Advisory
committee to review municipal ordinances; report to legislature. By August 1, 2009, the Department of Labor
and Industry shall establish an advisory committee of interested parties to
review the municipal ordinances exempted by subdivision 1 from preemption by
the State Building Code. By
February 1, 2010, the Department of Labor and Industry shall provide
a report to the chairs and ranking minority members of the legislative
committees that have jurisdiction over construction codes that shall address
statutory or rule amendments necessary to address thresholds of safety criteria
applied to existing buildings through local ordinances.
EFFECTIVE DATE. This section is effective the day
following final enactment and expires August 1, 2010."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
CALL OF THE HOUSE
On the motion of Zellers 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
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Mullery
Murdock
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scott
Seifert
Sertich
Shimanski
Simon
Slawik
Slocum
Sterner
Swails
Thissen
Urdahl
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Seifert 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.
Speaker pro tempore Sertich called Juhnke
to the Chair.
Zellers
moved to amend the Mahoney amendment to H. F. No. 927, the fourth engrossment,
as follows:
Page 1, line
3, delete "CERTAIN MUNICIPAL
BUILDING ORDINANCES NOT" and insert "REPORT."
Page 1,
delete lines 4 to 9
Page 1,
delete lines 10 to 12
Page 1,
delete line 13, and insert:
"By
February 1, 2010, the"
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 amendment to
the amendment and the roll was called.
Rukavina moved that those not voting be
excused from voting. The motion
prevailed.
There were 56 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
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
Magnus
McFarlane
McNamara
Murdock
Newton
Nornes
Norton
Paymar
Peppin
Poppe
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
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
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Reinert
Rukavina
Ruud
Sailer
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Mahoney
amendment and the roll was called. There
were 73 yeas and 60 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
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Obermueller
Olin
Otremba
Pelowski
Persell
Poppe
Reinert
Rukavina
Ruud
Sailer
Sertich
Simon
Slocum
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
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morgan
Murdock
Newton
Nornes
Norton
Paymar
Peppin
Peterson
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Solberg
Sterner
Swails
Torkelson
Urdahl
Westrom
Zellers
The motion prevailed and the amendment was
adopted.
CALL OF THE HOUSE LIFTED
Morrow moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
H. F. No. 927, A bill for an act relating
to labor and industry; modifying construction codes and licensing; exempting
certain municipal building ordinances; requiring rulemaking; amending Minnesota
Statutes 2008, sections 326B.082, subdivision 12; 326B.084; 326B.121, by adding
a subdivision; 326B.43, subdivision 1, by adding a subdivision; 326B.435,
subdivisions 2, 6; 326B.475, subdivisions 1, 6; 326B.52; 326B.53; 326B.55;
326B.57; 326B.58; 326B.59; 326B.801; 326B.84; 326B.921, subdivision 1;
326B.974; proposing coding for new law in Minnesota Statutes, chapter 326B;
repealing Minnesota Statutes 2008, section 326B.43, subdivision 5.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 78 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Sertich
Simon
Slocum
Solberg
Sterner
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
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Huntley
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Morgan
Murdock
Nornes
Norton
Olin
Peppin
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Swails
Torkelson
Urdahl
Westrom
Zellers
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.
MOTIONS AND RESOLUTIONS
Emmer moved that the name of Dettmer be
added as an author on H. F. No. 171. The motion prevailed.
Rukavina moved that the name of Newton be
added as an author on H. F. No. 292. The motion prevailed.
Hilstrom moved that the name of Hayden be
added as an author on H. F. No. 354. The motion prevailed.
Loon moved that the name of McFarlane be
added as an author on H. F. No. 2388. 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. 1503:
Hosch; Murphy, E., and Mack.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 722:
Lesch, Norton and Cornish.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1331:
Winkler, Kahn, Simon, Hayden and Lanning.
ADJOURNMENT
Sertich moved that when the House adjourns
today it adjourn until 11:30 a.m., Friday, May 15, 2009. The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Juhnke declared the House stands adjourned until 11:30 a.m., Friday, May 15,
2009.
Albin A. Mathiowetz, Chief
Clerk, House of Representatives