Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7007

 

STATE OF MINNESOTA

 

 

EIGHTY-EIGHTH SESSION - 2014

 

_____________________

 

SEVENTIETH DAY

 

Saint Paul, Minnesota, Thursday, March 13, 2014

 

 

      The House of Representatives convened at 3:00 p.m. and was called to order by Paul Thissen, Speaker of the House.

 

      Prayer was offered by the Reverend Tony Wroblewski, Brainerd Area Catholic Churches, Brainerd, 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

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

      A quorum was present.

 

      Erickson, R.; FitzSimmons; Mariani and Zellers were excused.

 

      Simon was excused until 3:25 p.m.  Hilstrom was excused until 3:40 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7008

PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Paul Thissen

Speaker of the House of Representatives

 

The Honorable Sandra L. Pappas

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2014 Session of the State Legislature has been received from the Office of the Governor and is 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

2014

 

Date Filed

2014

 

        629                                               146                                     12:16 p.m. March 12                            March 12

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Ritchie

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 917, A bill for an act relating to snowmobiles; modifying the definition of snowmobile; prohibiting tampering of snowmobile odometers; amending Minnesota Statutes 2012, sections 84.81, subdivision 3; 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 2, 3, 4, 6; 325E.15.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1126, A bill for an act relating to public safety; expanding criminal sexual conduct offenses for persons in current or recent positions of authority over juveniles; amending Minnesota Statutes 2012, sections 609.341, subdivision 10; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1.

 

Reported the same back with the following amendments:


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7009

Page 1, line 13, delete "24 months" and insert "180 days"

 

Page 1, line 15, delete "2013" and insert "2014"

 

Page 2, line 35, delete "2013" and insert "2014"

 

Page 4, line 5, delete "2013" and insert "2014"

 

Page 6, line 7, delete "24 months" and insert "180 days"

 

Page 6, line 17, delete "2013" and insert "2014"

 

Page 8, line 19, delete "24 months" and insert "180 days"

 

Page 8, line 29, delete "2013" and insert "2014"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Policy.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1851, A bill for an act relating to public safety; enhancing penalties for certain repeat criminal sexual conduct offenders; amending Minnesota Statutes 2012, sections 609.135, subdivision 2; 609.3451.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:

 

Subdivision 1.  Definition.  As used in this section, "crime against the person" means a violation of any of the following or a similar law of another state or of the United States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2 3; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of section 609.229; 609.377; 609.749; or 624.713."

 

Page 1, line 6, delete "Section 1." and insert "Sec. 2."

 

Page 1, line 11, reinstate the stricken language and delete the comma

 

Page 1, line 12, delete the new language

 

Page 1, after line 16, insert:

 

"(c) If the conviction is for a gross misdemeanor violation of section 609.3451, subdivision 1, the stay shall be for not more than six years."


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7010

Page 1, line 17, strike "(c)" and insert "(d)"

 

Page 1, line 19, strike "(d)" and insert "(e)"

 

Page 2, line 1, strike "(e)" and insert "(f)" and strike "(d)" and insert "(e)"

 

Page 2, line 3, strike "(f)" and insert "(g)"

 

Page 2, lines 4 and 6, strike "(g)" and insert "(h)"

 

Page 2, line 7, strike "(f)" and insert "(g)"

 

Page 2, line 19, strike "(h)" and insert "(i)"

 

Page 2, line 20, strike "(f)" and insert "(g)"

 

Page 2, after line 24, insert:

 

"EFFECTIVE DATE.  This section is effective August 1, 2014, and applies to crimes committed on or after that date."

 

Page 2, delete section 2 and insert:

 

"Sec. 3.  Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:

 

Subd. 3.  Felony.  A person is guilty of a felony and may be sentenced to imprisonment for not more than five ten years or to payment of a fine of not more than $10,000, or both, if the person violates subdivision 1, clause (2), this section after having been previously convicted of or adjudicated delinquent for violating subdivision 1, clause (2) this section; sections 609.342 to 609.345; or 609.3453; section 617.23, subdivision 2, clause (1); 617.247; or a statute from another state in conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1) therewith.

 

EFFECTIVE DATE.  This section is effective August 1, 2014, and applies to crimes committed on or after that date.

 

Sec. 4.  REVISOR'S INSTRUCTION.

 

In the next edition of Minnesota Statutes, the revisor of statutes shall change the headnote of section 609.3451, subdivision 2, from "Penalty" to "Gross misdemeanor.""

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Policy.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7011

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 1865, A bill for an act relating to state government; modifying laws governing certain Department of Transportation advisory groups; proposing coding for new law in Minnesota Statutes, chapter 162; repealing Minnesota Statutes 2012, sections 162.02, subdivisions 2, 3; 162.09, subdivisions 2, 3; 174.86, subdivision 5.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 1866, A bill for an act relating to state government; modifying laws governing certain Department of Commerce advisory groups; amending Minnesota Statutes 2012, sections 216B.813, subdivision 2; 216B.815; 216C.02, subdivision 1; repealing Minnesota Statutes 2012, sections 82B.021, subdivision 10; 82B.05, subdivisions 1, 3, 5, 6, 7; 82B.06; 116L.361, subdivision 2; 116L.363.

 

Reported the same back with the following amendments:

 

Page 3, after line 35, insert:

 

"Sec. 4.  CLARIFICATION OF CONTINUED EXISTENCE.

 

This section clarifies that the Automobile Theft Prevention Advisory Board created in Minnesota Statutes, section 65B.84, subdivision 4, did not expire June 30, 2009.  Actions taken by that group and public funds spent on behalf of the group are valid.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively from June 30, 2009."

 

Page 4, line 1, delete "4." and insert "5."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1867, A bill for an act relating to state government; modifying laws governing certain executive branch advisory groups; amending Minnesota Statutes 2012, sections 115.741, by adding a subdivision; 144G.06; 252.30; 256B.27, subdivision 3; Minnesota Statutes 2013 Supplement, sections 144.98, subdivision 10; 256B.064, subdivision 1a; repealing Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98, subdivisions 1, 3; 252.31; 402A.15.

 

Reported the same back with the following amendments:


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7012

Page 3, after line 7, insert:

 

"Sec. 4.  Minnesota Statutes 2012, section 152.126, subdivision 3, is amended to read:

 

Subd. 3.  Prescription Electronic Reporting Advisory Committee.  (a) The board shall convene an advisory committee.  The committee must include at least one representative of:

 

(1) the Department of Health;

 

(2) the Department of Human Services;

 

(3) each health-related licensing board that licenses prescribers;

 

(4) a professional medical association, which may include an association of pain management and chemical dependency specialists;

 

(5) a professional pharmacy association;

 

(6) a professional nursing association;

 

(7) a professional dental association;

 

(8) a consumer privacy or security advocate; and

 

(9) a consumer or patient rights organization.

 

(b) The advisory committee shall advise the board on the development and operation of the electronic reporting system, including, but not limited to:

 

(1) technical standards for electronic prescription drug reporting;

 

(2) proper analysis and interpretation of prescription monitoring data; and

 

(3) an evaluation process for the program.

 

(c) The advisory committee expires June 30, 2018.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 3, after line 29, insert:

 

"Sec. 6.  Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is amended to read:

 

Subd. 2.  Membership terms, compensation, removal and expiration.  The membership of this council shall be composed of 17 persons who are American Indians and who are appointed by the commissioner.  The commissioner shall appoint one representative from each of the following groups:  Red Lake Band of Chippewa Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; and two representatives from the Minneapolis


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7013

Urban Indian Community and two from the St. Paul Urban Indian Community.  The terms, compensation, and removal of American Indian Advisory Council members shall be as provided in section 15.059.  The council expires June 30, 2014 2018.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:

 

254A.04 CITIZENS ADVISORY COUNCIL.

 

There is hereby created an Alcohol and Other Drug Abuse Advisory Council to advise the Department of Human Services concerning the problems of alcohol and other drug dependency and abuse, composed of ten members.  Five members shall be individuals whose interests or training are in the field of alcohol dependency and abuse; and five members whose interests or training are in the field of dependency and abuse of drugs other than alcohol.  The terms, compensation and removal of members shall be as provided in section 15.059.  The council expires June 30, 2014 2018.  The commissioner of human services shall appoint members whose terms end in even-numbered years.  The commissioner of health shall appoint members whose terms end in odd-numbered years.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 8.  Minnesota Statutes 2012, section 256B.0625, subdivision 13c, is amended to read:

 

Subd. 13c.  Formulary committee.  The commissioner, after receiving recommendations from professional medical associations and professional pharmacy associations, and consumer groups shall designate a Formulary Committee to carry out duties as described in subdivisions 13 to 13g.  The Formulary Committee shall be comprised of four licensed physicians actively engaged in the practice of medicine in Minnesota one of whom must be actively engaged in the treatment of persons with mental illness; at least three licensed pharmacists actively engaged in the practice of pharmacy in Minnesota; and one consumer representative; the remainder to be made up of health care professionals who are licensed in their field and have recognized knowledge in the clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.  Members of the Formulary Committee shall not be employed by the Department of Human Services, but the committee shall be staffed by an employee of the department who shall serve as an ex officio, nonvoting member of the committee.  The department's medical director shall also serve as an ex officio, nonvoting member for the committee.  Committee members shall serve three-year terms and may be reappointed by the commissioner.  The Formulary Committee shall meet at least twice per year.  The commissioner may require more frequent Formulary Committee meetings as needed.  An honorarium of $100 per meeting and reimbursement for mileage shall be paid to each committee member in attendance.  The Formulary Committee expires June 30, 2018.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 4, after line 15, insert:

 

"Sec. 10.  Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1, is amended to read:

 

Subdivision 1.  State traumatic brain injury program.  The commissioner of human services shall:

 

(1) maintain a statewide traumatic brain injury program;

 

(2) supervise and coordinate services and policies for persons with traumatic brain injuries;


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7014

(3) contract with qualified agencies or employ staff to provide statewide administrative case management and consultation;

 

(4) maintain an advisory committee to provide recommendations in reports to the commissioner regarding program and service needs of persons with brain injuries;

 

(5) investigate the need for the development of rules or statutes for the brain injury home and community-based services waiver;

 

(6) investigate present and potential models of service coordination which can be delivered at the local level; and

 

(7) the advisory committee required by clause (4) must consist of no fewer than ten members and no more than 30 members.  The commissioner shall appoint all advisory committee members to one- or two-year terms and appoint one member as chair.  Notwithstanding section 15.059, subdivision 5, The advisory committee does not terminate until June 30, 2014 2018.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 4, after line 31, insert:

 

"Sec. 12.  Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is amended to read:

 

Subd. 2.  Expiration.  Notwithstanding section 15.059, subdivision 5, the American Indian Child Welfare Advisory Council expires June 30, 2014 2018.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1898, A bill for an act relating to health; making changes to the health professionals services program; requiring a disciplinary investigation for noncompliance and temporary license suspension; classifying data; amending Minnesota Statutes 2012, sections 214.28; 214.29; 214.31; 214.32, subdivision 1, by adding a subdivision; 214.35; repealing Minnesota Statutes 2012, sections 214.36; 214.37.

 

Reported the same back with the following amendments:


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7015

Delete everything after the enacting clause and insert:

 

"Section 1.  [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL CONDUCT OFFENSE.

 

Subdivision 1.  Applicability.  This section applies to the health-related licensing boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice and the Board of Chiropractic Examiners, and also applies to the Board of Barber Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the Minnesota Department of Health, including:

 

(1) speech-language pathologists and audiologists;

 

(2) hearing instrument dispensers; and

 

(3) occupational therapists and occupational therapy assistants.

 

Subd. 2.  Issuing and renewing credential to practice.  (a) Except as provided in paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a credential to practice to any person who has been convicted on or after August 1, 2014, of any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).

 

(b) A credentialing authority listed in subdivision 1 shall not issue or renew a credential to practice to any person who has been convicted in any other state or country on or after August 1, 2014, of an offense where the elements of the offense are substantially similar to any of the offenses listed in paragraph (a).

 

(c) A credential to practice is automatically revoked if the credentialed person is convicted of an offense listed in paragraph (a).

 

(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or execution of the sentence and final disposition of the case is accomplished at a nonfelony level.

 

(e) A credentialing authority listed in subdivision 1 may establish criteria whereby an individual convicted of an offense listed in paragraph (a) may become credentialed provided that the criteria:

 

(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;

 

(2) provide a standard for overcoming the presumption; and

 

(3) require that a minimum of ten years has elapsed since the applicant was released from any incarceration or supervisory jurisdiction related to the offense.

 

A credentialing authority listed in subdivision 1 shall not consider an application under this paragraph if the board determines that the victim involved in the offense was a patient or a client of the applicant at the time of the offense.

 

EFFECTIVE DATE.  This section is effective for credentials issued or renewed on or after August 1, 2014.

 

Sec. 2.  [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF HARM.

 

(a) Notwithstanding any provision of a health-related professional practice act, when a health-related licensing board or the commissioner of health receives a complaint regarding a regulated person and has probable cause to believe continued practice by the regulated person presents an imminent risk of harm, the licensing board or commissioner shall temporarily suspend the regulated person's professional license.  The suspension shall take effect upon written notice to the regulated person and shall specify the reason for the suspension.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7016

(b) The suspension shall remain in effect until the appropriate licensing board or the commissioner completes an investigation and issues a final order in the matter after a hearing.

 

(c) At the time it issues the suspension notice, the appropriate licensing board or commissioner shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.  The regulated person shall be provided with at least 20 days notice of any hearing held pursuant to this subdivision.  The hearing shall be scheduled to being no later than 60 days after issuance of the suspension order.

 

Sec. 3.  Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:

 

Subd. 2.  Receipt of complaint.  The boards shall receive and resolve complaints or other communications, whether oral or written, against regulated persons.  Before resolving an oral complaint, the executive director or a board member designated by the board to review complaints shall require the complainant to state the complaint in writing or authorize transcribing the complaint.  The executive director or the designated board member shall determine whether the complaint alleges or implies a violation of a statute or rule which the board is empowered to enforce.  The executive director or the designated board member may consult with the designee of the attorney general as to a board's jurisdiction over a complaint.  If the executive director or the designated board member determines that it is necessary, the executive director may seek additional information to determine whether the complaint is jurisdictional or to clarify the nature of the allegations by obtaining records or other written material, obtaining a handwriting sample from the regulated person, clarifying the alleged facts with the complainant, and requesting a written response from the subject of the complaint.  The executive director may authorize a field investigation to clarify the nature of the allegations and the facts that led to the complaint.

 

Sec. 4.  Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:

 

Subd. 3.  Referral to other agencies.  The executive director shall forward to another governmental agency any complaints received by the board which do not relate to the board's jurisdiction but which relate to matters within the jurisdiction of another governmental agency.  The agency shall advise the executive director of the disposition of the complaint.  A complaint or other information received by another governmental agency relating to a statute or rule which a board is empowered to enforce must be forwarded to the executive director of the board to be processed in accordance with this section.  Governmental agencies may shall coordinate and conduct joint investigations of complaints that involve more than one governmental agency.

 

Sec. 5.  Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision to read:

 

Subd. 5.  Health professional services program.  The health-related licensing boards shall include information regarding the health professional services program on their Web sites.

 

Sec. 6.  Minnesota Statutes 2012, section 214.29, is amended to read:

 

214.29 PROGRAM REQUIRED.

 

Each health-related licensing board, including the Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a contract with the health professionals service program under sections 214.31 to 214.37 or contract for a diversion program under section 214.28 for a diversion program for regulated professionals who are unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7017

Sec. 7.  Minnesota Statutes 2012, section 214.31, is amended to read:

 

214.31 AUTHORITY.

 

Two or more of the health-related licensing boards listed in section 214.01, subdivision 2, may jointly The health professionals services program shall contract with the health-related licensing boards to conduct a health professionals services program to protect the public from persons regulated by the boards who are unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.  The program does not affect a board's authority to discipline violations of a board's practice act.  For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board shall be included in the definition of a health-related licensing board under chapter 144E.

 

Sec. 8.  Minnesota Statutes 2012, section 214.32, is amended to read:

 

214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.

 

Subdivision 1.  Management.  (a) A Health Professionals Services Program Committee is established, consisting of one person appointed by each participating board, with each participating board having one vote.  no fewer than three, or more than six, executive directors of health-related licensing boards or their designees, and two members of the advisory committee established in paragraph (d).  Program committee members from the health-related licensing boards shall be appointed by a means agreeable to the executive directors of the health-related licensing boards in July of odd-numbered years.  Members from the advisory committee shall be appointed by a means agreeable to advisory committee members in July of odd-numbered years.  The program committee shall designate one board to provide administrative management of the program, set the program budget and the pro rata share of administrative costs under paragraph (b) and program expenses to be borne by each participating board, set the program budget, and ensure the program is meeting its statutory charge.  The program committee shall establish uniform criteria and procedures governing termination and discharge for all health professionals served by the health professionals services program.

 

(b) The commissioner of administration shall provide guidance on the general operation of the program, including hiring of program personnel, and ensure that the program's direction is in accord with its authority.  If the participating boards change which board is designated to provide administrative management of the program, any appropriation remaining for the program shall transfer to the newly designated board on the effective date of the change.  The participating boards must inform the appropriate legislative committees and the commissioner of management and budget of any change in the administrative management of the program, and the amount of any appropriation transferred under this provision.

 

(b) (c) The designated board, upon recommendation of the Health Professional Services Program Committee, commissioner of administration shall hire the program manager and employees and pay expenses of the program from funds appropriated for that purpose.  The designated board commissioner of administration may apply for grants to pay program expenses and may enter into contracts on behalf of the program to carry out the purposes of the program.  The participating boards shall enter into written agreements with the designated board commissioner of administration.

 

(c) (d) An advisory committee is established to advise the program committee consisting of:

 

(1) one member appointed by each of the following:  the Minnesota Academy of Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine Association of the professional associations whose members are eligible for health professionals services program services; and


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7018

(2) one member appointed by each of the professional associations of the other professions regulated by a participating board not specified in clause (1); and

 

(3) (2) two public members, as defined by section 214.02.

 

Members of the advisory committee shall be appointed for two years and members may be reappointed.

 

Subd. 2.  Services.  (a) The program shall provide the following services to program participants:

 

(1) referral of eligible regulated persons to qualified professionals for evaluation, treatment, and a written plan for continuing care consistent with the regulated person's illness.  The referral shall take into consideration the regulated person's financial resources as well as specific needs;

 

(2) development of individualized program participation agreements between participants and the program to meet the needs of participants and protect the public.  An agreement may include, but need not be limited to, recommendations from the continuing care plan, practice monitoring, health monitoring, practice restrictions, random drug screening, support group participation, filing of reports necessary to document compliance, and terms for successful completion of the regulated person's program; and

 

(3) monitoring of compliance by participants with individualized program participation agreements or board orders.

 

(b) The program may develop services related to sections 214.31 to 214.37 for employers and colleagues of regulated persons from participating boards.

 

Subd. 3.  Participant costs.  Each program participant shall be responsible for paying for the costs of physical, psychosocial, or other related evaluation, treatment, laboratory monitoring, and random drug screens.

 

Subd. 4.  Eligibility.  Admission to the health professional services program is available to a person regulated by a participating board who is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.  Admission in the health professional services program shall be denied to persons:

 

(1) who have diverted controlled substances for other than self-administration;

 

(2) who have been terminated from this or any other state professional services program for noncompliance in the program, unless referred by a participating board or the commissioner of health;

 

(3) currently under a board disciplinary order or corrective action agreement, unless referred by a board;

 

(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the commissioner of health;

 

(5) accused of sexual misconduct; or

 

(6) (5) whose continued practice would create a serious risk of harm to the public.

 

Subd. 5.  Completion; voluntary termination; discharge.  (a) A regulated person completes the program when the terms of the program participation agreement are fulfilled.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7019

(b) A regulated person may voluntarily terminate participation in the health professionals service program at any time by reporting to the person's board which shall result in the program manager making a report to the regulated person's board under section 214.33, subdivision 3.

 

(c) The program manager may choose to discharge a regulated person from the program and make a referral to the person's board at any time for reasons including but not limited to:  the degree of cooperation and compliance by the regulated person, the inability to secure information or the medical records of the regulated person, or indication of other possible violations of the regulated person's practice act.  The regulated person shall be notified in writing by the program manager of any change in the person's program status.  A regulated person who has been terminated or discharged from the program may be referred back to the program for monitoring.

 

Subd. 6.  Duties of a health related licensing board.  (a) Upon receiving notice from the program manager that a regulated person has been discharged due to noncompliance or voluntary withdrawal, when the appropriate licensing board has probable cause to believe continued practice by the regulated person presents an imminent risk of harm, the licensing board shall temporarily suspend the regulated person's professional license.  The suspension shall take effect upon written notice to the regulated person and shall specify the reason for the suspension.

 

(b) The suspension shall remain in effect until the appropriate licensing board completes an investigation and issues a final order in the matter after a hearing.

 

(c) At the time it issues the suspension notice, the appropriate licensing board shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.  The regulated person shall be provided with at least 20 days' notice of any hearing held pursuant to this subdivision.  The hearing shall be scheduled to being no later than 60 days after issuance of the suspension order.

 

Sec. 9.  Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:

 

Subd. 3.  Program manager.  (a) The program manager shall report to the appropriate participating board a regulated person who:

 

(1) does not meet program admission criteria,;

 

(2) violates the terms of the program participation agreement, or;

 

(3) leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement.;

 

(4) is subject to the provisions of sections 214.17 to 214.25;

 

(5) caused identifiable patient harm;

 

(6) substituted or adulterated medications;

 

(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the name of a person or veterinary patient for personal use; or

 

The program manager shall report to the appropriate participating board a regulated person who (8) is alleged to have committed violations of the person's practice act that are outside the authority of the health professionals services program as described in sections 214.31 to 214.37.

 

(b) The program manager shall inform any reporting person of the disposition of the person's report to the program.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7020

Sec. 10.  [214.355] GROUNDS FOR DISCIPLINARY ACTION.

 

Each health-related licensing board, including the Emergency Medical Services Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action if a regulated person violates the terms of the health professionals services program participation agreement or leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement.

 

Sec. 11.  REVISOR'S INSTRUCTION.

 

The revisor shall remove cross-references to the sections repealed in section 12 wherever they appear in Minnesota Statutes and Minnesota Rules and make changes necessary to correct the punctuation, grammar, or structure of the remaining text and preserve its meaning.

 

Sec. 12.  REPEALER.

 

Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed.

 

Sec. 13.  EFFECTIVE DATE.

 

Sections 1 to 12 are effective July 1, 2014."

 

Delete the title and insert:

 

"A bill for an act relating to health; changing requirements for health-related licensing boards; barring credentials for an individual with a felony-level criminal sexual conduct offense; temporary suspension for imminent risk of harm; amending Minnesota Statutes 2012, sections 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 214; repealing Minnesota Statutes 2012, sections 214.28; 214.36; 214.37."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.

 

      The report was adopted.

 

 

Kahn from the Committee on Legacy to which was referred:

 

H. F. No. 1926, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying restoration evaluation requirements; modifying requirements for acquisition of real property with money from outdoor heritage fund; amending Minnesota Statutes 2012, section 97A.056, subdivision 10, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 1, after line 7, insert:

"ARTICLE 1

OUTDOOR HERITAGE FUND"

 

Page 1, lines 10 and 12, delete "act" and insert "article"


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7021

Page 1, line 21, delete "108,620,000" and insert "109,320,000"

 

Page 14, line 23, delete "30,190,000" and insert "30,890,000"

 

Page 19, line 9, after "species" insert ", including pilot projects conducting education and outreach, inspection and decontamination, enforcement, and other activities"

 

Page 19, line 13, after the period, insert "The required evaluation must evaluate the efficacy of inspection and decontamination activities utilized in any of the pilot projects in preventing the spread of aquatic invasive species."

 

Page 19, after line 15, insert:

 

"(l) Albert Lea Lake Management and Invasive Species Control Structure - Supplement

 

$700,000 in the second year is added to the appropriation contained in Laws 2013, chapter 137, article 1, section 2, subdivision 5, paragraph (h), to the commissioner of natural resources for an agreement with the Shell Rock River Watershed District to construct structural deterrents and lake level controls."

 

Page 19, line 16, delete "(l)" and insert "(m)"

 

Page 19, line 25, after the period, insert "This appropriation is available until June 30, 2019.  The accomplishment plan must accelerate the start of the pilot project."

 

Page 21, line 22, delete "(m)" and insert "(n)"

 

Page 27, after line 30, insert:

 

"Sec. 3.  Minnesota Statutes 2012, section 84.0272, subdivision 1, is amended to read:

 

Subdivision 1.  Acquisition procedure.  (a) When the commissioner of natural resources is authorized to acquire lands or interests in lands the procedure set forth in this section shall apply.  The commissioner of natural resources shall first prepare a fact sheet showing the lands to be acquired, the legal authority for their acquisition, and the qualities of the land that make it a desirable acquisition.  The commissioner of natural resources shall cause appraise the lands or contract to have the lands to be appraised.  An appraiser shall before entering upon the duties of office take and subscribe an oath to faithfully and impartially discharge the duties as appraiser according to the best of the appraiser's ability and that the appraiser is not interested directly or indirectly in any of the lands to be appraised or the timber or improvements thereon or in the sale thereof and has entered into no agreement or combination to purchase the same or any part thereof, which oath shall be attached to the report of the appraisal. 

 

(b) Except as provided in paragraph (c), the commissioner of natural resources may pay less than the appraised value, but shall not agree to pay more than ten percent above the appraised value, except that if the commissioner pays less than the appraised value for a parcel of land, the difference between the purchase price and the appraised value may be used to apply to purchases at more than the appraised value.  The sum of accumulated differences between appraised amounts and purchases for more than the appraised amount may not exceed the sum of accumulated differences between appraised amounts and purchases for less than the appraised amount.  New appraisals may be made at the discretion of the commissioner of natural resources.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7022

(c) When acquiring lands in whole or in part with money from a legacy fund, the commissioner, or other recipient of money from a legacy fund acquiring land to be transferred to the commissioner, shall not agree to pay more than the county assessor's most recent estimated market value unless the commissioner determines that the acquisition is a high priority because the land is adjacent to other public land, would conserve a high degree of biological diversity, or is otherwise a high priority for the department.  The commissioner shall document the reason for the determination in writing.  For the purposes of this section, "legacy fund" means the outdoor heritage fund, clean water fund, parks and trails fund, or arts and cultural heritage fund.

 

Sec. 4.  Minnesota Statutes 2012, section 84.0272, subdivision 3, is amended to read:

 

Subd. 3.  Minimal value acquisition.  (a) Notwithstanding subdivision 1, if the commissioner determines that lands or interests in land have a value less than $100,000, the commissioner may acquire the lands for the value determined by the commissioner without an appraisal.  The commissioner shall make the determination based upon:

 

(1) up to the most recent assessed market value of the land or interests in land as determined by the county assessor of the county in which the land or interests in land is located, plus ten percent;

 

(2) a sale price of the land or interests in land, provided the sale occurred within the past year;

 

(3) the sale prices of comparable Department of Natural Resources land sales or acquisitions of interests in land located in the vicinity and sold within the past year; or

 

(4) an appraisal of the land or interests in land conducted within the past year.

 

(b) In the event the value is less than $1,000, the commissioner may add a transaction incentive, provided that the sum of the incentive plus the value of the land does not exceed $1,000.

 

(c) This subdivision does not apply to acquisitions funded in whole or in part with money from a legacy fund."

 

Page 29, after line 15, insert:

 

"ARTICLE 2

PARKS AND TRAILS FUND

 

Section 1.  CARVER COUNTY PARKS AND TRAILS GRANT MODIFICATION.

 

The fiscal year 2015 appropriation from the parks and trails fund to the Metropolitan Council for grants to Carver County contained in Laws 2013, chapter 137, article 3, section 4, paragraph (d), may be used for a park programmer position, roads, parking lots, and paving construction at Lake Minnewashta Regional Park."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, delete "outdoor heritage fund" and insert "legacy funds; modifying previous parks and trails fund appropriation"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7023

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 1941, A bill for an act relating to real property; establishing mortgage foreclosure mediation; amending Minnesota Statutes 2012, section 581.03; Minnesota Statutes 2013 Supplement, section 580.02; proposing coding for new law as Minnesota Statutes, chapter 584; repealing Minnesota Statutes 2012, sections 580.021; 580.022.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2013 Supplement, section 580.02, is amended to read:

 

580.02 REQUISITES FOR FORECLOSURE.

 

To entitle any party to make such foreclosure, it is requisite:

 

(1) that some default in a condition of such mortgage has occurred, by which the power to sell has become operative;

 

(2) that no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part;

 

(3) that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been recorded; provided, that, if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered;

 

(4) before the notice of pendency as required under section 580.032 is recorded, the party has complied with section 580.021; and before or contemporaneous with the notice of sale as required under section 580.03 is recorded, the party has recorded either a fully executed opt-out notice or the affidavit of good faith in mediation as provided in chapter 584, if applicable; and

 

(5) before the foreclosure sale, the party has complied with section 582.043, if applicable.

 

Sec. 2.  Minnesota Statutes 2012, section 581.03, is amended to read:

 

581.03 JUDGMENT, TRANSCRIPT.

 

Judgment shall be entered, under the direction of the court, adjudging the amount due, with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy such amount, and directing the sheriff to proceed to sell the same according to the provisions of law relating to the sale of real estate on execution, and to make report to the court.  A certified transcript of the judgment shall be delivered to the sheriff, and shall be the sheriff's authority for making the sale.  Before judgment may be entered, the party seeking judgment must provide the court with either a fully executed opt-out notice or the affidavit of good faith in mediation as provided in chapter 584, if applicable.

 

Sec. 3.  [584.01] DEFINITIONS.

 

Subdivision 1.  Applicability.  The definitions in this section apply to this chapter.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7024

Subd. 2.  Authorized foreclosure prevention agency.  "Authorized foreclosure prevention agency" means a government agency or a nonprofit agency funded, in whole or in part, for foreclosure prevention services, by the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development, or otherwise approved by the United States Department of Housing and Urban Development to provide foreclosure prevention counseling services. 

 

Subd. 3.  Foreclosing entity.  "Foreclosing entity" means the person attempting to foreclose a residential mortgage.

 

Subd. 4.  Homeowner.  "Homeowner" means the mortgagor who is an owner and an occupant of the residential property subject to the residential mortgage sought to be foreclosed by the foreclosing entity.

 

Subd. 5.  Loss mitigation.  "Loss mitigation" means a temporary or permanent loan modification, a forbearance agreement, a repayment agreement, a principal reduction, capitalizing arrears, or any other relief intended to prevent completion of the foreclosure.

 

Subd. 6.  Mediator.  "Mediator" means a mediator selected by the state Office of Administrative Hearings, as provided in section 584.05.

 

Subd. 7.  Office of Administrative Hearings.  "Office of Administrative Hearings" means the Office of Administrative Hearings as created by section 14.48.

 

Subd. 8.  Residential mortgage.  "Residential mortgage" means a mortgage on a property consisting of one to four family dwelling units, one of which the owner occupies as the owner's principal place of residency as of the date on which the foreclosing entity sends the notice required under section 584.03, subdivision 1.

 

Subd. 9.  Single point of contact.  "Single point of contact" means personnel authorized by the foreclosing entity or subsequent lienholder to bind the foreclosing entity or subsequent lienholder, and bind the owner of any loan note related to the mortgage sought to be foreclosed, in mediation as to loss mitigation or other actions to resolve the foreclosure.  This single point of contact must be an easily accessible and reliable point of contact for the homeowner throughout the mediation process who can perform the duties imposed on servicers for continuity of contact in Code of Federal Regulations, title 12, section 1024.40, if applicable.

 

Subd. 10.  Subsequent lienholder.  "Subsequent lienholder" means any creditor having a recorded legal or equitable lien upon the residential property subject to the residential mortgage, or some part of it, that is junior to the lien held by the foreclosing entity.

 

Sec. 4.  [584.02] APPLICABILITY.

 

Subdivision 1.  Applicability.  This chapter applies to foreclosure of mortgages by advertisement under chapter 580 and foreclosure of mortgages by actions under chapter 581 on a residential property.  This chapter does not apply if the foreclosing entity, or any parent, subsidiary, successor, or person similarly affiliated to the foreclosing entity, or the servicer or agent of the foreclosing entity, has foreclosed fewer than 125 residential homes in the year prior to the year of the notice of default.

 

Subd. 2.  Additional authority.  The Office of Administrative Hearings may enact regulations to carry out the provisions of chapter 584.  Until December 31, 2015, the Office of Administrative Hearings may establish procedures and take other actions necessary to create the residential foreclosure mediation program provided in chapter 584 under section 14.389.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7025

Sec. 5.  [584.03] MEDIATION NOTICES.

 

Subdivision 1.  Notice of requested mediation.  A foreclosing entity desiring to foreclose a residential mortgage shall notify the Office of Administrative Hearings and the Minnesota Homeownership Center of the proposed foreclosure.  This notice shall be sent by the foreclosing entity to the Office of Administrative Hearings and the Minnesota Homeownership Center no earlier than 45 days after a homeowner's delinquency on the mortgage.  This notice must include the single point of contact, the address of the property sought to be foreclosed, and the name and most recent telephone number of the homeowner.

 

Subd. 2.  Minnesota Homeownership Center.  The Minnesota Homeownership Center shall appoint a mortgage foreclosure prevention counselor and shall send a written notice to the Office of Administrative Hearings and the homeowner with the counselor's contact information within seven days of reviewing the notice of default in subdivision 1.  Any participating authorized foreclosure prevention agency must comply with federal regulations governing housing counseling programs.

 

Subd. 3.  Office of Administrative Hearings notice of mediation.  (a) Within 14 days of receiving the notice of default in subdivision 1, the Office of Administrative Hearings shall send a notice of the mediation to the homeowner, the foreclosing entity, and the authorized foreclosure prevention agency.  The notice shall include at least the following information:  the foreclosing entity's single point of contact, the address of the property sought to be foreclosed, the name and most recent telephone number of the homeowner, the name and contact information for the authorized foreclosure prevention agency, the date and location of the mediation, and a copy of the homeowner opt-out form provided for in section 584.04.  The date of the mediation shall not be less than 21 days nor more than 60 days after the notice is sent by the Office of Administrative Hearings.

 

(b) The notice must contain the following information related to the foreclosure prevention agency:

 

"[Name of authorized foreclosure agency] is a nonprofit agency and is an expert in housing and foreclosure prevention counseling and assistance.  It is experienced in dealing with lenders and homeowners who are behind on mortgage payments and can help you understand your options and work with you to address your delinquency.  It is approved by either the Minnesota Housing Finance Agency or the United States Department of Housing and Urban Development.  It is not connected with the foreclosing entity in any way.  It will accompany you to the mediation and can provide information and assistance to reach an agreement with the foreclosing entity prior to the mediation."

 

Subd. 4.  Notice of mediation cancellation.  (a) If the authorized foreclosure prevention agency notifies the Office of Administrative Hearings within 14 days of the date of the scheduled mediation that it is unable to establish contact with a homeowner, the Office of Administrative Hearings shall send the notice required in this section.  The notice shall be sent by regular and certified mail.  The notice shall inform the homeowner that the mediation will be canceled and the foreclosing entity will be permitted to proceed with foreclosure if the homeowner does not contact the Office of Administrative Hearings by a date that is at least two business days prior to the scheduled date of mediation.  The notice shall also inform the homeowner that the notice required in this section is being sent to the homeowner because the authorized foreclosure prevention agency has made four attempts to contact the homeowner and has been unable to confirm the homeowner's appearance at the mediation.  If the homeowner fails to contact the Office of Administrative Hearings at least two business days prior to the scheduled date of mediation, the Office of Administrative Hearings shall provide to the foreclosing entity an opt-out notice under section 584.04, subdivision 2.

 

(b) The authorized foreclosure prevention agency selected by the Office of Administrative Hearings to provide foreclosure counseling services to the homeowner may inform the Office of Administrative Hearings that it is unable to establish contact with the homeowner only if the authorized foreclosure prevention agency satisfies the following requirements:

 

(1) the authorized foreclosure prevention agency has made four attempts to contact the homeowner;


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7026

(2) at least one of the four attempts to contact the homeowner was by telephone;

 

(3) at least one of the attempts to contact the homeowner was in writing; and

 

(4) the authorized foreclosure prevention agency has stated in each written attempt at contact that the purpose of counseling is to help the homeowner find a mortgage workout agreement, that the authorized foreclosure prevention agency has been selected by the Office of Administrative Hearings to provide foreclosure counseling services to the homeowner if the homeowner wants those services, and the mediation may be canceled if the homeowner does not communicate to either the Office of Administrative Hearings or the authorized foreclosure prevention agency an intent to participate in mediation.

 

Subd. 5.  Foreclosing entity's disclosure of loss mitigation information.  (a) Within 14 days of the date that the Office of Administrative Hearings sent the notice of mediation provided in subdivision 3, the foreclosing entity shall send to the homeowner and the Office of Administrative Hearings a notice of loss mitigation information.

 

(b) The notice of loss mitigation information shall include the following:

 

(1) a statement of all information the foreclosing entity currently has that has been or may be used in a loss mitigation decision;

 

(2) a list of information that the foreclosing entity reasonably needs from the homeowner to make a loss mitigation decision;

 

(3) a statement that the homeowner may request the equation used to make any calculation concerning a loss mitigation decision; and

 

(4) the identity and contact information for the single point of contact.

 

(c) The notice required by this subdivision must be in 14-point boldface type and the title of the notice must be in 20-point boldface type.  The notice must appear substantially as follows:

 

"NOTICE OF INFORMATION NEEDED FOR MORTGAGE WORKOUT AGREEMENT

 

You are scheduled to appear for mortgage foreclosure mediation at [date, time, and location of mediation].  We are required to send you this notice under the law of the State of Minnesota.

 

Foreclosure mediation is a state-run program that provides eligible homeowners with the opportunity to work with a neutral third party to modify their mortgage to avoid foreclosure.  An agent of [name of foreclosing entity] will be there to negotiate and modify the terms of your loan.  Mediations can result in a modification to your loan or other solution to keep you in your home or allow a reasonable resolution to the foreclosure.

 

We have, or may in the future, use the following information that we currently possess about you or your home:

 

[List of the information].

 

[If homeowner information necessary] The mediation of the foreclosure on your home is most likely to succeed in a mortgage workout agreement to help you stay in the home if you provide the following information about you and your home:

 

[List of information and what documents can provide this information].


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7027

You should send this information to us and to the Office of Administrative Hearings.  You can send information to the Office of Administrative Hearings at [to be provided by the Office of Administrative Hearings].  You can send the requested information to us, or you can ask us any questions regarding this notice or the mediation process, as follows:

 

[Identity and contact information for single point of contact]."

 

Subd. 6.  Notice to subsequent lienholders.  (a) Within 14 days of the date that the Office of Administrative Hearings sent the notice of mediation provided in subdivision 3, the foreclosing entity shall send to subsequent lienholders a notice identifying the homeowner, the address of the property sought to be foreclosed, and the mediation time, date, and location.  The notice shall also state that the mediator may void the lien on the property held by the subsequent lienholder if the subsequent lienholder fails to participate in the mediation in good faith.

 

(b) The foreclosing entity shall provide to the Office of Administrative Hearings a list of all subsequent lienholders sent the notice required under this subdivision.

 

Subd. 7.  Notice of mediator.  The Office of Administrative Hearings shall notify the foreclosing entity, the homeowner, and the subsequent lienholders of the name and contact information of the assigned mediator.

 

Sec. 6.  [584.04] OPT-OUT FORM.

 

Subdivision 1.  Opt-out forms.  The Office of Administrative Hearings shall create two forms:  a homeowner opt-out notice; and an inability to contact opt-out notice.  Only one form of opt-out notice is needed to cancel the mediation and satisfy any requirement for obtaining or recording an opt-out notice.

 

Subd. 2.  Homeowner opt-out.  The Office of Administrative Hearings shall provide a notice to the homeowner that the homeowner can complete to decline participation in the mediation process.  If the Office of Administrative Hearings receives a signed opt-out notice from the homeowner, the Office of Administrative Hearings shall cancel the mediation and promptly provide a copy of this completed opt-out form to the foreclosing entity.  The foreclosing entity shall promptly provide a copy of the completed opt-out form to subsequent lienholders previously sent a notice of the mediation by the foreclosing entity.

 

Subd. 3.  Inability to contact opt-out.  If the Office of Administrative Hearings sends the notice of possible mediation cancellation required under section 584.03, subdivision 4, and the homeowner fails to contact the Office of Administrative Hearings at least two business days prior to the scheduled date of mediation, the Office of Administrative Hearings shall cancel the mediation, complete an opt-out form, and promptly provide the form to the foreclosing entity.  The foreclosing entity shall promptly provide a copy of the completed opt-out form to subsequent lienholders previously sent a notice of the mediation by the foreclosing entity.

 

Sec. 7.  [584.05] MEDIATORS.

 

Subdivision 1.  Mediator eligibility.  The Office of Administrative Hearings shall establish the qualifications necessary for a person to serve as a mediator under this chapter.  Mediators cannot have a conflict of interest that prevents the mediator from being impartial with any party involved in the mediation program.

 

Subd. 2.  Duties of the mediator.  At the mediation, the mediator shall:

 

(1) listen to the homeowner, foreclosing entity, and subsequent lienholders, if any;

 

(2) attempt to mediate between the homeowner, foreclosing entity, and subsequent lienholders, if any;


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7028

(3) advise the homeowner, foreclosing entity, and subsequent lienholders, if any, of assistance programs available and known to the mediator;

 

(4) attempt to arrive at an agreement to fairly adjust, refinance, or pay the mortgage; and

 

(5) advise, counsel, and assist the homeowner, foreclosing entity, and subsequent lienholders, if any, in attempting to arrive at an agreement for the future conduct of the financial relations among them.

 

Subd. 3.  Mediator liability and immunity.  (a) A mediator is immune from civil liability for actions within the scope of the position as mediator.  A mediator does not have a duty to advise the homeowner, foreclosing entity, or subsequent lienholders, if any, about the law or to encourage or assist the homeowner, foreclosing entity, or subsequent lienholders, if any, in reserving or establishing legal rights.  This subdivision is an addition to and not a limitation of immunity otherwise accorded to a mediator under any law.

 

(b) A mediator cannot be examined about a communication or document, including work notes, made or used in the course of or because of mediation under this chapter.  This paragraph does not apply to the parties in the dispute in an application to a court by a party to have a mediated settlement agreement set aside or reformed.  A communication or document otherwise not privileged does not become privileged because it is used in the cause of mediation.  This paragraph is not intended to limit the privilege accorded to communication during mediation under any law.

 

Sec. 8.  [584.06] HOMEOWNER'S RIGHT TO REQUEST LOSS MITIGATION FORMULA.

 

At any time after the notice of requested mediation is sent by the foreclosing entity, the homeowner has the right to request from the foreclosing entity the formula and information used in deciding whether the homeowner is eligible for a loan modification, loss mitigation, or other mortgage workout option to help the homeowner resolve the foreclosure.  The single point of contact must respond to the homeowner's request within seven days of the request.

 

Sec. 9.  [584.07] GOOD FAITH IN MEDIATION REQUIRED.

 

Subdivision 1.  Obligation of good faith.  The homeowner and the foreclosing entity must engage in mediation in good faith.

 

Subd. 2.  Determination of good faith.  A party is not participating in good faith if the party:

 

(1) fails to attend or participate in mediation sessions without good cause;

 

(2) fails to provide information regarding the financial obligations of the parties and other creditors including providing the information required under this section or section 584.03, or 584.08, subdivision 2, without reasonable justification;

 

(3) fails to provide a single point of contact for the mediation process;

 

(4) fails to provide the formula used in deciding whether the homeowner is eligible for a loss mitigation program to help resolve the foreclosure, as required by section 584.06, if the formula is requested by the homeowner; or

 

(5) other similar behavior that evidences a lack of good faith by either party.

 

A failure to agree to modify, reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of good faith by the foreclosing entity.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7029

Subd. 3.  Affidavit of good faith in mediation.  (a) If the mediator determines that the foreclosing entity participated in the mediation in good faith, the mediator shall promptly provide to all parties an affidavit attesting to this determination.  If the mediator determines that the foreclosing entity has not participated in the mediation in good faith, the mediator shall provide to all parties within one week of the end of the mediation a report attesting to this determination and the reason for the determination.

 

(b) If the mediator determines that the homeowner is not participating in the mediation in good faith, the mediator may cancel subsequent scheduled mediations and provide the foreclosing entity and any subsequent lienholder an affidavit of good faith to allow the foreclosing entity to proceed on the foreclosure.

 

Subd. 4.  Lack of good faith.  If the homeowner does not execute an opt-out form and the mediator does not provide the foreclosing entity an affidavit of good faith in mediation following a mediation, all actions taken and documents recorded as part of the foreclosure process are void, and the foreclosing entity shall be prohibited from taking any action to initiate a new foreclosure for one year from the date of mediation.

 

Sec. 10.  [584.08] MEDIATION PROCESS.

 

Subdivision 1.  Appearances.  There will be one mediation session unless the mediator determines that a subsequent session is needed and may be helpful to a successful mediation.  The mediator can schedule no more than one subsequent mediation.  The Office of Administrative Hearings may allow the parties to appear through remote communication.  The Office of Administrative Hearings may reschedule the time or location of the mediation if reasonably necessary for the participation of a party.  A subsequent or rescheduled session may take place outside of the time period provided in section 584.03, subdivision 3.

 

Subd. 2.  Documents required at mediation.  The foreclosing entity shall bring to the mediation the following documents:

 

(1) a valid copy of the mortgage and note and each assignment or endorsement of the mortgage and note;

 

(2) an accurate statement containing the balance of the loan within seven days of the date of mediation;

 

(3) an accurate statement of any arrearage and an itemized statement of the arrearages;

 

(4) the payment history and schedule for the preceding 12 months, or since default, whichever is longer, including a breakdown of all fees and charges claimed and outstanding; and

 

(5) any appraisal or valuation estimate relied upon by the foreclosing entity in making a loan mitigation decision.

 

Subd. 3.  Mediation agreement.  The foreclosing entity, homeowner, and subsequent lienholders, if any, who are parties to an agreement reached in mediation are bound by the terms of the agreement, may enforce the mediation agreement as a legal contract, and may use the mediation agreement as a defense against an action contrary to the mediation agreement.

 

Sec. 11.  [584.09] SUBSEQUENT LIENHOLDERS GOOD FAITH IN MEDIATION REQUIRED.

 

Subdivision 1.  Requirement of good faith.  A subsequent lienholder must participate in mediation in good faith.  A subsequent lienholder does not participate in good faith if the subsequent lienholder:

 

(1) fails to attend and participate in mediation sessions without good cause;


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7030

(2) fails to designate a single point of contact with authority to make binding commitments to participate in the mediation;

 

(3) fails to provide a written explanation for not agreeing to a loss mitigation; or

 

(4) other similar behavior which evidences lack of good faith by a subsequent lienholder.

 

A failure to agree to modify, reduce, restructure, refinance, or forgive debt is not, in itself, evidence of lack of good faith by the subsequent lienholder.

 

Subd. 2.  Failure to participate in good faith.  If the mediator determines that a subsequent lienholder has not participated in good faith in the mediation, the mediator shall provide to all parties within one week of the end of the mediation an affidavit attesting to this determination.  The homeowner may record this affidavit, which shall have the effect of making void the lien of the subsequent lienholder determined to not have participated in good faith.  This subdivision only applies to subsequent lienholders with a lien value of more than $5,000.

 

Sec. 12.  [584.10] MORTGAGE FORECLOSURE MEDIATION PROGRAM DATA.

 

Subdivision 1.  Requirement to maintain data.  The Office of Administrative Hearings shall create an annual report on the success rate of the foreclosure mediation program.

 

Subd. 2.  Mediator reports.  The reports of mediators under section 584.07, subdivision 3, are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9.

 

Subd. 3.  Confidentiality of data created by the Office of Administrative Hearings in foreclosure mediation.  (a) All data regarding the finances of homeowners, foreclosing entities, and subsequent lienholders created, collected, and maintained by the mediators or the Office of Administrative Hearings are classified as private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9.

 

(b) All data and reports created by the Office of Administrative Hearings in complying with subdivision 1 shall be classified as public data not on individuals under section 13.02, subdivision 14.

 

Sec. 13.  [584.12] EXCLUSION OF GOVERNMENT LIENS.

 

Liens held by federal government, state government, or a local or municipal government are exempt from the requirements of this chapter and those entities do not have to provide a fully executed opt-out notice or the affidavit of good faith in mediation to proceed on a foreclosure by advertisement or judgment.

 

Sec. 14.  APPROPRIATION; OFFICE OF ADMINISTRATIVE HEARINGS.

 

$.......is appropriated in fiscal year 2015 from the general fund to the Office of Administrative Hearings for the operation of the foreclosure mediation program under Minnesota Statutes, chapter 584."

 

Amend the title as follows:

 

Page 1, line 2, after "mediation;" insert "appropriating money;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7031

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 1960, A bill for an act relating to elections; extending the deadline to purchase voting equipment with Help America Vote Act grants; amending Laws 2010, chapter 379, section 4, subdivisions 2, 4.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Clark from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 1983, A bill for an act relating to local government; modifying the threshold criteria for the allocation of low-income housing tax credits for the Dakota County Community Development Agency; amending Minnesota Statutes 2012, section 383D.41, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "to" and insert "for up to three"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1994, A bill for an act relating to public safety; prohibiting law enforcement agencies from using unmanned aerial cameras to gather evidence in certain circumstances; authorizing civil actions; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.

 

 

Huntley from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 2067, A bill for an act relating to capital investment; appropriating money for phase 1 of the Minnesota Security Hospital, St. Peter, renovation and construction project; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7032

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2091, A bill for an act relating to state employees; expanding the use of the vacation donation to sick leave account; amending Minnesota Statutes 2012, section 43A.1815.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2142, A bill for an act relating to public safety; providing victim of domestic violence or crime of violence with notice of release of offender; amending Minnesota Statutes 2012, sections 13.84, subdivision 5; 611A.06, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2 and insert:

 

"Sec. 2.  Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision to read:

 

Subd. 6.  Offender location.  (a) Upon the victim's written or electronic request and if the victim and offender have been household or family members as defined in section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the commissioner's designee shall disclose to the victim of an offender convicted of a crime pursuant to section 609.02, subdivision 16, notification of the city and zip code of the offender's residency upon or after release from a Department of Corrections facility, unless:

 

(1) the offender is not supervised by the commissioner of corrections or the commissioner's designee at the time of the victim request;

 

(2) the commissioner of corrections or the commissioner's designee does not have the city or zip code; or

 

(3) the commissioner of corrections or the commissioner's designee reasonably believes that disclosure of the city or zip code of the offender's residency creates a risk to the victim, offender, or public safety.

 

(b) After an offender, as defined in this subdivision, is released from a Department of Corrections facility, the commissioner of corrections or the commissioner's designee may disclose to the victim of the offender notification of the city and zip code of the offender's residency in compliance with paragraph (a), clauses (1) to (3).

 

(c) All identifying information regarding the victim including, but not limited to, the notification provided by the commissioner of corrections or the commissioner's designee is classified as private data on individuals as defined in section 13.02, subdivision 12, and is accessible only to the victim.

 

EFFECTIVE DATE.  This section is effective January 15, 2015."

 

Amend the title as follows:

 

Page 1, line 2, delete "or crime of"

 

Page 1, line 3, delete "violence"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7033

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2147, A bill for an act relating to state government; requiring continued employer insurance contributions for certain former state employees; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety Finance and Policy.

 

      The report was adopted.

 

 

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 2178, A bill for an act relating to food safety; providing a definition of farmers' market; permitting food product sampling and demonstration in certain circumstances; amending Minnesota Statutes 2012, sections 28A.03, by adding subdivisions; 28A.15, by adding a subdivision; 157.15, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 28A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision to read:

 

Subd. 11.  Farmers' market.  "Farmers' market" means an association of three or more persons who assemble at a defined public location that is open to the public for the purpose of selling directly to the consumer the products of a farm or garden occupied and cultivated by the person selling the product.  This definition applies to section 28A.15.

 

Sec. 2.  Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision to read:

 

Subd. 12.  Food product sampling.  "Food product sampling" means distributing to individuals at a farmers' market or community event, for promotional or educational purposes, small portions of a food item that include as a main ingredient a product sold by the vendor at the farmers' market or community event.  For purposes of this subdivision, "small portion" means a portion that is no more than three ounces of food or beverage.

 

Sec. 3.  Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision to read:

 

Subd. 13.  Food demonstration.  "Food demonstration" means cooking or preparing food products to distribute to individuals at a farmers' market for promotional or educational purposes.

 

Sec. 4.  [28A.031] FARMERS' MARKET DEFINITION; EXCEPTIONS.

 

The definition of farmers' market in section 28A.03, subdivision 11, does not prohibit:

 

(1) a farmers' market association from establishing a definition of farmers' market that applies to its membership that is more restrictive than the definition in section 28A.03, subdivision 11; or

 

(2) a local government from establishing a definition of farmers' market, by ordinance or regulation, for farmers' markets operating within the local government's jurisdiction.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7034

Sec. 5.  Minnesota Statutes 2012, section 28A.15, is amended by adding a subdivision to read:

 

Subd. 2a.  Farmers' market food sampling and demonstration.  (a) Persons engaged in food product sampling or food product demonstrations if:

 

(1) the main food product or food item is a product or item of the person's farm or garden, which is occupied and cultivated by the person;

 

(2) the person is exempt from licensing under subdivision 2, 9, or 10;

 

(3) the person is licensed under section 28A.05; or

 

(4) the person is providing nutrition education at a farmers' market or community event.

 

(b) Food provided through food product sampling or food demonstrations must be provided at no cost to the individual.

 

(c) Any person conducting food product sampling or food demonstrations shall provide to the regulatory authority upon request the following information related to the food product sampling or food demonstration conducted by the person:

 

(1) the source of the food used in the sampling or demonstration and whether or not the food was produced at the person's farm or garden;

 

(2) the type and volume of food to be served, held, prepared, packaged, or otherwise provided for human consumption;

 

(3) the equipment used to serve, hold, prepare, package, or otherwise provide food for human consumption;

 

(4) the time period and location of the food product sampling or food demonstration;

 

(5) the availability of facilities for hand washing by persons conducting the food product sampling or food demonstrations;

 

(6) information on facilities available for ware washing of multiuse utensils and equipment;

 

(7) the available source of water; and

 

(8) methods of liquid and solid waste disposal.

 

(d) Any person conducting food product sampling or food demonstrations shall meet the same food safety and equipment standards that are required of a special event food stand in Minnesota Rules, parts 4626.1855, items B to O, Q, and R; and 4626.0330.

 

Sec. 6.  Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:

 

Subd. 13.  Seasonal temporary food stand.  (a) "Seasonal temporary food stand" means a food and beverage service establishment that is a food stand which is disassembled and moved from location to location, but which operates for no more than 21 days annually at any one location, except as provided in paragraph (b).


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7035

(b) A seasonal temporary food stand may operate for more than 21 days annually at any one place with the approval of the regulatory authority, as defined in Minnesota Rules, part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Clark from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 2203, A bill for an act relating to human services; appropriating money to fund activities under the Homeless Youth Act.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 2211, A bill for an act relating to human services; modifying child care assistance redeterminations of eligibility; amending Minnesota Statutes 2012, section 119B.025, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 119B.025, subdivision 1.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 2214, A bill for an act relating to transportation; making technical changes to provisions affecting the Department of Transportation; clarifying contracting requirements; modifying U-turn rules; providing bridge inspection authority in certain instances; modifying reporting requirements; modifying appropriations; amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivisions 1f, 5; 161.3209, subdivision 2; 161.3420, subdivision 4; 161.3426, subdivisions 1, 4; 162.06, subdivision 1; 162.12, subdivision 1; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by adding subdivisions; Minnesota Statutes 2013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010, chapter 189, section 15, subdivision 12; Laws 2012, chapter 287, article 2, section 1; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a.

 

Reported the same back with the following amendments:

 

Page 1, lines 27 to 29, delete the new language and insert "For a construction contract utilizing partial payments based on an engineer's estimate or a payment application approved by an architect, an invoice includes an engineer's estimate or a payment application, as applicable, if made in regular intervals that are (1) as specified in the contract, and (2) no less frequent than once per month."


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7036

Page 2, line 13, after "accrue" insert "under this section"

 

Page 2, delete section 2

 

Pages 3 to 6, delete sections 4 to 7

 

Page 7, after line 5, insert:

 

"Sec. 5.  Minnesota Statutes 2012, section 162.081, subdivision 4, is amended to read:

 

Subd. 4.  Formula for distribution to towns; purposes.  (a) Money apportioned to a county from the town road account must be distributed to the treasurer of each town within the county, according to a distribution formula adopted by the county board.  The formula must take into account each town's levy for road and bridge purposes, its population and town road mileage, and other factors the county board deems advisable in the interests of achieving equity among the towns.  Distribution of town road funds to each town treasurer must be made by March 1, annually, or within 30 days after receipt of payment from the commissioner.  Distribution of funds to town treasurers in a county which has not adopted a distribution formula under this subdivision must be made according to a formula prescribed by the commissioner by rule.

 

(b) Money distributed to a town under this subdivision may be expended by the town only for the construction, reconstruction, and gravel maintenance of town roads within the town."

 

Page 11, line 1, reinstate the stricken language and delete the third comma and delete ", and 391"

 

Page 13, line 11, delete "or class B" and insert ", class B, or class C"

 

Page 14, line 32, delete "for driver qualifications" and insert "that consist of Code of Federal Regulations, title 49, parts 391.41 to 391.45, for physical qualifications and examinations"

 

Page 15, line 6, delete "with" and insert "within"

 

Page 15, after line 19, insert:

 

"Sec. 21.  Laws 2010, chapter 189, section 26, subdivision 4, is amended to read:

 

Subd. 4.  Trunk highway fund bond proceeds account.  To provide the money appropriated in this act from the bond proceeds account in the trunk highway fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $32,945,000 $31,452,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts requested by the commissioner of transportation.  The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be credited to the bond proceeds account in the trunk highway fund.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 15, after line 26, insert:

 

"Sec. 23.  Laws 2012, chapter 287, article 2, section 3, is amended to read:

 

Sec. 3.  TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT.

 

To provide the money appropriated in this article from the bond proceeds account in the trunk highway fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $16,120,000 $17,613,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7037

167.52, and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts requested by the commissioner of transportation.  The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be credited to the bond proceeds account in the trunk highway fund.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Finance.

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance to which was referred:

 

H. F. No. 2231, A bill for an act relating to metropolitan government; providing for additional financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations; amending Minnesota Statutes 2012, section 473.39, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2248, A bill for an act relating to sexually exploited youth; expanding the safe harbor director duties; appropriating money for service grants and safe housing; amending Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, line 10, before "is" insert "in fiscal year 2015"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 2255, A bill for an act relating to public safety; making conforming changes to the ignition interlock program to include limited licenses for program participants who do not have a driver's license due to criminal vehicular operation; amending Minnesota Statutes 2013 Supplement, section 171.306, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7038

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2263, A bill for an act relating to crime; requiring hospitals to give written notice of rights to victim of sexual assault; proposing coding for new law in Minnesota Statutes, chapter 611A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2295, A bill for an act relating to public safety; authorizing judicial districts to establish standards for using GPS to monitor domestic violence offenders; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, by adding a subdivision; repealing Minnesota Statutes 2012, section 629.72, subdivision 2a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 609.135, subdivision 5a, is amended to read:

 

Subd. 5a.  Domestic abuse victims; electronic monitoring.  (a) Until the commissioner of corrections a judicial district has adopted standards under section 629.72, subdivision 2a, paragraph (b), governing electronic monitoring devices used to protect victims of domestic abuse, the a court within the judicial district, as a condition of a stay of imposition or execution of a sentence, may not order an offender convicted of a crime described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.

 

(b) This subdivision applies to the following crimes, if committed by the defendant against a family or household member as defined in section 518B.01, subdivision 2:

 

(1) violations of orders for protection issued under chapter 518B;

 

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223, or 609.224; or domestic assault under section 609.2242;

 

(3) criminal damage to property under section 609.595;

 

(4) disorderly conduct under section 609.72;

 

(5) harassing telephone calls under section 609.79;

 

(6) burglary under section 609.582;

 

(7) trespass under section 609.605;

 

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section 609.342, 609.343, 609.344, 609.345, or 609.3451; and

 

(9) terroristic threats under section 609.713.;


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7039

(10) stalking under section 609.749;

 

(11) violations of harassment restraining orders under section 609.748;

 

(12) violations of domestic abuse no contact orders under section 629.75; and

 

(13) interference with an emergency call under section 609.78, subdivision 2.

 

(c) Notwithstanding paragraph (a), the judges in the Tenth Judicial District may order, as a condition of a stay of imposition or execution of a sentence, a defendant convicted of a crime described in paragraph (b), to use an electronic monitoring device to protect the victim's safety.  The judges shall make data on the use of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse.  The location data associated with the victim are security information as defined in section 13.37.  Location data maintained by a law enforcement agency, probation authority, prosecutorial agency, or court services department may be shared among those agencies to develop and monitor conditions of a stayed sentence under this section.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2012, section 629.72, subdivision 2a, is amended to read:

 

Subd. 2a.  Electronic monitoring; condition of pretrial release.  (a) Until the commissioner of corrections a judicial district has adopted standards under paragraph (b) governing electronic monitoring devices used to protect victims of domestic abuse, the a court within the judicial district, as a condition of release, may not order a person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to protect a victim's safety.

 

(b) Notwithstanding paragraph (a), district courts in the Tenth Judicial District may order, as a condition of a release, a person arrested on a charge of a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to protect the victim's safety.  The courts shall make data on the use of electronic monitoring devices to protect a victim's safety in the Tenth Judicial District available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse.  The chief judge of a judicial district may appoint and convene an advisory group to develop and biennially update standards for the use of electronic monitoring and global positioning system devices to protect victims of domestic abuse.  The advisory group must be comprised of representatives from law enforcement, prosecutors, defense attorneys, corrections, court administrators, probation, judges, and crime victim organizations, and include an industry representative with expertise in global positioning system devices.  At a minimum, the standards must:

 

(1) require a judge to order only the use of active, real-time monitoring;

 

(2) require that the victim be provided with information on the risks and benefits of using active, real-time monitoring and a notice outlining the district's standards;

 

(3) require informed, voluntary consent by the victim before the defendant may be released on electronic monitoring, and provide for time-sensitive procedures if a victim withdraws consent;

 

(4) address financial costs to the defendants and victims;

 

(5) promote policies and procedures that eliminate disproportionate impact adverse to underrepresented groups and populations; and


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7040

(6) provide for ongoing training and consultation with the advisory group members to continually improve victim safety and defendant accountability.

 

(c) The location data associated with the victim are security information as defined in section 13.37.  Location data maintained by a law enforcement agency, probation authority, prosecutorial agency, or court services department may be shared among those agencies to develop and monitor conditions of release under this section.

 

EFFECTIVE DATE.  This section is effective retroactively from January 15, 2014.

 

Sec. 3.  REPEALER.

 

Minnesota Statutes 2012, section 611A.07, subdivision 1, is repealed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; requiring judicial districts to establish minimum standards as a condition to using GPS to monitor domestic abuse offenders; protecting victim location data; amending Minnesota Statutes 2012, sections 609.135, subdivision 5a; 629.72, subdivision 2a; repealing Minnesota Statutes 2012, section 611A.07, subdivision 1."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.

 

 

Hilstrom from the Committee on Judiciary Finance and Policy to which was referred:

 

H. F. No. 2307, A bill for an act relating to health; providing for drug and alcohol overdose prevention and medical assistance; limiting liability; amending Minnesota Statutes 2012, sections 144E.101, subdivision 6; 151.37, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the following amendments:

 

Page 3, delete section 4 and insert:

 

"Sec. 4.  [631.205] SEEKING MEDICAL ASSISTANCE; MITIGATING FACTOR.

 

The act of providing first aid to, or seeking medical assistance for, another person experiencing an alcohol or drug overdose may be considered as a mitigating factor in a related criminal prosecution against the actor under chapter 152 or 340A, in the event that immunity is not provided by the prosecutor.  For purposes of this section, seeking medical assistance includes contacting a 911 operator, provided that the actor provides a name and contact information."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7041

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2320, A bill for an act relating to human services; establishing a training program to clarify and interpret the Civil Commitment Act as it pertains to persons with mental illness; appropriating money.

 

Reported the same back with the following amendments:

 

Page 1, line 17, after the comma, insert "Minnesota Hospital Association,"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2361, A bill for an act relating to health; adding requirements addressing health disparities in minority populations and identifying health priorities of minority populations; creating health disparities task force; amending Minnesota Statutes 2012, section 145.928, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 2, after line 14, insert:

 

"Sec. 4.  APPROPRIATION; WOMEN'S HEALTH EQUITY.

 

(a) $250,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of health for competitive grants to community organizations including but not limited to a Somali women-led prevention health care agency located in Minnesota to address women's health inequities.  Grantees must use community-based participatory research to address women's health inequities experienced by minority women and provide services through culturally specific, women-centered programs in order to:  (1) improve and increase women's access to maternal health programs, access to preventive care, reduce infant mortality, and increase health literacy; and (2) allow communities of color to address specific health issues affecting their communities that will improve health outcomes for women.  The commissioner, in consultation with the grantees, must develop a methodology to measure program outcomes.

 

(b) Interested organizations must apply to the commissioner on the forms and according to the timelines established by the commissioner.

 

(c) The commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on the program outcomes by January 15, 2016.

 

(d) Notwithstanding any other law or rule to the contrary, this is a onetime appropriation and is available until expended.

 

Sec. 5.  APPROPRIATION.

 

$75,000 in fiscal year 2015 is appropriated from the general fund to the commissioner of health for planning and conducting a training conference on immigrant and refugee mental health issues.  The training conference shall include a special emphasis on mental health concerns in the Somali immigrant community.  The input of Somali and other immigrant community representatives, mental health advocates, and other stakeholders shall be sought during the planning of the training conference for identifying issues, research findings, and potential speakers."


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7042

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "appropriating money;"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Mullery from the Committee on Early Childhood and Youth Development Policy to which was referred:

 

H. F. No. 2364, A bill for an act relating to human services; forecasting the basic sliding fee child care assistance program; modifying child care assistance provider reimbursement rates; amending Minnesota Statutes 2012, sections 119B.02, subdivisions 1, 2; 119B.03, subdivision 9; 119B.035, subdivisions 1, 4; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 4a; 119B.231, subdivision 5; 256.017, subdivision 9; Minnesota Statutes 2013 Supplement, sections 119B.011, subdivision 19b; 119B.05, subdivision 1; 119B.13, subdivision 1; repealing Minnesota Statutes 2012, sections 119B.011, subdivision 20a; 119B.03, subdivisions 1, 2, 5, 6, 6a, 6b, 8; 119B.09, subdivision 3; Minnesota Statutes 2013 Supplement, section 119B.03, subdivision 4; Minnesota Rules, parts 3400.0020, subpart 8; 3400.0030; 3400.0060, subparts 2, 4, 6, 6a, 7.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2365, A bill for an act relating to employment; requiring state agencies and professional licensing boards to expedite license processing for members of the military; providing for temporary licensure for certain military members; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "state agency and"

 

Page 1, line 12, delete "state agency"

 

Page 1, line 13, delete "or"

 

Page 1, line 20, delete "state agency and"

 

Page 2, lines 8, 12, and 14, delete "state agency or"

 

Amend the title as follows:

 

Page 1, line 2, delete "state agencies and"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7043

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2372, A bill for an act relating to human rights; making changes to scope of application for certificate of compliance; clarifying requirements for bids and proposals from certain businesses; amending Minnesota Statutes 2012, section 473.144; Minnesota Statutes 2013 Supplement, sections 363A.36, subdivision 1; 363A.37, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 2, line 10, before "unless" insert "on a single working day during the previous 12 months"

 

Page 2, line 11, after "certified" insert "in writing"

 

Page 2, line 12, after the first period, insert "No department or agency of the state shall execute any such contract or agreement with a business unless the business has a certificate of compliance from the commissioner or the business has certified in writing that it is exempt."

 

Page 3, line 3, reinstate the stricken language

 

Page 3, line 7, before the comma, insert "on a single working day during the previous 12 months"

 

Page 3, line 15, after "certified" insert "in writing" and strike "A certificate is"

 

Page 3, line 16, strike "valid for" and delete "four" and strike "years." and before "Section" insert "Neither the council nor any agency listed in section 473.143, subdivision 1, shall execute any contract or agreement with a business unless the business has a certificate of compliance from the commissioner or the business has certified in writing that it is exempt."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety Finance and Policy.

 

      The report was adopted.

 

 

Hortman from the Committee on Energy Policy to which was referred:

 

H. F. No. 2375, A bill for an act relating to energy; utilities; authorizing a bill for gas or electric services to include charges for certain conservation improvements; requiring a Sustainable Building 2030 incentive rate; requiring industrial energy efficiency plans to meet forecasted electric generation capacity needs; amending Minnesota Statutes 2012, sections 216B.241, by adding a subdivision; 216B.2422, subdivision 2, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 216B.241, is amended by adding a subdivision to read:

 

Subd. 5d.  On-bill loan repayment programs.  (a) For the purposes of this subdivision:

 

(1) "utility" means a public utility, municipal utility, or cooperative electric association that provides electric or natural gas service to retail customers; and


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7044

(2) "on-bill loan repayment program" means a program in which a utility collects on a customer's bill repayment of a loan to the customer by an eligible lender to finance the customer's investment in eligible energy conservation or renewable energy projects, and remits loan repayments to the lender.

 

(b) A utility may include as part of its conservation improvement plan an on-bill loan repayment program to enable a customer to finance eligible projects with installment loans originated by an eligible lender.  An eligible project is one that is either an energy conservation improvement, or a project that uses an eligible renewable energy source as that term is defined in section 216B.2411, subdivision 2, paragraph (b), but does not include mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste.  An eligible renewable energy source also includes solar thermal technology 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, and meets the requirements of section 216C.25.  To be an eligible lender, a lender must:

 

(1) have a federal or state charter and be eligible for federal deposit insurance; or

 

(2) be a government entity, including an entity established under chapter 469, that has authority to provide financial assistance for energy efficiency and renewable energy projects.

 

The commissioner must allow a utility broad discretion in designing and implementing an on-bill loan repayment program, provided that the program complies with this subdivision.

 

(c) A utility may establish an on-bill loan repayment program for all customer classes or for a specific customer class.

 

(d) A public utility that implements an on-bill repayment program under this subdivision must enter into a contract with one or more eligible lenders that complies with the requirements of this subdivision and contains provisions addressing capital commitments, loan origination, transfer of loans to the public utility for on-bill loan repayment, and acceptance of loans returned due to delinquency or default.

 

(e) A public utility's contract with a lender must require the lender to comply with all applicable federal and state laws, rules, and regulations related to lending practices and consumer protection, and to conform to reasonable and prudent lending standards. 

 

(f) A public utility's contract with a lender may provide:

 

(1) for the public utility to purchase loans from the lender with a condition that the lender must purchase back loans in delinquency or default; or

 

(2) for the lender to retain ownership of loans with the public utility servicing the loans through on-bill repayment as long as payments are current. 

 

The risk of default must remain with the lender.  The lender shall not have recourse against the public utility except in the event of negligence or breach of contract by the utility.

 

(g) If a public utility customer makes a partial payment on a utility bill that includes a loan installment, the partial payment must be credited first to the amount owed for utility service, including taxes and fees.  A public utility may not suspend or terminate a customer's utility service for delinquency or default on a loan that is being serviced through the public utility's on-bill loan repayment program.

 

(h) An outstanding balance on a loan being repaid under this subdivision is a financial obligation only of the customer who is signatory to the loan, and not to any subsequent customer occupying the property associated with the loan.  If the utility purchases loans from the lender as authorized under paragraph (f), clause (1), the utility must return to the lender a loan not repaid when a customer borrower no longer occupies the property.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7045

(i) Costs incurred by a public utility under this subdivision are recoverable as provided in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs for billing system modifications necessary to implement and operate an on-bill loan repayment program and for ongoing costs to operate the program.  Approved costs may be counted toward a utility's conservation spending requirements under subdivisions 1a and 1b.  Energy savings from energy conservation improvements resulting from this section may be counted toward satisfying a utility's energy-savings goals under subdivision 1c.

 

(j) This subdivision does not require a utility to terminate or modify an existing financing program and does not prohibit a utility from establishing an on-bill financing program in which the utility provides the financing capital.

 

(k) A municipal utility or cooperative electric association that implements an on-bill loan repayment program shall design the program to address the issues identified in paragraphs (d) to (h) as determined by the governing board of the utility or association.

 

Sec. 2.  Minnesota Statutes 2012, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 2c.  Long-range emission reduction planning.  Each utility required to file a resource plan under this section shall include in the filing a narrative identifying and describing the costs, opportunities, and technical barriers to the utility continuing to make progress on its system toward achieving the state greenhouse gas emission reduction goals established in section 216H.02, subdivision 1, and the technologies, alternatives, and steps the utility is considering to address those opportunities and barriers."

 

Delete the title and insert:

 

"A bill for an act relating to energy; providing for on-bill loan repayment programs; requiring long-range emission reduction planning; amending Minnesota Statutes 2012, sections 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 2413, A bill for an act relating to commerce; prohibiting certain practices in connection with a sales representative agreement; amending Minnesota Statutes 2012, section 325E.37, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 16, before the first "or" insert ", renewed,"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7046

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing training and expert support in the prosecution of synthetic drug cases; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, by adding subdivisions; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b.

 

Reported the same back with the following amendments:

 

Page 8, delete sections 9, 10, and 12

 

Renumber the sections in sequence

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Policy.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2472, A bill for an act relating to human services; modifying mental health crisis intervention and stabilization services; amending Minnesota Statutes 2012, sections 253B.066, subdivision 1; 256B.0615, subdivision 3; 256B.0624, subdivisions 2, 5, 6, 10.

 

Reported the same back with the following amendments:

 

Page 1, line 11, after "crisis" insert "assessment and"

 

Page 2, line 18, after "includes" insert ", when feasible,"

 

Page 4, line 30, after "shall" insert "offer to"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 2481, A bill for an act relating to public safety; pupil transportation; requiring seat belt cutters in type III vehicles; requiring school bus drivers to conduct post-trip inspections; modifying reporting and cancellation requirements for bus endorsements; amending Minnesota Statutes 2012, sections 169.443, by adding a subdivision; 169.451, subdivision 4, by adding a subdivision; 169.454, by adding a subdivision; 169.4582, by adding a subdivision; 171.02, subdivision 2b; 171.3215, subdivisions 1, 2.

 

Reported the same back with the following amendments:


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7047

Page 1, after line 9, insert:

 

"Section 1.  Minnesota Statutes 2012, section 169.443, subdivision 7, is amended to read:

 

Subd. 7.  Misdemeanor.  Except as provided in subdivision 10, paragraph (b), a person who violates this section is guilty of a misdemeanor."

 

Page 1, line 12, before "Each" insert "(a)"

 

Page 1, after line 13, insert:

 

"(b) If a child is left unattended on a school bus after a post-trip inspection or as the result of the failure to conduct a post-trip inspection under this subdivision, the driver is guilty of a gross misdemeanor."

 

Page 2, line 9, delete "carrier, district," and insert "carrier or district"

 

Page 2, line 10, delete "operator, or driver" and after "10," insert "paragraph (b),"

 

Page 2, line 11, after the period, insert "A violation of this subdivision is a misdemeanor."

 

Page 4, line 10, delete "employee" and insert "operator"

 

Page 4, line 35, after "10" insert ", paragraph (b)"

 

Page 5, line 8, before "Within" insert "Except as otherwise provided in this section,"

 

Page 5, line 34, delete the first "of" and insert "for" and after "10," insert "paragraph (b),"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "providing penalties;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Policy.

 

      The report was adopted.

 

 

Paymar from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 2552, A bill for an act relating to public safety; regulating the use of unmanned aerial vehicles by law enforcement; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7048

Mariani from the Committee on Education Policy to which was referred:

 

H. F. No. 2569, A bill for an act relating to education; adopting the interstate compact on educational opportunity for military children; requiring a military-connected youth identifier; amending Minnesota Statutes 2012, section 127A.70, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 127A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 2571, A bill for an act relating to water; modifying drainage system provisions; amending Minnesota Statutes 2012, sections 103E.015, subdivisions 1, 2, by adding a subdivision; 103E.091, subdivision 1; 103E.245, subdivisions 1, 2, 4; 103E.255; 103E.261, subdivisions 4, 5; 103E.285, subdivision 10; 103E.301; 103E.341, subdivision 1; 103E.501, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2621, A bill for an act relating to public beaches; requiring lifeguards at public beaches to have certain minimum training; proposing coding for new law in Minnesota Statutes, chapters 86B; 471.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 2, line 8, delete ""Tony's Law."" and insert ""Tony Caine's Law.""

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Marquart from the Committee on Education Finance to which was referred:

 

H. F. No. 2629, A bill for an act relating to education finance; taxation; minerals; encouraging cooperatively authorized secondary programs; expanding cooperation aid; imposing an excise tax on royalties; allowing an income and corporate franchise tax credit; increasing the taconite production tax rate; modifying the distribution of production taxes; providing security for payment of certain school bonds; authorizing uses of the Douglas J. Johnson


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7049

economic protection trust fund; establishing a trust account to finance school facilities on the Iron Range; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 123A.442, by adding a subdivision; 123A.485; 123A.64; 290.01, by adding a subdivision; 290.06, by adding a subdivision; 290.62; 290.923, by adding a subdivision; 298.28, subdivision 11, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 123B.53, subdivision 1; 126C.48, subdivision 8; 290.10, subdivision 1; 298.292, subdivision 2; Laws 2013, chapter 116, article 1, section 58, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 123A; 290; 298; repealing Minnesota Statutes 2012, section 290.923, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 3, after line 2, insert:

 

"Subd. 9.  Election.  A district entering into a joint powers agreement under this section may conduct a referendum seeking approval for a new facility.  This election may be held separately or at the same time as a bond election under subdivision 8.  If the election is held at the same time, the questions may be asked separately or as a conjunctive question.  The question must be approved by a majority of those voting on the question.  If asked separately and the question fails, a district may not proceed with the sale of bonds according to subdivision 8."

 

Page 3, line 25, strike "The number of pupil units used to calculate aid"

 

Page 3, line 27, delete "under this section must not exceed 2,000."

 

Page 5, line 13, after "excluding" insert "both"

 

Page 5, line 15, delete "including" and insert "and"

 

Page 6, line 7, delete "section" and insert "sections" and after "298.301" insert "and 298.292, subdivision 2, clause (6),"

 

Page 7, line 19, delete ", subdivision 1"

 

Page 9, line 15, delete "2014" and insert "2013"

 

Page 12, line 11, after "buildings" insert ", technology improvements," and after "other" insert "major"

 

Page 12, line 16, after "$600,000" insert "applied to debt service amounts currently incurred or future amounts for a period not to exceed ten years"

 

Page 12, line 17, after "$1,500,000" insert "for a period not to exceed 15 years"

 

Page 12, line 18, delete "$5,000,000" and insert "$5,500,000 for a period not to exceed 20 years"

 

Page 12, delete lines 19 to 21 and insert:

 

"(b) The amounts in paragraph (a), clause (3), may be reallocated to the remaining districts approving bond issues if the voters of Independent School District No. 706, Virginia, fail to approve a bond election for a cooperative high school, according to the terms of the joint powers agreement entered into under section 123A.482."


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7050

Page 12, before line 22, insert:

 

"Subd. 3.  Payment adjustment.  The commissioner of the Iron Range Resources and Rehabilitation Board, with the approval of the board, may adjust the payments to a district specified in subdivision 2 if the recipient district presents to the commissioner an initial bond repayment schedule or a revised bond replacement schedule that necessitates a different payment amount."

 

Renumber the subdivisions in sequence

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Dill from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 2651, A bill for an act relating to game and fish; allowing legally taken deer to be used in a contest in conjunction with a raffle; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

      The report was adopted.

 

 

Liebling from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 2656, A bill for an act relating to health; modifying the use of the all-payer claims data; convening a work group to make recommendations on expanded uses of the all-payer claims database; amending Minnesota Statutes 2012, section 62U.04, subdivisions 2, 3, 3b, 3c, 3d, 4, 5, by adding subdivisions; repealing Minnesota Statutes 2012, section 62U.04, subdivision 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:

 

Subd. 4.  Encounter data.  (a) Beginning July 1, 2009, and every six months thereafter, all health plan companies and third-party administrators shall submit encounter data to a private entity designated by the commissioner of health.  The data shall be submitted in a form and manner specified by the commissioner subject to the following requirements:

 

(1) the data must be de-identified data as described under the Code of Federal Regulations, title 45, section 164.514;

 

(2) the data for each encounter must include an identifier for the patient's health care home if the patient has selected a health care home; and


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7051

(3) except for the identifier described in clause (2), the data must not include information that is not included in a health care claim or equivalent encounter information transaction that is required under section 62J.536.

 

(b) The commissioner or the commissioner's designee shall only use the data submitted under paragraph (a) to carry out its responsibilities in this section, including supplying the data to providers so they can verify their results of the peer grouping process consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d), and adopted by the commissioner and, if necessary, submit comments to the commissioner or initiate an appeal.

 

(c) Data on providers collected under this subdivision are private data on individuals or nonpublic data, as defined in section 13.02.  Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary data prepared under this subdivision may be derived from nonpublic data.  The commissioner or the commissioner's designee shall establish procedures and safeguards to protect the integrity and confidentiality of any data that it maintains.

 

(d) The commissioner or the commissioner's designee shall not publish analyses or reports that identify, or could potentially identify, individual patients.

 

(e) The commissioner shall compile summary information on the data submitted under this subdivision.  The commissioner shall work with its vendors to assess the data submitted in terms of compliance with the data submission requirements and the completeness of the data submitted by comparing the data with summary information compiled by the commissioner and with established and emerging data quality standards to ensure data quality.

 

Sec. 2.  Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision to read:

 

Subd. 10.  Suspension.  Notwithstanding subdivisions 3, 3a, 3b, 3c, and 3d, the commissioner shall suspend the development and implementation of the provider peer grouping system required under this section.  This suspension shall continue until the legislature authorizes the commissioner to resume this activity.

 

Sec. 3.  Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision to read:

 

Subd. 11.  Restricted uses of the all-payer claims data.  (a) Notwithstanding subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for the following purposes:

 

(1) to evaluate the performance of the health care home program as authorized under sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;

 

(2) to study, in collaboration with the reducing avoidable readmissions effectively (RARE) campaign, hospital readmission trends and rates;

 

(3) to analyze variations in health care costs, quality, utilization, and illness burden based on geographical areas or populations; and

 

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments of Health and Human Services, including the analysis of health care cost, quality, and utilization baseline and trend information for targeted populations and communities.

 

(b) The commissioner may publish the results of the authorized uses identified in paragraph (a) so long as the data released publicly do not contain information or descriptions in which the identity of individual hospitals, clinics, or other providers may be discerned.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7052

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from using the data collected under subdivision 4 to complete the state-based risk adjustment system assessment due to the legislature on October 1, 2015.

 

(d) The commissioner or the commissioner's designee may use the data submitted under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1, 2016.

 

Sec. 4.  Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision to read:

 

Subd. 12.  All-payer claims database work group.  (a) The commissioner of health shall convene a work group to develop a framework for the expanded use of the all-payer claims database established under this section.  The work group shall develop recommendations based on the following questions and other topics as identified by the work group:

 

(1) what should the parameters be for allowable uses of the all-payer claims data collected under Minnesota Statutes, section 62U.04, beyond the uses authorized in Minnesota Statutes, section 62U.04, subdivision 11;

 

(2) what type of advisory or governing body should guide the release of data from the all-payer claims database;

 

(3) what type of funding or fee structure would be needed to support the expanded use of all-payer claims data;

 

(4) what should the mechanisms be by which the data would be released or accessed, including the necessary information technology infrastructure to support the expanded use of the data under different assumptions related to the number of potential requests and manner of access;

 

(5) what are the appropriate privacy and security protections needed for the expanded use of the all-payer claims database; and

 

(6) what additional resources might be needed to support the expanded use of the all-payer claims database, including expected resources related to information technology infrastructure, review of proposals, maintenance of data use agreements, staffing an advisory body, or other new efforts.

 

(b) The commissioner of health shall appoint the members to the work group as follows:

 

(1) two members recommended by the Minnesota Medical Association;

 

(2) two members recommended by the Minnesota Hospital Association;

 

(3) two members recommended by the Minnesota Council of Health Plans;

 

(4) one member who is a data practices expert from the Department of Administration;

 

(5) three members who are academic researchers with expertise in claims database analysis;

 

(6) two members representing two state agencies determined by the commissioner;

 

(7) one member representing the Minnesota Health Care Safety Net Coalition; and

 

(8) three members representing consumers.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7053

(c) The commissioner of health shall submit a report on the recommendations of the work group to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services, judiciary, and civil law by February 1, 2015.  In considering the recommendations provided in the report, the legislature may consider whether the currently authorized uses of the all-payer claims data under this section should continue to be authorized.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to health; modifying the use of the all-payer claims data; convening a work group to make recommendations on expanded uses of the all-payer claims database; amending Minnesota Statutes 2012, section 62U.04, subdivision 4, by adding subdivisions."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 2694, A bill for an act relating to commerce; modifying regulation of real estate brokers and salespersons; amending Minnesota Statutes 2012, sections 82.55, subdivisions 13, 15, 16, by adding subdivisions; 82.57, subdivisions 1, 3, 7; 82.58, subdivisions 2, 4; 82.59, subdivision 7; 82.61; 82.62, subdivisions 1, 3; 82.63, subdivisions 1, 3, 6, 10, 12; 82.64; 82.66, subdivision 2; 82.67, subdivision 3; 82.68, subdivision 3; 82.69; 82.70, subdivisions 1, 5; 82.71, subdivision 5; 82.72, subdivisions 2, 3; 82.73, subdivision 3; 82.735, subdivision 1; 82.75, subdivisions 1, 2, 5; 82.81, subdivisions 6, 9; Minnesota Statutes 2013 Supplement, sections 82.62, subdivision 7; 82.63, subdivision 8; repealing Minnesota Statutes 2012, section 82.55, subdivision 17.

 

Reported the same back with the following amendments:

 

Page 1, delete sections 2 and 3

 

Page 5, line 26, strike "renewal" and insert "reactivation"

 

Page 5, line 28, before the period, insert "or revoked"

 

Page 5, strike line 30

 

Page 5, line 31, strike everything before the comma and insert "for reasons that qualify the individual for the exemption for military service under section 326.56, subdivision 2"

 

Page 9, line 28, delete the comma and insert "or" and after the second "a" insert "partnership or"

 

Page 9, line 31, before "or" insert "partnership,"

 

Page 19, delete section 34


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7054

Page 22, delete section 40

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law.

 

      The report was adopted.

 

 

Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:

 

H. F. No. 2695, A bill for an act relating to commerce; modifying requirements for Department of Commerce licensee education; amending Minnesota Statutes 2012, section 45.25, subdivisions 2a, 5a.

 

Reported the same back with the following amendments:

 

Page 1, line 14, delete "which" and insert "that"

 

Page 1, line 18, after "process" insert ", other than the ones defined in subdivision 2a, clauses (2) and (3), that is"

 

Page 1, line 20, after "course" insert "that does not meet the requirements of subdivision 2a, clause (2) or (3)"

 

Page 1, line 21, before "course" insert "noninteractive" and strike "by the instructor"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Erhardt from the Committee on Transportation Policy to which was referred:

 

H. F. No. 2728, A bill for an act relating to public safety; modifying permits for motorized bicycle operators; establishing a fee for the commercial learner's permit; providing for federal conformance in laws pertaining to commercial motor vehicles; amending Minnesota Statutes 2012, sections 171.02, subdivision 3; 171.06, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 171.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Finance.

 

      The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2736, A bill for an act relating to broadband; appropriating money for broadband service mapping.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Jobs and Economic Development Finance and Policy.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7055

Poppe from the Committee on Agriculture Policy to which was referred:

 

H. F. No. 2746, A bill for an act relating to agriculture; removing obsolete, redundant, and unnecessary laws administered by the Department of Agriculture; transferring the enforcement of warehouse law from the Department of Agriculture to the Department of Commerce; amending Minnesota Statutes 2012, sections 17.03, subdivision 1; 17.101, subdivision 5; 28A.05; 28A.08, subdivision 3; 32.645, subdivision 1; 231.01, subdivisions 2, 5; 231.18, subdivision 3; 609B.105; Minnesota Statutes 2013 Supplement, section 28A.0752, subdivision 1; repealing Minnesota Statutes 2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161; 17.138; 17.14, subdivisions 1, 3, 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42; 17.43; 17.44; 17.452, subdivisions 1, 2; 18.011; 18.62; 18.63; 18.64; 18.65; 18.66; 18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1, 6; 30.099; 30.10; 30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 30.17; 30.19; 30.20; 30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411, subdivisions 1, 2, 3, 4, 5; 32.417; 32.57; 32.59.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 17 and 18

 

Page 8, delete article 2

 

Amend the title as follows:

 

Page 1, line 3, delete everything after the semicolon

 

Page 1, delete line 4

 

Page 1, line 5, delete "Commerce;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Mahoney from the Committee on Jobs and Economic Development Finance and Policy to which was referred:

 

H. F. No. 2762, A bill for an act relating to cosmetology; making changes to the Board of Cosmetologist Examiners; authorizing exempt rulemaking; amending Minnesota Statutes 2012, sections 155A.23, subdivision 6; 155A.275, subdivision 1; 155A.29, subdivisions 1, 3, by adding a subdivision; 155A.32; 155A.33, subdivision 4; Minnesota Statutes 2013 Supplement, sections 155A.20; 155A.25, subdivision 4; 155A.27, subdivision 10; repealing Minnesota Statutes 2012, sections 155A.24, subdivisions 3, 4; 155A.27, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, line 14, reinstate the stricken "appointed by the governor"

 

Page 1, line 21, delete ", appointed by the governor"


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7056

Page 3, after line 12, insert:

 

"Sec. 5.  Minnesota Statutes 2013 Supplement, section 155A.271, subdivision 2, is amended to read:

 

Subd. 2.  Schools and professional associations.  (a) Only a board-licensed school of cosmetology, a postsecondary institution as defined in section 136A.103, paragraph (a), or a board-recognized professional association may offer continuing education curriculum for credit under this section.  The school and professional association may offer online and independent study options to achieve maximum involvement of licensees and is encouraged to offer classes available in foreign language formats.

 

(b) Board recognition of a professional association is valid for three years and is contingent upon submission and preapproval of the general curriculum to be offered.  The board may revoke recognition at any time for just cause.  The professional association offering continuing education must be organized under chapter 317A.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Page 4, after line 4, insert:

 

"Sec. 10.  Minnesota Statutes 2012, section 155A.30, subdivision 1, is amended to read:

 

Subdivision 1.  Licensing.  Any person who establishes or conducts a school in this state shall be licensed.  A license issued to postsecondary licensed cosmetology schools meeting the provisions of subdivision 12 shall include the designation "Postsecondary Cosmetology School License."

 

Sec. 11.  Minnesota Statutes 2012, section 155A.30, is amended by adding a subdivision to read:

 

Subd. 12.  Minnesota state authorization.  A cosmetology school licensed or applying for licensure under this section shall maintain recognition as an institution of postsecondary study by meeting the following conditions, in addition to the provisions of Minnesota Rules, parts 2110.0310 and 2110.0370:

 

(1) the school must admit as regular students only those individuals who have a high school diploma or a diploma based on passing general education development (GED) tests or their equivalent, or who is beyond the age of compulsory education as prescribed by section 120A.22; and

 

(2) the school must be licensed by name and authorized by the Department of Higher Education and the board to offer one or more training programs beyond the secondary level."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:

 

H. F. No. 2767, A bill for an act relating to telecommunications; eliminating antiquated, unnecessary, redundant, or obsolete laws; making conforming changes; amending Minnesota Statutes 2012, sections 237.763; 237.773, subdivision 1; repealing Minnesota Statutes 2012, sections 237.03; 237.068; 237.44; 237.45; 237.57; 237.59, subdivisions 1, 1a, 2, 3, 4, 5, 6, 8, 9, 10; 237.75.

 

Reported the same back with the following amendments:


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7057

Delete everything after the enacting clause and insert:

 

"Section 1.  REPEALER.

 

Minnesota Statutes 2012, sections 237.068; 237.44; and 237.45, are repealed."

 

Amend the title as follows:

 

Page 1, line 3, delete "making conforming changes;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2785, A bill for an act relating to state government; requiring a feasibility study on creating a central fund to pay for costs of providing accommodations to state employees with disabilities.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Veterans Affairs.

 

      The report was adopted.

 

 

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

H. F. No. 2812, A bill for an act relating to state observances; creating Veterans' Voices Month; proposing coding for new law in Minnesota Statutes, chapter 10.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Nelson from the Committee on Government Operations to which was referred:

 

H. F. No. 2849, A bill for an act relating to transportation; motor vehicles; eliminating barriers to the purchase of electric and plug-in hybrid electric vehicles by state agencies; amending Minnesota Statutes 2012, sections 16C.138, subdivision 2; 160.02, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7058

Murphy, M., from the Committee on State Government Finance and Veterans Affairs to which was referred:

 

S. F. No. 1952, A bill for an act relating to state government; ratifying labor agreements and compensation plans; amending Minnesota Statutes 2013 Supplement, section 15A.0815, subdivision 5.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 917, 2091, 2178, 2255, 2375, 2571, 2621, 2695, 2746, 2812 and 2849 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Poppe; Anderson, P.; Fabian; McNamar and Erickson, R., introduced:

 

H. F. No. 3018, A bill for an act relating to agriculture; adding two new members to the Agricultural Utilization Research Institute; amending Minnesota Statutes 2012, section 116V.01, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Agriculture Policy.

 

 

Anderson, P.; Torkelson; Swedzinski and Garofalo introduced:

 

H. F. No. 3019, A bill for an act relating to energy; appropriating money for propane tank grants.

 

The bill was read for the first time and referred to the Committee on Energy Policy.

 

 

Lesch introduced:

 

H. F. No. 3020, A bill for an act relating to fire protection; requiring disclosures regarding compliance with fire sprinkler requirements; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7059

Atkins introduced:

 

H. F. No. 3021, A bill for an act relating to building codes; prohibiting spans or weight loads containing engineered lightweight wood components; amending Minnesota Statutes 2012, section 299F.01, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Ward, J.A., and Lohmer introduced:

 

H. F. No. 3022, A bill for an act relating to economic development; border city development zones; authorizing Washington County to designate cities within its jurisdiction as development zones; appropriating money.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Radinovich; Ward, J.E.; Mahoney and Metsa introduced:

 

H. F. No. 3023, A bill for an act relating to economic development; creating an innovation voucher pilot program; encouraging business growth and expansion; appropriating money.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Ward, J.E., introduced:

 

H. F. No. 3024, A bill for an act relating to the city of Baxter; tax increment financing; adding parcels to district.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Beard, Runbeck, Scott, Garofalo and Anderson, S., introduced:

 

H. F. No. 3025, A bill for an act relating to transportation; limiting conversion of general purpose traffic lanes; proposing coding for new law in Minnesota Statutes, chapter 160.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

Fabian; Erickson, R., and Kiel introduced:

 

H. F. No. 3026, A bill for an act relating to energy; utilities; amending rates governing compensation by utilities for certain small power generators; amending Minnesota Statutes 2013 Supplement, section 216B.164, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Energy Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7060

Allen introduced:

 

H. F. No. 3027, A bill for an act relating to human services; modifying provisions relating to children and family services; changing requirements for the Northstar Care for Children program, background studies, and adoption; making technical changes; amending Minnesota Statutes 2012, sections 256I.04, subdivision 2a; 257.85, subdivision 11; 259.41, subdivision 1; Minnesota Statutes 2013 Supplement, sections 252.27, subdivision 2a; 256B.055, subdivision 1; 256D.44, subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1; 256N.24, subdivisions 9, 10; 259.35, subdivision 1; 609B.445.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Hackbarth introduced:

 

H. F. No. 3028, A bill for an act relating to natural resources; modifying regulation of off-highway vehicles; providing for donations to fund trails; modifying information on driver's license and identification card; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.773, by adding a subdivision; 84.788, by adding a subdivision; 84.791, subdivision 4; 84.794, subdivision 1; 84.798, by adding a subdivision; 84.803, subdivision 1; 84.82, by adding a subdivision; 84.83, subdivision 2; 84.922, by adding a subdivision; 84.925, subdivision 3; 85.41, by adding a subdivision; 85.43; 85.46, subdivision 6, by adding a subdivision; 171.07, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 84.9256, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Franson; Hoppe; Mack; Dean, M., and Pugh introduced:

 

H. F. No. 3029, A bill for an act relating to taxation; individual income; allowing an income tax credit for certain insurance premium increases occurring in 2014; appropriating money.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Loeffler, Liebling, Moran, Norton, Kahn, Laine and Johnson, C., introduced:

 

H. F. No. 3030, A bill for an act relating to health; appropriating money to the commissioner of health for the planning and conducting of a conference on immigrant and refugee mental health issues.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Liebling and Huntley introduced:

 

H. F. No. 3031, A bill for an act relating to human services; establishing uniform public assistance program eligibility and verification; amending Minnesota Statutes 2012, sections 254B.04, subdivision 3; 256D.02, subdivisions 8, 12; 256D.05, subdivision 5; 256D.06, subdivision 1; 256D.08, subdivision 1, by adding a subdivision; 256D.10; 256D.405, subdivisions 1, 3; 256D.425, subdivision 2; 256I.03, by adding a subdivision; 256I.04, subdivision 1; 256J.08, subdivisions 47, 57, 83, by adding a subdivision; 256J.10; 256J.21, subdivision 4; 256J.30, subdivision 4; 256J.32, subdivision 1; 256J.33, subdivision 2; 256J.37, as amended; 256J.425, subdivisions


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7061

1, 7; 256J.95, subdivisions 8, 9, 10; Minnesota Statutes 2013 Supplement, sections 256J.21, subdivision 3; 256J.30, subdivision 9; proposing coding for new law as Minnesota Statutes, chapter 256P; repealing Minnesota Statutes 2012, sections 256D.06, subdivision 1b; 256D.08, subdivision 2; 256D.405, subdivisions 1a, 2; 256J.08, subdivisions 42, 55a, 82a; 256J.20; 256J.24, subdivision 9; 256J.32, subdivisions 2, 3, 4, 5a, 6, 7, 7a, 8; Minnesota Statutes 2013 Supplement, section 256J.08, subdivision 24.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Dorholt introduced:

 

H. F. No. 3032, A bill for an act relating to taxation; property; modifying rules for calculation of net tax capacity for divided lands; amending Minnesota Statutes 2012, section 272.162.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Winkler introduced:

 

H. F. No. 3033, A bill for an act relating to campaign finance; modifying certain contribution limits; requiring certain reports to be made available online; amending Minnesota Statutes 2012, sections 211A.02, by adding a subdivision; 211A.12.

 

The bill was read for the first time and referred to the Committee on Elections.

 

 

Isaacson; Norton; Ward, J.E.; Savick and Gunther introduced:

 

H. F. No. 3034, A bill for an act relating to employment; appropriating money for extended employment services for persons with severe disabilities.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Liebling, Norton and McDonald introduced:

 

H. F. No. 3035, A bill for an act relating to human services; establishing a single administrator to administer the provision of dental services to medical assistance and MinnesotaCare enrollees; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Runbeck and Hertaus introduced:

 

H. F. No. 3036, A bill for an act relating to transportation; exempting the Department of Transportation from payment of sales tax and providing for appropriation of sales tax amounts to be paid to contractors; adjusting distribution of motor vehicle lease sales tax revenues; amending formula for payment of replacement service operation costs; amending Minnesota Statutes 2012, section 473.388, subdivision 4; Minnesota Statutes 2013 Supplement, sections 297A.70, subdivision 2; 297A.815, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 161.

 

The bill was read for the first time and referred to the Committee on Transportation Finance.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7062

Lien, Kiel, Marquart and McNamar introduced:

 

H. F. No. 3037, A bill for an act relating to taxation; property; reducing the class rate for the disparity reduction credit; amending Minnesota Statutes 2013 Supplement, section 273.1398, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Masin introduced:

 

H. F. No. 3038, A bill for an act relating to transportation; removing length limit of certain connector highways; allowing one-week bid advertisement period for certain trunk highway contracts; clarifying state responsibility for certain bond payments for cities with population decline to under 5,000; amending Minnesota Statutes 2012, sections 161.261, subdivisions 1, 2; 161.32, subdivision 4; 162.18, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

O'Driscoll and Howe introduced:

 

H. F. No. 3039, A bill for an act relating to public safety; motor vehicles; authorizing an "Operation Just Cause" special veterans license plate; amending Minnesota Statutes 2012, section 168.123, subdivision 1; Minnesota Statutes 2013 Supplement, section 168.123, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

Nelson introduced:

 

H. F. No. 3040, A bill for an act relating to investment of public funds; authorizing investment in certain negotiated certificates of deposit; amending Minnesota Statutes 2012, section 118A.04, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Nelson introduced:

 

H. F. No. 3041, A bill for an act relating to state government operation; state debt collection; removing obsolete, redundant, and unnecessary laws administered by the Department of Revenue; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3; 270A.03, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Newton introduced:

 

H. F. No. 3042, A bill for an act relating to education finance; simplifying the registration process for certain recipients of early learning scholarships; clarifying the payment process for certain program providers; amending Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7063

Allen introduced:

 

H. F. No. 3043, A bill for an act relating to Kathio Township; authorizing the town to convey the Lakewood Cemetery to the Mille Lacs Band of Ojibwe.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Winkler, Clark and Mahoney introduced:

 

H. F. No. 3044, A bill for an act relating to unemployment insurance; modifying definitions; modifying time period for appeal deadlines; amending Minnesota Statutes 2012, section 268.085, subdivision 15.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Mariani introduced:

 

H. F. No. 3045, A bill for an act relating to education; directing the Board of Teaching to enter into an interstate reciprocity agreement for teacher licensure; amending Minnesota Statutes 2012, section 122A.23, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Fischer and Clark introduced:

 

H. F. No. 3046, A bill for an act relating to human services; modifying eligibility criteria for group residential housing; amending Minnesota Statutes 2012, section 256I.04, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

McNamar introduced:

 

H. F. No. 3047, A bill for an act relating to judiciary; requiring oaths by attorneys and judges; prohibiting communications made outside presence of the parties; providing that polygraph evidence is admissible per se in civil proceedings; amending Minnesota Statutes 2012, sections 481.071; 484.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 484; 602.

 

The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.

 

 

Myhra introduced:

 

H. F. No. 3048, A bill for an act relating to data practices; clarifying requirements related to disclosure of certain personnel data; amending Minnesota Statutes 2013 Supplement, section 13.43, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Civil Law.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7064

Howe, Newberger and Kresha introduced:

 

H. F. No. 3049, A bill for an act relating to building officials; establishing the Building Code Administrators and Inspections Board; amending Minnesota Statutes 2012, sections 326B.133, subdivisions 2, 3, 8; 326B.135, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 326B.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Howe introduced:

 

H. F. No. 3050, A bill for an act relating to capital investment; appropriating money for water infrastructure in the city of Cold Spring; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Veterans Affairs.

 

 

Drazkowski introduced:

 

H. F. No. 3051, A bill for an act relating to data practices; clarifying agencies maintaining criminal investigative data; amending Minnesota Statutes 2012, section 13.82, subdivision 7.

 

The bill was read for the first time and referred to the Committee on Civil Law.

 

 

Liebling introduced:

 

H. F. No. 3052, A bill for an act relating to human services; modifying provisions governing civil commitment of persons with sexual psychopathic personalities and sexually dangerous persons; establishing a Sex Offender Civil Commitment Screening Unit; implementing the statewide sex offender civil commitment judicial panel; establishing a Sex Offender Civil Commitment Defense Office; appropriating money; amending Minnesota Statutes 2012, section 253B.18, subdivision 4b; Minnesota Statutes 2013 Supplement, sections 244.05, subdivision 7; 253B.18, subdivision 4c; 253D.07, subdivision 1; 253D.08; 253D.09; 253D.11; 253D.12, subdivision 2; 253D.14, subdivision 3; 253D.20; 253D.23; proposing coding for new law in Minnesota Statutes, chapter 253D; repealing Minnesota Statutes 2013 Supplement, sections 253D.27; 253D.28.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Yarusso; Ward, J.A., and Isaacson introduced:

 

H. F. No. 3053, A bill for an act relating to natural resources; appropriating money for the reinvest in Minnesota critical habitat private sector matching account; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7065

Lesch and Abeler introduced:

 

H. F. No. 3054, A bill for an act relating to human services; providing an exception to disqualification from working in human services licensed programs; amending Minnesota Statutes 2012, section 245C.14, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Atkins introduced:

 

H. F. No. 3055, A bill for an act relating to commerce; prohibiting the sale of certain products containing triclosan; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Atkins and Davids introduced:

 

H. F. No. 3056, A bill for an act relating to insurance; health plan contracts and stop loss coverage; amending Minnesota Statutes 2012, section 60A.235, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

McNamar introduced:

 

H. F. No. 3057, A bill for an act relating to human services; providing an operating payment rate adjustment for a group of nursing facilities; appropriating money; amending Minnesota Statutes 2012, section 256B.434, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

McNamar introduced:

 

H. F. No. 3058, A bill for an act relating to public safety; traffic regulations; authorizing local units of government to establish educational diversion programs for certain traffic offenses; requiring the development of uniform minimum standards for the programs; classifying data; appropriating money; amending Minnesota Statutes 2012, sections 6.74; 13.6905, by adding a subdivision; 169.022; proposing coding for new law in Minnesota Statutes, chapter 169.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

Norton introduced:

 

H. F. No. 3059, A bill for an act relating to human services; modifying nonemergency medical transportation services provisions; amending Minnesota Statutes 2012, section 256B.0625, subdivisions 17a, 18a, 18b, 18c, 18d, 18g; Minnesota Statutes 2013 Supplement, section 256B.0625, subdivisions 17, 18e; repealing Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 18f.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7066

Lohmer introduced:

 

H. F. No. 3060, A bill for an act relating to state lands; authorizing conveyance of certain surplus state land.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Allen introduced:

 

H. F. No. 3061, A bill for an act relating to juvenile justice; addressing numerous issues relating to juveniles including detention, noncustodial supervision, risk assessments, continuances, diversion, life without release sentences, mandatory minimum sentences, predatory offender registration, expungement, and DHS collateral sanctions; appropriating money; amending Minnesota Statutes 2012, sections 243.166, subdivision 2; 244.05, subdivisions 4, 5; 245C.14, subdivision 1; 260B.125, by adding a subdivision; 260B.130, subdivision 4; 260B.176, subdivision 1, by adding subdivisions; 260B.178, subdivision 1; 260B.198, subdivisions 6, 7; 332.70, by adding a subdivision; 609.106, subdivision 2, by adding a subdivision; 609.3455, subdivision 2; Minnesota Statutes 2013 Supplement, section 243.166, subdivisions 1b, 6; proposing coding for new law in Minnesota Statutes, chapter 260B.

 

The bill was read for the first time and referred to the Committee on Early Childhood and Youth Development Policy.

 

 

Mariani; Carlson; Moran; Metsa; Murphy, E., and Davnie introduced:

 

H. F. No. 3062, A bill for an act relating to education; recognizing the native and English language development and academic needs of English learners, from young children to adults; amending Minnesota Statutes 2012, sections 119A.50, subdivision 3; 120B.12; 122A.06, subdivision 4; 122A.14, subdivisions 2, 3; 122A.18, subdivisions 2a, 4; 122A.19; 122A.413, subdivision 2; 122A.414, subdivision 2; 122A.60, subdivisions 1a, 2, 3; 122A.68, subdivision 3; 122A.74; 123A.06, subdivision 2; 123B.04, subdivision 4; 123B.147, subdivision 3; 124D.13, subdivision 2; 124D.15, subdivision 3; 124D.49, subdivision 3; 124D.52, as amended; 124D.522; 124D.59, subdivision 2; 124D.895; 124D.8955; Minnesota Statutes 2013 Supplement, sections 120B.11; 120B.115; 120B.125; 120B.35, subdivision 3; 120B.36, subdivision 1; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.40, subdivision 8; 122A.41, subdivision 5; 127A.70, subdivision 2; repealing Minnesota Statutes 2012, section 122A.19, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Lien; Mahoney; Johnson, C.; Swedzinski; Radinovich; Norton; Dorholt; Erickson, R.; Isaacson; Simonson; Dehn, R.; Persell; Ward, J.E.; Ward, J.A., and Gunther introduced:

 

H. F. No. 3063, A bill for an act relating to economic development; appropriating money for the small business development center program.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Kahn; Anderson, S.; Dill; Wagenius; Zerwas and Loeffler introduced:

 

H. F. No. 3064, A bill for an act relating to natural resources; requiring applications for hunting and fishing licenses to allow an applicant to be an organ donor; allowing cash contributions to fund public education regarding anatomical gifts to be made when applying for hunting and fishing licenses; amending Minnesota Statutes 2012, sections 97A.475, by adding a subdivision; 171.075, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7067

Beard introduced:

 

H. F. No. 3065, A bill for an act relating to transportation; requiring the legislative auditor to examine results of efficiencies adopted by the Department of Transportation and Metropolitan Council; requiring a report; amending Minnesota Statutes 2012, sections 3.972, by adding subdivisions; 174.56, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 473.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

Davids introduced:

 

H. F. No. 3066, A bill for an act relating to insurance; permitting an individual who has an individual health insurance policy to contract with an independent insurance agent or broker to advocate on the individual's behalf with the individual's insurance company; amending Minnesota Statutes 2012, sections 60K.31, by adding subdivisions; 60K.49, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 62V.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Lesch introduced:

 

H. F. No. 3067, A bill for an act relating to public safety; modifying notice of possession of a firearm in a building in Capitol Area; modifying funding for security services provided by the Department of Public Safety; appropriating money; amending Minnesota Statutes 2012, section 609.66, subdivision 1g; repealing Minnesota Statutes 2012, section 299E.02.

 

The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.

 

 

Franson introduced:

 

H. F. No. 3068, A bill for an act relating to gambling; modifying social skill games to include tournaments or contests of whist; amending Minnesota Statutes 2012, section 609.761, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Franson introduced:

 

H. F. No. 3069, A bill for an act relating to public safety; amending the crime of driving while impaired, implied consent, and administrative plate impoundment to include an impaired person supervising a permit holder; amending Minnesota Statutes 2012, sections 169A.03, by adding a subdivision; 169A.20, subdivision 1; 169A.43, subdivision 3; 169A.51, subdivision 1; 169A.52, subdivisions 3, 4; 169A.53, subdivision 3; 169A.60, subdivision 1; 171.05, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7068

Dill introduced:

 

H. F. No. 3070, A bill for an act relating to natural resources; appropriating money for the Minnesota forests for the future program; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.

 

 

Abeler introduced:

 

H. F. No. 3071, A bill for an act relating to health; appropriating money to the commissioner of health to provide subsidies to federally qualified health centers.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Simonson introduced:

 

H. F. No. 3072, A bill for an act relating to transportation; modernizing provisions relating to traffic regulations and motor vehicles; eliminating certain reporting requirements; clarifying distribution of motor vehicle sales tax revenues; eliminating antiquated, unnecessary, and obsolete provisions; making conforming changes; amending Minnesota Statutes 2012, sections 168.056; 168.10, subdivision 1b; 169.685, subdivision 7; 169.751; 297B.09, subdivision 1; repealing Minnesota Statutes 2012, sections 168.0422; 168.055; 168A.20, subdivision 1a; 169.11; 169.36; 169.39; 169.725; 169.743; 169.754; 169.78; 169.7961; 169.983; 169A.60, subdivision 18; 171.28; 299D.02; 299D.04; 299D.05; 609B.202; Minnesota Rules, part 7409.4700, subpart 2.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.

 

 

Atkins introduced:

 

H. F. No. 3073, A bill for an act relating to insurance; modifying certain regulations to reduce the incidence of insurance fraud; providing an administrative penalty for insurance fraud; creating a process for deauthorization of the right of health care providers to receive certain payments under chapter 65B; limiting reimbursement for certain prescription drugs; regulating batch billing; modifying certain economic benefits under chapter 65B; establishing a task force on motor vehicle insurance coverage verification; amending Minnesota Statutes 2012, sections 13.7191, subdivision 16; 60A.952, subdivision 3; 65B.44, subdivisions 2, 3, 4, 6, by adding a subdivision; 72A.502, subdivision 2; 169.09, subdivision 13; Minnesota Statutes 2013 Supplement, section 45.0135, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 45; repealing Minnesota Statutes 2012, section 72A.327.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Mariani introduced:

 

H. F. No. 3074, A bill for an act relating to education; modifying certain teacher licensure provisions; amending Minnesota Statutes 2013 Supplement, section 122A.23, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Education Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7069

Peppin introduced:

 

H. F. No. 3075, A bill for an act relating to taxation; individual income; allowing a subtraction for contributions to 529 plans; amending Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19b.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Norton, Abeler and Huntley introduced:

 

H. F. No. 3076, A bill for an act relating to human services; creating a monitoring technology review panel; modifying payment methodologies for home and community-based services waivers; amending Minnesota Statutes 2013 Supplement, sections 256B.4913, subdivision 4a; 256B.4914, subdivisions 2, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Hansen introduced:

 

H. F. No. 3077, A bill for an act relating to agriculture; reestablishing an apiary registration and inspection program; designating the Minnesota Zoo as the state pollinator bank; providing penalties; appropriating money for a pollinator conservation program feasibility study; amending Minnesota Statutes 2012, section 85A.02, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 19.

 

The bill was read for the first time and referred to the Committee on Agriculture Policy.

 

 

Sanders introduced:

 

H. F. No. 3078, A bill for an act relating to health insurance; requiring background studies for MNsure navigators and in-person assisters; amending Minnesota Statutes 2013 Supplement, section 62V.05, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.

 

 

Hansen, Freiberg, Mariani, Newton, Kahn, Abeler and Hornstein introduced:

 

H. F. No. 3079, A bill for an act relating to state government; including nonprofit organizations under definition of vendor and designation of procurements from small businesses; amending Minnesota Statutes 2012, sections 16C.02, subdivision 21; 16C.16, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Loeffler and Mariani introduced:

 

H. F. No. 3080, A bill for an act relating to education; clarifying definition of continuing employment for probationary teachers; amending Minnesota Statutes 2012, sections 122A.40, subdivision 5; 122A.41, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Education Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7070

Clark, Fischer, Moran, Mariani and Ward, J.A., introduced:

 

H. F. No. 3081, A bill for an act relating to state government; creating a task force on establishing culturally and linguistically accessible resources for Asian-Pacific women and their children seeking independence from exploitative, abusive, and dangerous circumstances; requiring a report.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Lillie introduced:

 

H. F. No. 3082, A bill for an act relating to the city of North St. Paul; tax increment financing; authorizing parcels deemed occupied.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Simonson and Mahoney introduced:

 

H. F. No. 3083, A bill for an act relating to economic development; appropriating money to the Northland Foundation.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.

 

 

Bernardy introduced:

 

H. F. No. 3084, A bill for an act relating to transportation; eliminating certain reporting requirements; eliminating or modernizing antiquated, unnecessary, redundant, and obsolete provisions; making conforming changes; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 16A.633, subdivision 4; 16B.335, subdivision 1; 16B.51, subdivision 1; 161.082, subdivision 2a; 161.20, subdivision 2; 161.3410, subdivision 1; 161.3412, subdivision 2; 161.3414, subdivision 1; 161.3418, subdivision 2; 161.36, subdivision 7; 162.06, subdivision 3; 162.12, subdivision 3; 162.13, subdivision 1; 165.09, subdivision 3; 169.86, subdivision 5; 173.02, subdivisions 6, 16; 173.13, subdivision 4; 174.02, subdivisions 6, 8; 174.06, subdivision 7; 174.30, subdivision 9; 174.40, subdivision 8; 174.66; 221.022; 221.0252, subdivision 7; 221.026, subdivision 2; 221.031, subdivision 1; 221.036, subdivisions 1, 3; 302A.021, subdivision 10; 322B.02; 336.9-201; 360.015, subdivision 2; 360.511, subdivision 4; 360.55, subdivision 4; 360.59, subdivision 7; Laws 2013, chapter 117, article 1, section 3, subdivision 7; repealing Minnesota Statutes 2012, sections 160.27, subdivision 3; 160.283, subdivision 1; 161.05; 161.06; 161.07; 161.08, subdivision 1; 161.082, subdivision 3; 161.1231, subdivisions 3, 9; 161.13; 161.161; 161.201; 161.22; 161.31, subdivision 2; 161.3205; 161.3428; 161.51; 162.02, subdivision 2; 162.06, subdivision 6; 162.065; 162.08, subdivision 3; 162.09, subdivision 3; 162.12, subdivision 5; 162.125; 163.07, subdivision 3; 164.041; 164.05; 165.09, subdivision 5; 165.11; 165.13; 169.16; 169.835; 169.867; 173.0845; 173.085; 174.02, subdivision 7; 174.05; 174.06, subdivision 8; 174.19; 174.256, subdivision 5; 174.50, subdivisions 6a, 6b; 174.93, subdivision 2; 181.28; 181.29; 181.30; 218.021; 218.031, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10; 218.041, subdivisions 1, 2, 7; 219.55; 219.562, subdivisions 1, 1a, 3, 4; 219.565; 219.566; 221.123; 221.151, subdivision 1; 221.241; 221.251; 221.295; 222.04; 222.06; 222.07; 222.08; 222.09; 222.10; 222.11; 222.12; 222.13; 222.141; 222.15; 222.16; 222.17; 222.18; 222.19; 222.20; 222.21; 222.22; 222.23; 222.24; 222.25; 222.28; 222.31; 222.32; 222.35; 360.013, subdivision 59; 360.015, subdivisions 11a, 17, 19; 360.55, subdivision 7; Minnesota Statutes 2013 Supplement, section 174.03, subdivision 1d.

 

The bill was read for the first time and referred to the Committee on Transportation Policy.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7071

CALENDAR FOR THE DAY

 

 

      H. F. No. 977, A bill for an act relating to business organizations; regulating the organization and operation of limited liability companies; enacting a revised uniform limited liability company act; providing conforming changes; amending Minnesota Statutes 2012, sections 48A.03, subdivision 4; 181.970, subdivision 2; 270C.721; 273.124, subdivision 8; 290.01, subdivision 3b; 302A.011, by adding subdivisions; 302A.115, subdivision 1; 302A.681; 302A.683; 302A.685; 302A.689; 302A.691; 308A.121, subdivision 1; 308B.801, subdivisions 1, 2, 5; 308B.805, subdivision 1; 308B.835, subdivision 2; 317A.115, subdivision 2; 319B.02, subdivisions 3, 22; 319B.10, subdivision 3; 321.0108; proposing coding for new law in Minnesota Statutes, chapter 302A; proposing coding for new law as Minnesota Statutes, chapter 322C; repealing Minnesota Statutes 2012, sections 302A.687; 322B.01; 322B.02; 322B.03, subdivisions 1, 2, 3, 6, 6a, 7, 8, 10, 11, 12, 13, 14, 15, 17, 17a, 17b, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 32, 33, 34, 35, 36, 36a, 37, 38, 39, 40, 41, 41a, 42, 43, 44, 45, 45a, 46, 47, 48, 49, 50, 51; 322B.04; 322B.10; 322B.105; 322B.11; 322B.115; 322B.12, subdivisions 1, 2, 3, 4, 5; 322B.125; 322B.13; 322B.135; 322B.14; 322B.145; 322B.15; 322B.155; 322B.16; 322B.165; 322B.17; 322B.175; 322B.18; 322B.20; 322B.21; 322B.22; 322B.23; 322B.30; 322B.303; 322B.306; 322B.31; 322B.313; 322B.316; 322B.32; 322B.323; 322B.326; 322B.33; 322B.333; 322B.336; 322B.34; 322B.343; 322B.346; 322B.348; 322B.35; 322B.353; 322B.356; 322B.36; 322B.363, subdivisions 1, 2, 3, 4, 5, 6, 7; 322B.366, subdivision 1; 322B.37; 322B.373; 322B.376; 322B.38; 322B.383; 322B.386; 322B.40; 322B.41; 322B.42; 322B.43; 322B.50; 322B.51; 322B.52; 322B.53; 322B.54; 322B.55; 322B.56; 322B.60; 322B.603; 322B.606; 322B.61; 322B.613; 322B.616; 322B.62; 322B.623; 322B.626; 322B.63; 322B.633; 322B.636; 322B.64; 322B.643; 322B.646; 322B.65; 322B.653; 322B.656; 322B.66; 322B.663; 322B.666; 322B.67; 322B.673; 322B.676; 322B.679; 322B.68; 322B.683; 322B.686; 322B.689; 322B.69; 322B.693; 322B.696; 322B.699; 322B.70; 322B.71; 322B.72; 322B.73; 322B.74; 322B.75; 322B.755; 322B.76; 322B.77; 322B.78; 322B.80; 322B.803; 322B.806; 322B.81; 322B.813; 322B.816, subdivisions 1, 2, 4, 5, 6; 322B.82; 322B.823; 322B.826; 322B.83; 322B.833; 322B.836; 322B.84; 322B.843; 322B.846; 322B.85; 322B.853; 322B.856; 322B.86; 322B.863; 322B.866; 322B.87; 322B.873, subdivisions 1, 4; 322B.876, subdivision 1; 322B.88; 322B.883; 322B.90; 322B.905; 322B.91, subdivisions 1, 2; 322B.915; 322B.92; 322B.925; 322B.93; 322B.935; 322B.94; 322B.945; 322B.95; 322B.955; 322B.960, subdivisions 1, 4, 5; 322B.975.

 

 

      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 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7072

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2647, A bill for an act relating to higher education; modernizing, streamlining, and clarifying various statutes; eliminating unnecessary or redundant laws and rules; deleting obsolete language and unnecessary verbiage; amending Minnesota Statutes 2012, sections 135A.051, subdivision 3; 135A.14, subdivision 6a; 136A.002; 136A.01, as amended; 136A.05, subdivision 1; 136A.06; 136A.08, subdivisions 2, 7; 136A.101, subdivisions 7, 7a, 7b, by adding a subdivision; 136A.121, subdivisions 2, 9; 136A.125, subdivision 1; 136A.126, subdivisions 2, 4; 136A.1311; 136A.15, subdivision 8; 136A.16, subdivisions 1, 5; 136A.162; 136A.1701, subdivision 1; 136A.171; 136A.232; 136A.233, subdivisions 1, 4; 136A.65, subdivision 6; 136A.685; 136A.861, subdivision 6; 136F.01; 136F.02, subdivision 1; 136F.03, subdivision 1; 136F.04, subdivision 2; 136F.045; 136F.05; 136F.10; 136F.12; 136F.14; 136F.18; 136F.23; 136F.28, subdivision 1; 136F.48; 136F.482; 136F.581, subdivision 1; 136F.60, subdivision 1; 136F.65; 136F.705; 136F.90, subdivision 1; 136F.92; 136F.93; 136F.94; 136F.95; 136F.96; 136F.97; 136F.98, subdivisions 1, 3; 136G.09, subdivision 8; 137.52; Minnesota Statutes 2013 Supplement, sections 136A.03; 136A.125, subdivision 2; 136A.126, subdivision 1; 136A.129, subdivision 2; 136A.1795, subdivisions 2, 3, 4, 5; 136A.1796, subdivisions 2, 3, 4; 136A.233, subdivision 2; 136A.861, subdivisions 1, 3; repealing Minnesota Statutes 2012, sections 135A.14, subdivision 6; 136A.05, subdivision 2; 136A.101, subdivision 2; 136A.15, subdivisions 3, 5; 136A.16, subdivisions 3, 4, 6, 7; 136A.17; 136A.62, subdivision 2; 136F.11; 136F.44, subdivision 2; 136F.49; 136F.90, subdivision 6; 137.02, subdivision 1; 137.59; Minnesota Statutes 2013 Supplement, sections 136A.101, subdivision 3; 136A.15, subdivision 4; 136A.16, subdivision 10; Minnesota Rules, parts 4810.2100; 4810.2200; 4810.2300; 4810.2400; 4810.2500; 4810.2600; 4810.2700; 4810.2800; 4830.5000; 4830.5100; 4830.5200, subparts 1, 3; 4830.5300; 4830.5400.

 

 

      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 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7073

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2665, A bill for an act relating to the military; removing obsolete, redundant, and unnecessary laws related to military affairs; repealing Minnesota Statutes 2012, sections 192.12; 192.15; 192.16; 192.21; 192.42.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2480 was reported to the House.

 

 

Quam moved to amend H. F. No. 2480, the first engrossment, as follows:

 

Page 1, line 11, delete "52.5" and insert "32.5"


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7074

Page 1, line 12, after the period, insert "In addition, the state must pay to participants a block grant amount equal to 20 cents times the number of reduced-price meals served to students.  A participant may use these funds to cover any unreimbursed school lunch costs according to a policy adopted by the school board or governing body of the participant."

 

Page 1, line 16, delete "No"

 

Page 1, line 18, delete "or" and insert "meals and the participant may charge a fee of no more than 20 cents per meal to students who qualify for" and after the period, insert "The participant must not deny a meal to a reduced‑price eligible student and the meal served to that student must be the same as for other students."

 

Amend the title numbers accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Anderson, S., moved to amend H. F. No. 2480, the first engrossment, as follows:

 

Page 1, line 18, after "meals." insert "The participant must also ensure that any reminders for payment of outstanding student meal balances do not demean or stigmatize any child participating in the school lunch program."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Anderson, S., amendment and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7075

McDonald moved to amend H. F. No. 2480, the first engrossment, as amended, as follows:

 

Page 2, after line 4, insert:

 

"The Minnesota Department of Education must reimburse school districts and other participants in the school lunch program for the costs of any reduced-price lunches served in fiscal year 2014 for which payment from the student was not received.  The commissioner shall transfer the necessary amounts from any appropriation expected to exceed the actual amount of funding needed for that program under current law to this appropriation.  A participant in the school lunch program seeking reimbursement under this subdivision shall submit an application in the form and manner determined by the commissioner."

 

 

McDonald moved to amend his amendment to H. F. No. 2480, the first engrossment, as amended, as follows:

 

Page 1, line 6, delete "any appropriation expected to exceed the actual"

 

Page 1, line 7, delete "amount of funding needed for that program under current law" and insert "the amounts appropriated under Laws 2013, chapter 116, article 3, section 37, subdivision 18,"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the amendment to the amendment and the roll was called.  There were 65 yeas and 65 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Barrett

Beard

Benson, M.

Cornish

Daudt

Davids

Dean, M.

Dettmer

Dill

Drazkowski

Erickson, S.

Fabian

Faust

Franson

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Hamilton

Hertaus

Holberg

Hoppe

Howe

Johnson, B.

Kelly

Kieffer

Kiel

Kresha

Leidiger

Lohmer

Loon

Mack

McDonald

McNamar

McNamara

Myhra

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Pugh

Quam

Radinovich

Runbeck

Sanders

Sawatzky

Schomacker

Scott

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wills

Woodard

Zerwas


 

      Those who voted in the negative were:

 


Allen

Atkins

Benson, J.

Bernardy

Bly

Brynaert

Carlson

Clark

Davnie

Dehn, R.

Dorholt

Erhardt

Falk

Fischer

Freiberg

Fritz

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Huntley

Isaacson

Johnson, C.

Johnson, S.

Kahn

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Marquart

Masin

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Nelson

Newton

Norton

Paymar

Pelowski

Persell

Poppe

Rosenthal

Savick

Schoen

Selcer

Simon

Simonson

Slocum

Sundin

Wagenius

Ward, J.A.

Ward, J.E.

Winkler

Yarusso

Spk. Thissen


 

 

      The motion did not prevail and the amendment to the amendment was not adopted.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7076

           The question recurred on the McDonald amendment to H. F. No. 2480, the first engrossment, as amended.  The motion did not prevail and the amendment was not adopted.

 

 

      H. F. No. 2480, A bill for an act relating to education finance; providing for nutrition policy; appropriating money; amending Minnesota Statutes 2012, section 124D.111, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 124D.111, subdivision 1; Laws 2013, chapter 116, article 7, section 21, subdivision 2.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Albright

Allen

Anderson, M.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Barrett

Beard

Benson, J.

Benson, M.

Bernardy

Bly

Brynaert

Carlson

Clark

Cornish

Daudt

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Dorholt

Drazkowski

Erhardt

Erickson, S.

Fabian

Falk

Faust

Fischer

Franson

Freiberg

Fritz

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hansen

Hausman

Hertaus

Hilstrom

Holberg

Hoppe

Hornstein

Hortman

Howe

Huntley

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kieffer

Kiel

Kresha

Laine

Leidiger

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Masin

McDonald

McNamar

McNamara

Melin

Metsa

Moran

Morgan

Mullery

Murphy, E.

Murphy, M.

Myhra

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Paymar

Pelowski

Peppin

Persell

Petersburg

Poppe

Pugh

Quam

Radinovich

Rosenthal

Runbeck

Sanders

Savick

Sawatzky

Schoen

Schomacker

Scott

Selcer

Simon

Simonson

Slocum

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Wagenius

Ward, J.A.

Ward, J.E.

Wills

Winkler

Woodard

Yarusso

Zerwas

Spk. Thissen


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Simon moved that the name of Bernardy be added as an author on H. F. No. 859.  The motion prevailed.

 

      Allen moved that the name of Melin be added as an author on H. F. No. 1082.  The motion prevailed.

 

      Winkler moved that the name of Ward, J.E., be added as an author on H. F. No. 1126.  The motion prevailed.

 

      Winkler moved that the name of Bernardy be added as an author on H. F. No. 1880.  The motion prevailed.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7077

           Winkler moved that the name of Bernardy be added as an author on H. F. No. 1944.  The motion prevailed.

 

      Erhardt moved that the name of Garofalo be added as an author on H. F. No. 1955.  The motion prevailed.

 

      Hausman moved that the names of Gunther, Abeler, Simonson and Nornes be added as authors on H. F. No. 2031.  The motion prevailed.

 

      Clark moved that the name of Allen be added as an author on H. F. No. 2113.  The motion prevailed.

 

      Clark moved that the name of Allen be added as an author on H. F. No. 2116.  The motion prevailed.

 

      Dill moved that the name of McNamara be added as an author on H. F. No. 2165.  The motion prevailed.

 

      Halverson moved that the name of Gunther be added as an author on H. F. No. 2203.  The motion prevailed.

 

      Selcer moved that the name of Bernardy be added as an author on H. F. No. 2243.  The motion prevailed.

 

      Clark moved that the name of Allen be added as an author on H. F. No. 2247.  The motion prevailed.

 

      Clark moved that the name of Allen be added as an author on H. F. No. 2254.  The motion prevailed.

 

      Yarusso moved that the name of Bernardy be added as an author on H. F. No. 2259.  The motion prevailed.

 

      Halverson moved that the name of Ward, J.E., be added as an author on H. F. No. 2263.  The motion prevailed.

 

      Rosenthal moved that the name of Schomacker be added as an author on H. F. No. 2267.  The motion prevailed.

 

      Masin moved that the name of Bernardy be added as an author on H. F. No. 2274.  The motion prevailed.

 

      Atkins moved that the name of Scott be added as an author on H. F. No. 2288.  The motion prevailed.

 

      Loon moved that the name of Myhra be added as an author on H. F. No. 2297.  The motion prevailed.

 

      Melin moved that the name of Bernardy be added as an author on H. F. No. 2300.  The motion prevailed.

 

      Moran moved that the names of Bernardy and Isaacson be added as authors on H. F. No. 2364.  The motion prevailed.

 

      Rosenthal moved that the name of Bernardy be added as an author on H. F. No. 2366.  The motion prevailed.

 

      Kahn moved that the name of Bernardy be added as an author on H. F. No. 2371.  The motion prevailed.

 

      Moran moved that the name of Bernardy be added as an author on H. F. No. 2373.  The motion prevailed.

 

      Pelowski moved that the name of Sawatzky be added as an author on H. F. No. 2403.  The motion prevailed.

 

      Simonson moved that the name of Dettmer be added as an author on H. F. No. 2407.  The motion prevailed.

 

      Fritz moved that the name of Bernardy be added as an author on H. F. No. 2419.  The motion prevailed.

 

      Benson, J., moved that the name of Persell be added as an author on H. F. No. 2431.  The motion prevailed.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7078

           Hortman moved that the name of Cornish be added as an author on H. F. No. 2440.  The motion prevailed.

 

      Poppe moved that the name of Falk be added as an author on H. F. No. 2456.  The motion prevailed.

 

      Lesch moved that the name of McNamar be added as an author on H. F. No. 2461.  The motion prevailed.

 

      Davnie moved that the name of Isaacson be added as an author on H. F. No. 2476.  The motion prevailed.

 

      Mariani moved that the name of Mahoney be added as an author on H. F. No. 2493.  The motion prevailed.

 

      Poppe moved that the name of Morgan be added as an author on H. F. No. 2538.  The motion prevailed.

 

      Radinovich moved that the name of Kresha be added as an author on H. F. No. 2587.  The motion prevailed.

 

      Mullery moved that the name of Lohmer be added as an author on H. F. No. 2602.  The motion prevailed.

 

      Simonson moved that the name of Urdahl be added as an author on H. F. No. 2615.  The motion prevailed.

 

      Norton moved that the name of Urdahl be added as an author on H. F. No. 2672.  The motion prevailed.

 

      Gruenhagen moved that his name be stricken as an author on H. F. No. 2736.  The motion prevailed.

 

      Johnson, B., moved that the name of Barrett be added as an author on H. F. No. 2747.  The motion prevailed.

 

      Johnson, S., moved that the name of Laine be added as an author on H. F. No. 2767.  The motion prevailed.

 

      Isaacson moved that the name of Benson, M., be added as an author on H. F. No. 2796.  The motion prevailed.

 

      Dean, M., moved that the names of Hertaus; Barrett; Swedzinski; Theis; Uglem; Anderson, S.; Schomacker; FitzSimmons; O'Neill; Pugh; Benson, M.; Scott; Lohmer; Kelly; Howe; Kiel; Dettmer; McDonald; Peppin; Zerwas; Runbeck; Drazkowski; Zellers; Gruenhagen; Quam; Erickson, S.; Green; Franson; Urdahl and Albright be added as authors on H. F. No. 2800.  The motion prevailed.

 

      Carlson moved that the name of Gunther be added as an author on H. F. No. 2823.  The motion prevailed.

 

      Lenczewski moved that the name of Erickson, R., be added as an author on H. F. No. 2855.  The motion prevailed.

 

      Petersburg moved that the name of Runbeck be added as an author on H. F. No. 2863.  The motion prevailed.

 

      Anzelc moved that the name of Nornes be added as an author on H. F. No. 2889.  The motion prevailed.

 

      Murphy, M., moved that the names of Newton and Slocum be added as authors on H. F. No. 2960.  The motion prevailed.

 

      Savick moved that the name of Ward, J.E., be added as an author on H. F. No. 2972.  The motion prevailed.

 

      Moran moved that the name of Newton be added as an author on H. F. No. 2984.  The motion prevailed.

 

      Clark moved that the name of Allen be added as an author on H. F. No. 3016.  The motion prevailed.


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7079

           Newton moved that H. F. No. 1916 be recalled from the Committee on Transportation Finance and be re-referred to the Committee on Transportation Policy.  The motion prevailed.

 

      Hortman moved that H. F. No. 2213, now on the General Register, be re-referred to the Committee on Commerce and Consumer Protection Finance and Policy.  The motion prevailed.

 

      Davnie moved that H. F. No. 2606 be recalled from the Committee on Agriculture Policy and be re-referred to the Committee on Taxes.  The motion prevailed.

 

      Simonson moved that H. F. No. 2910 be recalled from the Committee on Agriculture Policy and be re-referred to the Committee on Public Safety Finance and Policy.  The motion prevailed.

 

      Dill moved that H. F. No. 2961 be recalled from the Committee on Environment, Natural Resources and Agriculture Finance and be re-referred to the Committee on Transportation Policy.  The motion prevailed.

 

 

ADJOURNMENT

 

      Murphy, E., moved that when the House adjourns today it adjourn until 3:00 p.m., Monday, March 17, 2014.  The motion prevailed.

 

      Murphy, E., moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Monday, March 17, 2014.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives


 


Journal of the House - 70th Day - Thursday, March 13, 2014 - Top of Page 7080