STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
THIRTIETH
DAY
Saint Paul, Minnesota, Wednesday, March 18, 2015
The House of Representatives convened at
12:15 p.m. and was called to order by Tim O'Driscoll, Speaker pro tempore.
Prayer was offered by Jenni Eagleman,
Allina Health, Greater Minneapolis - St. Paul Area.
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:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Anderson, M.; Hilstrom; Moran and O'Neill
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.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 31, A bill for an act relating to public safety; aiding victims of economic crimes; providing public outreach initiatives; authorizing an identity theft passport; amending Minnesota Statutes 2014, section 299A.681, subdivisions 3, 8; proposing coding for new law in Minnesota Statutes, chapter 299A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. VICTIMS
OF IDENTITY THEFT; WORKING GROUP.
Subdivision 1. Working
group established. The
commissioner of public safety shall convene a working group to study the
advocacy and legal needs of victims of identity theft. The working group shall make recommendations
for services, advocacy, and verification tools or programs that can be employed
to assist these victims.
Subd. 2. Membership. The working group shall include:
(1) the commissioner or a designee;
(2) the director of the Office of Justice
Programs or a designee;
(3) the superintendent of the Bureau of
Criminal Apprehension or a designee;
(4) the attorney general or a designee;
(5) the commissioner of revenue or a
designee;
(6) the commissioner of commerce or a
designee;
(7) a representative of the Minnesota
Alliance on Crime;
(8) a representative of the Minnesota
Sheriffs' Association;
(9) a representative of the Minnesota
Chiefs of Police Association; and
(10) a representative of a legal
services organization providing assistance to victims of identity theft.
The commissioner may invite other
organizations that work actively on the issue of services for and advocacy on
behalf of victims of identity theft.
Subd. 3. Administrative
issues. The commissioner
shall convene the first meeting of the working group by September 1, 2015. The Department of Public Safety shall provide
meeting space and administrative support to the working group. The working group shall select a chair from
among its members.
Subd. 4. Report required. By February 15, 2016, the working group shall submit a report to the chairs and ranking members of the senate and house of representatives committees and divisions having jurisdiction over public safety and consumer protection. The report must summarize the working group's activities and include its recommendations. The recommendations must be specific, include estimates of the costs involved in implementing the recommendations, and provide draft legislation, if needed, to implement the recommendations."
Delete the title and insert:
"A bill for an act relating to public safety; establishing a working group to recommend services, advocacy, and verification tools or programs to assist victims of identity theft; requiring a report."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 161, A bill for an act relating to human services; establishing accounts for certain persons with disabilities; amending Minnesota Statutes 2014, section 13.461, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 256Q.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 278, A bill for an act relating to health; creating a grant program for research on Alzheimer's disease and other dementias; creating a grant program for a public awareness campaign concerning Alzheimer's disease and other dementias; establishing the Alzheimer's Research Advisory Council; requiring reports; appropriating money; amending Minnesota Statutes 2014, section 256.975, subdivision 2, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 136A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Nornes from the Committee on Higher Education Policy and Finance to which was referred:
H. F. No. 551, A bill for an act relating to workforce development; requiring the commissioner of labor and industry to identify competency standards for dual training; creating a dual training competency grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 116L; 175.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [116L.31]
DUAL TRAINING COMPETENCY GRANTS.
Subdivision 1. Program
created. The commissioner of
employment and economic development shall make grants for the training of
employees to achieve the competency standard for an occupation identified by
the commissioner of labor and industry under section 175.45 and Laws 2014,
chapter 312, article 3, section 21. "Competency
standard" has the meaning given in section 175.45, subdivision 2.
Subd. 2. Eligible
grantees. An employer or an
organization representing the employer is eligible to apply for a grant to
train employees if the employer has employees who are in, or are to be trained
to be in, an occupation for which a competency standard has been identified and
the employee has not attained the competency standard prior to the commencement
of the planned training. Training need
not address all aspects of a competency standard but may address only the
competencies of a standard that an employee is lacking. Employees who have previously received a
grant under this program are not eligible to receive another grant. Each employee must apply for federal Pell and
state grants as a condition of participating in the program.
Subd. 3. Training
institution. Prior to
applying for a grant, an employer must enter into an agreement with a state
college or university operated by the Board of Trustees of the Minnesota State
Colleges and Universities to provide the employee competency standard training.
Subd. 4. Contract
required. Prior to the start
of a training program, an employer and employee must enter into a contract
detailing the terms of the work relationship during and after the training
program.
Subd. 5. Application. Applications must be made to the
commissioner on a form provided by the commissioner. The commissioner must, to the extent
possible, make the application form short and simple to complete. The commissioner shall establish a schedule
for applications and grants. The
application must include, without limitation:
(1) the projected number of employee
trainees;
(2) the competency standard for which
training will be provided;
(3) any credential the employee will
receive upon completion of training;
(4) the name and address of the training
institution and a signed statement by the institution that it is able to and
agrees to provide the training;
(5) the period of the training; and
(6) the cost of the training charged by
the training institution and certified by the institution.
An application may be made for training of employees of
multiple employers either by the employers or by an organization on their
behalf.
Subd. 6. Grant
criteria. To the extent there
are sufficient applications, the commissioner shall award at least an equal
dollar amount of grants for training for employees whose work site is projected
to be outside the metropolitan area as defined in section 473.121, subdivision
2, as for employees whose work site is projected to be within the metropolitan
area. In determining the award of
grants, the commissioner must consider, among other factors:
(1) the aggregate state and regional
need for employees with the competency to be trained;
(2)
the competency standards developed by the commissioner of labor and industry as
part of the Minnesota PIPELINE Project;
(3) the per employee cost of training;
(4) the additional employment
opportunities for employees as a result of the training;
(5) projected increases in compensation
for employees receiving the training; and
(6) the amount of employer training cost
match, on both a per employee and aggregate basis.
Subd. 7. Employer
match. Employers must pay to
the training institution a percentage of a training institution's charge for
the training after subtracting federal Pell and state grants for which an
employee is eligible. The amount that an
employer must pay to the training institution shall be determined as follows:
(1) an employer with greater than or
equal to $50,000,000 in annual revenue in the previous calendar year must pay
at least 66 percent of the training institution's charge for the training;
(2) an employer with less than
$50,000,000 in annual revenue in the previous calendar year but greater than or
equal to $20,000,000 in annual revenue in the previous calendar year must pay
at least 50 percent of the training institution's charge for the training;
(3) an employer with less than
$20,000,000 in annual revenue in the previous calendar year but greater than or
equal to $10,000,000 in annual revenue in the previous calendar year must pay
at least 33 percent of the training institution's charge for the training; and
(4) an employer with less than
$10,000,000 in annual revenue in the previous calendar year must pay at least
20 percent of the training institution's charge for the training.
Subd. 8. Payment
of grant. The commissioner
shall make grant payments to the training institution in a manner determined by
the commissioner after receiving notice from the institution that the employer
has paid the employer match.
Subd. 9. Grant
amounts. (a) The commissioner
shall determine a maximum amount that may be awarded in a single grant, and a
maximum amount that may be awarded per employee trained under a grant. The commissioner shall set the maximum grant
amount at a level that ensures sufficient funding will be available for
multiple employers. The maximum grant
amount per employee trained may not exceed the cost of tuition up to 60
credits.
(b) A grant for a particular employee
must be reduced by the amounts of any federal Pell grant or state grant the
employee is eligible to receive for the training and the amount of the employer
match.
Subd. 10. Reporting. Commencing in 2017, the commissioner
shall annually by February 1 report on the activity of the grant program for
the preceding fiscal year to the chairs of the legislative committees with
jurisdiction over workforce policy and finance.
At a minimum, the report must include:
(1) research and analysis on the costs
and benefits of the grants for employees and employers;
(2) the number of employees who
commenced training and the number who completed training; and
(3) recommendations, if any, for changes
to the program.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 2. [175.45]
COMPETENCY STANDARDS FOR DUAL TRAINING.
Subdivision 1. Duties;
goal. The commissioner of
labor and industry shall identify competency standards for dual training. The goal of dual training is to provide
current employees of an employer with training to acquire competencies that the
employer requires. The standards shall
be identified for employment in occupations in advanced manufacturing, health
care services, information technology, and agriculture. Competency standards are not rules and are
exempt from the rulemaking provisions of chapter 14, and the provisions in
section 14.386 concerning exempt rules do not apply.
Subd. 2. Definition;
competency standard. For
purposes of this section, "competency standards" means the specific
knowledge and skills necessary for a particular occupation.
Subd. 3. Competency
standard identification process. In
identifying competency standards, the commissioner shall consult with the
commissioner of employment and economic development and convene recognized
industry experts, representative employers, higher education institutions, and
representatives of labor to assist in identifying credible competency standards. Competency standards must be based on
recognized international and national standards, to the extent that such
standards are available and practical.
Subd. 4. Duties. The commissioner shall:
(1) establish competency standards for
entry level and higher skill levels;
(2) verify the competency standards and
skill levels and their transferability by subject matter with expert representatives
of each respective industry;
(3) create and execute a plan for dual
training outreach, development, and awareness;
(4) develop models for Minnesota
educational institutions to engage in providing education and training to meet
the competency standards established;
(5)
encourage participation by employers in the standard identification process for
occupations in their industry; and
(6) align dual training competency
standards with other workforce initiatives.
Subd. 5. Notification. The commissioner must communicate
identified competency standards to the commissioner of employment and economic
development for the purpose of the dual training competency grant program under
section 116L.31. The commissioner of
labor and industry shall maintain the competency standards on the department's
Web site.
Sec. 3. DUAL
TRAINING COMPETENCY GRANTS; APPROPRIATION.
$....... in fiscal year 2016 and
$....... in fiscal year 2017 are appropriated from the general fund to the
commissioner of employment and economic development for the purpose of making
training grants under Minnesota Statutes, section 116L.31.
Sec. 4. APPROPRIATION.
$....... in fiscal year 2016 is appropriated from the general fund to the commissioner of labor and industry for identification of competency standards for dual training under Minnesota Statutes, section 175.45."
With the recommendation that when so amended the bill be re-referred to the Committee on Greater Minnesota Economic and Workforce Development Policy.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 582, A bill for an act relating to real property; modifying nuisance liability of agricultural operations; amending Minnesota Statutes 2014, section 561.19, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 116.0713, is amended to read:
116.0713
LIVESTOCK ODOR.
(a) The Pollution Control Agency must:
(1) monitor and identify potential livestock production facility violations of the state ambient air quality standards for hydrogen sulfide, using a protocol for responding to citizen complaints regarding feedlot odor and its hydrogen sulfide component, including the appropriate use of portable monitoring equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in violation of ambient hydrogen sulfide standards, take appropriate actions necessary to ensure compliance, utilizing appropriate technical assistance and enforcement and penalty authorities provided to the agency by statute and rule.
(b) Livestock production facilities are exempt from state ambient air quality standards while manure is being removed and for seven days after manure is removed from barns or manure storage facilities.
(c) For a livestock production facility having greater than 300 animal units, the maximum cumulative exemption in a calendar year under paragraph (b) is 21 days for the removal process.
(d) The operator of a livestock production facility that claims exemption from state ambient air quality standards under paragraph (b) must provide notice of that claim to either the Pollution Control Agency or the county feedlot officer delegated under section 116.07.
(e) State ambient air quality standards are applicable at the property boundary of a farm or a parcel of agricultural land on which a livestock production facility is located, except that if the owner or operator of the farm or parcel obtains an air quality easement from the owner of land adjoining the farm or parcel, the air quality standards must be applicable at the property boundary of the adjoining land to which the easement pertains. The air quality easement must be for no more than five years, must be in writing, and must be available upon request by the
agency or the county feedlot officer. Notwithstanding the provisions of this paragraph, state ambient air quality standards are applicable at locations to which the general public has access. The "general public" does not include employees or other categories of people who have been directly authorized by the property owner to enter or remain on the property for a limited period of time and for a specific purpose, or trespassers.
(f) The agency may not require air emission modeling for a type of livestock system that has not had a hydrogen sulfide emission violation.
(g) Pursuant to section 561.19,
subdivision 2a, a livestock production facility is not and shall not be, as a
matter of law, subject to a private or public nuisance claim related to
livestock odor, unless:
(1) before such claim is filed, the
livestock production facility is in violation of the state ambient air quality
standards for hydrogen sulfide under paragraph (a), clause (1);
(2) the violation of the state ambient
air quality standards for hydrogen sulfide under paragraph (a), clause (1), did
not occur when the livestock production facility was exempt from the state
ambient air quality standards under paragraphs (b) to (d); and
(3) at the time such claim is filed,
the livestock production facility has not taken the actions directed by the
Pollution Control Agency as necessary to ensure compliance with the state
ambient air quality standards for hydrogen sulfide under paragraph (a), clause
(2).
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to claims filed on or after that date.
Sec. 2. Minnesota Statutes 2014, section 561.19, is amended by adding a subdivision to read:
Subd. 2a. Adverse
impact required; compliance with state standards. (a) An agricultural operation is not
and shall not be, as a matter of law, subject to a private or public nuisance
claim if that agricultural operation has no measurable adverse impact related
to the alleged nuisance on the allegedly impacted property.
(b) An agricultural operation is not
and shall not be, as a matter of law, subject to a private or public nuisance
claim related to noise if that agricultural operation is operating in
compliance with the state noise standards.
(c) An agricultural operation is not
and shall not be, as a matter of law, subject to a private or public nuisance
claim related to a pollutant or air contaminant in the state ambient air
quality standards if the agricultural operation is in compliance with the state
ambient air quality standards for that pollutant or air contaminant.
(d) Consistent with section 116.0713,
paragraph (g), an agricultural operation is not and shall not be, as a matter
of law, subject to a private or public nuisance claim related to livestock odor
if:
(1) the Pollution Control Agency finds
that the agricultural operation is in compliance with the state ambient air
quality standards for hydrogen sulfide under section 116.0713, paragraph (a),
clause (1); or
(2) the Pollution Control Agency finds
that the agricultural operation is in violation of the state ambient air
quality standards for hydrogen sulfide under section 116.0713, paragraph (a),
clause (1); but
(i) the violation occurred when the
agricultural operation was exempt from the state ambient air quality standards
under section 116.0713, paragraphs (b) to (d); or
(ii)
the agricultural operation takes appropriate actions necessary to ensure compliance
with the ambient air quality standards for hydrogen sulfide as directed by the
Pollution Control Agency under section 116.0713, paragraph (a), clause (2).
EFFECTIVE DATE. This section is effective August 1, 2015, and applies to claims filed on or after that date."
Delete the title and insert:
"A bill for an act relating to environment; providing for livestock production facility nuisance claims relating to odor; amending Minnesota Statutes 2014, sections 116.0713; 561.19, by adding a subdivision."
With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 722, A bill for an act relating to public safety; clarifying and delimiting the authority of public officials to disarm individuals at any time; proposing coding for new law in Minnesota Statutes, chapter 624.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 742, A bill for an act relating to sexual violence; requiring changes to campus policies on sexual harassment and sexual violence; encouraging good faith reporting of sexual harassment and sexual violence; requiring coordination between postsecondary institutions and law enforcement; requiring postsecondary institutions to create an online reporting system; restricting access to data; providing data classifications; requiring training of campus security officers and administrators; requiring institutions provide student health services for victims of sexual assault; amending Minnesota Statutes 2014, sections 13.322, by adding a subdivision; 135A.15, subdivisions 1, 2, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 13.322, is amended by adding a subdivision to read:
Subd. 6. Campus
sexual assault data. Data
relating to allegations of sexual assault at a postsecondary institution are
classified in section 135A.15.
Sec. 2. Minnesota Statutes 2014, section 135A.15, subdivision 1, is amended to read:
Subdivision 1. Policy
required. The Board of Trustees of
the Minnesota State Colleges and Universities shall, and the University of
Minnesota is requested to, adopt a clear, understandable written policy on
sexual harassment and sexual violence that informs victims of their rights
under the crime victims bill of rights, including the right to assistance from
the Crime Victims Reparations Board and the commissioner of public safety. The policy must apply to students and
employees and must provide information about their rights and duties. The policy must apply to criminal incidents against
a student or employee of a postsecondary institution occurring on property
owned or leased by the postsecondary system or institution in which
the victim is a student or employee of that system or institution or at
any activity, program, organization, or event sponsored by the system or
institution, including fraternities and sororities. It must include procedures for reporting
incidents of sexual harassment or sexual violence and for disciplinary actions
against violators. During student registration,
each technical college, community college, or state university shall, and the
University of Minnesota is requested to, provide each student with information
regarding its policy. A copy of the
policy also shall be posted at appropriate locations on campus at all times. Each private postsecondary institution
that is an eligible institution as defined in section 136A.155, must adopt a
policy that meets the requirements of this section.
Sec. 3. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 1a. Applicability
to private institutions. Each
private postsecondary institution that is an eligible institution as defined in
section 136A.103 must comply with all of the requirements imposed in this
section.
Sec. 4. Minnesota Statutes 2014, section 135A.15, subdivision 2, is amended to read:
Subd. 2. Victims' rights. (a) The policy required under subdivision 1 shall, at a minimum, require that students and employees be informed of the policy, and shall include provisions for:
(1) filing criminal charges with local law enforcement officials in sexual assault cases;
(2) the prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of a sexual assault incident;
(3) allowing sexual assault victims to
decide whether to refer a case to law enforcement;
(4) requiring campus authorities to
treat sexual assault victims with dignity;
(5) requiring campus authorities to
offer sexual assault victims fair and respectful health care, counseling
services, or referrals to such services;
(6) preventing campus authorities from
suggesting a victim of sexual assault is at fault for the crimes or violations
that occurred;
(7) preventing campus authorities from
suggesting that a victim of sexual assault should have acted in a different
manner to avoid such a crime;
(8) protecting the privacy of sexual
assault victims by, unless otherwise required by law, only disclosing data
collected under this section to the victim, persons whose work assignments
reasonably require access, and, at a sexual assault victim's request, police
conducting a criminal investigation;
(3) (9) an investigation and
resolution of a sexual assault complaint by campus disciplinary authorities;
(4) (10) a sexual assault victim's participation in and the presence of the victim's attorney or other support person at any meeting with campus officials concerning a sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint;
(11) ensuring that a sexual assault
victim is not required to repeat unnecessarily a description of the incident of
sexual assault;
(12) notice to a sexual assault victim
of the availability of a campus or local program providing sexual assault
advocacy services;
(5) (13) notice to a sexual
assault victim of the outcome of any campus disciplinary proceeding concerning
a sexual assault complaint, consistent with laws relating to data practices;
(6) (14) the complete and
prompt assistance of campus authorities, at the direction of law enforcement
authorities, in obtaining, securing, and maintaining evidence in connection
with a sexual assault incident;
(7) (15) the assistance of
campus authorities in preserving for a sexual assault complainant or victim
materials relevant to a campus disciplinary proceeding; and
(8) (16) during and after the
process of investigating a complaint and conducting a campus disciplinary
procedure, the assistance of campus personnel, in cooperation with the
appropriate law enforcement authorities, at a sexual assault victim's request,
in shielding the victim from unwanted contact with the alleged assailant,
including transfer of the victim to alternative classes or to alternative
college-owned housing, if alternative classes or housing are available and
feasible.;
(17) forbidding retaliation, and
establishing a process for investigating complaints of retaliation, against
sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;
(18) allowing sexual assault victims to
practice their religion and exercise their civil rights without interference by
the investigative, criminal justice, or student conduct process of the
institution;
(19) at the request of the victim,
providing students who reported sexual assaults to the institution and
subsequently choose to transfer to another postsecondary institution with
information about resources for victims of sexual assault at the institution to
which the victim is transferring; and
(20) consistent with laws governing
access to student records, providing a student who reported an incident of
sexual assault with access to the student's description of the incident as it
was reported to the institution, including if that student transfers to another
postsecondary institution.
(b) For the purposes of this section,
"sexual assault" means forcible sex offenses as defined in Code of
Federal Regulations, title 34, part 668, subpart D, appendix A, as amended.
Sec. 5. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 3. Uniform
amnesty. The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, include in the system's sexual
harassment and violence policy a provision that no student who reports, in good
faith, an act of sexual harassment or sexual violence shall be sanctioned by
the institution for admitting to a violation of the institution's student
conduct policy on the use of drugs or alcohol as part of the report.
Sec. 6. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 4. Coordination
with local law enforcement. (a)
The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, direct each campus in the
system to enter into a memorandum of understanding with the primary local law
enforcement agencies that serve the campus.
The memorandum must be entered into no later than January 1, 2017, and
updated every two years thereafter. This
memorandum shall clearly delineate responsibilities and require information
sharing, in accordance with applicable state and federal privacy laws, about
certain crimes including, but not limited to, sexual assault. This memorandum of understanding shall
provide:
(1) delineation and sharing protocols of
investigative responsibilities;
(2) protocols for investigations,
including standards for notification and communication and measures to promote
evidence preservation; and
(3) a method of sharing information
about specific crimes, when directed by the victim, and a method of sharing
crime details anonymously in order to better protect overall campus safety.
(b) Prior to the start of each academic
year, the Board of Trustees of the Minnesota State Colleges and Universities
shall, and the University of Minnesota is requested to, distribute an
electronic copy of the memorandum of understanding to all employees on the
campus that are subject to the memorandum.
(c) A campus is exempt from the
requirement that it develop a memorandum of understanding under this section if
the campus and local or county law enforcement agencies establish a sexual
assault protocol team to facilitate effective cooperation and collaboration
between the institution and law enforcement.
Sec. 7. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 5. Online
reporting system. (a) The
Board of Trustees of the Minnesota State Colleges and Universities shall, and
the University of Minnesota is requested to, provide an online reporting system
to receive complaints of sexual harassment and sexual violence from students
and employees. The system must permit
anonymous reports, provided that the institution is not obligated to
investigate an anonymous report, unless a formal report is submitted through
the process established in the institution's sexual harassment and sexual
violence policy or an investigation is otherwise required by law.
(b) The Board of Trustees of the
Minnesota State Colleges and Universities shall, and the University of Minnesota
is requested to, provide students making reports under this section with
information about who will receive and have access to the reports filed, how
the information gathered through the system will be used, and contact
information for on-campus and off-campus organizations serving victims of
sexual violence.
(c) Data collected under this
subdivision is classified as private data on individuals as defined by section
13.02, subdivision 12.
Sec. 8. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 6. Data
collection and reporting. (a)
The Board of Trustees of the Minnesota State Colleges and Universities and the
University of Minnesota shall annually report statistics on sexual assault. This report must be prepared in addition to
any federally required reporting on campus security, including reports required
by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act, United States Code, title 20, section 1092(f). The report must include, but not be limited
to, the number of incidents of sexual assault reported to the institution in
the previous fiscal year, as follows:
(1) the number that were investigated by
the institution;
(2)
the number that were referred for a disciplinary proceeding at the institution;
(3) the number the victim chose to
report to local or state law enforcement;
(4) the number for which a campus
disciplinary proceeding is pending, but has not reached a final resolution;
(5) the number in which the alleged
perpetrator was found responsible by the disciplinary proceeding at the
institution;
(6) the number that resulted in any
action by the institution greater than a warning issued to the accused;
(7) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution;
(8) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution
because the accused withdrew from the institution;
(9) the number that resulted in a
disciplinary proceeding at the institution that closed without resolution
because the victim chose not to participate in the procedure; and
(10) the number of reports made through
the online reporting system established in subdivision 5, excluding reports
submitted anonymously.
(b) If an institution previously
submitted a report indicating that one or more disciplinary proceedings was
pending, but had not reached a final resolution, and one or more of those
disciplinary proceedings reached a final resolution within the previous fiscal
year, that institution must submit an updated report for the previous year that
reflects the outcome of the pending case or cases.
(c) The reports required by this
subdivision must be submitted to the Office of Higher Education by October 1 of
each year. Each report must contain the
data required under paragraphs (a) and (b) from the previous fiscal year. An institution's report under this
subdivision is classified as private data on individuals as defined by section
13.02, subdivision 12.
(d) The commissioner of the Office of
Higher Education shall calculate statewide numbers for each data item reported
by an institution under this subdivision.
The statewide numbers should include data from postsecondary
institutions that the commissioner could not publish due to federal laws
governing access to student records.
(e) The Office of Higher Education
shall publish on its Web site:
(1) the statewide data calculated under
paragraph (d); and
(2) consistent with federal laws
governing access to student records and in consultation with the applicable
institution, the data items required under paragraphs (a) and (b) for each
postsecondary institution in the state.
This data shall be published as summary data as defined by
section 13.02, subdivision 19, and shall not identify alleged victims or
perpetrators of crimes. Consistent with
federal laws governing access to student records, each state college or
university shall, and the University of Minnesota is requested to, publish on
the institution's Web site the data items required under paragraphs (a) and (b)
for that institution.
(f) If an institution or the Office of
Higher Education is unable to publish data under this subdivision due to state
or federal laws governing access to student records, it must explain in its
report why the institution did not publish such data.
Sec. 9. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 7. Access
to data; audit trail. (a)
Data on incidents of sexual assault shared with campus security officers or
campus administrators responsible for investigating or adjudicating complaints
of sexual assault are classified as private data on individuals as defined by
section 13.02, subdivision 12, for the purposes of postsecondary institutions
subject to the requirements of chapter 13.
Postsecondary institutions not otherwise subject to chapter 13 must
limit access to the data to only the data subject and persons whose work
assignments reasonably require access.
(b) Only individuals with explicit
authorization from an institution may enter, update, or access electronic data
collected, created, or maintained under this section. The ability of authorized individuals to
enter, update, or access data must be limited through the use of role-based
access that corresponds to the official duties or training level of the
individual and the institutional authorization that grants access for that
purpose. All actions in which data are
entered, updated, accessed, shared, or disseminated outside of the institution
must be recorded in a data audit trail. An
institution shall immediately and permanently revoke the authorization of any
individual determined to have willfully entered, updated, accessed, shared, or
disseminated data in violation of this subdivision or any provision of chapter
13. If an individual is determined to
have willfully gained access to data without explicit authorization, the matter
shall be forwarded to a county attorney for prosecution.
Sec. 10. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 8. Comprehensive
training. (a) The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, provide campus security officers and
campus administrators responsible for investigating or adjudicating complaints
of sexual assault with comprehensive training on preventing and responding to
sexual assault in collaboration with the Bureau of Criminal Apprehension or
another law enforcement agency with expertise in criminal sexual conduct. The training for campus security officers
shall include a presentation on the dynamics of sexual assault, neurobiological
responses to trauma, and best practices for preventing, responding to, and
investigating sexual assault. The
training for campus administrators responsible for investigating or
adjudicating complaints on sexual assault shall include presentations on
preventing sexual assault, responding to incidents of sexual assault, the
dynamics of sexual assault, neurobiological responses to trauma, and compliance
with state and federal laws on sexual assault.
(b) The Board of Trustees of the
Minnesota State Colleges and Universities shall, and the University of
Minnesota is requested to, require that the following categories of students
complete a training on sexual assault:
(1) students pursuing a degree or
certificate;
(2) students who are taking courses
through the Postsecondary Enrollment Options Act; and
(3) any other categories of students
determined by the institution.
Students must complete such training no
later than ten business days after the start of a student's first semester of
classes. Once a student completes such a
training, institutions must document the student's completion of the training
and provide proof of training completion to a student at the student's request. Students enrolled at more than one
institution within the same system at the same time are only required to
complete the training once. This
training shall include information about topics including, but not limited to,
sexual assault as defined in subdivision 2; consent as defined in section
609.341, subdivision 4; preventing and reducing the prevalence of sexual
assault; procedures for reporting campus sexual assault; and campus resources
on sexual assault, including organizations that support victims of sexual
assault.
(c)
The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, annually train individuals
responsible for responding to reports of sexual assault. This training shall include information about
best practices for interacting with victims of sexual assault, including how to
reduce the emotional distress resulting from the reporting, investigatory, and
disciplinary process.
Sec. 11. Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision to read:
Subd. 9. Student
health services. (a) The
Board of Trustees of the Minnesota State Colleges and Universities shall, and
the University of Minnesota is requested to, develop and implement a policy
that requires student health service providers to screen students for incidents
of sexual assault. Student health
service providers shall offer students information on resources available to
victims and survivors of sexual assault including counseling, mental health
services, and procedures for reporting incidents of sexual assault to the institution.
(b) The Board of Trustees of the
Minnesota State Colleges and Universities shall, and the University of
Minnesota is requested to, require that each institution offering student
health or counseling services designate an existing staff member or existing
staff members as confidential resources for victims of sexual assault. The confidential resource must be available
to meet with victims of sexual assault on a walk-in basis. The confidential resource must provide
victims of sexual assault with information about locally available resources
for victims of sexual assault including, but not limited to, mental health
services and legal assistance. The
confidential resource must provide victims of sexual assault with information
about the process for reporting an incident of sexual assault to campus
authorities or local law enforcement. The
victim of sexual assault shall decide whether to report an incident of sexual
assault to campus authorities or local law enforcement. Confidential resources must be trained in all
aspects of responding to incidents of sexual assault including, but not limited
to, best practices for interacting with victims of trauma, preserving evidence,
campus disciplinary and local legal processes, and locally available resources for
victims of sexual assault. Data shared
with a confidential resource is classified as sexual assault communication data
as defined by section 13.822, subdivision 1.
EFFECTIVE
DATE. The policy required
under this subdivision must be in place by January 1, 2017.
Sec. 12. [626.891]
COOPERATION WITH POSTSECONDARY INSTITUTIONS.
Local law enforcement agencies,
including law enforcement agencies operated by statutory cities, home rule
charter cities, and counties must enter into and honor the memoranda of
understanding required under section 135A.15.
Sec. 13. EFFECTIVE
DATE.
This act is effective August 1, 2016."
With the recommendation that when so amended the bill be re-referred to the Committee on Higher Education Policy and Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 981, A bill for an act relating to health occupations; changing provisions for licensing of optometrists; amending Minnesota Statutes 2014, sections 148.52; 148.54; 148.57; 148.574; 148.575; 148.577; 148.59; 148.603; 364.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2014, sections 148.57, subdivisions 3, 4; 148.571; 148.572; 148.573, subdivision 1; 148.575, subdivisions 1, 3, 5, 6; 148.576, subdivisions 1, 2; 151.37, subdivision 11.
Reported the same back with the following amendments:
Page 6, line 18, delete the new language
Page 7, line 30, delete "subdivision" and insert "section"
Page 8, line 4, delete everything after "disease"
Page 8, line 5, delete everything before the semicolon
Page 8, line 17, delete "subdivision" and insert "section"
Page 9, line 23, delete "that" and insert "a" and delete everything after "patient"
Page 9, line 24, delete everything before the semicolon
Page 9, delete lines 26 to 36
Page 10, delete lines 1 to 36
Page 11, delete lines 1 to 36
Page 12, delete lines 1 to 19
Page 13, line 3, delete "health professional" and insert "optometrist"
Page 13, lines 23, 29, and 34, after "faith" insert "and in the exercise of reasonable care"
Page 14, delete section 13
Page 16, line 1, delete "148.57, subdivisions 3 and 4;"
Page 16, line 2, delete "148.575, subdivisions 1, 3, 5, and 6;" and insert "and"
Page 16, line 3, delete "; and 151.37, subdivision 11"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Gunther from the Committee on Greater Minnesota Economic and Workforce Development Policy to which was referred:
H. F. No. 1111, A bill for an act relating to capital investment; establishing a program for the issuance of state appropriation bonds; appropriating money for the Lewis and Clark Regional Water System; authorizing the sale and issuance of appropriation bonds; proposing coding for new law in Minnesota Statutes, chapter 16A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1133, A bill for an act relating to energy; repealing a provision requiring planning a transition to an all‑renewable energy future for Minnesota; repealing Minnesota Statutes 2014, section 3.8852.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
The report was adopted.
Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:
H. F. No. 1168, A bill for an act relating to game and fish; modifying penalty for certain firearms possession; amending Minnesota Statutes 2014, section 97B.041.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 85.015, subdivision 6, is amended to read:
Subd. 6. Minnesota Valley Trail, Hennepin, Dakota, Scott, Carver, Sibley and Le Sueur Counties. (a) The trail shall originate at Fort Snelling State Park and thence extend generally southwesterly along the Minnesota River Valley through Hennepin, Dakota, Scott, Carver, Sibley, and Le Sueur Counties to the city of Le Sueur, and there terminate. The trail shall include the following state waysides: (a) Rice Lake Wayside, in Scott County; (b) Carver Rapids Wayside, in Scott County; (c) Lawrence wayside, in Scott county; (d) Belle Plaine Wayside, in Carver, Scott, and Sibley Counties; (e) Blakeley Wayside, in Scott County; and (f) Rush River Wayside, in Sibley County.
(b) The trail shall be developed primarily
for riding and hiking. Motorized
vehicles are prohibited from that portion of the trail on the north side of the
Minnesota River, lying between Fort Snelling State Park and Rice Lake Wayside. That portion of the trail on the north
side of the Minnesota River, lying between the Bloomington Ferry Bridge
pedestrian crossing and the Cedar Avenue Bridge, shall be an unpaved natural
surface single track trail and shall be developed primarily for hiking and
off-road bicycling.
(c) In establishing, developing, maintaining, and operating the trail the commissioner shall cooperate with local units of government and private individuals and groups whenever feasible.
Sec. 2. Minnesota Statutes 2014, section 97A.465, is amended by adding a subdivision to read:
Subd. 7. Residents
of veterans homes. (a) A
resident from a Minnesota veterans home may obtain a firearm or muzzleloader
deer license during the season and take antlerless deer without a permit in all
areas of the state open during the respective regular firearms or muzzleloader
deer seasons in any permit area. This
subdivision does not authorize the taking of an antlerless deer by another
member of a party under section 97B.301, subdivision 3, in an area closed to
taking antlerless deer or where the number of antlerless deer that may be taken
is limited by a quota on the number of permits.
(b) A person may assist a Minnesota
veterans home resident during the firearms or muzzleloader deer season without
having a deer hunting license, but the person may not shoot a deer.
Sec. 3. Minnesota Statutes 2014, section 97B.041, is amended to read:
97B.041
POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED IN DEER ZONES.
(a) A person may not possess a firearm or ammunition outdoors during the period beginning the fifth day before the open firearms season and ending the second day after the close of the season within an area where deer may be taken by a firearm, except:
(1) during the open season and in an area where big game may be taken, a firearm and ammunition authorized for taking big game in that area may be used to take big game in that area if the person has a valid big game license in possession;
(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot or steel shot;
(4) a handgun or rifle capable of firing only rimfire cartridges of .17 and .22 caliber, including .22 magnum caliber cartridges;
(5) handguns possessed by a person authorized to carry a handgun under sections 624.714 and 624.715 for the purpose authorized; and
(6) on a target range operated under a permit from the commissioner.
(b) This section does not apply during an open firearms season in an area where deer may be taken only by muzzleloader, except that muzzle-loading firearms lawful for the taking of deer may be possessed only by persons with a valid license to take deer by muzzleloader during the muzzleloader season. While muzzleloader hunting, a person with a valid license to take deer by muzzleloader may not possess a firearm other than:
(1) a muzzleloader that is legal for taking deer under section 97B.031, subdivision 1; and
(2) a firearm as described in paragraph (a), clauses (2) to (5).
(c) A first violation of paragraph (a)
is punishable by a warning.
Sec. 4. Minnesota Statutes 2014, section 97B.063, is amended to read:
97B.063
HUNTER SATISFACTION SURVEY.
The commissioner shall annually
administer the collection of hunter information related to participation and
satisfaction. This may include
information on preferences, values, interests, participation rates and
patterns, barriers to participation, or other factors. The data shall be collected using established
social science methods. The
commissioner shall annually submit a summary of the information gathered under
this section to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over
environment and natural resources no later than January 1 for the preceding
fiscal year. The commissioner shall also
make the summary information available on the department's Web site.
Sec. 5. Minnesota Statutes 2014, section 97B.301, is amended by adding a subdivision to read:
Subd. 9. Residents
age 84 or over may take deer of either sex.
A resident age 84 or over may take a deer of either sex. This subdivision does not authorize the
taking of an antlerless deer by another member of a party under subdivision 3.
Sec. 6. [97B.9251]
BEAVER SEASON.
The commissioner may establish open
seasons and restrictions for taking beaver from 9:00 a.m. on the Saturday
nearest October 26 in the North Zone and from 9:00 a.m. on the Saturday nearest
October 30 in the South Zone. The
seasons shall be open until May 15.
Sec. 7. Minnesota Statutes 2014, section 97C.335, is amended to read:
97C.335
USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
(a) A person may not use artificial lights to lure or attract fish or to see fish in the water while spearing, except that while angling or spearing, a person may:
(1) affix a lighted artificial bait with hooks attached to the end of a fishing line; or
(2) use a lighted decoy for spearing.
(b) A battery that is used in lighted fishing lures must not contain mercury.
(c) The restrictions in paragraph (a) do
not apply to:
(1) a person bow fishing; or
(2) a person owning land adjacent to Rainy Lake, Rainy River, or Lake of the Woods when taking minnows in accordance with section 97C.505.
Sec. 8. RULEMAKING;
LIFTING SPEARING BANS AND NORTHERN PIKE REGULATIONS.
(a) The commissioner of natural
resources shall amend Minnesota Rules, parts 6262.0575, subpart 9; and
6264.0400, subparts 70 and 72, to delete the language prohibiting spearing.
(b) Notwithstanding Minnesota Statutes,
section 97C.007, the commissioner of natural resources shall amend Minnesota
Rules, part 6264.0400, subpart 71, to delete the language prohibiting spearing
and modify the northern pike protected slot to 26 to 40 inches.
(c)
The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 9. REPEALER.
Minnesota Rules, part 6264.0400,
subparts 27 and 28, are repealed.
EFFECTIVE DATE. This section is effective July 1, 2015."
Delete the title and insert:
"A bill for an act relating to natural resources; establishing requirements for a trail; modifying requirements governing hunting deer; authorizing a beaver season; modifying restrictions on using artificial lights to take fish; authorizing rulemaking relating to spearing and northern pike; authorizing distribution of certain survey information; amending Minnesota Statutes 2014, sections 85.015, subdivision 6; 97A.465, by adding a subdivision; 97B.041; 97B.063; 97B.301, by adding a subdivision; 97C.335; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Rules, part 6264.0400, subparts 27, 28."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1209, A bill for an act relating to health; requiring suicide prevention training; requiring training for law enforcement in techniques to de-escalate mental health crises; requiring a report; appropriating money; amending Minnesota Statutes 2014, sections 122A.09, subdivision 4; 145.56, subdivisions 2, 4; 626.8452, subdivision 3; 626.8455, subdivision 1.
Reported the same back with the following amendments:
Page 5, delete sections 4 and 5
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete "requiring training for"
Page 1, line 3, delete everything before "requiring"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Kelly from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1229, A bill for an act relating to transportation; clarifying the authority of state patrol employees who are not troopers; amending Minnesota Statutes 2014, section 299D.06.
Reported the same back with the following amendments:
Page 1, line 21, delete everything after "vehicles"
Page 1, line 22, delete "section 390.5,"
Page 2, after line 3, insert:
"(d) For purposes of this section,
"commercial vehicle" means:
(1) a motor vehicle that is a commercial
motor vehicle, as defined in section 169.011, subdivision 16;
(2) a commercial motor vehicle, as
defined in Code of Federal Regulations, title 49, section 390.5, or successor
rules; or
(3) a vehicle operated under chapter 221 by a motor carrier, as defined in section 221.012, subdivision 25."
With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 1232, A bill for an act relating to public safety; amending provisions on data privacy, predatory offender registration, evidence, crime victim protections, and criminal defenses relating to sex trafficking; creating new criminal penalties; amending Minnesota Statutes 2014, sections 13.82, subdivision 17; 243.166, subdivision 1b; 609.1095, subdivision 1; 609.324, subdivision 1; 609.325, subdivision 4, by adding a subdivision; 609.3471; 611A.26, subdivisions 1, 6; 617.242, subdivision 6; 628.26.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1271, A bill for an act relating to human services; modifying group residential housing eligibility; amending Minnesota Statutes 2014, section 256I.04, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision to read:
Subd. 10. Providers
of group residential housing or supplementary services. The commissioner shall conduct
background studies on any individual required under section 256I.04 to have a
background study completed under this chapter.
EFFECTIVE
DATE. This section is
effective July 1, 2016.
Sec. 2. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision to read:
Subd. 11. Providers
of group residential housing or supplementary services. The commissioner shall recover the
cost of background studies initiated by providers of group residential housing
or supplementary services under section 256I.04 through a fee of no more than
$20 per study. The fees collected under
this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
EFFECTIVE
DATE. This section is
effective July 1, 2016.
Sec. 3. Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:
Subdivision 1. Authority and purpose. The commissioner shall administer a compliance system for the Minnesota family investment program, the food stamp or food support program, emergency assistance, general assistance, medical assistance, emergency general assistance, Minnesota supplemental assistance, group residential housing, preadmission screening, alternative care grants, the child care assistance program, and all other programs administered by the commissioner or on behalf of the commissioner under the powers and authorities named in section 256.01, subdivision 2. The purpose of the compliance system is to permit the commissioner to supervise the administration of public assistance programs and to enforce timely and accurate distribution of benefits, completeness of service and efficient and effective program management and operations, to increase uniformity and consistency in the administration and delivery of public assistance programs throughout the state, and to reduce the possibility of sanctions and fiscal disallowances for noncompliance with federal regulations and state statutes. The commissioner, or the commissioner's representative, may issue administrative subpoenas as needed in administering the compliance system.
The commissioner shall utilize training, technical assistance, and monitoring activities, as specified in section 256.01, subdivision 2, to encourage county agency compliance with written policies and procedures.
Sec. 4. Minnesota Statutes 2014, section 256I.03, subdivision 3, is amended to read:
Subd. 3. Group
residential housing. "Group
residential housing" means a group living situation that provides at a
minimum room and board to unrelated persons who meet the eligibility
requirements of section 256I.04. This
definition includes foster care settings or community residential settings for
a single adult. To receive payment
for a group residence rate, the residence
must meet the requirements under section 256I.04, subdivision subdivisions
2a to 2f.
Sec. 5. Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:
Subd. 7. Countable
income. "Countable income"
means all income received by an applicant or recipient less any applicable
exclusions or disregards. For a
recipient of any cash benefit from the SSI program, countable income means the
SSI benefit limit in effect at the time the person is in a GRH a
recipient of group residential housing, less the medical assistance
personal needs allowance under section 256B.35. If the SSI limit has been or
benefit is reduced for a person due to events occurring prior to the
persons entering the GRH setting other than receipt of additional income,
countable income means actual income less any applicable exclusions and
disregards.
Sec. 6. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 9. Direct
contact. "Direct
contact" means providing face-to-face care, support, training,
supervision, counseling, consultation, or medication assistance to recipients
of group residential housing.
Sec. 7. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 10. Habitability
inspection. "Habitability
inspection" means an inspection to determine whether the housing occupied
by an individual meets the habitability standards specified by the commissioner. The standards must be provided to the
applicant in writing and posted on the Department of Human Services Web site.
Sec. 8. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 11. Long-term
homelessness. "Long-term
homelessness" means lacking a permanent place to live:
(1) continuously for one year or more;
or
(2) at least four times in the past
three years.
Sec. 9. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 12. Professional
certification. "Professional
certification" means a statement about an individual's illness, injury, or
incapacity that is signed by a qualified professional. The statement must specify that the
individual has an illness or incapacity which limits the individual's ability
to work and provide self-support. The
statement must also specify that the individual needs assistance to access or
maintain housing, as evidenced by the need for two or more of the following
services:
(1) tenancy supports to assist an
individual with finding the individual's own home, landlord negotiation,
securing furniture and household supplies, understanding and maintaining tenant
responsibilities, conflict negotiation, and budgeting and financial education;
(2) supportive services to assist with
basic living and social skills, household management, monitoring of overall
well-being, and problem solving;
(3) employment supports to assist with
maintaining or increasing employment, increasing earnings, understanding and
utilizing appropriate benefits and services, improving physical or mental
health, moving toward self-sufficiency, and achieving personal goals; or
(4) health supervision services to
assist in the preparation and administration of medications other than
injectables, the provision of therapeutic diets, taking vital signs, or
providing assistance in dressing, grooming, bathing, or with walking devices.
Sec. 10. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 13. Prospective
budgeting. "Prospective
budgeting" means estimating the amount of monthly income a person will
have in the payment month.
Sec. 11. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 14. Qualified
professional. "Qualified
professional" means an individual as defined in section 256J.08,
subdivision 73a, or Minnesota Rules, part 9530.6450, subpart 3, 4, or 5; or an
individual approved by the director of human services or a designee of the
director.
Sec. 12. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision to read:
Subd. 15. Supportive
housing. "Supportive
housing" means housing with support services according to the continuum of care coordinated assessment system
established under Code of Federal Regulations, title 24, section 578.3.
Sec. 13. Minnesota Statutes 2014, section 256I.04, is amended to read:
256I.04
ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENT.
Subdivision 1. Individual eligibility requirements. An individual is eligible for and entitled to a group residential housing payment to be made on the individual's behalf if the agency has approved the individual's residence in a group residential housing setting and the individual meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is over 18 years of age and disabled as determined under the criteria used by the title II program of the Social Security Act, and meets the resource restrictions and standards of section 256P.02, and the individual's countable income after deducting the (1) exclusions and disregards of the SSI program, (2) the medical assistance personal needs allowance under section 256B.35, and (3) an amount equal to the income actually made available to a community spouse by an elderly waiver participant under the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058, subdivision 2, is less than the monthly rate specified in the agency's agreement with the provider of group residential housing in which the individual resides.
(b) The individual meets a category of eligibility under section 256D.05, subdivision 1, paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, and the individual's resources are less than the standards specified by section 256P.02, and the individual's countable income as determined under sections 256D.01 to 256D.21, less the medical assistance personal needs allowance under section 256B.35 is less than the monthly rate specified in the agency's agreement with the provider of group residential housing in which the individual resides.
Subd. 1a. County
approval. (a) A county agency may
not approve a group residential housing payment for an individual in any
setting with a rate in excess of the MSA equivalent rate for more than 30 days
in a calendar year unless the county agency has developed or approved individual
has a plan for the individual which specifies that:
(1) the individual has an illness or
incapacity which prevents the person from living independently in the
community; and
(2) the individual's illness or
incapacity requires the services which are available in the group residence.
The plan must be signed or countersigned
by any of the following employees of the county of financial responsibility: the director of human services or a designee
of the director; a social worker; or a case aide professional
certification under section 256I.03, subdivision 12.
(b) If a county agency determines that an applicant is ineligible due to not meeting eligibility requirements under this section, a county agency may accept a signed personal statement from the applicant in lieu of documentation verifying ineligibility.
(c) Effective July 1, 2016, to be
eligible for supplementary service payments, providers must enroll in the
provider enrollment system identified by the commissioner.
Subd. 1b. Optional state supplements to SSI. Group residential housing payments made on behalf of persons eligible under subdivision 1, paragraph (a), are optional state supplements to the SSI program.
Subd. 1c. Interim assistance. Group residential housing payments made on behalf of persons eligible under subdivision 1, paragraph (b), are considered interim assistance payments to applicants for the federal SSI program.
Subd. 2. Date of eligibility. An individual who has met the eligibility requirements of subdivision 1, shall have a group residential housing payment made on the individual's behalf from the first day of the month in which a signed application form is received by a county agency, or the first day of the month in which all eligibility factors have been met, whichever is later.
Subd. 2a. License
required; staffing qualifications.
A county (a) Except as provided in paragraph (b), an
agency may not enter into an agreement with an establishment to provide group
residential housing unless:
(1) the establishment is licensed by the
Department of Health as a hotel and restaurant; a board and lodging
establishment; a residential care home; a boarding care home before
March 1, 1985; or a supervised living facility, and the service provider for
residents of the facility is licensed under chapter 245A. However, an establishment licensed by the
Department of Health to provide lodging need not also be licensed to provide
board if meals are being supplied to residents under a contract with a food
vendor who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human
services under Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by
a county human services agency prior to July 1, 1992, using the standards under
Minnesota Rules, parts 9555.5050 to 9555.6265; (iii) a residence
licensed by the commissioner under Minnesota Rules, parts 2960.0010 to
2960.0120, with a variance under section 245A.04, subdivision 9; or (iv)
licensed under section 245D.02, subdivision 4a, as a community residential
setting by the commissioner of human services; or
(3) the establishment is registered under
chapter 144D and provides three meals a day, or is an establishment voluntarily
registered under section 144D.025 as a supportive housing establishment; or.
(4) an establishment voluntarily
registered under section 144D.025, other than a supportive housing establishment
under clause (3), is not eligible to provide group residential housing.
(b) The requirements under clauses
(1) to (4) paragraph (a) do not apply to establishments exempt from
state licensure because they are:
(1) located on Indian reservations
and subject to tribal health and safety requirements.; or
(2) a supportive housing establishment
that has an approved habitability inspection and an individual lease agreement
and that serves people who have experienced long-term homelessness and were referred
through a coordinated assessment in section 256I.03, subdivision 15.
(c) Supportive housing establishments
and emergency shelters must participate in the homeless management information
system.
(d) Effective July 1, 2016, an agency
shall not have an agreement with a provider of group residential housing or
supplementary services unless all staff members who have direct contact with
recipients:
(1) have skills and knowledge acquired
through:
(i) a course of study in a health- or
human services-related field leading to a bachelor of arts, bachelor of
science, or associate's degree;
(ii) one year of experience with the
target population served;
(iii)
experience as a certified peer specialist according to section 256B.0615; or
(iv) meeting the requirements for
unlicensed personnel under sections 144A.43 to 144A.483;
(2) hold a current Minnesota driver's
license appropriate to the vehicle driven if transporting recipients;
(3) complete training on vulnerable
adults mandated reporting and child maltreatment mandated reporting, where
applicable; and
(4) complete group residential housing
orientation training offered by the commissioner.
Subd. 2b. Group
residential housing agreements. (a)
Agreements between county agencies and providers of group residential
housing must be in writing on a form developed and approved by the
commissioner and must specify the name and address under which the
establishment subject to the agreement does business and under which the establishment,
or service provider, if different from the group residential housing
establishment, is licensed by the Department of Health or the Department of
Human Services; the specific license or registration from the Department of
Health or the Department of Human Services held by the provider and the number
of beds subject to that license; the address of the location or locations at
which group residential housing is provided under this agreement; the per diem
and monthly rates that are to be paid from group residential housing funds for
each eligible resident at each location; the number of beds at each location
which are subject to the group residential housing agreement; whether the
license holder is a not-for-profit corporation under section 501(c)(3) of the
Internal Revenue Code; and a statement that the agreement is subject to the
provisions of sections 256I.01 to 256I.06 and subject to any changes to those
sections.
(b) Providers are required to verify
the following minimum requirements in the agreement:
(1) current license or registration,
including authorization if managing or monitoring medications;
(2) all staff who have direct contact
with recipients meet the staff qualifications;
(3) the provision of group residential
housing;
(4) the provision of supplementary
services, if applicable;
(5) reports of adverse events,
including recipient death or serious injury; and
(6) submission of residency
requirements that could result in recipient eviction.
Group residential housing (c)
Agreements may be terminated with or without cause by either the county
commissioner, the agency, or the provider with two calendar months prior
notice. The commissioner may
immediately terminate an agreement under subdivision 2d.
Subd. 2c. Crisis
shelters Background study requirements. Secure crisis shelters for battered
women and their children designated by the Minnesota Department of Corrections
are not group residences under this chapter. (a) Effective July 1, 2016, a provider of
group residential housing or supplementary services must initiate background
studies in accordance with chapter 245C of the following individuals:
(1) controlling individuals as defined
in section 245A.02;
(2) managerial officials as defined in
section 245A.02; and
(3)
all employees and volunteers of the establishment who have direct contact with
recipients, or who have unsupervised access to recipients, their personal
property, or their private data.
(b) The provider of group residential
housing or supplementary services must maintain compliance with all
requirements established for entities initiating background studies under
chapter 245C.
(c) Effective July 1, 2017, a provider
of group residential housing or supplementary services must demonstrate that
all individuals required to have a background study according to paragraph (a)
have a notice stating either that:
(1) the individual is not disqualified
under section 245C.14; or
(2) the individual is disqualified, but
the individual has been issued a set-aside of the disqualification for that
setting under section 245C.22.
Subd. 2d. Conditions
of payment; commissioner's right to suspend or terminate agreement. (a) Group residential housing or
supplementary services must be provided to the satisfaction of the
commissioner, as determined at the sole discretion of the commissioner's
authorized representative, and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations, including business
registration requirements of the Office of the Secretary of State. A provider shall not receive payment for
services or housing found by the commissioner to be performed or provided in
violation of federal, state, or local law, ordinance, rule, or regulation.
(b) The commissioner has the right to suspend
or terminate the agreement immediately when the commissioner determines the
health or welfare of the housing or service recipients is endangered, or when
the commissioner has reasonable cause to believe that the provider has breached
a material term of the agreement under subdivision 2b.
(c) Notwithstanding paragraph (b), if
the commissioner learns of a curable material breach of the agreement by the
provider, the commissioner shall provide the provider with a written notice of
the breach and allow ten days to cure the breach. If the provider does not cure the breach
within the time allowed, the provider shall be in default of the agreement and
the commissioner may terminate the agreement immediately thereafter. If the provider has breached a material term
of the agreement and cure is not possible, the commissioner may immediately
terminate the agreement.
Subd. 2e. Providers
holding health or human services licenses.
(a) Except for facilities with only a board and lodging license,
when group residential housing or supplementary service staff are also
operating under a license issued by the Department of Health or the Department
of Human Services, the minimum staff qualification requirements for the setting
shall be the qualifications listed under the related licensing standards.
(b) A background study completed for
the licensed service must also satisfy the background study requirements under
this section, if the provider has established the background study contact
person according to chapter 245C and as directed by the Department of Human
Services.
Subd. 2f. Required
services. In licensed and
registered settings under subdivision 2a, providers shall ensure that
participants have at a minimum:
(1) food preparation and service for
three nutritional meals a day on site;
(2) a bed, clothing storage, linen,
bedding, laundering, and laundry supplies or service;
(3) housekeeping, including cleaning
and lavatory supplies or service; and
(4)
maintenance and operation of the building and grounds, including heat, water,
garbage removal, electricity, telephone for the site, cooling, supplies, and
parts and tools to repair and maintain equipment and facilities.
Subd. 2g. Crisis
shelters. Secure crisis
shelters for battered women and their children designated by the Minnesota
Department of Corrections are not group residences under this chapter.
Subd. 3. Moratorium
on development of group residential housing beds. (a) County Agencies shall not
enter into agreements for new group residential housing beds with total rates
in excess of the MSA equivalent rate except:
(1) for group residential housing establishments licensed under Minnesota Rules, parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction targets for persons with developmental disabilities at regional treatment centers;
(2) up to 80 beds in a single, specialized facility located in Hennepin County that will provide housing for chronic inebriates who are repetitive users of detoxification centers and are refused placement in emergency shelters because of their state of intoxication, and planning for the specialized facility must have been initiated before July 1, 1991, in anticipation of receiving a grant from the Housing Finance Agency under section 462A.05, subdivision 20a, paragraph (b);
(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a mental illness, a history of substance abuse, or human immunodeficiency virus or acquired immunodeficiency syndrome. For purposes of this section, "homeless adult" means a person who is living on the street or in a shelter or discharged from a regional treatment center, community hospital, or residential treatment program and has no appropriate housing available and lacks the resources and support necessary to access appropriate housing. At least 70 percent of the supportive housing units must serve homeless adults with mental illness, substance abuse problems, or human immunodeficiency virus or acquired immunodeficiency syndrome who are about to be or, within the previous six months, has been discharged from a regional treatment center, or a state-contracted psychiatric bed in a community hospital, or a residential mental health or chemical dependency treatment program. If a person meets the requirements of subdivision 1, paragraph (a), and receives a federal or state housing subsidy, the group residential housing rate for that person is limited to the supplementary rate under section 256I.05, subdivision 1a, and is determined by subtracting the amount of the person's countable income that exceeds the MSA equivalent rate from the group residential housing supplementary rate. A resident in a demonstration project site who no longer participates in the demonstration program shall retain eligibility for a group residential housing payment in an amount determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching funds are available and the services can be provided through a managed care entity. If federal matching funds are not available, then service funding will continue under section 256I.05, subdivision 1a;
(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in Hennepin County providing services for recovering and chemically dependent men that has had a group residential housing contract with the county and has been licensed as a board and lodge facility with special services since 1980;
(5) for a group residential housing provider located in the city of St. Cloud, or a county contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing through the Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
(6) for a new 65-bed facility in Crow Wing County that will serve chemically dependent persons, operated by a group residential housing provider that currently operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
(7) for a group residential housing provider that operates two ten-bed facilities, one located in Hennepin County and one located in Ramsey County, that provide community support and 24-hour-a-day supervision to serve the mental health needs of individuals who have chronically lived unsheltered; and
(8) for a group residential facility in Hennepin County with a capacity of up to 48 beds that has been licensed since 1978 as a board and lodging facility and that until August 1, 2007, operated as a licensed chemical dependency treatment program.
(b) A county An agency may
enter into a group residential housing agreement for beds with rates in excess
of the MSA equivalent rate in addition to those currently covered under a group
residential housing agreement if the additional beds are only a replacement of
beds with rates in excess of the MSA equivalent rate which have been made
available due to closure of a setting, a change of licensure or certification
which removes the beds from group residential housing payment, or as a result
of the downsizing of a group residential housing setting. The transfer of available beds from one county
agency to another can only occur by the agreement of both counties
agencies.
Subd. 4. Rental
assistance. For participants in the
Minnesota supportive housing demonstration program under subdivision 3,
paragraph (a), clause (5), notwithstanding the provisions of section 256I.06,
subdivision 8, the amount of the group residential housing payment for room and
board must be calculated by subtracting 30 percent of the recipient's adjusted
income as defined by the United States Department of Housing and Urban
Development for the Section 8 program from the fair market rent established for
the recipient's living unit by the federal Department of Housing and Urban
Development. This payment shall be
regarded as a state housing subsidy for the purposes of subdivision 3. Notwithstanding the provisions of section
256I.06, subdivision 6, the recipient's countable income will only be adjusted
when a change of greater than $100 in a month occurs or upon annual
redetermination of eligibility, whichever is sooner. The commissioner is directed to study the
feasibility of developing a rental assistance program to serve persons
traditionally served in group residential housing settings and report to the
legislature by February 15, 1999.
EFFECTIVE
DATE. Subdivision 1,
paragraph (b), is effective September 1, 2015.
Sec. 14. Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:
Subd. 1c. Rate
increases. A county An
agency may not increase the rates negotiated for group residential housing
above those in effect on June 30, 1993, except as provided in paragraphs (a) to
(f).
(a) A county An agency may
increase the rates for group residential housing settings to the MSA equivalent
rate for those settings whose current rate is below the MSA equivalent rate.
(b) A county An agency may
increase the rates for residents in adult foster care whose difficulty of care
has increased. The total group
residential housing rate for these residents must not exceed the maximum rate
specified in subdivisions 1 and 1a. County
Agencies must not include nor increase group residential housing difficulty of
care rates for adults in foster care whose difficulty of care is eligible for
funding by home and community-based waiver programs under title XIX of the
Social Security Act.
(c) The room and board rates will be increased each year when the MSA equivalent rate is adjusted for SSI cost‑of-living increases by the amount of the annual SSI increase, less the amount of the increase in the medical assistance personal needs allowance under section 256B.35.
(d) When a group residential housing rate is used to pay for an individual's room and board, or other costs necessary to provide room and board, the rate payable to the residence must continue for up to 18 calendar days per incident that the person is temporarily absent from the residence, not to exceed 60 days in a calendar year, if the absence or absences have received the prior approval of the county agency's social service staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.
(e) For facilities meeting substantial change criteria within the prior year. Substantial change criteria exists if the group residential housing establishment experiences a 25 percent increase or decrease in the total number of its beds, if the net cost of capital additions or improvements is in excess of 15 percent of the current market value of the residence, or if the residence physically moves, or changes its licensure, and incurs a resulting increase in operation and property costs.
(f) Until June 30, 1994, a county an
agency may increase by up to five percent the total rate paid for recipients of
assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who reside
in residences that are licensed by the commissioner of health as a boarding
care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this
clause must not exceed an amount equivalent to 65 percent of the 1991 medical
assistance reimbursement rate for nursing home resident class A, in the
geographic grouping in which the facility is located, as established under
Minnesota Rules, parts 9549.0050 to 9549.0058.
Sec. 15. Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:
Subd. 1g. Supplementary
service rate for certain facilities. On
or after July 1, 2005, a county An agency may negotiate a
supplementary service rate for recipients of assistance under section 256I.04,
subdivision 1, paragraph (a) or (b), who relocate from a homeless
shelter licensed and registered prior to December 31, 1996, by the Minnesota
Department of Health under section 157.17, to have experienced long-term
homelessness and who live in a supportive housing establishment developed
and funded in whole or in part with funds provided specifically as part of the
plan to end long-term homelessness required under Laws 2003, chapter 128,
article 15, section 9, not to exceed $456.75 under section 256I.04,
subdivision 2a, paragraph (b), clause (2).
Sec. 16. Minnesota Statutes 2014, section 256I.06, subdivision 2, is amended to read:
Subd. 2. Time
of payment. A county agency may make
payments to a group residence in advance for an individual whose stay in the
group residence is expected to last beyond the calendar month for which the
payment is made and who does not expect to receive countable earned income
during the month for which the payment is made. Group residential housing payments made by a
county agency on behalf of an individual who is not expected to remain in the
group residence beyond the month for which payment is made must be made
subsequent to the individual's departure from the group residence. Group residential housing payments made by
a county agency on behalf of an individual with countable earned income must be
made subsequent to receipt of a monthly household report form.
EFFECTIVE
DATE. This section is
effective April 1, 2016.
Sec. 17. Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:
Subd. 6. Reports. Recipients must report changes in
circumstances that affect eligibility or group residential housing payment
amounts, other than changes in earned income, within ten days of the
change. Recipients with countable earned
income must complete a monthly household report form at least once
every six months. If the report form
is not received before the end of the month in which it is due, the county
agency must terminate eligibility for group residential housing payments. The termination shall be effective on the
first day of the month
following the month in which the report was due. If a complete report is received within the month eligibility was terminated, the individual is considered to have continued an application for group residential housing payment effective the first day of the month the eligibility was terminated.
EFFECTIVE
DATE. This section is
effective April 1, 2016.
Sec. 18. Minnesota Statutes 2014, section 256I.06, subdivision 7, is amended to read:
Subd. 7. Determination
of rates. The agency in the
county in which a group residence is located will shall
determine the amount of group residential housing rate to be paid on behalf of
an individual in the group residence regardless of the individual's county
agency of financial responsibility.
Sec. 19. Minnesota Statutes 2014, section 256I.06, subdivision 8, is amended to read:
Subd. 8. Amount of group residential housing payment. (a) The amount of a group residential housing payment to be made on behalf of an eligible individual is determined by subtracting the individual's countable income under section 256I.04, subdivision 1, for a whole calendar month from the group residential housing charge for that same month. The group residential housing charge is determined by multiplying the group residential housing rate times the period of time the individual was a resident or temporarily absent under section 256I.05, subdivision 1c, paragraph (d).
(b) For an individual with earned
income under paragraph (a), prospective budgeting must be used to determine the
amount of the individual's payment for the following six-month period. An increase in income shall not affect an
individual's eligibility or payment amount until the month following the
reporting month. A decrease in income
shall be effective the first day of the month after the month in which the
decrease is reported.
EFFECTIVE DATE. Paragraph (b) is effective April 1, 2016."
Delete the title and insert:
"A bill for an act relating to human services; modifying provisions governing group residential housing; establishing background study requirements for providers of group residential housing or supplementary services; authorizing administration of a compliance system for group residential housing; amending Minnesota Statutes 2014, sections 245C.03, by adding a subdivision; 245C.10, by adding a subdivision; 256.017, subdivision 1; 256I.03, subdivisions 3, 7, by adding subdivisions; 256I.04; 256I.05, subdivisions 1c, 1g; 256I.06, subdivisions 2, 6, 7, 8."
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1277, A bill for an act relating to health; creating a Council on International Medical Graduates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Page 2, line 13, delete "in consultation with the"
Page 2, line 14, delete "Board of Medical Practice"
Page 3, line 8, before "The" insert "(a)"
Page 3, line 13, delete "the Board of Medical Practice and"
Page 4, line 8, delete "in consultation with the Board of Medical Practice and other partners,"
Page 4, line 10, delete "or apprenticeship"
Page 4, line 17, delete ", apprenticeship,"
Page 4, line 18, delete "or both"
Page 4, line 19, delete "work with the Board of Medical Practice to"
Page 4, line 24, delete the second "or"
Page 4, line 25, delete "apprenticeship"
Page 5, delete lines 14 to 36
Page 6, delete lines 1 to 3
Page 6, line 4, delete "(16)" and insert "(12)"
Page 6, line 5, delete the period and insert "; and"
Page 6, after line 5, insert:
"(13) study, in consultation with the board and other stakeholders, changes necessary in health professional licensure and regulation to ensure full utilization of immigrant international medical graduates in the health care delivery system. The council shall make recommendations to the legislature by December 1, 2016."
Page 6, line 6, delete "Coordination with" and delete "The council and"
Page 6, delete lines 7 and 8
Page 6, line 9, delete "program and licensing options in subdivision 4."
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1326, A bill for an act relating to environment; modifying public entity purchasing requirements; modifying solid waste provisions; modifying subsurface sewage treatment systems provisions; modifying compensable losses due to harmful substances; modifying eligibility for certain grants; requiring rulemaking; amending Minnesota Statutes 2014, sections 16C.073, subdivision 2; 115.55, subdivision 1; 115.56, subdivision 2; 115A.93, subdivision 1; 115B.34, subdivision 2; 446A.073, subdivisions 1, 3, 4.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 1354, A bill for an act relating to public safety; requiring active firefighter deaths to be reported to the state fire marshal; providing continued health insurance coverage to families of noncareer firefighters who die in the line of duty; amending Minnesota Statutes 2014, section 299A.465, subdivision 5, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299F.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1358, A bill for an act relating to local government; adding to the definition of "energy conservation measure" in the Uniform Municipal Contracting Law; amending Minnesota Statutes 2014, section 471.345, subdivision 13.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was adopted.
Sanders from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1394, A bill for an act relating to environment; modifying the duties of the Minnesota Pollution Control Agency Citizens' Board; amending Minnesota Statutes 2014, sections 116.02; 116.03, subdivision 1; repealing Minnesota Statutes 2014, section 116.02, subdivisions 7, 8, 10.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1415, A bill for an act relating to transportation; modifying particular use access to certain roadways; amending Minnesota Statutes 2014, section 160.18, subdivision 3.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Policy and Finance.
The report was adopted.
Gunther from the Committee on Greater Minnesota Economic and Workforce Development Policy to which was referred:
H. F. No. 1450, A bill for an act relating to transportation; establishing a small cities assistance grant program; proposing coding for new law in Minnesota Statutes, chapter 162.
Reported the same back with the following amendments:
Page 1, line 7, delete "grant"
Page 1, line 12, delete everything after "(a)" and insert "The commissioner shall allocate all funds made available by law as provided in subdivision 5 and shall notify the commissioner of revenue."
Page 1, delete lines 13 to 15
Page 1, delete lines 16 to 18 and insert:
"(b) Following notification from the commissioner of transportation, the commissioner of revenue shall distribute the specified funds to cities in the same manner as local government aid under chapter 477A. An appropriation to the commissioner of transportation under this section is available to the commissioner of revenue for the distribution purposes specified in this paragraph."
Page 1, line 19, delete "A grant provided under this section is" and insert "Funds provided under this section are"
Page 1, line 22, delete "a grant award" and insert "funds"
Page 2, line 1, delete "Grant awards" and insert "Funds"
Page 2, delete lines 9 to 10 and insert:
"Subd. 5. Distribution
formula. In each year in
which funds are available under this section, the commissioner shall allocate
funds in accordance with the following formula:
(1) 50 percent of funds allocated
proportionally based on each city's share of population compared to total
population of all cities eligible to receive funds under this section; and
(2) 50 percent of funds allocated proportionally based on each city's share of lane miles of municipal streets compared to total lane miles of municipal streets of all cities eligible to receive funds under this section."
Amend the title as follows:
Page 1, line 2, delete "grant"
With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Policy and Finance.
The report was adopted.
Anderson, P., from the Committee on Agriculture Policy to which was referred:
H. F. No. 1451, A bill for an act relating to agriculture; requiring a livestock industry study.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Agriculture Finance.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1460, A bill for an act relating to human services; requiring the commissioner of human services to contract with a vendor to verify the eligibility of medical assistance and MinnesotaCare enrollees; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256B.
Reported the same back with the following amendments:
Page 1, after line 16, insert:
"(c) The contract must require the vendor to comply with enrollee data privacy requirements and to use encryption to safeguard enrollee identity. The contract must also provide penalties for vendor noncompliance."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1640, A bill for an act relating to human services; repealing the TEFRA monetary parental contribution; amending Minnesota Statutes 2014, sections 13.46, subdivision 2; 246.511; 252.27, subdivisions 1, 2a, 3; 270B.14, subdivision 1; repealing Minnesota Statutes 2014, section 252.27, subdivisions 2, 2b, 4a, 5, 6.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
McNamara from the Committee on Environment and Natural Resources Policy and Finance to which was referred:
H. F. No. 1649, A bill for an act relating to natural resources; allowing early withdrawal from Sustainable Forest Incentive Act under certain conditions; amending Minnesota Statutes 2014, section 290C.10.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1652, A bill for an act relating to health; making changes to the Minnesota prescription monitoring program; amending Minnesota Statutes 2014, section 152.126, subdivisions 1, 3, 5, 6; repealing Laws 2014, chapter 286, article 7, section 4.
Reported the same back with the following amendments:
Page 5, line 2, delete "(i)" and reinstate the stricken "(h)"
Page 5, lines 15 to 22, delete the new language
Page 5, lines 31 and 34, delete the new language and reinstate the old language
Page 6, lines 1, 4, 11, and 27, delete the new language and reinstate the old language
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1659, A bill for an act relating to health; modifying definitions; increasing the permitted ratio of pharmacy technicians to pharmacists; amending Minnesota Statutes 2014, sections 151.01, subdivisions 15a, 27; 151.02; 151.102; 151.58, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2014, section 151.01, subdivision 15a, is amended to read:
Subd. 15a. Pharmacy
technician. "Pharmacy
technician" means a person not licensed as a pharmacist or registered
as a pharmacist intern, who assists the pharmacist in the preparation
and dispensing of medications by performing computer entry of prescription data
and other manipulative tasks. A pharmacy
technician shall not perform tasks specifically reserved to a licensed
pharmacist or requiring has been trained in pharmacy tasks that do not
require the professional judgment of a licensed pharmacist. A pharmacy technician may not perform tasks
specifically reserved to a licensed pharmacist.
Sec. 2. Minnesota Statutes 2014, section 151.01, subdivision 27, is amended to read:
Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;
(4) participation in drug and therapeutic device selection; drug administration for first dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
(5) participation in administration of
influenza vaccines to all eligible individuals ten six years of
age and older and all other vaccines to patients 18 13 years of
age and older by written protocol with a physician licensed under chapter 147,
a physician assistant authorized to prescribe drugs under chapter 147A, or an
advanced practice registered nurse authorized to prescribe drugs under section
148.235, provided that:
(i) the protocol includes, at a minimum:
(A) the name, dose, and route of each vaccine that may be given;
(B) the patient population for whom the vaccine may be given;
(C) contraindications and precautions to the vaccine;
(D) the procedure for handling an adverse reaction;
(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;
(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and
(G) the date and time period for which the protocol is valid;
(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;
(iii) the pharmacist utilizes the
Minnesota Immunization Information Connection to assess the immunization status
of individuals prior to the administration of vaccines, except when
administering influenza vaccines to individuals age nine and older;
(iv) the pharmacist reports the
administration of the immunization to the patient's primary physician or
clinic or to the Minnesota Immunization Information Connection; and
(iv) (v) the pharmacist
complies with guidelines for vaccines and immunizations established by the
federal Advisory Committee on Immunization Practices, except that a pharmacist
does not need to comply with those portions of the guidelines that establish
immunization schedules when administering a vaccine pursuant to a valid,
patient-specific order issued by a physician licensed under chapter 147, a
physician assistant authorized to prescribe drugs under chapter 147A, or an
advanced practice nurse authorized to prescribe drugs under section 148.235,
provided that the order is consistent with the United States Food and Drug
Administration approved labeling of the vaccine;
(6) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between: (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician
assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice nurses authorized to prescribe, dispense, and administer under section 148.235. Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;
(7) participation in the storage of drugs and the maintenance of records;
(8) patient counseling on therapeutic values, content, hazards, and uses of drugs and devices; and
(9) offering or performing those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy.
Sec. 3. Minnesota Statutes 2014, section 151.02, is amended to read:
151.02
STATE BOARD OF PHARMACY.
The Minnesota State Board of Pharmacy
shall consist of two three public members as defined by section
214.02 and five six pharmacists actively engaged in the practice
of pharmacy in this state. Each of said
pharmacists shall have had at least five consecutive years of practical
experience as a pharmacist immediately preceding appointment.
Sec. 4. Minnesota Statutes 2014, section 151.102, is amended to read:
151.102
PHARMACY TECHNICIAN.
Subdivision 1. General. A pharmacy technician may assist a
pharmacist in the practice of pharmacy by performing nonjudgmental tasks
and that are not reserved to, and do not require the professional
judgment of, a licensed pharmacist. A
pharmacy technician works under the personal and direct supervision of the
pharmacist. A pharmacist may supervise two
up to three technicians, as long as the. A pharmacist assumes responsibility
is responsible for all the functions work performed by the
technicians who are under the supervision of the pharmacist. A pharmacy may exceed the ratio of pharmacy
technicians to pharmacists permitted in this subdivision or in rule by a total
of one technician at any given time in the pharmacy, provided at least one
technician in the pharmacy holds a valid certification from the Pharmacy
Technician Certification Board or from another national certification body for
pharmacy technicians that requires passage of a nationally recognized,
psychometrically valid certification examination for certification as determined
by the Board of Pharmacy. The Board of
Pharmacy may, by rule, set ratios of technicians to pharmacists greater than two
three to one for the functions specified in rule. The delegation of any duties, tasks, or
functions by a pharmacist to a pharmacy technician is subject to continuing
review and becomes the professional and personal responsibility of the
pharmacist who directed the pharmacy technician to perform the duty, task, or
function.
Subd. 2. Waivers
by board permitted. A pharmacist in
charge in a pharmacy may petition the board for authorization to allow a
pharmacist to supervise more than two three pharmacy technicians. The pharmacist's petition must include
provisions addressing the maintenance of how patient care and
safety will be maintained. A
petition filed with the board under this subdivision shall be deemed approved
90 days after the board receives the petition, unless the board denies the
petition within 90 days of receipt and notifies the petitioning pharmacist of
the petition's denial and the board's reasons for denial.
Subd. 3. Registration fee. The board shall not register an individual as a pharmacy technician unless all applicable fees specified in section 151.065 have been paid."
Delete the title and insert:
"A bill for an act relating to health; modifying definitions; increasing the permitted ratio of pharmacy technicians to pharmacists; increasing the size of the Board of Pharmacy; amending Minnesota Statutes 2014, sections 151.01, subdivisions 15a, 27; 151.02; 151.102."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1664, A bill for an act relating to taxation; MNsure; providing a contingent credit for health insurance coverage; requiring the state to transition to a federally facilitated exchange; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290; repealing Minnesota Statutes 2014, sections 62V.01; 62V.02; 62V.03; 62V.04; 62V.05; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; 62V.11.
Reported the same back with the following amendments:
Page 1, delete section 1
Page 3, after line 17, insert:
"Subd. 4. Contingent implementation. The commissioner shall not implement this section if the United States Supreme Court rules in King v. Burwell (No. 14-114) that persons obtaining qualified health plan coverage through a federally facilitated marketplace are not eligible for advanced premium tax credits."
Page 3, line 20, delete "2" and insert "1"
Page 3, line 23, after the period, insert "This repealer shall not take effect if the United States Supreme Court rules in King v. Burwell (No. 14-114) that persons obtaining qualified health plan coverage through a federally facilitated marketplace are not eligible for advanced premium tax credits."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, delete everything after the first semicolon
Page 1, line 3, delete "coverage;" and delete "exchange" and insert "marketplace under certain conditions"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Commerce and Regulatory Reform.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1665, A bill for an act relating to human services; repealing the MinnesotaCare program; requiring health carriers to offer MinnesotaCare II plans; providing cost-sharing reductions and premium subsidies for MinnesotaCare II enrollees; making conforming changes; appropriating money; amending Minnesota Statutes 2014, sections 62V.05, by adding a subdivision; 256.98, subdivision 1; 256B.021, subdivision 4; 270A.03, subdivision 5; 270B.14, subdivision 1; repealing Minnesota Statutes 2014, sections 13.461, subdivision 26; 16A.724, subdivision 3; 62A.046, subdivision 5; 256L.01, subdivisions 1, 1a, 1b, 2, 3, 3a, 5, 6, 7; 256L.02, subdivisions 1, 2, 3, 5, 6; 256L.03, subdivisions 1, 1a, 1b, 2, 3, 3a, 3b, 4, 4a, 5, 6; 256L.04, subdivisions 1, 1a, 1c, 2, 2a, 7, 7a, 7b, 8, 10, 12, 13, 14; 256L.05, subdivisions 1, 1a, 1b, 1c, 2, 3, 3a, 3c, 4, 5, 6; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, 4; 256L.09, subdivisions 1, 2, 4, 5, 6, 7; 256L.10; 256L.11, subdivisions 1, 2, 2a, 3, 4, 7; 256L.12; 256L.121; 256L.15, subdivisions 1, 1a, 1b, 2; 256L.18; 256L.22; 256L.24; 256L.26; 256L.28.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
McNamara from the Committee on Environment and Natural Resources Policy and Finance to which was referred:
H. F. No. 1704, A bill for an act relating to taxation; modifying eligibility for grants from revenue generated by lottery in lieu tax; amending Minnesota Statutes 2014, section 297A.94.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.
The report was adopted.
Kelly from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1715, A bill for an act relating to transportation; modifying various provisions impacting or enforced by the Department of Transportation; making technical changes; amending Minnesota Statutes 2014, sections 160.20, subdivision 4; 160.266, subdivisions 2, 3, by adding subdivisions; 161.321, subdivisions 2a, 2c, 4.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Civil Law and Data Practices.
The report was adopted.
Mack from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1936, A bill for an act relating to human services; requiring the commissioner of human services to contract with a vendor for eligibility verification audit services for public health care programs.
Reported the same back with the following amendments:
Page 2, line 7, after the period, insert "The contract must require the vendor to comply with enrollee data privacy requirements and to use encryption to safeguard enrollee identity. The contract must also provide penalties for vendor noncompliance."
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations and Elections Policy.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1326 and 1358 were read for the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The following House Files were introduced:
Peterson introduced:
H. F. No. 1983, A bill for an act relating to taxation; individual income; providing a toddler 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.
Laine, Kahn, Moran, Hausman, Wagenius, Bernardy, Bly and Persell introduced:
H. F. No. 1984, A bill for an act relating to the environment; requiring the Minnesota Sports Facilities Authority to make the stadium bird safe; amending Minnesota Statutes 2014, section 473J.11, subdivision 3.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Lenczewski introduced:
H. F. No. 1985, A bill for an act relating to taxation; sales and use and excise; repealing June accelerated payments; amending Minnesota Statutes 2014, sections 289A.18, subdivision 4; 289A.20, subdivision 4; 289A.60, subdivision 21; 297F.09, subdivisions 1, 2; 297F.25, subdivision 2; repealing Minnesota Statutes 2014, sections 289A.60, subdivision 15; 297F.09, subdivision 10; 297G.09, subdivision 9.
The bill was read for the first time and referred to the Committee on Taxes.
Dehn, R., introduced:
H. F. No. 1986, A bill for an act relating to state government; restructuring councils representing certain ethnic communities; creating a Department of Ethnic Affairs to strengthen three of the ethnic councils; transferring the ombudsperson program for families and children into the Department of Ethnic Affairs; appropriating money; amending Minnesota Statutes 2014, section 15.01; proposing coding for new law in Minnesota Statutes, chapter 3; proposing coding for new law as Minnesota Statutes, chapter 16F; repealing Minnesota Statutes 2014, sections 3.9223; 3.9225; 3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 257.0755; 257.076; 257.0761; 257.0762; 257.0763; 257.0764; 257.0765; 257.0766; 257.0767; 257.0768; 257.0769.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Hackbarth and Dill introduced:
H. F. No. 1987, A bill for an act relating to natural resources; providing for certain reallocation of base funding.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Schoen introduced:
H. F. No. 1988, A bill for an act relating to health; awarding a grant for diabetes prevention and education; appropriating money.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Erickson introduced:
H. F. No. 1989, A bill for an act relating to data practices; requiring towns to comply with certain data classifications; amending Minnesota Statutes 2014, section 13.202, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 365.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Loon introduced:
H. F. No. 1990, A bill for an act relating to education; providing for a digital student achievement backpack; proposing coding for new law in Minnesota Statutes, chapter 127A.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Pinto introduced:
H. F. No. 1991, A bill for an act relating to health; excluding certain providers from electronic health records requirement; amending Minnesota Statutes 2014, section 62J.495, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Slocum introduced:
H. F. No. 1992, A bill for an act relating to education; school boards; requiring a student member to serve on a school board; amending Minnesota Statutes 2014, section 123B.09, subdivision 1.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Drazkowski; Metsa; Nash; Dill; Anzelc; Newberger; Cornish; Garofalo; Swedzinski; Hertaus; Hackbarth; Rarick; Gunther; Hancock; Vogel; O'Neill; Franson; Baker; Uglem; Howe; Anderson, M.; Petersburg and Sanders introduced:
H. F. No. 1993, A bill for an act relating to firearms; clarifying law on use of force in defense of home and person; codifying and extending Minnesota's self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self-defense outside the home; expanding the boundaries of dwelling for purposes of self‑defense; creating a presumption in the case of a person entering a dwelling or occupied vehicle by stealth or force; extending the rights available to a person in that person's dwelling to a person defending against entry of that person's occupied vehicle; amending Minnesota Statutes 2014, section 609.065.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
Carlson, Davids, Davnie, McDonald and Loon introduced:
H. F. No. 1994, A bill for an act relating to taxation; sales and use; broadening the exemption for sales to nonprofit groups; amending Minnesota Statutes 2014, section 297A.70, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Erickson introduced:
H. F. No. 1995, A bill for an act relating to education; dissolving Special School District No. 1, Minneapolis; providing for the transition and operation of successor school districts; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 123A; repealing Minnesota Statutes 2014, sections 128D.01; 128D.02; 128D.03; 128D.04; 128D.05; 128D.06; 128D.07; 128D.08, subdivisions 1, 3, 4; 128D.09; 128D.10; 128D.11; 128D.12; 128D.13; 128D.14; 128D.15; 128D.16; 128D.17.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Heintzeman introduced:
H. F. No. 1996, A bill for an act relating to education; postsecondary; MnSCU course and credit policies; requiring a report; appropriating money.
The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.
Gunther introduced:
H. F. No. 1997, A bill for an act relating to retirement; Public Employees Retirement Association; permitting a Nashville Township employee to purchase service credit for a period of omitted contributions.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Moran introduced:
H. F. No. 1998, A bill for an act relating to judiciary; requiring automatic expungement of eviction orders; amending Minnesota Statutes 2014, section 484.014, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
Moran introduced:
H. F. No. 1999, A bill for an act relating to employment; appropriating money for a grant to YWCA St. Paul.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Moran introduced:
H. F. No. 2000, A bill for an act relating to housing; providing a grant for the community stabilization project; appropriating money.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Moran introduced:
H. F. No. 2001, A bill for an act relating to education; providing for student placement; amending Minnesota Statutes 2014, sections 122A.40, subdivision 8; 122A.41, subdivision 5.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Schoen introduced:
H. F. No. 2002, A bill for an act relating to the city of Cottage Grove; tax increment financing; extending the five-year rule for Tax Increment Financing District No. 1-12.
The bill was read for the first time and referred to the Committee on Taxes.
Schoen introduced:
H. F. No. 2003, A bill for an act relating to transportation; directing the commissioner of transportation to establish engineering qualification for bridge inspection team leaders.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Peterson; Anderson, P.; Moran; Nornes; Urdahl; Newton; Laine; Christensen and Hamilton introduced:
H. F. No. 2004, A bill for an act relating to education finance; establishing a global education to workforce initiative program; appropriating money.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Gruenhagen and Laine introduced:
H. F. No. 2005, A bill for an act relating to human services; modifying medical assistance coverage for chiropractic services; amending Minnesota Statutes 2014, section 256B.0625, subdivision 8e.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Dehn, R., and Clark introduced:
H. F. No. 2006, A bill for an act relating to higher education; regulating the disposition of research dogs and cats; amending Laws 2014, chapter 312, article 13, section 47.
The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.
Scott introduced:
H. F. No. 2007, A bill for an act relating to energy; amending the test for the cost-effectiveness of conservation programs; amending Minnesota Statutes 2014, section 216B.241, subdivision 1c.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Laine and Newton introduced:
H. F. No. 2008, A bill for an act relating to local government; requiring designation of a qualified newspaper with the highest circulation in specified circumstances; amending Minnesota Statutes 2014, section 331A.04, subdivisions 2, 3, 4.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Smith, Hoppe and Lillie introduced:
H. F. No. 2009, A bill for an act relating to commerce; regulating health coverages; modifying coverages; amending Minnesota Statutes 2014, sections 62A.3075; 62A.65, subdivision 3; 62L.05, subdivision 9; 62L.08, by adding a subdivision; 62Q.18; 62Q.73, subdivision 3.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Laine introduced:
H. F. No. 2010, A bill for an act relating to commerce; requiring an insurer to respond to an agent's request for reasons for an increase in premiums for a customer; proposing coding for new law in Minnesota Statutes, chapter 60A.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Lenczewski introduced:
H. F. No. 2011, A bill for an act relating to drainage; providing authority for drainage authorities to receive and use funds for watershed-based planning and implementation; amending Minnesota Statutes 2014, section 103E.011, subdivision 5.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Knoblach, Liebling, Norton, Miller and Gunther introduced:
H. F. No. 2012, A bill for an act relating to vocational rehabilitation; appropriating money for seniors who are becoming blind.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Knoblach and Carlson introduced:
H. F. No. 2013, A bill for an act relating to state government; requiring a recession estimate for the state forecast in certain circumstances; amending Minnesota Statutes 2014, section 16A.103, by adding a subdivision.
The bill was read for the first time and referred to the Committee on State Government Finance.
Petersburg introduced:
H. F. No. 2014, A bill for an act relating to transportation; providing for appeal process for denial or revocation of driveway permit by commissioner of transportation; amending Minnesota Statutes 2014, section 160.18, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
O'Driscoll, Sanders and Albright introduced:
H. F. No. 2015, A bill for an act relating to campaign finance; amending prorating method for contributions or use of general treasury money; modifying definition of expressly advocating; providing for disclosure of electioneering communications; providing penalties; amending Minnesota Statutes 2014, sections 10A.01, subdivision 16a; 10A.121, subdivision 1; 10A.20, subdivision 3; 10A.244; 10A.25, subdivision 3a; 10A.27, subdivision 15; proposing coding for new law in Minnesota Statutes, chapter 10A.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Backer, Swedzinski, Dill, Anzelc, Schomacker, Marquart and Miller introduced:
H. F. No. 2016, A bill for an act relating to taxation; local government aid; modifying county program aid; appropriating money; amending Minnesota Statutes 2014, sections 477A.0124, subdivision 4; 477A.03, subdivision 2b.
The bill was read for the first time and referred to the Committee on Taxes.
MOTIONS AND RESOLUTIONS
Yarusso moved that her name be stricken as an author on H. F. No. 195. The motion prevailed.
Ward moved that her name be stricken as an author on H. F. No. 195. The motion prevailed.
O'Neill moved that the name of Norton be added as an author on H. F. No. 551. The motion prevailed.
Zerwas moved that the name of Torkelson be added as an author on H. F. No. 559. The motion prevailed.
Albright moved that the name of Torkelson be added as an author on H. F. No. 560. The motion prevailed.
Wills moved that the name of Pinto be added as an author on H. F. No. 581. The motion prevailed.
Dettmer moved that the name of Kahn be added as an author on H. F. No. 841. The motion prevailed.
Hertaus moved that the name of Newton be added as an author on H. F. No. 1048. The motion prevailed.
Franson moved that the name of Allen be added as an author on H. F. No. 1057. The motion prevailed.
Atkins moved that the name of Hoppe be added as an author on H. F. No. 1167. The motion prevailed.
Laine moved that the name of Nash be added as an author on H. F. No. 1353. The motion prevailed.
Hackbarth moved that the name of Gruenhagen be added as an author on H. F. No. 1354. The motion prevailed.
Clark moved that the name of Davnie be added as an author on H. F. No. 1396. The motion prevailed.
Marquart moved that his name be stricken as an author on H. F. No. 1424. The motion prevailed.
Drazkowski moved that the name of Miller be added as an author on H. F. No. 1450. The motion prevailed.
Selcer moved that the name of Newton be added as an author on H. F. No. 1492. The motion prevailed.
Miller moved that the name of Nash be added as an author on H. F. No. 1546. The motion prevailed.
Mariani moved that the name of Bennett be added as an author on H. F. No. 1629. The motion prevailed.
Backer moved that the name of Zerwas be added as an author on H. F. No. 1632. The motion prevailed.
Christensen moved that the name of Dettmer be added as an author on H. F. No. 1636. The motion prevailed.
Baker moved that the name of Persell be added as an author on H. F. No. 1651. The motion prevailed.
Pierson moved that the name of Wills be added as an author on H. F. No. 1714. The motion prevailed.
Allen moved that the name of Murphy, E., be added as an author on H. F. No. 1767. The motion prevailed.
Winkler moved that the name of Kahn be added as an author on H. F. No. 1861. The motion prevailed.
Isaacson moved that the name of Kahn be added as an author on H. F. No. 1897. The motion prevailed.
Wills moved that the name of Kahn be added as an author on H. F. No. 1941. The motion prevailed.
Lillie moved that the name of Kahn be added as an author on H. F. No. 1946. The motion prevailed.
Hausman moved that the names of Peterson and Wills be added as authors on H. F. No. 1954. The motion prevailed.
Norton moved that H. F. No. 512 be recalled from the Committee on Health and Human Services Finance and be re-referred to the Committee on Government Operations and Elections Policy. The motion prevailed.
Erhardt moved that H. F. No. 1875 be recalled from the Committee on Transportation Policy and Finance and be re-referred to the Committee on Higher Education Policy and Finance. The motion prevailed.
Loeffler moved that H. F. No. 1982 be recalled from the Committee on Taxes and be re-referred to the Committee on Health and Human Services Reform. The motion prevailed.
ADJOURNMENT
Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 19, 2015. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and Speaker pro tempore O'Driscoll declared the House stands adjourned until 3:30 p.m., Thursday, March 19, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives