Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 987

 

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 988

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."


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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:


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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;


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 991

(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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 992

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.


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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


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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


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(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.


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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;


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(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.


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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;


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(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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1000

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.


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(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:


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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.


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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.


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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.


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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."


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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:


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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.


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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.


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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.


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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.


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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;


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(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


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(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


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(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;


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(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.


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(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


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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"


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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.


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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.


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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.


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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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1022

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);


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1023

(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


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1024

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."


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1025

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1026

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:


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1027

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1028

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1029

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1030

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1031

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1032

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.


Journal of the House - 30th Day - Wednesday, March 18, 2015 - Top of Page 1033

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.


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           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