STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
TWENTY-NINTH
DAY
Saint Paul, Minnesota, Thursday, March 21, 2013
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 Joel
Wight Hoogheem, St. Philip's Lutheran Church, Fridley, 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, 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, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Fritz
Garofalo
Green
Gruenhagen
Gunther
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
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk.Thissen
A quorum was present.
Anderson, M.; Freiberg; Hackbarth; Mariani
and Slocum were excused.
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.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
March 20,
2013
The
Honorable Paul Thissen
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Thissen:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State
H. F. No. 5.
Sincerely,
Mark
Dayton
Governor
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 2013 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 2013 |
Date Filed 2013 |
5 9 10:03
a.m. March 20 March
20
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 131, A bill for an act relating to commerce; requiring estate sale conductors to post a bond to protect owners of the property to be sold; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Lesch from the Committee on
Civil Law to which was referred:
H. F. No. 183, A bill for an act relating to
data practices; enhancing certain penalties and procedures related to
unauthorized access to data by a public employee; amending Minnesota Statutes
2012, sections 13.05, subdivision 5; 13.055; 13.08, subdivision 1; 13.09.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 13.04, subdivision 3, is amended to read:
Subd. 3. Access to data by individual. (a) Upon request to a responsible
authority or designee, an individual shall be informed whether the individual
is the subject of stored data on individuals, and whether it is classified as
public, private or confidential. Upon
further request, an individual who is the subject of stored private or public
data on individuals shall be shown the data without any charge and, if desired,
shall be informed of the content and meaning of that data. After an individual has been shown the
private data and informed of its meaning, the data need not be disclosed to
that individual for six months thereafter unless a dispute or action pursuant
to this section is pending or additional data on the individual has been
collected or created. The responsible
authority or designee shall provide copies of the private or public data upon
request by the individual subject of the data.
The responsible authority or designee may require the requesting person
to pay the actual costs of making and certifying the copies.
(b) Notwithstanding section 13.15 or 13.43, or other law to
the contrary, upon request, an individual has access to the name of persons who
have obtained access to private data on the individual, unless the data would
identify an undercover law enforcement officer or are active investigative
data.
(c)
The responsible authority or designee shall comply immediately, if possible,
with any request made pursuant to this subdivision, or within ten days of the
date of the request, excluding Saturdays, Sundays and legal holidays, if immediate
compliance is not possible.
Sec. 2. Minnesota
Statutes 2012, section 13.05, subdivision 5, is amended to read:
Subd. 5. Data protection. (a) The responsible authority shall:
(1) establish procedures to assure that all data on
individuals is accurate, complete, and current for the purposes for which it
was collected; and
(2) establish appropriate
security safeguards for all records containing data on individuals,
including procedures for ensuring that data that are not public are only
accessible to persons whose work assignment reasonably requires access to the
data, and is only being accessed by those persons for purposes described in the
procedure; and
(3) develop a policy incorporating these procedures, which
may include a model policy governing access to the data if sharing of the data
with other government entities is authorized by law.
(b) When not public data is being disposed of, the data must
be destroyed in a way that prevents its contents from being determined.
Sec. 3. Minnesota
Statutes 2012, section 13.055, is amended to read:
13.055 STATE
AGENCIES; DISCLOSURE OF BREACH IN SECURITY; NOTIFICATION AND
INVESTIGATION REPORT REQUIRED.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given to them.
(a) "Breach of the security of the data" means
unauthorized acquisition of or access to data maintained by a state
agency government entity that compromises the security and
classification of the data. Good faith
acquisition of or access to government data by an employee, contractor,
or agent of a state agency government entity for the purposes of
the state agency entity is not a breach of the security of the
data, if the government data is not provided to or viewable by an
unauthorized person, or accessed for a purpose not described in the
procedures required by section 13.05, subdivision 5. For purposes of this paragraph, data
maintained by a government entity includes data maintained by a person under a
contract with the government entity that provides for the acquisition of or
access to the data by an employee, contractor, or agent of the government
entity.
(b) "Contact information" means either name and
mailing address or name and e-mail address for each individual who is the
subject of data maintained by the state agency government entity.
(c) "Unauthorized acquisition" means that a person
has obtained or viewed government data without the informed consent of
the individuals who are the subjects of the data or statutory authority and
with the intent to use the data for nongovernmental purposes.
(d) "Unauthorized person" means any person who
accesses government data without permission or without a work assignment
that reasonably requires the person to have access to the data,
or regardless of the person's work assignment, for a purpose not described in
the procedures required by section 13.05, subdivision 5.
Subd. 2. Notice to individuals; investigation
report. (a) A state
agency government entity that collects, creates, receives,
maintains, or disseminates private or confidential data on individuals must
disclose any breach of the security of the data following discovery or
notification of the breach. Notification
must be made to any individual who is the subject of the data and whose private
or confidential data was, or is reasonably believed to have been, acquired by
an unauthorized person and must inform the individual that a report will be
prepared under paragraph (b), how the individual may obtain access to the
report, and that the individual may request delivery of the report by mail or
e-mail. The disclosure must be made
in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law
enforcement agency as provided in subdivision 3; or (2) any measures
necessary to determine the scope of the breach and restore the reasonable
security of the data.
(b) Upon completion of an investigation into any breach in
the security of data, including exhaustion of all rights of appeal under any
applicable collective bargaining agreement or other law, the responsible
authority shall prepare a report on the facts and results of the investigation. If the breach involves unauthorized access to
or acquisition of data by an employee, contractor, or agent of the government
entity, the report must at a minimum include:
(1) a description of the data
that were accessed or acquired; and
(2) if disciplinary action was taken against an employee:
(i) the number of individuals whose data was improperly
accessed or acquired;
(ii) the name of each employee determined responsible for
the unauthorized access or acquisition; and
(iii) the final disposition of the disciplinary action taken
against the employee in response.
The
report must not include data that are not public under other law. The report is public and must be posted on
the government entity's Web site, if the government entity maintains a Web
site, and provided to an individual who received the notification under
paragraph (a) and requested delivery of the report. If the government entity does not maintain a
Web site, the report must be posted on the principal bulletin board of the
government entity or, if the government entity does not have a principal
bulletin board, on the door of its usual meeting room.
Subd. 3. Delayed notice. The notification required by this section
may be delayed if a law enforcement agency determines that the notification
will impede an active criminal investigation.
The notification required by this section must be made after the law
enforcement agency determines that it will not compromise the investigation.
Subd. 4. Method of notice. Notice under this section may be provided
by one of the following methods:
(a) written notice by first class mail to each affected
individual;
(b) electronic notice to each affected individual, if the
notice provided is consistent with the provisions regarding electronic records
and signatures as set forth in United States Code, title 15, section 7001; or
(c) substitute notice, if the state agency government
entity demonstrates that the cost of providing the written notice required
by paragraph (a) would exceed $250,000, or that the affected class of
individuals to be notified exceeds 500,000, or the state agency government
entity does not have sufficient contact information. Substitute notice consists of all of the
following:
(i) e-mail notice if the state agency government
entity has an e-mail address for the affected individuals;
(ii) conspicuous posting of the notice on the Web site page
of the state agency government entity, if the state agency
government entity maintains a Web site; and
(iii) notification to major media outlets that reach the
general public within the government entity's jurisdiction.
Subd. 5. Coordination with consumer reporting
agencies. If the state agency
government entity discovers circumstances requiring notification under
this section of more than 1,000 individuals at one time, the state agency
government entity must also notify, without unreasonable delay, all
consumer reporting agencies that compile and maintain files on consumers on a
nationwide basis, as defined in United States Code, title 15, section 1681a, of
the timing, distribution, and content of the notices.
Subd. 6. Security assessments. At least annually, each government
entity shall conduct a comprehensive security assessment of any personal
information maintained by the government entity. For the purposes of this subdivision,
personal information is defined under section 325E.61, subdivision 1,
paragraphs (e) and (f).
EFFECTIVE DATE. This section is effective August 1, 2013, and applies to
security breaches occurring on or after that date.
Sec. 4. Minnesota Statutes 2012, section 13.09, is
amended to read:
13.09 PENALTIES.
(a)
Any person who willfully violates the provisions of this chapter or any rules
adopted under this chapter or whose conduct constitutes the knowing
unauthorized acquisition of not public data, as defined in section 13.055,
subdivision 1, is guilty of a misdemeanor.
(b)
Willful violation of this chapter by, including any action subject to
a criminal penalty under paragraph (a), by any public employee constitutes
just cause for suspension without pay or dismissal of the public employee.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 5. Minnesota
Statutes 2012, section 299C.40, subdivision 4, is amended to read:
Subd. 4. Data classification; general rule; changes
in classification; audit trail. (a)
The classification of data in the law enforcement agency does not change after
the data is submitted to CIBRS. If CIBRS
is the only source of data made public by section 13.82, subdivisions 2, 3, 6,
and 7, data described in those subdivisions must be downloaded and made
available to the public as required by section 13.03.
(b) Data on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as confidential data on
individuals as defined in section 13.02, subdivision 3, and becomes private
data on individuals as defined in section 13.02, subdivision 12, as provided by
this section.
(c) Data not on individuals created, collected, received,
maintained, or disseminated by CIBRS is classified as protected nonpublic data
as defined in section 13.02, subdivision 13, and becomes nonpublic data as
defined in section 13.02, subdivision 9, as provided by this section.
(d) Confidential or protected nonpublic data created,
collected, received, maintained, or disseminated by CIBRS must automatically
change classification from confidential data to private data or from protected
nonpublic data to nonpublic data on the earlier of the following dates:
(1) upon receipt by CIBRS of notice
from a law enforcement agency that an investigation has become inactive; or
(2) when the data has not been updated by the law
enforcement agency that submitted it for a period of 120 days.
(e) For the purposes of this section, an investigation
becomes inactive upon the occurrence of any of the events listed in section
13.82, subdivision 7, clauses (a) to (c).
(f) Ten days before making a data classification change
because data has not been updated, CIBRS must notify the law enforcement agency
that submitted the data that a classification change will be made on the 120th
day. The notification must inform the
law enforcement agency that the data will retain its classification as
confidential or protected nonpublic data if the law enforcement agency updates
the data or notifies CIBRS that the investigation is still active before the
120th day. A new 120-day period begins
if the data is updated or if a law enforcement agency notifies CIBRS that an
active investigation is continuing.
(g) A law enforcement agency that submits data to CIBRS must
notify CIBRS if an investigation has become inactive so that the data is
classified as private data or nonpublic data.
The law enforcement agency must provide this notice to CIBRS within ten
days after an investigation becomes inactive.
(h) All queries and responses
and all actions in which data is submitted to CIBRS, changes classification, or
is disseminated by CIBRS to any law enforcement agency must be recorded in the
CIBRS audit trail.
(i) Notwithstanding paragraphs (b) and (c), the name of each
law enforcement agency that submits data to CIBRS, and a general description of
the types of data submitted by the agency, are public."
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 214, A bill for an act relating to
human services; establishing MinnesotaCare as the state's basic health program;
amending Minnesota Statutes 2012, sections 16A.724, subdivision 3; 256.962,
subdivisions 1, 2, by adding a subdivision; 256L.01, by adding subdivisions;
256L.02, subdivision 2, by adding subdivisions; 256L.03, subdivisions 1, 6, by
adding subdivisions; 256L.04, subdivision 7b, by adding subdivisions; 256L.05,
subdivisions 1, 2, 3, 3a, 3c, by adding a subdivision; 256L.09, subdivision 2;
256L.11, subdivision 1, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 256L; repealing Minnesota Statutes 2012,
sections 256L.01, subdivisions 3, 3a, 4a, 5; 256L.02, subdivision 3; 256L.03,
subdivisions 1a, 3, 4, 5; 256L.031; 256L.04, subdivisions 1, 1b, 2a, 7, 7a, 8,
9, 13; 256L.05, subdivisions 1b, 1c, 5; 256L.06, subdivision 3; 256L.07,
subdivisions 1, 2, 3, 4, 5, 8, 9; 256L.09, subdivisions 1, 4, 5, 6, 7; 256L.11,
subdivisions 2a, 3, 6; 256L.12; 256L.15, subdivisions 1, 1a, 1b, 2; 256L.17,
subdivisions 1, 2, 3, 4, 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 16A.724, subdivision 3, is amended to read:
Subd. 3. MinnesotaCare federal receipts. Receipts received as a result of
federal participation pertaining to administrative costs of the Minnesota
health care reform waiver shall be deposited as nondedicated revenue in the
health care access fund. Receipts
received as a result of federal participation pertaining to grants shall be
deposited in the federal fund and shall offset health care access funds for
payments to providers. All
federal funding received by Minnesota for implementation and administration of
MinnesotaCare as a basic health program, as authorized in section 1331 of the
Affordable Care Act (Public Law 111-148, as amended by Public Law 111-152), is
dedicated to that program and shall be deposited into the health care access
fund. Federal funding that is received
for implementing and administering MinnesotaCare as a basic health program and
deposited in the fund shall be used only for that program to purchase health
care coverage for enrollees and reduce enrollee premiums and cost-sharing or
provide additional enrollee benefits.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 2. Minnesota
Statutes 2012, section 256B.0755, subdivision 3, is amended to read:
Subd. 3. Accountability. (a) Health care delivery systems must
accept responsibility for the quality of care based on standards established
under subdivision 1, paragraph (b), clause (10), and the cost of care or
utilization of services provided to its enrollees under subdivision 1,
paragraph (b), clause (1).
(b) A health care delivery
system may contract and coordinate with providers and clinics for the delivery
of services and shall contract with community health clinics, federally
qualified health centers, community mental health centers or programs, county
agencies, and rural clinics to the extent practicable.
(c) A health care delivery system must demonstrate how its
services will be coordinated with other services affecting its attributed
patients' health, quality of care, and cost of care that are provided by other
providers and county agencies in the local service. The health care delivery system must document
how other providers and counties, including county-based purchasing plans, will
provide services to persons attributed to the health care delivery system
participated in developing the application and provide verification that other
providers and counties, including county-based purchasing plans, support the
project and are willing to participate. A
health care delivery system must document how it will address applicable local
needs, priorities, and public health goals.
EFFECTIVE DATE. This section applies to health care delivery system
contracts entered into or renewed on or after July 1, 2013.
Sec. 3. Minnesota
Statutes 2012, section 256B.694, is amended to read:
256B.694
SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE CONTRACT.
(a) MS 2010 [Expired, 2008 c 364 s 10]
(b) The commissioner shall consider, and may approve,
contracting on a single-health plan basis with other county-based
purchasing plans, or with other qualified health plans that have coordination
arrangements with counties, to serve persons with a disability who
voluntarily enroll enrolled in state health care programs, in order
to promote better coordination or integration of health care services, social
services and other community-based services, provided that all requirements
applicable to health plan purchasing, including those in section 256B.69,
subdivision 23, are satisfied. Nothing
in this paragraph supersedes or modifies the requirements in paragraph (a).
Sec. 4. Minnesota
Statutes 2012, section 256.01, is amended by adding a subdivision to read:
Subd. 35. Federal approval. (a)
The commissioner shall seek federal authority from the U.S. Department of
Health and Human Services necessary to operate a health insurance program for
Minnesotans with incomes up to 275 percent of the federal poverty guidelines
(FPG). The proposal shall seek to secure
all federal funding available from at least the following sources:
(1) all premium tax credits and cost-sharing subsidies
available under United States Code, title 26, section 36B, and United States
Code, title 42, section 18071, for individuals with incomes above 133 percent
and at or below 275 percent of the federal poverty guidelines who would
otherwise be enrolled in the Minnesota Insurance Marketplace as defined in
Minnesota Statutes, section 62V.02;
(2) Medicaid funding; and
(3) other funding sources identified by the commissioner
that support coverage or care redesign in Minnesota.
(b) Funding received shall be used to design and implement a
health insurance program that creates a single streamlined program and meets
the needs of Minnesotans with incomes up to 275 percent of the federal poverty
guidelines. The program must
incorporate:
(1) payment reform characteristics included in the health
care delivery system and accountable care organization payment models;
(2) flexibility in benefit set
design such that benefits can be targeted to meet enrollee needs in different
income and health status situations and can provide a more seamless transition
from public to private health care coverage;
(3) flexibility in co-payment or
premium structures to incent patients to seek high-quality, low-cost care
settings; and
(4) flexibility in premium structures to ease the transition
from public to private health care coverage.
(c) The commissioner shall develop and submit a proposal
consistent with the above criteria and shall seek all federal authority necessary
to implement the coverage program. In
developing the request, the commissioner shall consult with appropriate
stakeholder groups and consumers.
(d) The commissioner is authorized to seek any available
waivers or federal approvals to accomplish the goals under paragraph (b) prior
to 2017.
(e) The commissioner shall report progress on implementing
this section to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance
by December 1, 2014.
(f) The commissioner is authorized to accept and expend
federal funds that support the purposes of this section.
Sec. 5. Minnesota
Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 1b. Affordable Care Act. "Affordable
Care Act" means Public Law 111-148, as amended by the federal Health Care
and Education Reconciliation Act of 2010 (Public Law 111-152), and any
amendments to, or regulations or guidance issued under, those acts.
Sec. 6. Minnesota
Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 4b. Minnesota Insurance Marketplace.
"Minnesota Insurance Marketplace" means the Minnesota
Insurance Marketplace as defined in Minnesota Statutes, section 62V.02.
Sec. 7. Minnesota
Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 6. MinnesotaCare. "MinnesotaCare"
means a health coverage program that meets the standards of this chapter and
the requirements for a basic health program under section 1331 of the
Affordable Care Act.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 8. Minnesota
Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 7. Modified adjusted gross income and household income. "Modified adjusted gross
income" and "household income" have the meanings provided in
section 2002 of the Affordable Care Act.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 9. Minnesota
Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 8. Participating entity. "Participating
entity" means a health plan company as defined in section 62Q.01,
subdivision 4; a county-based purchasing plan established under section
256B.692; an accountable care organization or other entity operating a health
care delivery systems demonstration project authorized under section 256B.0755;
an entity operating a county integrated health care delivery network pilot
project authorized under section 256B.0756; or a network of health care
providers established to offer services under MinnesotaCare.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 10. Minnesota Statutes 2012, section 256L.02,
subdivision 2, is amended to read:
Subd. 2. Commissioner's duties. The commissioner shall establish an
office for the state administration of this plan. The plan shall be used to provide covered
health services for eligible persons. Payment
for these services shall be made to all eligible providers participating
entities under contract with the commissioner. The commissioner shall adopt rules to
administer the MinnesotaCare program as a basic health program in accordance
with section 1331 of the Affordable Care Act and this chapter and shall adopt
any necessary rules. Nothing in this
chapter is intended to violate the requirements of the Affordable Care Act. The commissioner shall not implement any
provision of this chapter if the provision is found to violate the Affordable
Care Act. The commissioner shall establish
marketing efforts to encourage potentially eligible persons to receive
information about the program and about other medical care programs
administered or supervised by the Department of Human Services. A toll-free telephone number must be used to
provide information about medical programs and to promote access to the covered
services.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 11. Minnesota
Statutes 2012, section 256L.02, is amended by adding a subdivision to read:
Subd. 5. Determination
of funding adequacy. The
commissioners of revenue and management and budget, in consultation with the
commissioner of human services, shall conduct an assessment of health care
taxes, including the gross premiums tax, the provider tax, and Medicaid
surcharges, and their relationship to the long-term solvency of the health care
access fund, as part of the state revenue and expenditure forecast in November
2013. The commissioners shall determine
the amount of state funding that will be required after December 31, 2019, in
addition to the federal payments made available under section 1331 of the
Affordable Care Act, for the MinnesotaCare program. The commissioners shall evaluate the
stability and likelihood of long-term federal funding for the MinnesotaCare
program under section 1331.
The commissioners shall report the results of this assessment to the
legislature by January 15, 2014, along with recommendations for changes
to state revenue for the health care access fund, if state funding will
continue to be required beyond December 31, 2019.
Sec. 12. Minnesota
Statutes 2012, section 256L.02, is amended by adding a subdivision to read:
Subd. 6. Federal approval. (a)
The commissioner of human services shall seek federal approval to implement the
MinnesotaCare program under this chapter as a basic health program. In any agreement with the Centers for
Medicare and Medicaid Services to operate MinnesotaCare as a basic health
program, the commissioner shall seek to include procedures to ensure that
federal funding is predictable, stable, and sufficient to sustain ongoing
operation of MinnesotaCare. These
procedures must address issues related to the timing of federal payments,
payment reconciliation, enrollee risk adjustment, and minimization of state
financial risk. The commissioner shall
consult with the commissioner of management and budget, when developing the
proposal for establishing MinnesotaCare as a basic health program to be
submitted to the Centers for Medicare and Medicaid Services.
(b) The commissioner of human services, in consultation with
the commissioner of management and budget, shall work with the Centers for
Medicare and Medicaid Services to establish a process for reconciliation and
adjustment of federal payments that balances state and federal liability over
time. The commissioner of human services
shall request that the secretary of health and human services hold the state,
and enrollees, harmless in the reconciliation process for the first three
years, to allow the state to develop a statistically valid methodology for
predicting enrollment trends and their net effect on federal payments.
(c) The commissioner of human services, through December 31,
2015, may modify the MinnesotaCare program as specified in this chapter, if it
is necessary to enhance health benefits, expand provider access, or reduce
cost-sharing and premiums in order to comply with the terms and conditions of
federal approval as a basic health program.
The commissioner may not reduce benefits, impose greater limits on
access to providers, or increase cost- sharing
and premiums by enrollees under the authority granted by this paragraph. If the commissioner modifies the terms and
requirements for MinnesotaCare under this paragraph, the commissioner shall
provide the legislature with notice of implementation of the modifications at
least ten working days before notifying enrollees and participating entities. The costs of any changes to the program
necessary to comply with federal approval shall become part of the program's
base funding for purposes of future budget forecasts.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. Minnesota
Statutes 2012, section 256L.02, is amended by adding a subdivision to read:
Subd. 7. Coordination with Minnesota Insurance Marketplace. MinnesotaCare shall be considered a
public health care program for purposes of Minnesota Statutes, chapter 62V.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 14. Minnesota
Statutes 2012, section 256L.03, subdivision 1, is amended to read:
Subdivision 1. Covered health services. (a) "Covered health
services" means the health services reimbursed under chapter 256B, and
all essential health benefits required under section 1302 of the Affordable
Care Act, with the exception of inpatient hospital services, special
education services, private duty nursing services, adult dental care services
other than services covered under section 256B.0625, subdivision 9, orthodontic
services, nonemergency medical transportation services, personal care
assistance and case management services, nursing home or intermediate care
facilities services, inpatient mental health services, and chemical dependency
services nursing facility services and intermediate care facility for
persons with developmental disabilities (ICF/DD) services, and except as
provided in this section.
(b)
No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and
irreversible impairment of a major bodily function would result if the fetus
were carried to term; or where the pregnancy is the result of rape or incest.
(c) Covered health services shall be expanded as provided in
this section.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 15. Minnesota
Statutes 2012, section 256L.03, subdivision 3, is amended to read:
Subd. 3. Inpatient hospital services. (a) Covered health services shall include
inpatient hospital services, including inpatient hospital mental health
services and inpatient hospital and residential chemical dependency treatment,
subject to those limitations necessary to coordinate the provision of these
services with eligibility under the medical assistance spenddown. The inpatient hospital benefit for adult
enrollees who qualify under section 256L.04, subdivision 7, or who qualify
under section 256L.04, subdivisions 1 and 2, with family gross income that
exceeds 200 percent of the federal poverty guidelines or 215 percent of the
federal poverty guidelines on or after July 1, 2009, and who are not pregnant,
is subject to an annual limit of $10,000.
(b) Admissions for inpatient hospital services paid for
under section 256L.11, subdivision 3, must be certified as medically necessary
in accordance with Minnesota Rules, parts 9505.0500 to 9505.0540, except as
provided in clauses (1) and (2):
(1) all admissions must be certified, except those
authorized under rules established under section 254A.03, subdivision 3, or
approved under Medicare; and
(2) payment under section
256L.11, subdivision 3, shall be reduced by five percent for admissions for
which certification is requested more than 30 days after the day of admission. The hospital may not seek payment from the
enrollee for the amount of the payment reduction under this clause.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 16. Minnesota
Statutes 2012, section 256L.03, is amended by adding a subdivision to read:
Subd. 4a. Cost-sharing. (a)
Except as provided in paragraph (b), the MinnesotaCare program shall include
the following cost-sharing requirements for all enrollees:
(1) $3 per brand-name prescription and $1 per generic drug
prescription, subject to a $12 per month maximum for prescription drug
co-payments. No co-payments shall apply
to antipsychotic drugs when used for treatment of mental illness;
(2) $3 per nonpreventive visit. For purposes of this subdivision, a
"visit" means an episode of service which is required because of a
recipient's symptoms, diagnosis, or established illness, and which is delivered
in an ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or
optometrist; and
(3) $3.50 for nonemergency visits to a hospital-based
emergency room, except that this co-payment shall be increased to $20 upon
federal approval.
(b) Paragraph (a), clause (2), does not apply to mental
health services.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 17. Minnesota
Statutes 2012, section 256L.03, is amended by adding a subdivision to read:
Subd. 4b. Loss ratio. Health
coverage provided through the MinnesotaCare program must have a medical loss
ratio of at least 85 percent, as defined using the loss ratio methodology
described in section 1001 of the Affordable Care Act.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 18. Minnesota
Statutes 2012, section 256L.03, subdivision 5, is amended to read:
Subd. 5. Cost-sharing. (a) Except as provided in paragraphs
paragraph (b) and (c), the MinnesotaCare benefit plan shall
include the following cost-sharing requirements for all enrollees:
(1) ten percent of the paid charges for inpatient hospital
services for adult enrollees, subject to an annual inpatient out-of-pocket
maximum of $1,000 per individual;
(2)
(1) $3 per prescription for adult enrollees;
(3)
(2) $25 for eyeglasses for adult enrollees;
(4)
(3) $3 per nonpreventive visit. For
purposes of this subdivision, a "visit" means an episode of service
which is required because of a recipient's symptoms, diagnosis, or established
illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice
nurse, audiologist, optician, or optometrist;
(5)
(6)
(5) a family deductible equal to the maximum amount allowed under Code
of Federal Regulations, title 42, part 447.54.
(b) Paragraph (a), clause (1), does not apply to parents and
relative caretakers of children under the age of 21.
(c)
(b) Paragraph (a) does not apply to pregnant women and children under
the age of 21.
(d)
(c) Paragraph (a), clause (4) (3), does not apply to
mental health services.
(e) Adult enrollees with family gross income that exceeds
200 percent of the federal poverty guidelines or 215 percent of the federal
poverty guidelines on or after July 1, 2009, and who are not pregnant shall be
financially responsible for the coinsurance amount, if applicable, and amounts
which exceed the $10,000 inpatient hospital benefit limit.
(f) When a MinnesotaCare enrollee becomes a member of a
prepaid health plan, or changes from one prepaid health plan to another during
a calendar year, any charges submitted towards the $10,000 annual inpatient
benefit limit, and any out-of-pocket expenses incurred by the enrollee for
inpatient services, that were submitted or incurred prior to enrollment, or
prior to the change in health plans, shall be disregarded.
(g)
(d) MinnesotaCare reimbursements to fee-for-service providers and
payments to managed care plans or county-based
purchasing plans shall not be increased as a result of the reduction of the
co-payments in paragraph (a), clause (5) (4), effective January
1, 2011.
(h)
(e) The commissioner, through the contracting process under section
256L.12, may allow managed care plans and county-based purchasing plans to
waive the family deductible under paragraph (a), clause (6) (5). The value of the family deductible shall not
be included in the capitation payment to managed care plans and county-based
purchasing plans. Managed care plans and
county-based purchasing plans shall certify annually to the commissioner the
dollar value of the family deductible.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 19. Minnesota
Statutes 2012, section 256L.03, subdivision 6, is amended to read:
Subd. 6. Lien.
When the state agency provides, pays for, or becomes liable for
covered health services, the agency shall have a lien for the cost of the
covered health services upon any and all causes of action accruing to the
enrollee, or to the enrollee's legal representatives, as a result of the
occurrence that necessitated the payment for the covered health services. All liens under this section shall be subject
to the provisions of section 256.015. For
purposes of this subdivision, "state agency" includes prepaid
health plans participating entities, under contract with the
commissioner according to sections 256B.69, 256D.03, subdivision 4,
paragraph (c), and 256L.12; and county-based purchasing entities under section
256B.692 section 256L.121.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 20. Minnesota
Statutes 2012, section 256L.04, is amended by adding a subdivision to read:
Subd. 1c. General requirements. To
be eligible for coverage under MinnesotaCare, a person must meet the
eligibility requirements of this section.
A person eligible for MinnesotaCare shall not be treated as a qualified
individual under section 1312 of the Affordable Care Act, and is not eligible
for enrollment in a qualified health plan offered through the health benefit
exchange under section 1331 of the Affordable Care Act.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 21. Minnesota Statutes 2012, section 256L.04, is
amended by adding a subdivision to read:
Subd. 1d. Eligible groups; income limits.
(a) To be eligible under MinnesotaCare, a person must:
(1) be a resident of Minnesota;
(2) not be eligible under medical assistance;
(3) have a household income that is greater than 133 percent
but does not exceed 200 percent of the federal poverty guidelines for family
size, except that a noncitizen lawfully present in the United States, who is
not eligible for the Medicaid program under title XIX of the Social Security
Act due to immigration status, may have a household income that is less than or
equal to 133 percent of the federal poverty guidelines for family size;
(4) not be eligible for minimum essential coverage, as
defined in section 5000A(f) of the Internal Revenue Code of 1986, except that a
person may be eligible for an employer-sponsored plan that is not affordable
coverage, as defined in section 5000A(e)(2) of the Internal Revenue Code of
1986; and
(5) not have attained the age of 65 as of the beginning of
the plan year.
(b) The commissioner shall calculate
income eligibility under MinnesotaCare using modified adjusted gross income and
shall apply a standard five percent income disregard, as provided under section
2012 of the Affordable Care Act.
EFFECTIVE DATE. Paragraph (a) of this section is effective January 1, 2015. Paragraph (b) of this section is effective
January 1, 2014.
Sec. 22. Minnesota
Statutes 2012, section 256L.05, subdivision 1, is amended to read:
Subdivision 1. Application assistance and information
availability. (a) Applicants may
submit applications online, in person, by mail, or by phone in accordance with
the Affordable Care Act, and by any other means by which medical assistance
applications may be submitted. Applicants
may submit applications through the Minnesota Insurance Marketplace or through
the MinnesotaCare program.
Applications and application assistance must be made available at
provider offices, local human services agencies, school districts, public and
private elementary schools in which 25 percent or more of the students receive
free or reduced price lunches, community health offices, Women, Infants and
Children (WIC) program sites, Head Start program sites, public housing
councils, crisis nurseries, child care centers, early childhood education and
preschool program sites, legal aid offices, and libraries, and at any other
locations at which medical assistance applications must be made available. These sites may accept applications and
forward the forms to the commissioner or local county human services agencies
that choose to participate as an enrollment site. Otherwise, applicants may apply directly to
the commissioner or to participating local county human services agencies.
(b) Application assistance must be available for applicants
choosing to file an online application through the Minnesota Insurance
Marketplace.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 23. Minnesota
Statutes 2012, section 256L.05, is amended by adding a subdivision to read:
Subd. 1d. Streamlined application and enrollment process. The commissioner shall work with the
board of the Minnesota Insurance Marketplace and local human services agencies
to develop a single, streamlined application and automatic enrollment process
that meets the requirements of the Affordable Care Act, including but not
limited to being structured to maximize an applicant's ability to complete the
form satisfactorily, taking into account the characteristics of individuals
who qualify for MinnesotaCare and medical assistance. Each application shall give an applicant the
option, to the extent feasible, of specifying their current primary care clinic
or physician as their primary care provider for purposes of continuity of care.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 24. Minnesota
Statutes 2012, section 256L.05, subdivision 2, is amended to read:
Subd. 2. Commissioner's duties. The commissioner or county agency shall
use electronic verification through the Minnesota Insurance Marketplace
as the primary method of income verification.
If there is a discrepancy between reported income and electronically verified
income, an individual may be required to submit additional verification to
the extent permitted under the Affordable Care Act. In addition, the commissioner shall perform
random audits to verify reported income and eligibility. The commissioner may execute data sharing
arrangements with the Department of Revenue and any other governmental agency
in order to perform income verification related to eligibility and premium
payment under the MinnesotaCare program.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 25. Minnesota
Statutes 2012, section 256L.05, subdivision 3, is amended to read:
Subd. 3. Effective
date of coverage. (a) The effective
date of coverage is the first day of the month following the month in which
eligibility is approved and the first premium payment has been
received. As provided in section
256B.057, coverage for newborns is automatic from the date of birth and must be
coordinated with other health coverage.
The effective date of coverage for eligible newly adoptive children
added to a family receiving covered health services is the month of
placement. The effective date of
coverage for other new members added to the family is the first day of the
month following the month in which the change is reported. All eligibility criteria must be met by the
family at the time the new family member is added. The income of the new family member is
included with the family's gross income and the adjusted premium begins in the
month the new family member is added.
(b) The initial premium must be received by the last working
day of the month for coverage to begin the first day of the following month.
(c) Benefits are not available until the day following
discharge if an enrollee is hospitalized on the first day of coverage.
(d)
(b) Notwithstanding any other law to the contrary, benefits under
sections 256L.01 to 256L.18 are secondary to a plan of insurance or benefit
program under which an eligible person may have coverage and the commissioner
shall use cost avoidance techniques to ensure coordination of any other health
coverage for eligible persons. The
commissioner shall identify eligible persons who may have coverage or benefits
under other plans of insurance or who become eligible for medical assistance.
(e) The effective date of coverage for individuals or
families who are exempt from paying premiums under section 256L.15, subdivision
1, paragraph (d), is the first day of the month following the month in which
verification of American Indian status is received or eligibility is approved,
whichever is later.
(f) (c) The effective date of
coverage for children eligible under section 256L.07, subdivision 8, is the
first day of the month following the date of termination from foster care or
release from a juvenile residential correctional facility.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 26. Minnesota Statutes 2012, section 256L.05, subdivision
3a, is amended to read:
Subd. 3a. Renewal
of eligibility. (a) Beginning July
1, 2007, an enrollee's eligibility must be renewed every 12 months. The 12-month period begins in the month after
the month the application is approved.
(b) Each new period of eligibility must take into account
any changes in circumstances that impact eligibility and premium amount. An enrollee must provide all the information
needed to redetermine eligibility by the first day of the month that ends the eligibility
period. The premium for the new
period of eligibility must be received as provided in section 256L.06 in order
for eligibility to continue.
(c) For children enrolled in MinnesotaCare under section
256L.07, subdivision 8, the first period of renewal begins the month the
enrollee turns 21 years of age.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 27. Minnesota
Statutes 2012, section 256L.05, subdivision 3c, is amended to read:
Subd. 3c. Retroactive coverage. Notwithstanding subdivision 3, the
effective date of coverage shall be the first day of the month following
termination from medical assistance for families and individuals who are
eligible for MinnesotaCare and who submitted a written request for retroactive
MinnesotaCare coverage with a completed application within 30 days of the
mailing of notification of termination from medical assistance. The applicant must provide all required
verifications within 30 days of the written request for verification. For retroactive coverage, premiums must be
paid in full for any retroactive month, current month, and next month within 30
days of the premium billing. General
assistance medical care recipients may qualify for retroactive coverage under
this subdivision at six-month renewal.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 28. Minnesota
Statutes 2012, section 256L.07, subdivision 1, is amended to read:
Subdivision 1. General requirements. (a) Children enrolled in the original
children's health plan as of September 30, 1992, children who enrolled in the
MinnesotaCare program after September 30, 1992, pursuant to Laws 1992, chapter
549, article 4, section 17, and children who have family gross incomes that are
equal to or less than 200 percent of the federal poverty guidelines are
eligible without meeting the requirements of subdivision 2 and the four-month
requirement in subdivision 3, as long as they maintain continuous coverage in
the MinnesotaCare program or medical assistance.
Parents enrolled in MinnesotaCare
under section 256L.04, subdivision 1, whose income increases above 275 percent
of the federal poverty guidelines, are no longer eligible for the program and
shall be disenrolled by the commissioner.
Beginning January 1, 2008, individuals enrolled in MinnesotaCare under
section 256L.04, subdivision 7, whose income increases above 200 percent of the
federal poverty guidelines or 250 percent of the federal poverty guidelines on
or after July 1, 2009, are no longer eligible for the program and shall be
disenrolled by the commissioner. For
persons disenrolled under this subdivision, MinnesotaCare coverage terminates
the last day of the calendar month following the month in which the
commissioner determines that the income of a family or individual exceeds
program income limits.
(b) Children may remain enrolled in MinnesotaCare if their
gross family income as defined in section 256L.01, subdivision 4, is greater
than 275 percent of federal poverty guidelines.
The premium for children remaining eligible under this paragraph shall
be the maximum premium determined under section 256L.15, subdivision 2,
paragraph (b).
(c) Notwithstanding paragraph
(a), parents are not eligible for MinnesotaCare if gross household income
exceeds $57,500 for the 12-month period of eligibility.
EFFECTIVE DATE. This section is effective January 1, 2014.
Sec. 29. Minnesota
Statutes 2012, section 256L.09, subdivision 2, is amended to read:
Subd. 2. Residency
requirement. To be eligible for
health coverage under the MinnesotaCare program, pregnant women,
individuals, and families with children must meet the residency requirements
individuals must be a resident of the state as provided by Code of
Federal Regulations, title 42, section 435.403, except that the provisions of
section 256B.056, subdivision 1, shall apply upon receipt of federal approval
section 1331 of the Affordable Care Act.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 30. Minnesota
Statutes 2012, section 256L.11, subdivision 1, is amended to read:
Subdivision 1. Medical assistance rate to be used. (a) Payment to providers under sections
256L.01 to 256L.11 this chapter shall be at the same rates and
conditions established for medical assistance, except as provided in subdivisions
2 to 6 this section.
(b) Effective for services provided on or after July 1,
2009, total payments for basic care services shall be reduced by three percent,
in accordance with section 256B.766. Payments
made to managed care and county-based purchasing plans shall be reduced for
services provided on or after October 1, 2009, to reflect this reduction.
(c) Effective for services provided on
or after July 1, 2009, payment rates for physician and professional services
shall be reduced as described under section 256B.76, subdivision 1, paragraph
(c). Payments made to managed care and
county-based purchasing plans shall be reduced for services
provided on or after October 1, 2009, to reflect this reduction.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 31. Minnesota
Statutes 2012, section 256L.11, is amended by adding a subdivision to read:
Subd. 1a. Rate increases. Effective
for services provided on or after January 1, 2015, the commissioner of human
services shall increase payments for basic care services, physician and
professional services, and dental services by … percent from the rates in
effect for the MinnesotaCare program on December 31, 2014. Payments to participating entities
established through the competitive process under section 256L.121 must reflect
this increase.
EFFECTIVE DATE. This section is effective January 1, 2015.
Sec. 32. [256L.121] SERVICE DELIVERY.
Subdivision 1. Competitive process. The
commissioner of human services shall establish a competitive process for
entering into contracts with participating entities for the offering of
standard health plans through MinnesotaCare.
Coverage through standard health plans must be available to enrollees
beginning January 1, 2015. Each standard
health plan must cover the health services listed in and meet the requirements
of section 256L.03. The competitive
process must meet the requirements of section 1331 of the Affordable Care Act
and be designed to ensure enrollee access to high-quality health care coverage
options. The commissioner, to the extent
feasible, shall seek to ensure that enrollees have a choice of coverage from
more than one participating entity within a geographic area. In rural areas other than metropolitan
statistical areas, the commissioner shall use the medical assistance
competitive procurement process under section 256B.69, subdivisions 1 to 32,
under which selection of entities is based on criteria related to provider
network access, coordination of health care with other local services,
alignment with local public health goals, and other factors.
Subd. 2.
(1) the provision of culturally and linguistically
appropriate services, including marketing materials, to MinnesotaCare
enrollees; and
(2) the inclusion in provider networks
of providers designated as essential community providers under section 62Q.19.
Subd. 3. Coordination with state-administered health programs. The commissioner shall coordinate the
administration of the MinnesotaCare program with medical assistance to maximize
efficiency and improve the continuity of care.
This includes, but is not limited to:
(1) establishing geographic areas for MinnesotaCare that are
consistent with the geographic areas of the medical assistance program, within
which participating entities may offer health plans;
(2) requiring, as a condition of participation in MinnesotaCare,
participating entities to also participate in the medical assistance program;
(3) complying with sections 256B.69, subdivision 3a;
256B.692, subdivision 1; and 256B.694, when contracting with MinnesotaCare
participating entities;
(4) providing MinnesotaCare enrollees, to the extent
possible, with the option to remain in the same health plan and provider
network, if they later become eligible for medical assistance or coverage
through the Minnesota health benefit exchange; and
(5) establishing requirements and criteria for selection
that ensure that covered health care services will be coordinated with local
public health, social services, long-term care services, mental health
services, and other local services affecting enrollees' health, access, and
quality of care.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 33. PLAN FOR CONSOLIDATION OF PUBLIC
PROGRAMS.
The commissioner of human services shall develop and present
to the legislature by January 15, 2014, a plan for a consolidated and
streamlined state health care program that combines the current medical
assistance and MinnesotaCare programs, uses a standard and simplified
application process through the Minnesota Insurance Marketplace, and provides seamless
delivery and coordination of care between state health care programs and health
coverage available through the Minnesota Insurance Marketplace.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 34. REVISOR'S INSTRUCTION.
The revisor shall remove cross-references to the sections
repealed in this act 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. 35. REPEALER.
(a) Minnesota Statutes 2012, sections 256L.01, subdivisions
4a and 5; 256L.031; and 256L.07, subdivisions 2 and 3, are repealed, effective
July 1, 2014.
(b) Minnesota Statutes 2012,
sections 256L.01, subdivisions 3 and 3a; 256L.02, subdivision 3; 256L.03,
subdivisions 1a, 3, 4, and 5; 256L.04, subdivisions 1, 1b, 2a, 7, 7a, 8, 9, and
13; 256L.05, subdivisions 1b, 1c, and 5; 256L.06, subdivision 3; 256L.07,
subdivisions 1, 4, 5, 8, and 9; 256L.09, subdivisions 1, 4, 5, 6, and 7;
256L.11, subdivisions 2a, 3, and 6; 256L.12; 256L.15, subdivisions 1, 1a, 1b,
and 2; and 256L.17, subdivisions 1, 2, 3, 4, and 5,
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 252, A bill for an act relating to
family law; adoption; modifying certain child placement proceedings; amending
Minnesota Statutes 2012, section 260.771, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Simon from the Committee on
Elections to which was referred:
H. F. No. 276, A joint resolution requesting
that Congress propose a constitutional amendment and, if Congress does not
propose an amendment, applying to Congress to call a constitutional convention
to propose an amendment clarifying that the rights protected under the
Constitution are the rights of natural persons and not the rights of artificial
entities and that spending money to influence elections is not speech under the
First Amendment.
Reported the same back with the
recommendation that the bill pass and be re-referred to the Committee on Civil
Law.
The
report was adopted.
Lesch from the Committee on
Civil Law to which was referred:
H. F. No. 283, A bill for an act relating to
evidence; limiting availability of certain evidence arising from a
collaborative law process; amending Minnesota Statutes 2012, section 595.02,
subdivision 1.
Reported the same back with the following amendments:
Page 4, line 24, after "agreement" insert "or
a stipulated agreement resulting from the collaborative law process"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hornstein from the Committee on
Transportation Finance to which was referred:
H. F. No. 316, A bill for an act relating to
transportation; motor vehicles; amending fees for certain motor vehicle titling
transactions; amending Minnesota Statutes 2012, section 168A.29, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 168A.29, subdivision 1, is amended to read:
Subdivision 1. Amounts.
(a) The department must be paid the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of:
(i) until December 31, 2016, $6.25 of which $3.25 must be
paid into the vehicle services operating account of the special revenue fund
under section 299A.705; until June 30, 2012, a surcharge of $1.75 must be
added to the fee and credited to the driver and vehicle services technology
account;, and from July 1, 2012, to June 30, 2016, a surcharge of $1
must be added to the fee and credited to the driver and vehicle services
technology account; and
(ii) on and after January 1, 2017, $8.25 of which $4.15 must
be paid into the vehicle services operating account;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any assignment
thereof and its subsequent release or satisfaction, the sum of $2, except that
no fee is due for a security interest filed by a public authority under section
168A.05, subdivision 8;
(3) until December 31, 2016, for the transfer of the
interest of an owner and the issuance of a new certificate of title, the sum of
$5.50 of which $2.50 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705; until June 30, 2012, a
surcharge of $1.75 must be added to the fee and credited to the driver and
vehicle services technology account;, and from July 1, 2012, to June
30, 2016, a surcharge of $1 must be added to the fee and credited to the driver
and vehicle services technology account;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with the security
interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum of
$7.25 of which $3.25 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705; until June 30, 2012, a
surcharge of $1.75 must be added to the fee and credited to the driver and
vehicle services technology account; from July 1, 2012, to June 30, 2016, a
surcharge of $1 must be added to the fee and credited to the driver and vehicle
services technology account.
(b) After June 30, 1994, In
addition to each of the fees the fee required under paragraph
(a), clauses clause (1) and (3), the
department must be paid $3.50. The
additional $3.50 fee collected under this paragraph must be deposited in the
special revenue fund and credited to the public safety motor vehicle account
established in section 299A.70."
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Ways and Means.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 338, A bill for an act relating to
eminent domain; making award of appraisal fees in utility takings the same as
other takings; modifying the "buy the farm" provisions; amending
Minnesota Statutes 2012, sections 117.189; 216E.12, subdivision 4.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 2, line 14, delete "a fee" and insert
"an"
Page 2, line 15, delete "fee" in both
places
Page 3, after line 9, insert:
"Sec. 2. [216E.121] PROPERTY RIGHTS OMBUDSMAN.
The Department of Agriculture shall provide a property
rights ombudsman to assist landowners who may be affected by a proposed
high-voltage transmission line of 100 kilovolts or more, or ancillary
substations, or a natural gas, petroleum, or petroleum products pipeline, or
ancillary compressor stations or pump stations that require a certificate of
need under chapter 216B or a site or route permit under chapter 216E. The ombudsman shall provide impartial
information to landowners or others facing a potential right-of-way acquisition
from a project described in this section, including, but not limited to:
(1) the steps and procedures an acquiring authority must
comply with in seeking to obtain a right-of-way by negotiation or eminent
domain;
(2) the timelines associated with various procedures under
clause (1);
(3) options and rights of property owners and other persons
faced with a right-of-way acquisition under the law, including rights for
reimbursement of costs of appraisals and relocation costs; and
(4) how to find appraisers and attorneys specializing in
right-of-way acquisition to assist landowners or others.
The
department's cost of providing a property rights ombudsman shall be reimbursed
on a prorated basis by the proposers whose projects generate inquiries to the
property rights ombudsman.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete everything after "to" and
insert "real property; modifying certain eminent domain provisions with
respect to electric power utilities; establishing a property rights
ombudsman;"
Page 1, line 3, delete everything before
"amending"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
Paymar from the Committee on
Public Safety Finance and Policy to which was referred:
H. F. No. 404, A bill for an act relating to
appropriations; appropriating money to study and develop recommendations for
implementing a return on taxpayer investment methodology and practices for
human services and corrections programs.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 458, A bill for an act relating to
public health; banning formaldehyde in certain children's products; proposing
coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Page 1, line 8, delete "12" and insert
"eight"
Page 1, line 9, after "a product" insert
"primarily"
Page 1, line 12, delete "toy" and insert
"children's toys that are covered by the ASTM International F963
standard for Toy Safety,"
Page 1, delete lines 17 to 21 and insert:
"(a) Beginning August 1, 2014, no manufacturer or
wholesaler may sell or offer for sale in this state a children's product that
intentionally contains:
(1) formaldehyde, including formaldehyde contained in a
solution; or
(2) ingredients that chemically degrade under normal
conditions of temperature and pressure to release formaldehyde.
(b) Beginning August 1, 2015, no retailer may sell or offer
for sale in this state a children's product that intentionally contains:
(1) formaldehyde, including formaldehyde contained in a
solution; or
(2) ingredients that chemically degrade under normal
conditions of temperature and pressure to release formaldehyde."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 459, A bill for an act relating to children's health; prohibiting sale of children's food containers containing bisphenol-A; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [325F.174]
BISPHENOL-A IN CHILDREN'S FOOD CONTAINERS.
Subdivision 1. Prohibition. (a) Beginning August 1, 2014, no
manufacturer or wholesaler may knowingly sell or offer for sale in this state
infant formula, baby food, or toddler food stored in a container that contains
intentionally added bisphenol-A.
(b) Beginning August 1, 2015, no
retailer may knowingly sell or offer for sale in this state infant formula,
baby food, or toddler food stored in a container that contains intentionally
added bisphenol-A.
Subd. 2. Definitions. For purposes of this section, the
following terms have the meanings given.
(a) "Baby food" means a
prepared solid food consisting of a soft paste or an easily chewed food that is
primarily intended for consumption by children two years of age or younger and
is commercially available.
(b) "Container" means a
receptacle, box, can, or jar, including a lid, that is in direct physical
contact with a children's food.
(c) "Infant formula" means a
liquid or powder that purports to be or is represented for special dietary use
solely as a food for infants by reason of its simulation of human milk or its
suitability as a complete or partial substitute for human milk.
(d) "Toddler food" means any
food or beverage, other than baby food or infant formula, that is primarily
intended for consumption by children under three years of age. For purposes of this section, toddler food in
can containers is not included in this definition.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. [325F.175]
BISPHENOL-A REPLACEMENT CHEMICALS.
Beginning August 1, 2014, a manufacturer
shall not replace a chemical whose use is prohibited in section 325F.174 with a
chemical identified on the basis of credible scientific evidence by a state,
federal, or international agency as being known or suspected with a high degree
of probability to:
(1) harm the normal development of a
fetus or child or cause other developmental toxicity;
(2) cause cancer, genetic damage, or
reproductive harm;
(3) disrupt the endocrine or hormone
system; or
(4) damage the nervous system, immune
system, or organs or cause other systemic toxicity.
EFFECTIVE DATE. This section is effective the day following final enactment."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Paymar from the Committee on
Public Safety Finance and Policy to which was referred:
H. F. No. 525, A bill for an act relating to
military affairs; allowing active duty service members to take a peace officer
reciprocity examination; amending Minnesota Statutes 2012, section 626.8517.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 543, A bill for an act relating to
human services; modifying membership requirements for the Council on
Disability; amending Minnesota Statutes 2012, section 256.482, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 662, A bill for an act relating to
health; modifying a provision in the health professional education loan
forgiveness program; requiring radon education disclosure for residential real
property; changing provisions for tuberculosis standards; changing adverse
health events reporting requirements; modifying a poison control provision;
providing liability coverage for certain volunteer medical personnel and
permitting agreements to conduct criminal background studies; defining
occupational therapy practitioners; changing provisions for occupational
therapy; amending prescribing authority for legend drugs; amending Minnesota
Statutes 2012, sections 144.1501, subdivision 4; 144.50, by adding a
subdivision; 144.55, subdivision 3; 144.56, by adding a subdivision; 144.7065,
subdivisions 2, 3, 4, 5, 6, 7, by adding a subdivision; 144A.04, by adding a
subdivision; 144A.45, by adding a subdivision; 144A.752, by adding a
subdivision; 144D.08; 145.93, subdivision 3; 145A.04, by adding a subdivision;
145A.06, subdivision 7; 148.6402, by adding a subdivision; 148.6440; 151.37,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
144; 145A; repealing Minnesota Statutes 2012, sections 144.1487; 144.1488,
subdivisions 1, 3, 4; 144.1489; 144.1490; 144.1491.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Dill from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 757, A bill for an act relating to
natural resources; providing Minnesota Zoo certain wild animal exemptions;
amending Minnesota Statutes 2012, section 85A.02, subdivision 10.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 758, A bill for an act relating to
workforce development; adding a representative from adult basic education
programs to the Workforce Development Council; amending Minnesota Statutes
2012, section 116L.665, subdivision 2.
Reported the same back with the recommendation that the bill
pass and 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. 770, A bill for an act relating to
human services; creating an exception to the intermediate care facility for
persons with developmental disabilities moratorium; allowing for a rate
adjustment; amending Minnesota Statutes 2012, sections 252.291, by adding a subdivision;
256B.501, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 9, delete "Exception for" and
after "facility" insert "project" and delete
"Notwithstanding subdivision 1,"
Page 1, line 11, delete everything after the period
Page 1, delete line 12
Page 1, line 16, delete "three beds" and
insert "one bed"
Page 1, line 18, delete everything after the period
Page 1, line 19, delete everything before the period and
insert "The operating payment rate shall be $276.78 per bed, per day"
Amend the title as follows:
Page 1, line 2, delete "creating an exception to
the" and insert "transferring a bed between" and delete
"facility" and insert "facilities"
Page 1, line 3, delete "moratorium"
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 829, A bill for an act relating to housing; landlord and tenant; imposing civil penalty for certain violations; amending certain provisions relating to tenants holding over; modifying certain time for appeal and notice of hearing; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2012, sections 504B.151, subdivision 1; 504B.285, subdivisions 1a, 1b; 504B.371, subdivision 2; 504B.385, subdivision 5; repealing Minnesota Statutes 2012, section 504B.285, subdivision 1c.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 841, A bill for an act relating to
human services; modifying requirements for assessments; amending Minnesota
Statutes 2012, section 256B.0911, subdivision 3a.
Reported the same back with the following amendments:
Page 4, lines 1 and 4, reinstate the stricken language and
delete the new language
Page 4, line 6, strike "in a face-to-face visit"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 865, A bill for an act relating to
environment; providing for product stewardship programs; requiring a report;
proposing coding for new law in Minnesota Statutes, chapter 115A.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Environment, Natural Resources and
Agriculture Finance.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 878, A bill for an act relating to
human services; modifying criteria for designation as a critical access dental
provider; amending Minnesota Statutes 2012, section 256B.76, subdivision 4.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 946, A bill for an act relating to
public safety; providing immunity for underage possession or consumption of
alcohol for a person seeking assistance for self or another; amending Minnesota
Statutes 2012, section 340A.503, by adding a subdivision.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 340A.503, is amended by adding a subdivision to read:
Subd. 8. Prosecution; immunity. (a)
A person is not subject to prosecution under subdivision 1, paragraph (a),
clause (2), or subdivision 3, if the person contacts a 911 operator to report
that the person or another person is in need of medical assistance for an
immediate health or safety concern, provided that the person who initiates
contact is the first person to make such a report, provides a name and contact
information, remains on the scene until assistance arrives, and cooperates with
the authorities at the scene.
(b) The person who receives medical assistance shall also be
immune from prosecution under paragraph (a).
(c) Paragraph (a) also applies to one or two persons acting
in concert with the person initiating contact provided that all the
requirements of paragraph (a) are met."
Delete the title and insert:
"A bill for an act relating to public safety; providing
immunity for underage possession or consumption of alcohol for a person
contacting 911 to seek assistance for another; amending Minnesota Statutes
2012, section 340A.503, by adding a subdivision."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 947, A bill for an act relating to
human services; distinguishing and clarifying law regarding civil commitment of
sexually dangerous persons and persons with sexual psychopathic personalities
from other civil commitments; amending Minnesota Statutes 2012, sections
253B.02, subdivisions 18a, 24; 253B.03, subdivision 1a; 253B.045, subdivision
1a; 253B.092, subdivision 1; 253B.17, subdivision 1; 253B.185; 253B.19,
subdivision 2; proposing coding for new law as Minnesota Statutes, chapter
253D.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 975, A bill for an act relating to
human services; modifying provisions related to fair hearings and internal
audits; creating the Cultural and Ethnic Leadership Communities Council;
removing obsolete language; making technical changes; amending Minnesota
Statutes 2012, sections 245.4661, subdivisions 2, 6; 245.482, subdivision 5;
256.01, subdivision 2; 256.017, subdivision 1; 256.045, subdivisions 1, 3, 4,
5; 256.0451, subdivisions 5, 13, 22, 24; 256B.055, subdivision 12; 256B.056,
subdivision 11; 256B.057, subdivision 3b; 256B.0595, subdivisions 1, 2, 4, 9;
256D.02, subdivision 12a; 256J.30, subdivisions 8, 9; 256J.37, subdivision 3a;
256J.395, subdivision 1; 256J.575, subdivision 3; 256J.626, subdivisions 6, 7;
256J.72, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
chapter 256; repealing Minnesota Statutes 2012, sections 245.461, subdivision
3; 245.463, subdivisions 1, 3, 4; 256.01, subdivisions 2a, 13, 23a; 256B.0185;
256D.02, subdivision 4a; 256J.575, subdivision 4; 256J.74, subdivision 4;
256L.04, subdivision 9.
Reported the same back with the following amendments:
Page 11, delete subdivision 2 and insert:
"Subd. 2. Members. The council must consist of: (1) the chairs of the committees in the house
of representatives and the senate with jurisdiction over human services; and
(2) no fewer than 15 and no more than 25 members appointed by the commissioner
of human services, in consultation with county, tribal, cultural, and ethnic
communities; diverse program participants; and parent representatives from
these communities.
Subd. 3. Guidelines. (a)
The commissioner shall direct the development of guidelines defining the
membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic
disparities reduction. The guidelines
must be developed in consultation with:
(1) the chairs of relevant committees; and
(2) county, tribal, and cultural communities and program
participants from these communities.
(b) Members must be appointed to allow for representation of
the following groups:
(1) racial and ethnic minority groups;
(2) tribal service providers;
(3) culturally and linguistically specific advocacy groups
and service providers;
(4) human services program participants;
(5) public and private institutions;
(6) parents of human services program participants;
(7) members of the faith community;
(8) Department of Human Services employees; and
(9) any other group the commissioner deems appropriate to
facilitate the goals and duties of the council.
Subd. 4.
Subd. 5. Chair. The
commissioner shall appoint a chair.
Subd. 6. Terms for first appointees.
Seven of the first members shall serve until January 15, 2015. The remainder of the first members shall
serve until January 15, 2016.
Subd. 7. Terms. Except for the first appointees, a
term shall be for one year and appointees can be appointed to serve two
terms. The commissioner shall make
appointments to replace vacating members by January 15 every year.
Subd. 8. Compensation. Members
of the council shall receive no compensation for their services."
Renumber the subdivisions in sequence
Page 13, line 11, delete "and"
Page 13, line 12, delete the period and insert ";
and"
Page 13, after line 12, insert:
"(11) beginning November 15, 2014, and annually
thereafter, prepare and submit a report to the chairs and ranking minority
members of the committees in the house of representatives and senate with
jurisdiction over human services that summarizes the activities of the council
since the last report, identifies the major problems and issues confronting
racial and ethnic groups in accessing human services, makes recommendations to
address issues, and lists the specific objectives that the council seeks to
attain during the next biennium."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Erhardt from the Committee on
Transportation Policy to which was referred:
H. F. No. 1016, A bill for an act relating to
transportation; requiring designation of an individual to monitor compliance
with underage drinking laws during transportation provided by a motor carrier
of passengers or limousine service; proposing coding for new law in Minnesota
Statutes, chapter 169.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1030, A bill for an act relating to
commerce; ending the transfer of money from the automobile theft prevention
account to the general fund; restoring use of the fund to its original purpose;
amending Minnesota Statutes 2012, sections 65B.84, subdivision 1; 168A.40,
subdivision 4.
Reported the same back with the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 45.0135, subdivision 6, is amended to read:
Subd. 6. Insurance
fraud prevention account. The
insurance fraud prevention account is created in the state treasury. Money received from assessments under
subdivision 7 and from the automobile theft prevention account in section
168A.40, subdivision 4 is deposited in the account. Money in this fund is appropriated to the
commissioner of commerce for the purposes specified in this section and
sections 60A.951 to 60A.956.
Sec. 2. Minnesota
Statutes 2012, section 65B.84, subdivision 1, is amended to read:
Subdivision 1. Program described; commissioner's duties;
appropriation. (a) The commissioner
of commerce shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft, improve the
administration of the automobile theft laws, and provide a forum for
identification of critical problems for those persons dealing with automobile
theft;
(2) coordinate the development, adoption, and implementation
of plans, programs, and strategies relating to interagency and
intergovernmental cooperation with respect to automobile theft enforcement;
(3) annually audit the plans and programs that have been
funded in whole or in part to evaluate the effectiveness of the plans and
programs and withdraw funding should the commissioner determine that a plan or
program is ineffective or is no longer in need of further financial support
from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile
theft, including areas of the state where the problem is greatest;
(ii) an analysis of various methods of combating the problem
of automobile theft;
(iii) a plan for providing financial support to combat
automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan;
and
(5) distribute money, in consultation with the commissioner
of public safety, pursuant to subdivision 3 from the automobile theft
prevention special revenue account for automobile theft prevention activities,
including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and
local law enforcement agencies for automobile theft enforcement teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the incidence of
automobile theft and for improved equipment and techniques for responding to
automobile thefts;
(iv) providing financial support to
local prosecutors for programs designed to reduce the incidence of automobile
theft;
(v) providing financial support
to judicial agencies for programs designed to reduce the incidence of
automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs designed to
reduce the incidence of automobile theft and to educate people about the common
methods of automobile theft, the models of automobiles most likely to be
stolen, and the times and places automobile theft is most likely to occur; and
(vii) providing financial support of
$100,000 annually for grants under section 611A.675, subdivision 1, clause (6), or reasonable uninsured
need-based property damage reimbursement to victims of automobile theft; and
(vii)
(viii) providing financial support for automobile theft educational and
training programs for state and local law enforcement officials, driver and
vehicle services exam and inspections staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more
than ten percent of the money in the fund for the program's administrative and
operating costs. The commissioner is annually
appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the
transfer of $1,300,000 each year to the general fund described in section
168A.40, subdivision 4.
Sec. 3. Minnesota
Statutes 2012, section 168A.40, subdivision 4, is amended to read:
Subd. 4. Automobile theft prevention account. A special revenue account is created in
the state treasury to be credited with the proceeds of the surcharge imposed
under subdivision 3. Of the revenue
in the account, $1,300,000 each year must be transferred to the general fund. Revenues in excess of $1,300,000 each year
may be used only for the automobile theft prevention program described in
section 65B.84."
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Public Safety Finance and Policy.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 1058, A bill for an act relating to education finance; establishing an early learning scholarship program; expanding access to quality early learning and care; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Education Finance.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1060, A bill for an act relating to
lawful gambling; modifying account, record keeping, and other regulatory
provisions; modifying paddle wheel provisions; amending Minnesota Statutes
2012, sections 297E.06, subdivision 4; 349.12, subdivisions 28a, 28b, 29;
349.1635, subdivision 3; 349.165, subdivision 5; 349.19, subdivisions 2, 10;
349.211, subdivision 2b.
Reported the same back with the following amendments:
Page
2, delete sections 2 to 4
Page 5, delete section 9
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 3, delete "modifying paddle wheel
provisions;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Paymar from the Committee on
Public Safety Finance and Policy to which was referred:
H. F. No. 1095, A bill for an act relating to
public safety; motor vehicles; clarifying registration rules and periods;
modifying rules pertaining to trip permits; modifying the design for veterans
special plates; modifying record retention requirements; making changes to
conform with federal requirements; authorizing background checks of certain
department employees; clarifying language pertaining to senior identification
cards; making technical corrections;
amending Minnesota Statutes 2012, sections 168.017, subdivisions 2, 3; 168.053,
subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187,
subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153,
subdivisions 1, 2; 171.01, subdivision 49b; 171.07, subdivisions 3a, 4;
proposing coding for new law in Minnesota Statutes, chapter 171; repealing
Minnesota Statutes 2012, section 168.094.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Lesch from the Committee on
Civil Law to which was referred:
H. F. No. 1112, A bill for an act relating to
business organizations; modifying certain duties and responsibilities of the
secretary of state; amending Minnesota Statutes 2012, sections 5.002; 308B.215,
subdivision 1; 321.0809; 321.0906; 321.1206; 323A.1102; 333.055, subdivision 2;
333.22, subdivision 2; 336.9-531; 336A.14.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 1115, A bill for an act relating to
health; making changes to the Medical Practice Act; amending Minnesota Statutes
2012, sections 147.001; 147.01, subdivision 1; 147.02, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 147.
Reported the same back with the following amendments:
Page 2, line 27, after
"Canada," insert "the National Board of Osteopathic Examiners,"
Page 3, line 2, after the period, insert "The
applicant taking the College of Osteopathic Medical Licensure Examination
(COMLEX) must pass all three steps within six attempts."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 1196, A bill for an act relating to
local government; authorizing publication of advertisements for competitive
bids in a recognized industry trade journal; amending Minnesota Statutes 2012,
sections 331A.01, by adding a subdivision; 429.041, subdivision 1.
Reported the same back with the following amendments:
Page 2, after line 22, insert:
"Sec. 3. REVISOR'S INSTRUCTION.
The revisor of statutes shall identify in Minnesota Statutes
the sections that contain language requiring or authorizing a political
subdivision to publish advertisements for bids in the official newspaper that
are inconsistent with Minnesota Statutes, section 331A.03. The revisor shall provide a report to the
chairs and ranking minority members of the senate and house of representatives
legislative committees with primary jurisdiction over local governments listing
the sections identified. The report
shall be submitted by January 15, 2014."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring
a report;"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 1210, A bill for an act relating to
health; modifying a social work licensure provision; amending Minnesota
Statutes 2012, section 148E.0555, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1255, A bill for an act relating to
telecommunications; broadband; establishing the Office of Broadband Development
in the Department of Commerce and assigning it duties; requiring the Department
of Transportation to post a database on its Web site; requiring reports;
amending Minnesota Statutes 2012, section 237.012, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 161; 237.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Johnson, S., from the Committee
on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 1320, A bill for an act relating to
mines; making technical, clarifying, and other policy changes to mine inspector
provisions; amending Minnesota Statutes 2012, sections 180.01; 180.02; 180.03;
180.04; 180.05; 180.08; 180.10; 180.11; 180.12; 180.13; proposing coding for
new law in Minnesota Statutes, chapter 180; repealing Minnesota Statutes 2012,
sections 180.06; 180.09.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Johnson, S., from the Committee
on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 1359, A bill for an act relating to
workers' compensation; making various policy and housekeeping changes; amending
Minnesota Statutes 2012, sections 176.102, subdivision 3a; 176.106, subdivision
1; 176.129, subdivision 13; 176.138; 176.183, subdivision 4; 176.245; 176.521.
Reported the same back with the following amendments:
Page 2, line 24, after "(b)" insert "Except
as provided in paragraph (c),"
Page 2, after line 31, insert:
"(c) The special compensation fund shall reimburse
an insolvent insurer for subsequent injury or supplemental benefits after a
declaration of bankruptcy or order of liquidation or insolvency to an insolvent
insurer who has filed for reimbursement from the special compensation fund
before June 1, 2013. This includes
reimbursement for any past, pending, or future claims that may arise out of the
insolvent insurer's coverage."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Jobs and Economic Development Finance
and Policy.
The
report was adopted.
Lesch
from the Committee on Civil Law to which was referred:
H. F. No. 1377, A bill for an act relating to
real estate; requiring loss mitigation by mortgage lenders and servicers;
prohibiting mortgage foreclosure dual tracking; amending Minnesota Statutes
2012, sections 580.02; 580.041, subdivisions 1b, 2a; 580.15; proposing coding
for new law in Minnesota Statutes, chapters 580; 582.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 1382, A bill for an act relating to
local government; authorizing municipalities to issue obligations without
election for certain street improvements; amending Minnesota Statutes 2012,
section 475.58, subdivision 3b.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 1389, A bill for an act relating to
state government; adding the Office of Enterprise Technology (OET) to certain
provisions and changing certain OET provisions; amending Minnesota Statutes
2012, sections 3D.14; 15.06, subdivision 1; 16E.04, subdivision 2; 16E.18,
subdivision 8; 43A.08, subdivision 1a; repealing Minnesota Statutes 2012,
section 15.06, subdivision 1a.
Reported the same back with the following amendments:
Page 1, after line 7, insert:
"Section 1. Minnesota
Statutes 2012, section 3.30, subdivision 2, is amended to read:
Subd. 2. Members; duties. The majority leader of the senate or a
designee, the chair of the senate Committee on Finance, and the chair of the
senate Division of Finance responsible for overseeing the items being
considered by the commission, the speaker of the house or a designee, the chair
of the house of representatives Committee on Ways and Means, and the chair of
the appropriate finance committee, or division of the house of representatives
committee responsible for overseeing the items being considered by the
commissioner, constitute the Legislative Advisory Commission. The division chair of the Finance Committee
in the senate and the division chair of the appropriate finance committee or
division in the house of representatives shall rotate according to the items
being considered by the commission. If
any of the members elect not to serve on the commission, the house of which
they are members, if in session, shall select some other member for the vacancy. If the legislature is not in session,
vacancies in the house of representatives membership of the commission shall be
filled by the last speaker of the house or, if the speaker is not available, by
the last chair of the house of representatives Rules Committee, and by the last
senate Committee on Committees or other appointing authority designated by the
senate rules in case of a senate vacancy.
The commissioner of management and budget shall be secretary of the
commission and keep a permanent record and minutes of its proceedings, which
are public records. The commissioner
of management and budget shall transmit, under section 3.195, a report to the
next legislature of all actions of the commission. Members shall receive traveling and
subsistence expenses incurred attending meetings of the commission. The commission shall meet from time to time
upon the call of the governor or upon the call of the secretary at the request
of two or more of its members. A
recommendation of the commission must be made at a meeting of the commission
unless a written recommendation is signed by all the members entitled to vote
on the item.
Sec. 2. Minnesota Statutes 2012, section 3.3005,
subdivision 4, is amended to read:
Subd. 4. Interim procedures; urgencies. If federal money becomes available to the
state for expenditure after the deadline in subdivision 2 or while the
legislature is not in session, and the availability of money from that source
or for that purpose or in that fiscal year biennium could not
reasonably have been anticipated and included in the governor's budget request,
and an urgency requires that all or part of the money be allotted before the
legislature reconvenes or prior to the end of the 20-day period specified in subdivision
2, it may be allotted to a state agency after the requirements of subdivision 5
are met.
Sec. 3. Minnesota
Statutes 2012, section 3.3005, is amended by adding a subdivision to read:
Subd. 7. Approvals
for both years of the biennium. Approval
of federal money by any of the methods in this section is for the full term of
availability of federal funds, up to the end of the biennium during which the
approval is made.
Sec. 4. Minnesota
Statutes 2012, section 3.736, subdivision 7, is amended to read:
Subd. 7. Payment. A state agency, including an entity
defined as part of the state in section 3.732, subdivision 1, clause (1), incurring a tort
claim judgment or settlement obligation or whose employees acting within the
scope of their employment incur the obligation shall seek approval to make
payment by submitting a written request to the commissioner of management
and budget from the commissioner or director of that agency. The request shall contain a description of
the tort claim that causes the request, specify the amount of the obligation
and be accompanied by copies of judgments, settlement agreements or other
documentation relevant to the obligation for which the agency seeks payment. Upon receipt of the request and review of the
claim, the commissioner of management and budget or director
shall determine the proper appropriation from which to make payment. If there is enough money in an appropriation
or combination of appropriations to the agency for its general operations and
management to pay the claim without unduly hindering the operation of the
agency, the commissioner or director shall direct that payment be made
from that source. Claims relating to
activities paid for by appropriations of dedicated receipts shall be paid from
those appropriations if practicable. On
determining that an agency has sufficient money in these appropriations to pay
only part of a claim, the commissioner of management and budget shall
pay the remainder of the claim from the money appropriated to the commissioner
for the purpose. On determining that the
agency does not have enough money to pay any part of the claim, the
commissioner shall pay all of the claim from money appropriated to the
commissioner for the purpose. Payment
shall be made only upon receipt of a written release by the claimant in a form
approved by the attorney general, or the person designated as the university
attorney, as the case may be.
No attachment or execution shall issue against the
state."
Page 1, after line 24, insert:
"Sec. 6. Minnesota
Statutes 2012, section 4.07, subdivision 2, is amended to read:
Subd. 2. State agency named to act instead. The governor may designate a state agency
or agencies to act for the governor in applying for, receiving, and accepting
federal funds under the provisions of subdivision 1. Such designation of a state department or
agency shall be filed in the Office of the Secretary of State.
Sec. 7. Minnesota
Statutes 2012, section 4A.01, subdivision 3, is amended to read:
Subd. 3. Report.
The commissioner must submit a report to the governor and chairs and
ranking minority members of the senate and house of representatives committees
with jurisdiction on state government finance by January 15 of each year that
provides economic, social, and environmental demographic information to assist
public and elected officials with long-term management decisions. The report must identify and assess the
information important to understanding the
state's two-, ten-, and 50-year outlook, including the budget implications
for those time periods. The report
must include the demographic forecast required by section 4A.02, paragraph (e),
and information to assist with the preparation of the milestones report
required by section 4A.11, and may include policy recommendations based upon
the information and assessment provided.
Sec. 8. Minnesota
Statutes 2012, section 4A.02, is amended to read:
4A.02 STATE
DEMOGRAPHER.
(a) The commissioner shall appoint a state demographer. The demographer must be professionally
competent in demography and must possess demonstrated ability based upon past
performance.
(b) The demographer shall:
(1) continuously gather and develop demographic data
relevant to the state;
(2) design and test methods of research and data collection;
(3) periodically prepare population
projections for the state and designated regions and periodically prepare
projections for each county or other political subdivision of the state as
necessary to carry out the purposes of this section;
(4) review, comment on, and prepare analysis of population
estimates and projections made by state agencies, political subdivisions, other
states, federal agencies, or nongovernmental persons, institutions, or
commissions;
(5) serve as the state liaison with the United States Bureau
of the Census, coordinate state and federal demographic activities to the
fullest extent possible, and aid the legislature in preparing a census data
plan and form for each decennial census;
(6) compile an annual study of population estimates on the
basis of county, regional, or other political or geographical subdivisions as
necessary to carry out the purposes of this section and section 4A.03;
(7) by January 1 of each year, issue a report to the
legislature containing an analysis of the demographic implications of the
annual population study and population projections;
(8) prepare maps for all counties in the state, all
municipalities with a population of 10,000 or more, and other municipalities as
needed for census purposes, according to scale and detail recommended by the
United States Bureau of the Census, with the maps of cities showing precinct
boundaries;
(9) prepare an estimate of population and of the number of
households for each governmental subdivision for which the Metropolitan Council
does not prepare an annual estimate, and convey the estimates to the governing
body of each political subdivision by June 1 of each year;
(10) direct, under section 414.01, subdivision 14, and
certify population and household estimates of annexed or detached areas of
municipalities or towns after being notified of the order or letter of approval
by the chief administrative law judge of the State Office of Administrative
Hearings;
(11) prepare, for any purpose for which a population
estimate is required by law or needed to implement a law, a population estimate
of a municipality or town whose population is affected by action under section
379.02 or 414.01, subdivision 14; and
(12) prepare an estimate of
average household size for each statutory or home rule charter city with a
population of 2,500 or more by June 1 of each year.
(c) A governing body may challenge an estimate made under
paragraph (b) by filing their specific objections in writing with the state
demographer by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a
special census conducted by the United States Bureau of the Census. The political subdivision must notify the
state demographer by July 1 of its intent to have the special census conducted. The political subdivision must bear all costs
of the special census. Results of the
special census must be received by the state demographer by the next April 15
to be used in that year's June 1 estimate to the political subdivision under
paragraph (b).
(d) The state demographer shall certify the estimates of
population and household size to the commissioner of revenue by July 15 each
year, including any estimates still under objection.
(e) The state demographer shall release a demographic
forecast in conjunction with the commissioner of management and budget and the
November state economic forecast.
(f)
The state demographer may contract for the development of data and research
required under this chapter, including, but not limited to, population
estimates and projections, the preparation of maps, and other estimates."
Page 2, line 8, delete "Enterprise Technology"
and insert "MN.IT Services"
Page 2, after line 10, insert:
"Sec. 10. Minnesota
Statutes 2012, section 15.76, subdivision 1, is amended to read:
Subdivision 1. Program established. The state agency value initiative (SAVI)
program is established to encourage state agencies to identify cost-effective
and efficiency measures in agency programs and operations that result in cost
savings for the state. All state
agencies, including Minnesota State Colleges and Universities, not
separately authorized to carry forward operating funds may participate in
this program.
Sec. 11. Minnesota
Statutes 2012, section 15.76, subdivision 2, is amended to read:
Subd. 2. Retained savings. (a) In order to encourage innovation and
creative cost savings by state employees, upon approval of the commissioner of
management and budget, 50 percent of any appropriations for agency operations
that remain unspent at the end of a biennium because of unanticipated
innovation, efficiencies, or creative cost-savings may be carried forward and
retained by the agency to fund specific agency proposals or projects. Agencies choosing to spend retained savings
funds must ensure that project expenditures do not create future obligations
beyond the amounts available from the retained savings. The retained savings must be used only to
fund projects that directly support the performance of the agency's
mission. This section does not restrict
authority granted by other law to carry forward money for a different period or
for different purposes.
(b) This section supersedes any contrary provision of
section 16A.28.
Sec. 12. Minnesota
Statutes 2012, section 15.76, subdivision 3, is amended to read:
Subd. 3. Special peer review panel; Review
process. (a) Each participating
agency must organize a peer review panel that will determine which proposal or
project receives funding from the SAVI program.
The peer review panel must be comprised of department employees who are
credited with cost-savings initiatives and department managers. The ratio between managers and department
employees must be balanced.
(b)recommended for funding by the peer review panel after:
(1) the agency has posted notice of
spending for the proposed project on the agency Web site for at least 30 days; and
(2) the commissioner of management and budget has approved
spending money from the SAVI account for the project.; and
(c) Before approving a project, (3) the commissioner of
management and budget must submit the request to has notified the
Legislative Advisory Commission for its review and recommendation comment. Upon receiving a request from the
commissioner, the Legislative Advisory Commission shall post notice of the
request on a legislative Web site for at least 30 days. Failure of the commission to make a
recommendation within this 30-day period is considered a negative
recommendation. A recommendation of the
commission must be made at a meeting of the commission unless a written
recommendation is signed by all the members entitled to vote on the item.
Sec. 13. Minnesota
Statutes 2012, section 16A.056, subdivision 7, is amended to read:
Subd. 7. Retention of data. The database required under this section
must include information beginning with fiscal year 2010 appropriations and
must retain data for at least ten years.
Sec. 14. Minnesota
Statutes 2012, section 16A.095, is amended to read:
16A.095 STATE
BUDGET SYSTEM.
Subdivision 1. Rules and instructions. The commissioner shall make rules and
instructions for budget preparation. They
must deal with classifying expenditures and with the content and submission of
budget requests and appropriation performance measures for each
budget activity.
Subd. 2. Budget improvements. The commissioner may choose executive
agencies to test improvements in the budget system. The commissioner shall recommend required
legislation to install improvements in the budget system for all executive
agencies that submit budget information in the system. The budget system must classify
expenditures by programs and budget activities and, to the greatest extent
practicable, emphasize alternative approaches in program development and
criteria to evaluate and measure performance.
Subd. 2a. Mutual cooperation; due regard. Executive agencies must cooperate with
the commissioner in making a preparing the budget. The budget must meet the commissioner's
requirements while giving due regard to the executive agencies' requirements.
Sec. 15. Minnesota
Statutes 2012, section 16A.10, subdivision 1, is amended to read:
Subdivision 1. Budget format. In each even-numbered calendar year the
commissioner shall prepare budget forms and instructions for all agencies,
including guidelines for reporting agency performance measures, subject to the
approval of the governor. The
commissioner shall request and receive advisory recommendations from the chairs
of the senate Finance Committee and house of representatives Ways and Means
Committee before adopting a format for the biennial budget document. By June 15, the commissioner shall send the
proposed budget forms to the appropriations and finance committees. The committees have until July 15 to give the
commissioner their advisory recommendations on possible improvements. To facilitate this consultation, the
commissioner shall establish a working group consisting of executive branch
staff and designees of the chairs of the senate Finance and house of representatives
Ways and Means Committees. The
commissioner must involve this group in all stages of development of budget
forms and instructions. The budget
format must show actual expenditures and receipts for the most recent fiscal
year, estimated expenditures and receipts for the current fiscal year, and
estimates for each fiscal year of the next biennium. Estimated expenditures must be classified by
funds and character of expenditures and may be subclassified
by programs and activities. Agency
revenue estimates must have supporting documentation to show how the
estimates were made and what factors were used.
Receipts must be classified by funds, programs, and activities. Expenditure and revenue estimates must be
based on the law in existence at the time the estimates are prepared.
Sec. 16. Minnesota
Statutes 2012, section 16A.10, subdivision 1c, is amended to read:
Subd. 1c. Performance measures for change items. For each change item in the budget
proposal requesting new or increased funding, the budget document must present
proposed performance measures that can be used to determine if the new or
increased funding is accomplishing its goals.
To the extent possible, each budget change item must identify relevant Minnesota
Milestones and other statewide goals and indicators related to the proposed
initiative. The commissioner must
report to the Subcommittee on Government Accountability established under
section 3.885, subdivision 10, regarding the format to be used for the
presentation and selection of Minnesota Milestones and other statewide goals
and indicators.
Sec. 17. Minnesota
Statutes 2012, section 16A.127, subdivision 4, is amended to read:
Subd. 4. Federal proposals. Agency applications for federal money
shall include necessary submissions to recover both statewide and agency
indirect costs. A copy of the
indirect cost submission must be submitted to the commissioner for review. An agency indirect cost plan is unnecessary
if the commissioner determines that the costs incurred in preparing and
maintaining it exceed the benefit received by the state. If less than the entire agency proposal is
federally approved, the commissioner may accept reimbursement of less than all
of the federal receipts. If no federal
funds are approved for indirect costs, the agency must document that fact to
the commissioner.
Sec. 18. Minnesota
Statutes 2012, section 16A.96, subdivision 2, is amended to read:
Subd. 2. Authority.
(a) Subject to the limitations of this subdivision, the commissioner
of management and budget may sell and issue appropriation bonds of the state
under this section for the purposes of the Minnesota pay-for-performance
program established in sections 16A.93 to 16A.96. Proceeds of the bonds must be credited to a
special appropriation bond proceeds account in the state treasury. Net income from investment of the proceeds,
as estimated by the commissioner, must be credited to the special appropriation
bond proceeds account.
(b) Appropriation bonds may be sold and issued in amounts that,
in the opinion of the commissioner, are necessary to provide sufficient funds
for achieving the purposes authorized as provided under paragraph (a), and pay
debt service, pay costs of issuance, make deposits to reserve funds, pay the
costs of credit enhancement, or make payments under other agreements entered
into under paragraph (d); provided, however, that bonds issued and unpaid shall
not exceed $10,000,000 in principal amount, excluding refunding bonds sold and
issued under subdivision 4. During the
biennium ending June 30, 2013, The commissioner may sell and issue bonds
only in an amount that the commissioner determines will result in principal and
interest payments less than the amount of savings to be generated through
pay-for-performance contracts under section 16A.94. For programs achieving savings under a
pay-for-performance contract, the commissioner must reduce general fund
appropriations by at least the amount of principal and interest payments on
bonds issued under this section.
(c) Appropriation bonds may be issued in one or more series
on the terms and conditions the commissioner determines to be in the best
interests of the state, but the term on any series of bonds may not exceed 20
years.
(d) At the time of, or in anticipation of, issuing the
appropriation bonds, and at any time thereafter, so long as the appropriation
bonds are outstanding, the commissioner may enter into agreements and ancillary
arrangements relating to the appropriation bonds, including but not limited to
trust indentures, liquidity facilities, remarketing or dealer agreements,
letter of credit agreements, insurance policies, guaranty agreements,
reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received according to
the agreement or ancillary arrangement shall
be made from or deposited as provided in the agreement or ancillary arrangement. The determination of the commissioner
included in an interest exchange agreement that the agreement relates to an
appropriation bond shall be conclusive.
Sec. 19. Minnesota
Statutes 2012, section 16E.01, subdivision 1, is amended to read:
Subdivision 1. Creation; chief information officer. The Office of Enterprise Technology
MN. IT Services, referred to in this chapter as the "office,"
is an agency in the executive branch headed by a commissioner, who also is
the state chief information officer. The
appointment of the chief information officer commissioner is
subject to the advice and consent of the senate under section 15.066."
Page 3, line 27, delete the new language
Page 3, line 28, after the period, insert "The
system is exempt from section 16C.03, subdivision 17."
Page 4, line 3, delete "Enterprise Technology"
and insert "MN. IT Services"
Page 4, delete section 6 and insert:
"Sec. 23. Minnesota
Statutes 2012, section 299C.65, subdivision 1, is amended to read:
Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice
Information Policy Group consists of the commissioner of corrections, the
commissioner of public safety, the state chief information officer, the
commissioner of management and budget, four members of the judicial branch
appointed by the chief justice of the Supreme Court, and the chair and first
vice-chair of the Criminal and Juvenile Justice Information Task Force. The policy group may appoint additional,
nonvoting members as necessary from time to time.
(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner
and the policy group have overall responsibility for the integration of
statewide criminal justice information systems.
This integration effort shall be known as CriMNet. The policy group may hire an executive
director to manage the CriMNet projects and to be responsible for the
day-to-day operations of CriMNet. The
executive director shall serve at the pleasure of the policy group in
unclassified service. The policy group
must ensure that generally accepted project management techniques are utilized
for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management;
(8) proven methodology; and
(9) education and training.
(c) Products and services for
CriMNet project management, system design, implementation, and application
hosting must be acquired using an appropriate procurement process, which
includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of
potential sources;
(3) competitive bid solicitation, evaluation, and selection;
and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to
the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a community data model
for state, county, and local criminal justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection, maintenance,
dissemination, and sharing of criminal justice information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and felony-level
juvenile offenders that is part of the integrated criminal justice information
system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests, prosecutions, and
convictions that is part of the integrated criminal justice information system
framework;
(6) comprehensive training programs and requirements for all
individuals in criminal justice agencies to ensure the quality and accuracy of information
in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the collection, maintenance,
dissemination, and sharing of criminal justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice information
systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training, changes in
information systems, and changes in processes;
(12) the collection of data on race and ethnicity in
criminal justice information systems;
(13) the development of a tracking system for domestic abuse
orders for protection;
(14) processes for expungement,
correction of inaccurate records, destruction of records, and other matters
relating to the privacy interests of individuals; and
(15) the development of a database for extended jurisdiction
juvenile records and whether the records should be public or private and how
long they should be retained.
Sec. 24. Minnesota
Statutes 2012, section 403.36, subdivision 1, is amended to read:
Subdivision 1. Membership.
(a) The commissioner of public safety shall convene and chair the
Statewide Radio Board to develop a project plan for a statewide, shared,
trunked public safety radio communication system. The system may be referred to as "Allied
Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their
designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the commissioner of management and budget;
(7)
the chair of the Metropolitan Council;
(8)
(7) two elected city officials, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing body of the
League of Minnesota Cities;
(9)
(8) two elected county officials, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing body of the
Association of Minnesota Counties;
(10)
(9) two sheriffs, one from the nine-county metropolitan area and one from
Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs'
Association;
(11)
(10) two chiefs of police, one from the nine-county metropolitan area
and one from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Chiefs' of Police Association;
(12)
(11) two fire chiefs, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Fire Chiefs' Association;
(13)
(12) two representatives of emergency medical service providers, one
from the nine-county metropolitan area and one from Greater Minnesota,
appointed by the governor after considering recommendations made by the
Minnesota Ambulance Association;
(14)
(13) the chair of the regional radio board for the metropolitan area;
and
(15)
(c) The Statewide Radio Board shall coordinate the
appointment of board members representing Greater Minnesota with the appointing
authorities and may designate the geographic region or regions from which an
appointed board member is selected where necessary to provide representation
from throughout the state.
Sec. 25. Minnesota
Statutes 2012, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b. Counties.
(a) For aids payable in 2013 and thereafter, the total aid payable
under section 477A.0124, subdivision 3, is $80,795,000. Each calendar year, $500,000 shall be
retained by the commissioner of revenue to make reimbursements to the
commissioner of management and budget for payments made under section 611.27. For calendar year 2004, the amount shall
be in addition to the payments authorized under section 477A.0124, subdivision
1. For calendar year 2005 and subsequent
years, The amount shall be deducted from the appropriation under this
paragraph. The reimbursements shall be
to defray the additional costs associated with court-ordered counsel under
section 611.27. Any retained amounts not
used for reimbursement in a year shall be included in the next distribution of
county need aid that is certified to the county auditors for the purpose of
property tax reduction for the next taxes payable year.
(b) For aids payable in 2013 and thereafter, the total aid
under section 477A.0124, subdivision 4, is $84,909,575. The commissioner of management and budget
shall bill the commissioner of revenue shall transfer to the
commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, not to
exceed $207,000 in fiscal year 2004 and thereafter and other local
government activities. The commissioner
of education shall bill the commissioner of revenue for the cost of
preparation of local impact notes for school districts as required by section
3.987, not to exceed shall transfer to the commissioner of education
$7,000 in fiscal year 2004 and thereafter annually for the cost of
preparation of local impact notes for school districts as required by section
3.987. The commissioner of revenue
shall deduct the amounts billed transferred under this paragraph from
the appropriation under this paragraph. The
amounts deducted transferred are appropriated to the commissioner
of management and budget and the commissioner of education for the
preparation of local impact notes respectively.
Sec. 26. REVISOR'S INSTRUCTION.
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
(1) substitute the term "Office of MN.IT Services"
for "Office of Enterprise Technology" in each place where the latter
term appears; and
(2) substitute the term "MN.IT services revolving
fund" for "enterprise technology revolving fund" in each place
where the latter term appears.
Sec. 27. REPEALER.
(a) Minnesota Statutes 2012, sections 3.989, subdivision 2;
15.06, subdivision 1a; 16A.06, subdivision 9; 16A.103, subdivision 4; 16A.106;
43A.31, subdivision 2; 127A.095, subdivision 3; and 325G.415, are repealed.
(b) Laws 2000, chapter 479, article 2,
section 1, as amended by Laws 2000, chapter 499, section 41, and Laws 2001, First Special Session chapter
5, article 20, section 20, is repealed."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete everything after the semicolon
Page 1, line 3, delete everything before the semicolon and
insert "changing certain finance and budget provisions; adding the Office
of MN.IT Services to certain provisions and changing certain MN.IT provisions"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 1390, A bill for an act relating to
state government; updating provisions in the Geospatial Information Office;
amending Minnesota Statutes 2012, section 16E.30, subdivisions 7, 8, by adding
subdivisions; repealing Minnesota Statutes 2012, section 16E.30, subdivisions
4, 5.
Reported the same back with the following amendments:
Page 3, delete section 4 and insert:
"Sec. 4. Minnesota
Statutes 2012, section 16E.30, is amended by adding a subdivision to read:
Subd. 11. Government sharing of electronic geospatial data. (a) The definitions in section 13.02
apply to this subdivision.
(b) Electronic geospatial government
data must be shared at no cost with government entities, the notification
center established under section 216D.03, and federal and tribal government
agencies. Data received under this
subdivision may be reproduced or shared with other government entities or
agencies. A release of data under this
subdivision must include metadata or other documentation that identifies the
original authoritative data source.
Government entities providing data under this subdivision are not
required to provide data in an alternate format specified by the
requestor. A government entity is not
required to provide the same data to the same requestor more than four times
per year, unless required by law or court order. Government entities and agencies sharing and
receiving electronic geospatial data under this subdivision are immune from
civil liability arising out of the use of the shared electronic geospatial
data. This subdivision does not
authorize the release of data that are not public data."
With the recommendation that when so amended the bill pass.
The
report was adopted.
Liebling from the Committee on Health
and Human Services Policy to which was referred:
H. F. No. 1419, A bill for an act relating to
human services; modifying critical access dental provider requirements;
amending Minnesota Statutes 2012, section 256B.76, subdivision 4.
Reported the same back with the following amendments:
Page 2, line 17, delete ",
and is located outside the seven-county metropolitan area"
With the recommendation that when so amended the bill pass
and 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. 1549, A bill for an act relating to
public safety; allowing participants in original ignition interlock device
program to drive employer-owned vehicles not equipped with ignition interlock
devices in certain instances.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota
Statutes 2012, section 169A.37, subdivision 1, is amended to read:
Subdivision 1. Crime described. It is a crime for a person:
(1) to fail to comply with an impoundment order under
section 169A.60 (administrative plate impoundment);
(2) to file a false statement under section 169A.60,
subdivision 7, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street or
highway when the vehicle is subject to an impoundment order issued under
section 169A.60, unless specially coded plates have been issued for the vehicle
pursuant to section 169A.60, subdivision 13;
(4) to fail to notify the commissioner of the impoundment
order when requesting new plates;
(5) who is subject to a plate
impoundment order under section 169A.60, to drive, operate, or be in control of
any motor vehicle during the impoundment period, unless the vehicle is
employer-owned and is not required to be equipped with an ignition interlock
device pursuant to section 12 or 171.306, subdivision 4, paragraph (b), or
has specially coded plates issued pursuant to section 169A.60, subdivision 13,
and the person is validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has
signed a sworn statement under section 169A.60, subdivision 14, to allow the
previously registered owner to drive, operate, or be in control of the vehicle
during the impoundment period.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2012, section 169A.51, subdivision 2, is amended to read:
Subd. 2. Implied consent advisory. (a) Subject to paragraph (b), at
the time a test is requested, the person must be informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of
alcohol, controlled substances, or hazardous substances;
(ii) to determine the presence
of a controlled substance listed in Schedule I or II or metabolite, other than
marijuana or tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle,
to determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe the
person has violated the criminal vehicular homicide and injury laws, that a
test will be taken with or without the person's consent; and
(4) that the person has the right to consult with an
attorney, but that this right is limited to the extent that it cannot
unreasonably delay administration of the test.
(b) A peace officer who is not pursuing an implied consent
revocation is not required to give the advisory described in paragraph (a) to a
person whom the officer has probable cause to believe has violated section
609.21, subdivision 1, clause (2), (3), (4), (5), or (6) (criminal vehicular
operation DWI-related provisions).
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 3. Minnesota
Statutes 2012, section 169A.55, is amended by adding a subdivision to read:
Subd. 5. Reinstatement of driving privileges; criminal vehicular operation. A person whose driver's license has
been revoked under section 171.17, subdivision 1, paragraph (a), clause (1)
(revocation, criminal vehicular operation), or suspended under section 171.187
(suspension, criminal vehicular operation), for a violation of section 609.21,
subdivision 1, clause (2), (3), (4), (5), or (6) (criminal vehicular operation
DWI-related provisions), shall not be eligible for reinstatement of driving
privileges until the person has submitted to the commissioner verification of
the use of ignition interlock for the applicable time period specified in those
sections. The commissioner shall
establish performance standards and a process for certifying chemical
monitoring devices. The standards and
procedures are not rules and are exempt from chapter 14, including section
14.386.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 4. Minnesota
Statutes 2012, section 171.17, is amended by adding a subdivision to read:
Subd. 4. Criminal vehicular operation; revocation periods. (a) As used in this subdivision,
"qualified prior impaired driving incident" has the meaning given in
section 169A.03, subdivision 22.
(b) Upon receiving a record of a conviction for a violation
of section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), the
commissioner shall revoke the driver's license or driving privileges of a
person as follows:
(1) not less than ten years if the violation resulted in
great bodily harm or death to another and the person has two or more qualified
prior impaired driving incidents within the past ten years or three or more
qualified prior impaired driving incidents, and with denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner;
(2) not less than eight years if the violation resulted in
great bodily harm or death to another and the person has a qualified prior
impaired driving incident within the past ten years;
(3) not less than six years if the violation resulted in
great bodily harm or death to another;
(4) not less than six years if
the violation resulted in bodily harm or substantial bodily harm to another and
the person has two or more qualified prior impaired driving incidents within
the past ten years or three or more qualified prior impaired driving incidents,
and with denial under section 171.04, subdivision 1, clause (10), until
rehabilitation is established according to standards established by the
commissioner;
(5) not less than four years if the violation resulted in
bodily harm or substantial bodily harm to another and the person has a
qualified prior impaired driving incident within the past ten years; or
(6) not less than two years if the violation resulted in
bodily harm or substantial bodily harm to another.
(c) Section 169A.09 applies when determining the number of
qualified prior impaired driving incidents under this subdivision.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 5. [171.187] SUSPENSION; CRIMINAL VEHICULAR
OPERATION AND MANSLAUGHTER.
Subdivision 1. Suspension required. The
commissioner shall suspend the driver's license of a person:
(1) for whom a peace officer has made the certification
described in section 629.344 that probable cause exists to believe that the
person violated section 609.21, subdivision 1, clause (2), (3), (4), (5), or
(6); or
(2) who has been formally charged with a violation of
section 609.20, 609.205, or 609.21, resulting from the operation of a motor
vehicle.
Subd. 2. Suspension period. A
suspension under this section continues until:
(1) the conviction, acquittal, or dismissal of the underlying
crime that resulted in the suspension; or
(2) the commissioner, acting under subdivision 4, orders the
termination of the suspension.
Subd. 3. Credit. If a person whose driver's license was
suspended under subdivision 1 is later convicted of the underlying offense that
resulted in the suspension and the commissioner revokes the person's license,
the commissioner shall credit the time accrued under the suspension period
toward the revocation period imposed under section 171.17, subdivision 4, or
for violations of section 609.20, 609.205, or 609.21, subdivision 1, clause
(1), (7), or (8).
Subd. 4. Administrative review of license suspension. (a) At any time during which a
person's driver's license is suspended under this section, the person may
request in writing a review of the suspension by the commissioner. Upon receiving a request, the commissioner or
the commissioner's designee shall review the order of suspension, the evidence
upon which the order was based, and any other material information brought to
the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order. Within 15
days of receiving the request, the commissioner shall report in writing the
results of the review. The review
provided in this subdivision is not subject to the contested case provisions in
chapter 14.
(b) In addition to any other reason provided for in this
subdivision, a person may request a review of the suspension by the
commissioner if the suspension has been in place for at least three months and
the person has not been indicted or formally charged with the underlying crime
that resulted in the license suspension.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2012, section 171.30,
subdivision 1, is amended to read:
Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a
person's license has been:
(1) suspended under section 171.18, 171.173, or
171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);
(B) subdivision 3, paragraph (a), clause (4), (5), or (6),
if in compliance with section 171.306;
(C) subdivision 4, paragraph (a), clause (1) or (2), if the
test results indicate an alcohol concentration of less than twice the legal
limit;
(D) subdivision 4, paragraph (a), clause (4), (5), or (6),
if in compliance with section 171.306;
(iv) 171.17; or
(v) 171.172; or
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate
an alcohol concentration of less than twice the legal limit;
(ii) subdivision 1, clause (2);
(iii) subdivision 1, clause (5), (6), or (7), if in
compliance with section 171.306; or
(iv) subdivision 2, if the person does not have a qualified
prior impaired driving incident as defined in section 169A.03, subdivision 22,
on the person's record, and the test results indicate an alcohol concentration
of less than twice the legal limit.
(b) The following conditions for a limited license under
paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use of the driver's
license;
(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the education, medical, or
nutritional needs of the family of the homemaker; or
(3) if attendance at a postsecondary institution of
education by an enrolled student of that institution depends upon the use of
the driver's license.
(c) The commissioner in issuing
a limited license may impose such conditions and limitations as in the
commissioner's judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's qualifications. The license may be limited to the operation
of particular vehicles, to particular classes and times of operation, and to
particular conditions of traffic. The
commissioner may require that an applicant for a limited license affirmatively
demonstrate that use of public transportation or carpooling as an alternative
to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily
performing the domestic tasks in a household of residents consisting of at
least the person and the person's dependent child or other dependents; and
(2) "twice the legal limit" means an alcohol
concentration of two times the limit specified in section 169A.20, subdivision
1, clause (5).
(e) The limited license issued by the commissioner shall clearly
indicate the limitations imposed and the driver operating under the limited
license shall have the license in possession at all times when operating as a
driver.
(f) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of prior convictions
and the entire driving record of the driver and shall consider the number of
miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner may only issue
a limited license to the person after the person has presented an insurance
identification card, policy, or written statement indicating that the driver or
owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be
certified by the insurance company to be noncancelable for a period not to
exceed 12 months.
(h) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days after the date
it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's
license to any person described in section 171.04, subdivision 1, clause (6),
(7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or
class C limited license.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 7. Minnesota
Statutes 2012, section 171.30, subdivision 2a, is amended to read:
Subd. 2a. Other
waiting periods. Notwithstanding
subdivision 2, a limited license shall not be issued for a period of:
(1) 15 days, to a person whose license or privilege has been
revoked or suspended for a first violation of section 169A.20, sections 169A.50
to 169A.53, or a statute or ordinance from another state in conformity with
either of those sections; or
(2) one year, to a person whose
license or privilege has been revoked or suspended for committing manslaughter
resulting from the operation of a motor vehicle, committing criminal vehicular
homicide or injury under section 609.21, subdivision 1, clause (1), (7), or
(8), or violating a statute or ordinance from another state in conformity
with either of those offenses.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 8. Minnesota
Statutes 2012, section 171.30, is amended by adding a subdivision to read:
Subd. 5. Exception; criminal vehicular operation. Notwithstanding subdivision 1, the
commissioner may not issue a limited license to a person whose driver's license
has been suspended or revoked due to a violation of section 609.21, subdivision
1, clause (2), (3), (4), (5), or (6).
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 9. Minnesota
Statutes 2012, section 171.306, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the terms in
this subdivision have the meanings given them.
(b) "Ignition interlock device" or
"device" means equipment that is designed to measure breath alcohol
concentration and to prevent a motor vehicle's ignition from being started by a
person whose breath alcohol concentration measures 0.02 or higher on the equipment.
(c) "Program participant" means a person who
has qualified to take part in the ignition interlock program under this
section, and whose driver's license has been:
(1)
revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision
1, clause (10), and who has qualified to take part in the ignition interlock
program under this section; or
(2) revoked under section 171.17, subdivision 1, paragraph
(a), clause (1), or suspended under section 171.187, for a violation of section
609.21, subdivision 1, clause (2), (3), (4), (5), or (6).
(d) "Qualified prior impaired driving incident"
has the meaning given in section 169A.03, subdivision 22.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 10. Minnesota
Statutes 2012, section 171.306, subdivision 4, is amended to read:
Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of
this section, to a program participant who meets the requirements of this
section and the program guidelines. The
commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:
(1) a certified ignition interlock device has been installed
on the participant's motor vehicle at an installation service center designated
by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle
equipped with the ignition interlock device.
The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance
coverage, and may require the insurance identification card provided be
certified by the insurance company to be noncancelable for a period not to
exceed 12 months.
(b) A license issued under
authority of this section must contain a restriction prohibiting the program
participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may
drive an employer-owned vehicle not equipped with an interlock device while in
the normal course and scope of employment duties pursuant to the program
guidelines established by the commissioner and with the employer's written
consent.
(c) A program participant whose driver's license has been: (1) revoked under section 169A.52,
subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4,
paragraph (a), clause (1), (2), or (3), or section 169A.54, subdivision 1,
clause (1), (2), (3), or (4),; or (2) revoked under section 171.17,
subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.21, subdivision
1, clause (2), (3), (4), (5), or (6); may apply for conditional
reinstatement of the driver's license, subject to the ignition interlock
restriction.
(d) A program participant whose driver's license has been
revoked, canceled, or denied under section 169A.52, subdivision 3, paragraph
(a), clause (4), (5), or (6), or subdivision 4, paragraph (a), clause (4), (5),
or (6), or section 169A.54, subdivision 1, clause (5), (6), or (7), may apply
for a limited license, subject to the ignition interlock restriction, if the
program participant is enrolled in a licensed chemical dependency treatment or
rehabilitation program as recommended in a chemical use assessment, and if the
participant meets the other applicable requirements of section 171.30. After completing a licensed chemical
dependency treatment or rehabilitation program and one year of limited license
use without violating the ignition interlock restriction, the conditions of
limited license use, or program guidelines, the participant may apply for
conditional reinstatement of the driver's license, subject to the ignition
interlock restriction. If the program
participant's ignition interlock device subsequently registers a positive
breath alcohol concentration of 0.02 or higher, the commissioner shall cancel
the driver's license, and the program participant may apply for another limited
license according to this paragraph.
(e) Notwithstanding any statute or rule to the contrary, the
commissioner has authority to determine when a program participant is eligible
for restoration of full driving privileges, except that the commissioner shall
not reinstate full driving privileges until the program participant has met all
applicable prerequisites for reinstatement under section 169A.55 and until the
program participant's device has registered no positive breath alcohol
concentrations of 0.02 or higher during the preceding 90 days.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 11. [629.344]
CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER; CERTIFICATION
OF PROBABLE CAUSE BY PEACE OFFICER.
If a peace officer determines that probable cause exists to
believe that a person has violated section 609.21, subdivision 1, clause (2),
(3), (4), (5), or (6), the officer shall certify this determination and notify
the commissioner of public safety.
EFFECTIVE DATE. This section is effective August 1,
2013, and applies to crimes committed on or after that date.
Sec. 12. ORIGINAL IGNITION INTERLOCK DEVICE
PROGRAM; USE OF EMPLOYER-OWNED VEHICLES.
A person participating in the ignition interlock device
program under Minnesota Statutes 2009, section 171.305, may drive an
employer-owned vehicle not equipped with an interlock device while in the
normal course and scope of employment duties pursuant to the program guidelines
established by the commissioner referenced in Minnesota Statutes, section
171.306, subdivision 4, paragraph (b), and with the employer's written consent.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. REPEALER.
Minnesota Rules, parts 7503.0300, subpart 1; and 7503.0800,
subpart 2, are repealed."
Delete the title and insert:
"A bill for an act relating to public safety; modifying
driver's license suspension and revocation provisions for certain persons who
commit criminal vehicular operation offenses; expanding the ignition interlock
device program to include these offenders; allowing participants in original
ignition interlock device program to drive employer-owned vehicles not equipped
with ignition interlock devices in certain instances; amending Minnesota
Statutes 2012, sections 169A.37, subdivision 1; 169A.51, subdivision 2;
169A.55, by adding a subdivision; 171.17, by adding a subdivision; 171.30,
subdivisions 1, 2a, by adding a subdivision; 171.306, subdivisions 1, 4;
proposing coding for new law in Minnesota
Statutes, chapters 171; 629; repealing Minnesota Rules, parts 7503.0300,
subpart 1; 7503.0800, subpart 2."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Judiciary Finance and Policy.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 1556, A bill for an act relating to
civil commitment; limiting the time period that a person may be held in jail or
state correctional facility pending or after civil commitment; amending
Minnesota Statutes 2012, section 253B.045, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 2012,
section 253B.045, subdivision 1a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [253B.046] LIMITED TIME PERIOD.
(a) Notwithstanding any law to the contrary, a person being
held under a judicial hold in jail pending a court order for civil commitment
must be transferred to a treatment facility or community-based treatment
program with an appropriate level of security within 48 hours of the first date
of confinement under the hold. This
paragraph does not apply to a person who has elected to be confined in a
Department of Corrections or county correction or detention facility under
section 253B.045.
(b) Notwithstanding any law to the contrary, a person
confined in a correctional facility or jail who is civilly committed to a
treatment facility with an appropriate level of security by court order must be
placed in that facility within 48 hours of the date of commitment.
EFFECTIVE DATE. This section is effective August 1, 2013, and applies to
civil commitment proceedings beginning on or after that date.
Sec. 2. PERSONS
PRESENTLY CONFINED.
A person confined in a correctional facility or jail for
more than 48 hours pending transfer to a treatment facility with an appropriate
level of security on July 31, 2013, must be transferred to the secure treatment
facility within 48 hours of that date, unless the person has elected to be
confined in a Department of Corrections or county correction or detention
facility under Minnesota Statutes, section 253B.045.
EFFECTIVE DATE. This section is effective August 1, 2013."
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Hilstrom from the Committee on
Judiciary Finance and Policy to which was referred:
H. F. No. 1557, A bill for an act relating to
civil commitment; requiring simultaneous competency, mental illness or defect,
and civil commitment examinations for defendants; facilitating civil commitment
hearings for defendants; amending Minnesota Statutes 2012, section 253B.07,
subdivision 2a.
Reported the same back with the following amendments:
Page 1, line 14, before the period, insert ", and
the examiner recommends combining the examinations"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Atkins from the Committee on
Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1587, A bill for an act relating to
insurance; regulating foreign language policies and advertising; authorizing
electronic notices and documents; amending Minnesota Statutes 2012, sections
60A.08, by adding a subdivision; 65A.01, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 60A; repealing Minnesota Rules, part
2700.0200.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 131, 183, 252,
283, 458, 459, 525, 543, 662, 829, 841, 946, 947, 975, 1016, 1060, 1095, 1112,
1115, 1196, 1210, 1255, 1320, 1377, 1382, 1389, 1390, 1556, 1557 and 1587 were
read for the second time.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House Files were introduced:
Beard introduced:
H. F. No. 1650, A bill for an act relating to public safety; traffic regulations; removing a surcharge for certain vehicle parking violations; amending Minnesota Statutes 2012, section 357.021, subdivision 6.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
Clark introduced:
H. F. No. 1651, A resolution memorializing the President and Congress to support expanded housing options and greater tax fairness.
The bill was read for the first time and referred to the Committee on Housing Finance and Policy.
Norton introduced:
H. F. No. 1652, A bill for an act relating to capital improvements; appropriating money to establish a veterans facility in the city of Rochester; 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.
Bly, McNamar, Persell and Erickson, R., introduced:
H. F. No. 1653, A bill for an act relating to crime victims; authorizing grants; appropriating money to the commissioner of public safety for crime victims services programs and crime prevention.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Winkler and Carlson introduced:
H. F. No. 1654, A bill for an act relating to higher education; appropriating money to the Board of Regents of the University of Minnesota; proposing coding for new law in Minnesota Statutes, chapter 137.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Sanders introduced:
H. F. No. 1655, A bill for an act relating to taxes; individual income; allowing a payroll tax credit; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Taxes.
Kahn and Davnie introduced:
H. F. No. 1656, A bill for an act relating to capital improvements; appropriating money for renovation and expansion of the Brian Coyle Center; 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.
Brynaert; Johnson, C., and Cornish introduced:
H. F. No. 1657, A bill for an act relating to capital investment; appropriating money for the Rapidan Dam in Blue Earth County; 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.
Dehn, R.; Kahn; Loeffler and Davnie introduced:
H. F. No. 1658, A bill for an act relating to capital investment; appropriating money for the Water Works site in the Central Riverfront Regional Park in Minneapolis; 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.
Fritz introduced:
H. F. No. 1659, A bill for an act relating to taxation; sales and use; exempting most purchases by certain nursing homes and boarding care homes; amending Minnesota Statutes 2012, section 297A.70, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Davids, Metsa, Loon and Isaacson introduced:
H. F. No. 1660, A bill for an act relating to taxes; expanding the sales tax exemption for certain meals and drinks; expanding the sales tax exemption for certain capital equipment purchases; amending Minnesota Statutes 2012, section 297A.68, subdivision 5, by adding subdivisions.
The bill was read for the first time and referred to the Committee on Taxes.
Davids introduced:
H. F. No. 1661, A bill for an act relating to taxation; sales and use; providing for a multiple points of use certificate; amending Minnesota Statutes 2012, section 297A.668, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
MOTIONS AND RESOLUTIONS
Atkins moved that the name of Moran be
added as an author on H. F. No. 5. The motion prevailed.
Mullery moved that the name of Johnson,
S., be added as an author on H. F. No. 15. The motion prevailed.
Newton moved that the name of Johnson, S.,
be added as an author on H. F. No. 31. The motion prevailed.
Mullery moved that the name of Nelson be
added as an author on H. F. No. 45. The motion prevailed.
Dettmer moved that the name of Johnson,
S., be added as an author on H. F. No. 72. The motion prevailed.
Freiberg moved that the name of Johnson,
S., be added as an author on H. F. No. 83. The motion prevailed.
Winkler moved that the name of Johnson,
S., be added as an author on H. F. No. 92. The motion prevailed.
Morgan moved that the name of Johnson, S.,
be added as an author on H. F. No. 173. The motion prevailed.
Allen moved that the name of Johnson, S.,
be added as an author on H. F. No. 174. The motion prevailed.
Mariani moved that the name of Johnson,
S., be added as an author on H. F. No. 247. The motion prevailed.
Allen moved that the name of Johnson, S.,
be added as an author on H. F. No. 252. The motion prevailed.
Clark moved that the names of Metsa and
Dehn, R., be added as authors on H. F. No. 348. The motion prevailed.
Morgan moved that the name of Johnson, S.,
be added as an author on H. F. No. 393. The motion prevailed.
Runbeck moved that her name be stricken as
an author on H. F. No. 456.
The motion prevailed.
Allen moved that the name of Johnson, S.,
be added as an author on H. F. No. 485. The motion prevailed.
Dehn, R., moved that the name of Johnson,
S., be added as an author on H. F. No. 491. The motion prevailed.
Urdahl moved that the name of Johnson, S.,
be added as an author on H. F. No. 516. The motion prevailed.
Atkins moved that the name of McNamara be
added as an author on H. F. No. 644. The motion prevailed.
Persell moved that his name be stricken as
an author on H. F. No. 659.
The motion prevailed.
Hilstrom moved that the names of Selcer
and McNamara be added as authors on H. F. No. 678. The motion prevailed.
Mahoney moved that the name of Johnson,
S., be added as an author on H. F. No. 690. The motion prevailed.
Halverson moved that the name of Johnson,
S., be added as an author on H. F. No. 698. The motion prevailed.
Halverson moved that the name of Lillie be
added as an author on H. F. No. 710. The motion prevailed.
Morgan moved that the name of Kahn be
added as an author on H. F. No. 773. The motion prevailed.
Atkins moved that the name of Moran be
added as an author on H. F. No. 779. The motion prevailed.
Davnie moved that the name of Johnson, S., be added as an
author on H. F. No. 826.
The motion prevailed.
Hansen moved that the name of Carlson be
added as an author on H. F. No. 868. The motion prevailed.
Laine moved that the name of Lillie be
added as an author on H. F. No. 937. The motion prevailed.
Fabian moved that the name of Erickson,
R., be added as an author on H. F. No. 949. The motion prevailed.
Hortman moved that the name of Morgan be
added as an author on H. F. No. 956. The motion prevailed.
Clark moved that the name of Johnson, S.,
be added as an author on H. F. No. 1054. The motion prevailed.
Norton moved that the name of Johnson, S.,
be added as an author on H. F. No. 1064. The motion prevailed.
Allen moved that the name of Simonson be
added as an author on H. F. No. 1081. The motion prevailed.
Allen moved that the name of Simonson be
added as an author on H. F. No. 1082. The motion prevailed.
Moran moved that the name of Johnson, S.,
be added as an author on H. F. No. 1142. The motion prevailed.
Isaacson moved that the name of Lillie be
added as an author on H. F. No. 1194. The motion prevailed.
Runbeck moved that her name be stricken as
an author on H. F. No. 1323.
The motion prevailed.
Pugh moved that her name be stricken as an
author on H. F. No. 1324.
The motion prevailed.
Green moved that his name be stricken as
an author on H. F. No. 1324.
The motion prevailed.
Atkins moved that the name of Moran be
added as an author on H. F. No. 1331. The motion prevailed.
Abeler moved that the name of Liebling be
added as chief author on H. F. No. 1604. The motion prevailed.
Allen moved that the name of Clark be
added as an author on H. F. No. 1635. The motion prevailed.
Bernardy moved that the names of Uglem,
Selcer and Clark be added as authors on H. F. No. 1645. The motion prevailed.
Loeffler moved that the name of Clark be
added as an author on H. F. No. 1647. The motion prevailed.
Bernardy moved that the name of Clark be
added as an author on H. F. No. 1648. The motion prevailed.
Runbeck moved that
H. F. No. 1050 be recalled from the Committee on State Government
Finance and Veterans Affairs and be re-referred to the Committee on
Transportation Finance. The motion
prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 12:00 noon, Tuesday, April 2, 2013. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 12:00 noon, Tuesday, April 2,
2013.
Albin A. Mathiowetz,
Chief Clerk, House of Representatives