Journal of the House - 79th Day - Wednesday, April 6, 2016

A quorum was present.

Hackbarth, Hortman, Mack, Melin, Mullery, Slocum, Smith and Thissen 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.

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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. 71, A bill for an act relating to public safety; creating an enhanced penalty for criminal vehicular homicide occurring within ten years of a qualified offense; amending Minnesota Statutes 2014, sections 609.2111; 609.2112, subdivision 1; 609.2114, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 609.2111, is amended to read:

609.2111 DEFINITIONS.

(a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision have the meanings given them.

(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes attached trailers.

(d) "Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.

(e) "Qualified prior driving offense" includes a prior conviction:

(1) for a violation of section 169A.20 under the circumstances described in section 169A.24 or 169A.25;

(2) under section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision 1, clauses (2) to (6); or 2, clauses (2) to (6);

(3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or

(4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, clauses (2) to (6).

EFFECTIVE DATE. This section is effective August 1, 2016, and applies to crimes committed on or after that date.

Sec. 2. Minnesota Statutes 2014, section 609.2112, subdivision 1, is amended to read:

Subdivision 1. Criminal vehicular homicide. (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

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(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.

EFFECTIVE DATE. This section is effective August 1, 2016, and applies to crimes committed on or after that date.

Sec. 3. Minnesota Statutes 2014, section 609.2114, subdivision 1, is amended to read:

Subdivision 1. Death to an unborn child. (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of an unborn child as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

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(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

EFFECTIVE DATE. This section is effective August 1, 2016, and applies to crimes committed on or after that date."

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

The report was adopted.

Kelly from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 1018, A bill for an act relating to transportation; providing for nondomiciled commercial driver's licenses and permits; amending Minnesota Statutes 2014, sections 171.02, by adding a subdivision; 171.06, subdivision 3; 171.07, subdivision 1b.

Reported the same back with the following amendments:

Page 1, line 18, after "enactment" insert ", and applies to applications submitted on or after the day after the commissioner has entered into a new contract and has coordinated production of a new license and card design with modifications required by law"

Page 3, line 14, after "enactment" insert ", and applies to applications submitted on or after the day after the commissioner has entered into a new contract and has coordinated production of a new license and card design with modifications required by law"

Page 3, line 21, after "enactment" insert ", and applies to applications submitted on or after the day after the commissioner has entered into a new contract and has coordinated production of a new license and card design with modifications required by law"

Page 3, after line 21, insert:

"Sec. 4. NONDOMICILED COMMERCIAL LEARNER'S PERMIT AND COMMERCIAL DRIVER'S LICENSE.

(a) The commissioner of public safety may designate and clearly mark a commercial learner's permit or commercial driver's license with the word "nondomiciled" for a permit holder or a license holder who:

(1) is domiciled in a foreign jurisdiction; and

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(2) otherwise meets the requirements to obtain a commercial permit or license under Minnesota Statutes, chapter 171.

(b) A permit or license must not be deemed invalid because it is marked "nondomiciled."

EFFECTIVE DATE. This section is effective the day following final enactment. Paragraph (a) expires on the day after the commissioner has entered into a new contract and has coordinated production of a new license and card design with modifications required by law. The commissioner of public safety shall notify the revisor of statutes immediately upon expiration of paragraph (a)."

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

The report was adopted.

Kelly from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 1182, A bill for an act relating to game and fish; requiring online applications for hunting and fishing licenses to provide for organ donation; requiring a report; amending Minnesota Statutes 2014, sections 13.7931, subdivision 6; 171.075, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97A.

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 1333, A bill for an act relating to civil law; allowing for modification of spousal maintenance based on the cohabitation of the obligee; amending Minnesota Statutes 2014, section 518.552, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, line 16, after the semicolon, insert "and"

Page 1, line 18, delete "; and" and insert a period

Page 1, delete lines 19 and 20

Page 1, line 21, delete "There shall be a presumption against modifying the" and insert "The court shall not modify a"

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

The report was adopted.

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Kelly from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 1422, A bill for an act relating to transportation; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, section 169.686, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 13, delete the new language and reinstate the stricken language

Page 1, line 18, after the period, insert "This paragraph does not apply to (1) a school bus, including a type III vehicle; and (2) a Head Start bus, including a type III Head Start vehicle."

Page 1, line 19, delete "2015" and insert "2016"

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 2344, A bill for an act relating to health; regulating the practice of orthotics, prosthetics, and pedorthics; requiring licensure; establishing fees; proposing coding for new law as Minnesota Statutes, chapter 153B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [153B.10] SHORT TITLE.

Chapter 153B may be cited as the "Minnesota Orthotist, Prosthetist, and Pedorthist Practice Act."

Sec. 2. [153B.15] DEFINITIONS.

Subdivision 1. Application. For purposes of this act, the following words have the meanings given.

Subd. 2. Advisory council. "Advisory council" means the Orthotics, Prosthetics, and Pedorthics Advisory Council established under section 153B.25.

Subd. 3. Board. "Board" means the Board of Podiatric Medicine.

Subd. 4. Custom-fabricated device. "Custom-fabricated device" means an orthosis, prosthesis, or pedorthic device for use by a patient that is fabricated to comprehensive measurements or a mold or patient model in accordance with a prescription and which requires on-site or in-person clinical and technical judgment in its design, fabrication, and fitting.

Subd. 5. Licensed orthotic-prosthetic assistant. "Licensed orthotic-prosthetic assistant" or "assistant" means a person, licensed by the board, who is educated and trained to participate in comprehensive orthotic and prosthetic care while under the supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic and

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prosthetic procedures and related tasks in the management of patient care. The assistant may fabricate, repair, and maintain orthoses and prostheses. The use of the title "orthotic-prosthetic assistant" or representations to the public is limited to a person who is licensed under this chapter as an orthotic-prosthetic assistant.

Subd. 6. Licensed orthotic fitter. "Licensed orthotic fitter" or "fitter" means a person licensed by the board who is educated and trained in providing certain orthoses, and is trained to conduct patient assessments, formulate treatment plans, implement treatment plans, perform follow-up, and practice management pursuant to a prescription. An orthotic fitter must be competent to fit certain custom-fitted, prefabricated, and off-the-shelf orthoses as follows:

(1) cervical orthoses, except those used to treat an unstable cervical condition;

(2) prefabricated orthoses for the upper and lower extremities, except those used in:

(i) the initial or acute treatment of long bone fractures and dislocations;

(ii) therapeutic shoes and inserts needed as a result of diabetes; and

(iii) functional electrical stimulation orthoses;

(3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or unstable spinal conditions, including halo cervical orthoses; and

(4) trusses.

The use of the title "orthotic fitter" or representations to the public is limited to a person who is licensed under this chapter as an orthotic fitter.

Subd. 7. Licensed orthotist. "Licensed orthotist" means a person licensed by the board who is educated and trained to practice orthotics, which includes managing comprehensive orthotic patient care pursuant to a prescription. The use of the title "orthotist" or representations to the public is limited to a person who is licensed under this chapter as an orthotist.

Subd. 8. Licensed pedorthist. "Licensed pedorthist" means a person licensed by the board who is educated and trained to manage comprehensive pedorthic patient care and who performs patient assessments, formulates and implements treatment plans, and performs follow-up and practice management pursuant to a prescription. A pedorthist may fit, fabricate, adjust, or modify devices within the scope of the pedorthist's education and training. Use of the title "pedorthist" or representations to the public is limited to a person who is licensed under this chapter as a pedorthist.

Subd. 9. Licensed prosthetist. "Licensed prosthetist" means a person licensed by the board who is educated and trained to manage comprehensive prosthetic patient care, and who performs patient assessments, formulates and implements treatment plans, and performs follow-up and practice management pursuant to a prescription. Use of the title "prosthetist" or representations to the public is limited to a person who is licensed under this chapter as a prosthetist.

Subd. 10. Licensed prosthetist orthotist. "Licensed prosthetist orthotist" means a person licensed by the board who is educated and trained to manage comprehensive prosthetic and orthotic patient care, and who performs patient assessments, formulates and implements treatment plans, and performs follow-up and practice management pursuant to a prescription. Use of the title "prosthetist orthotist" or representations to the public is limited to a person who is licensed under this chapter as a prosthetist orthotist.

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Subd. 11. NCOPE. "NCOPE" means National Commission on Orthotic and Prosthetic Education, an accreditation program that ensures educational institutions and residency programs meet the minimum standards of quality to prepare individuals to enter the orthotic, prosthetic, and pedorthic professions.

Subd. 12. Orthosis. "Orthosis" means an external device that is custom-fabricated or custom-fitted to a specific patient based on the patient's unique physical condition and is applied to a part of the body to help correct a deformity, provide support and protection, restrict motion, improve function, or relieve symptoms of a disease, syndrome, injury, or postoperative condition.

Subd. 13. Orthotics. "Orthotics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis pursuant to a prescription. The practice of orthotics includes providing the initial training necessary for fitting an orthotic device for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.

Subd. 14. Over-the-counter. "Over-the-counter" means a prefabricated, mass-produced item that is prepackaged, requires no professional advice or judgment in size selection or use, and is currently available at retail stores without a prescription. Over-the-counter items are not regulated by this act.

Subd. 15. Off-the-shelf. "Off-the-shelf" means a prefabricated device sized or modified for the patient's use pursuant to a prescription and which requires changes to be made by a qualified practitioner to achieve an individual fit, such as requiring the item to be trimmed, bent, or molded with or without heat, or requiring any other alterations beyond self adjustment.

Subd. 16. Pedorthic device. "Pedorthic device" means below-the-ankle partial foot prostheses for transmetatarsal and more distal amputations, foot orthoses, and subtalar-control foot orthoses to control the range of motion of the subtalar joint. A prescription is required for any pedorthic device, modification, or prefabricated below-the-knee orthosis addressing a medical condition that originates at the ankle or below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or prefabricated foot care products.

Subd. 17. Pedorthics. "Pedorthics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device pursuant to a prescription for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice of pedorthics includes providing patient care and services pursuant to a prescription to prevent or ameliorate painful or disabling conditions of the foot and ankle.

Subd. 18. Prescription. "Prescription" means an order deemed medically necessary by a physician, podiatric physician, osteopathic physician, or a licensed health care provider who has authority in this state to prescribe orthotic and prosthetic devices, supplies, and services.

Subd. 19. Prosthesis. "Prosthesis" means a custom-designed, fabricated, fitted, or modified device to treat partial or total limb loss for purposes of restoring physiological function or cosmesis. Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; external breast prosthesis; or cosmetic devices that do not have a significant impact on the musculoskeletal functions of the body.

Subd. 20. Prosthetics. "Prosthetics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis pursuant to a prescription. It includes providing the initial training necessary to fit a prosthesis in order to replace external parts of a human body lost due to amputation, congenital deformities, or absence.

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Subd. 21. Resident. "Resident" means a person who has completed a NCOPE-approved education program in orthotics or prosthetics and is receiving clinical training in a residency accredited by NCOPE.

Subd. 22. Residency. "Residency" means a minimum of an NCOPE-approved program to acquire practical clinical training in orthotics and prosthetics in a patient care setting.

Subd. 23. Supervisor. "Supervisor" means the licensed orthotist, prosthetist, or pedorthist who oversees and is responsible for the delivery of appropriate, effective, ethical, and safe orthotic, prosthetic, or pedorthic patient care.

Sec. 3. [153B.20] EXCEPTIONS.

Nothing in this chapter shall prohibit:

(1) a physician, osteopathic physician, or podiatric physician licensed by the state of Minnesota from providing services within the physician's scope of practice;

(2) a professional regulated in this state, including but not limited to physical therapists and occupational therapists, from providing services within the professional's scope of practice;

(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties;

(4) the practice of orthotics, prosthetics, or pedorthics by:

(i) a student enrolled in an accredited or approved orthotics, prosthetics, or pedorthics education program who is performing activities required by the program;

(ii) a resident enrolled in an NCOPE-accredited residency program; or

(iii) a person working in a qualified, supervised work experience or internship who is obtaining the clinical experience necessary for licensure under this chapter; or

(5) an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is licensed in another state or territory of the United States or in another country that has equivalent licensure requirements as approved by the board from providing services within the professional's scope of practice subject to this paragraph, if the individual is qualified and has applied for licensure under this chapter. The individual shall be allowed to practice for no longer than six months following the filing of the application for licensure, unless the individual withdraws the application for licensure or the board denies the license.

Sec. 4. [153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.

Subdivision 1. Creation; membership. (a) There is established an Orthotics, Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members appointed by the board. Five members shall be licensed and practicing orthotists, prosthetists, or pedorthists. Each profession shall be represented on the advisory council. One member shall be a Minnesota-licensed doctor of podiatric medicine who is also a member of the Board of Podiatric Medicine, and one member shall be a public member.

(b) The council shall be organized and administered under section 15.059.

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Subd. 2. Duties. The advisory council shall:

(1) advise the board on enforcement of the provisions contained in this chapter;

(2) review reports of investigations or complaints relating to individuals and make recommendations to the board as to whether a license should be denied or disciplinary action taken against an individual;

(3) advise the board regarding standards for licensure of professionals under this chapter; and

(4) perform other duties authorized for advisory councils by chapter 214, as directed by the board.

Subd. 3. Chair. The council must elect a chair from among its members.

Subd. 4. Administrative provisions. The Board of Podiatric Medicine must provide meeting space and administrative services for the council.

Sec. 5. [153B.30] LICENSURE.

Subdivision 1. Application. An application for a license shall be submitted to the board in the format required by the board and shall be accompanied by the required fee, which is nonrefundable.

Subd. 2. Qualifications. (a) To be eligible for licensure as an orthotist, prosthetist, or prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation requirements in effect at the time of the individual's application for licensure and be in good standing with the certifying board.

(b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.

(c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall meet the orthotic or prosthetic assistant certification requirements of the American Board for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.

(d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the orthotic fitter certification requirements of either the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect at the time of the individual's application for licensure and be in good standing with the certifying board.

Subd. 3. License term. A license to practice is valid for a term of up to 24 months beginning on January 1 or commencing after initially fulfilling the license requirements and ending on December 31 of the following year.

Sec. 6. [153B.35] EMPLOYMENT BY AN ACCREDITED FACILITY; SCOPE OF PRACTICE.

A licensed orthotist, prosthetist, pedorthist, assistant, or orthotic fitter may provide limited, supervised patient care services beyond their licensed scope of practice if all of the following conditions are met:

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(1) the licensee is employed by a patient care facility that is accredited by a national accrediting organization in orthotics, prosthetics, and pedorthics;

(2) written objective criteria are documented by the accredited facility to describe the knowledge and skills required by the licensee to demonstrate competency to provide additional specific and limited patient care services that are outside the licensee's scope of practice;

(3) the licensee provides patient care only at the direction of a supervisor who is licensed as an orthotist, pedorthist, or prosthetist who is employed by the facility to provide the specific patient care or services that are outside the licensee's scope of practice; and

(4) the supervised patient care occurs in compliance with facility accreditation standards.

Sec. 7. [153B.40] CONTINUING EDUCATION.

Subdivision 1. Requirement. Each licensee shall obtain the number of continuing education hours required by the certifying board to maintain certification status pursuant to the specific license category.

Subd. 2. Proof of attendance. A licensee must submit to the board proof of attendance at approved continuing education programs during the license renewal period in which it was attended in the form of a certificate, statement of continuing education credits from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation, descriptive receipt, or affidavit. The board may conduct random audits.

Subd. 3. Extension of continuing education requirements. For good cause, a licensee may apply to the board for a six-month extension of the deadline for obtaining the required number of continuing education credits. No more than two consecutive extensions may be granted. For purposes of this subdivision, "good cause" includes unforeseen hardships such as illness, family emergency, or military call-up.

Sec. 8. [153B.45] LICENSE RENEWAL.

Subdivision 1. Submission of license renewal application. A licensee must submit to the board a license renewal application on a form provided by the board together with the license renewal fee. The completed form must be postmarked no later than January 1 in the year of renewal. The form must be signed by the licensee in the place provided for the renewal applicant's signature, include evidence of participation in approved continuing education programs, and any other information as the board may reasonably require.

Subd. 2. Renewal application postmarked after January 1. A renewal application postmarked after January 1 in the renewal year shall be returned to the licensee for addition of the late renewal fee. A license renewal application postmarked after January 1 in the renewal year is not complete until the late renewal fee has been received by the board.

Subd. 3. Failure to submit renewal application. (a) At any time after January 1 of the applicable renewal year, the board shall send notice to a licensee who has failed to apply for license renewal. The notice shall be mailed to the licensee at the last address on file with the board and shall include the following information:

(1) that the licensee has failed to submit application for license renewal;

(2) the amount of renewal and late fees;

(3) information about continuing education that must be submitted in order for the license to be renewed;

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(4) that the licensee must respond within 30 calendar days after the notice was sent by the board; and

(5) that the licensee may voluntarily terminate the license by notifying the board or may apply for license renewal by sending the board a completed renewal application, license renewal and late fees, and evidence of compliance with continuing education requirements.

(b) Failure by the licensee to notify the board of the licensee's intent to voluntarily terminate the license or to submit a license renewal application shall result in expiration of the license and termination of the right to practice. The expiration of the license and termination of the right to practice shall not be considered disciplinary action against the licensee.

Sec. 9. [153B.50] NAME AND ADDRESS CHANGE.

(a) A licensee who has changed names must notify the board in writing within 90 days and request a revised license. The board may require official documentation of the legal name change.

(b) A licensee must maintain with the board a correct mailing address to receive board communications and notices. A licensee who has changed addresses must notify the board in writing within 90 days. Mailing a notice by United States mail to a licensee's last known mailing address constitutes valid mailing.

Sec. 10. [153B.55] INACTIVE STATUS.

(a) A licensee who notifies the board in the format required by the board may elect to place the licensee's credential on inactive status and shall be excused from payment of renewal fees until the licensee notifies the board in the format required by the board of the licensee's plan to return to practice.

(b) A person requesting restoration from inactive status shall be required to pay the current renewal fee and comply with section 153B.45.

Sec. 11. [153B.60] LICENSE LAPSE DUE TO MILITARY SERVICE.

A licensee whose license has expired while on active duty in the armed forces of the United States, with the National Guard while called into service or training, or while in training or education preliminary to induction into military service may have the licensee's license renewed or restored without paying a late fee or license restoration fee if the licensee provides verification to the board within two years of the termination of service obligation.

Sec. 12. [153B.65] ENDORSEMENT.

The board may license, without examination and on payment of the required fee, an applicant who is an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is certified by the American Board for Certification in Orthotics, Prosthetics, and Pedorthics or a national certification organization with educational, experiential, and testing standards equal to or higher than the licensing requirements in Minnesota.

Sec. 13. [153B.70] GROUNDS FOR DISCIPLINARY ACTION.

(a) The board may refuse to issue or renew a license, revoke or suspend a license, or place on probation or reprimand a licensee for one or any combination of the following:

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(1) making a material misstatement in furnishing information to the board;

(2) violating or intentionally disregarding the requirements of this chapter;

(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the profession. Conviction, as used in this clause, includes a conviction of an offense which, if committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered;

(4) making a misrepresentation in order to obtain or renew a license;

(5) displaying a pattern of practice or other behavior that demonstrates incapacity or incompetence to practice;

(6) aiding or assisting another person in violating the provisions of this chapter;

(7) failing to provide information within 60 days in response to a written request from the board, including documentation of completion of continuing education requirements;

(8) engaging in dishonorable, unethical, or unprofessional conduct;

(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;

(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or physical illness;

(11) being disciplined by another state or territory of the United States, the federal government, a national certification organization, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to one of the grounds in this section;

(12) directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered;

(13) incurring a finding by the board that the licensee, after the licensee has been placed on probationary status, has violated the conditions of the probation;

(14) abandoning a patient or client;

(15) willfully making or filing false records or reports in the course of the licensee's practice including, but not limited to, false records or reports filed with state or federal agencies;

(16) willfully failing to report child maltreatment as required under the Maltreatment of Minors Act, section 626.556; or

(17) soliciting professional services using false or misleading advertising.

(b) A license to practice is automatically suspended if (1) a guardian of a licensee is appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant to chapter 253B. The license remains suspended until the licensee is restored to capacity by a court and, upon petition by the licensee, the suspension is terminated by the board after a hearing. The licensee may be reinstated to practice, either with or without restrictions, by demonstrating clear and convincing evidence of rehabilitation. The regulated person is not required to prove rehabilitation if the subsequent court decision overturns previous court findings of public risk.

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(c) If the board has probable cause to believe that a licensee or applicant has violated paragraph (a), clause (10), it may direct the person to submit to a mental or physical examination. For the purpose of this section, every person is deemed to have consented to submit to a mental or physical examination when directed in writing by the board and to have waived all objections to the admissibility of the examining physician's testimony or examination report on the grounds that the testimony or report constitutes a privileged communication. Failure of a regulated person to submit to an examination when directed constitutes an admission of the allegations against the person, unless the failure was due to circumstances beyond the person's control, in which case a default and final order may be entered without the taking of testimony or presentation of evidence. A regulated person affected under this paragraph shall at reasonable intervals be given an opportunity to demonstrate that the person can resume the competent practice of the regulated profession with reasonable skill and safety to the public. In any proceeding under this paragraph, neither the record of proceedings nor the orders entered by the board shall be used against a regulated person in any other proceeding.

(d) In addition to ordering a physical or mental examination, the board may, notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or other health data, obtain medical data and health records relating to a licensee or applicant without the person's or applicant's consent if the board has probable cause to believe that a licensee is subject to paragraph (a), clause (10). The medical data may be requested from a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a government agency, including the Department of Human Services. A provider, insurance company, or government agency shall comply with any written request of the board under this subdivision and is not liable in any action for damages for releasing the data requested by the board if the data are released pursuant to a written request under this subdivision, unless the information is false and the provider giving the information knew, or had reason to know, the information was false. Information obtained under this subdivision is private data on individuals as defined in section 13.02.

(e) If the board issues an order of immediate suspension of a license, a hearing must be held within 30 days of the suspension and completed without delay.

Sec. 14. [153B.75] INVESTIGATION; NOTICE AND HEARINGS.

The board has the authority to investigate alleged violations of this chapter, conduct hearings, and impose corrective or disciplinary action as provided in section 214.103.

Sec. 15. [153B.80] UNLICENSED PRACTICE.

Subdivision 1. License required. Effective January 1, 2018, no individual shall practice as an orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic assistant, or orthotic fitter, unless the individual holds a valid license issued by the board under this chapter, except as permitted under section 153B.20 or 153B.35.

Subd. 2. Designation. No individual shall represent themselves to the public as a licensed orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic assistant, or an orthotic fitter, unless the individual is licensed under this chapter.

Subd. 3. Penalties. Any individual who violates this section is guilty of a misdemeanor. The board shall have the authority to seek a cease and desist order against any individual who is engaged in the unlicensed practice of a profession regulated by the board under this chapter.

Sec. 16. [153B.85] FEES.

(a) The application fee for initial licensure shall not exceed $600.

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(b) The biennial renewal fee for a license to practice as an orthotist, prosthetist, prosthetist orthotist, or pedorthist shall not exceed $600.

(d) For the first renewal period following initial licensure, the renewal fee is the fee specified in paragraph (b) or (c), prorated to the nearest dollar that is represented by the ratio of the number of days the license is held in the initial licensure period to 730 days.

(e) The fee for license restoration shall not exceed $600.

(f) The fee for late license renewal is the license renewal fee in effect at the time of renewal plus $100.

(g) The fee for license verification shall not exceed $30.

(h) The fee to obtain a list of licensees shall not exceed $25.

(i) No fee may be refunded for any reason.

Sec. 17. FIRST APPOINTMENTS, FIRST MEETING, AND FIRST CHAIR OF THE ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.

The Board of Podiatric Medicine shall make its first appointments authorized under Minnesota Statutes, section 153B.25, to the Orthotics, Prosthetics, and Pedorthics Advisory Council, by September 1, 2016. The board shall designate four of its first appointees to serve terms that are coterminous with the governor. The chair of the Board of Podiatric Medicine or the chair's designee shall convene the first meeting of the council by November 1, 2016. The council must elect a chair from among its members at the first meeting of the council.

Sec. 18. EFFECTIVE DATE.

Sections 1 to 17 are effective July 1, 2016."

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.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 2554, A bill for an act relating to crime; clarifying military member and adding veterans to offense of impersonation; amending Minnesota Statutes 2014, section 609.475.

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

The report was adopted.

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Dettmer from the Veterans Affairs Division to which was referred:

H. F. No. 2624, A bill for an act relating to transportation; allowing military personnel on active duty outside Minnesota to retake failed road test before termination of practice period; amending Minnesota Statutes 2014, section 171.13, by adding a subdivision.

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.

Anderson, S., from the Committee on State Government Finance to which was referred:

H. F. No. 2841, A bill for an act relating to solid waste; providing for management of metropolitan landfill contingency action trust account; amending Minnesota Statutes 2014, section 473.845, subdivision 1.

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 2845, A bill for an act relating to game and fish; modifying penalties for gross overlimits; providing criminal penalties; amending Minnesota Statutes 2014, sections 97A.201, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.421, subdivision 2a.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2014, section 97A.201, subdivision 2, is amended to read:

Subd. 2. Duty of ~~county attorneys and~~ peace officers. ~~County attorneys and~~ All peace officers must enforce the game and fish laws.

Sec. 2. Minnesota Statutes 2014, section 97A.201, is amended by adding a subdivision to read:

Subd. 3. Prosecuting authority. (a) County attorneys are the primary prosecuting authority for violations under section 97A.205, clause (5).

(b) Prosecution under paragraph (a) includes associated civil forfeiture actions provided by law.

Sec. 3. Minnesota Statutes 2014, section 97A.301, subdivision 1, is amended to read:

Subdivision 1. Misdemeanor. Unless a different penalty is prescribed, a person is guilty of a misdemeanor if that person:

(1) takes, buys, sells, transports or possesses a wild animal in violation of the game and fish laws;

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(2) aids or assists in committing the violation;

(3) knowingly shares in the proceeds of the violation;

(4) fails to perform a duty or comply with a requirement of the game and fish laws;

(5) knowingly makes a false statement related to an affidavit regarding a violation or requirement of the game and fish laws; or

(6) violates or attempts to violate a rule under the game and fish laws.

Sec. 4. Minnesota Statutes 2014, section 97A.338, is amended to read:

97A.338 GROSS OVERLIMITS OF WILD ANIMALS; PENALTY.

(a) A person who takes, possesses, or transports wild animals over the legal limit, in closed season, or without a valid license, when the restitution value of the wild animals is over $1,000 is guilty of a gross overlimit violation. A violation under this section is a gross misdemeanor.

(b) If a wild animal involved in the violation under this section is listed as a threatened or endangered wild animal, the penalty in paragraph (a) does not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws.

Sec. 5. Minnesota Statutes 2014, section 97A.420, subdivision 1, is amended to read:

Subdivision 1. Seizure. (a) An enforcement officer shall immediately seize the license of a person who unlawfully takes, transports, or possesses wild animals when the restitution value of the wild animals exceeds $500. Except as provided in subdivisions 2, 4, and 5, the person may not use or obtain any license to take the same type of wild animals involved, including a duplicate license, until an action is taken under subdivision 6. If the license seized under this paragraph was for a big game animal, the license seizure applies to all licenses to take big game issued to the individual. If the license seized under this paragraph was for small game animals, the license seizure applies to all licenses to take small game issued to the individual.

(b) In addition to the license seizure under paragraph (a), if the restitution value of the wild animals unlawfully taken, possessed, or transported is ~~$5,000~~ $1,000 or more, all other game and fish licenses held by the person shall be immediately seized. Except as provided in subdivision 2, 4, or 5, the person may not obtain any game or fish license or permit, including a duplicate license, until an action is taken under subdivision 6.

(c) A person may not take wild animals covered by a license seized under this subdivision until an action is taken under subdivision 6.

Sec. 6. Minnesota Statutes 2014, section 97A.421, subdivision 2a, is amended to read:

Subd. 2a. License revocation after conviction. (a) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for a period of ten years after the date of conviction of a violation when the restitution value of the wild animals is $2,000 or more.

(b) A person may not obtain a license to take a wild animal and is prohibited from taking wild animals for a period of five years after the date of conviction of:

(1) a violation when the restitution value of the wild animals is ~~$5,000~~ $1,000 or more, but less than $2,000; or

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(2) a violation when the restitution value of the wild animals exceeds $500 and the violation occurs within ten years of one or more previous license revocations under this ~~subdivision~~ paragraph.

~~(b)~~ (c) A person may not obtain a license to take the type of wild animals involved in a violation when the restitution value of the wild animals exceeds $500 and is prohibited from taking the type of wild animals involved in the violation for a period of three years after the date of conviction of a violation.

~~(c)~~ (d) The time period of multiple revocations under paragraph (a), or (b), clause (2), shall be consecutive and no wild animals of any kind may be taken during the entire period.

(e) If a wild animal involved in the conviction is listed as a threatened or endangered wild animal, the revocations specified under this subdivision do not apply unless more than one animal is taken, possessed, or transported in violation of the game and fish laws.

~~(d)~~ (f) The court may not stay or reduce the imposition of license revocation provisions under this subdivision."

Delete the title and insert:

"A bill for an act relating to game and fish; modifying penalties for gross overlimits; providing for enforcement; amending Minnesota Statutes 2014, sections 97A.201, subdivision 2, by adding a subdivision; 97A.301, subdivision 1; 97A.338; 97A.420, subdivision 1; 97A.421, subdivision 2a."

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

The report was adopted.

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

H. F. No. 2946, A bill for an act relating to game and fish; providing game and fish resident licenses for nonresident National Guard members; amending Minnesota Statutes 2014, section 97A.465, by adding a subdivision.

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

The report was adopted.

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

H. F. No. 2976, A bill for an act relating to public safety; increasing penalties for attempting to hire a minor for prostitution; amending Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1.

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

The report was adopted.

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Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 2993, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; modifying provisions for Legislative-Citizen Commission on Minnesota Resources; adding requirements for use of trust fund money; amending Minnesota Statutes 2014, sections 116P.05, subdivision 1; 116P.08, subdivision 4; Minnesota Statutes 2015 Supplement, sections 116P.05, subdivision 2; 116P.08, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 116P.

Reported the same back with the following amendments:

Page 31, delete lines 4 to 13 and insert:

"$2,200,000 the second year is from the trust fund to the commissioner of transportation to restore and enhance wildlife habitat along trunk highways, including: marked Interstate Highway 35, one north and one south of the metropolitan area; marked Interstate Highway 90; and two locations along marked Interstate Highway 94. This appropriation is available until June 30, 2022, and must include a five-year restoration process. This appropriation is not subject to Minnesota Statutes, sections 116P.05, subdivision 2, paragraph (b), and 116P.09, subdivision 4."

Page 48, after line 33, insert:

"Sec. 9. Minnesota Statutes 2014, section 137.025, is amended by adding a subdivision to read:

Subd. 2a. Appropriations from Minnesota environment and natural resources trust fund. (a) The commissioner of management and budget shall pay no money to the University of Minnesota pursuant to a direct appropriation from the Minnesota environment and natural resources trust fund until the University of Minnesota requests reimbursement for expenditures related to the direct appropriation. The reimbursement request shall specify expenditures by appropriation. The commissioner of management and budget shall reimburse the University of Minnesota by the 25th day of the month following the reimbursement request. If the 25th day of the month falls on a Saturday, Sunday, or holiday, the payment must be made by the first business day immediately following the 25th day of the month.

(b) For each year the appropriation is available, the University of Minnesota must submit an encumbrance request to the commissioner of management and budget by July 31 for the prior fiscal year. The encumbrance request shall identify the amount the university anticipates it will request for reimbursement for expenses in the prior fiscal year by appropriation. The commissioner of management and budget shall maintain this amount as an encumbrance at the state level until the university submits its final reimbursement request for that fiscal year.

(c) Final requests for reimbursement must be made within 90 days from the last day the appropriation is available to reimburse expenditures."

Correct the title numbers accordingly

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

The report was adopted.

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Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3001, A bill for an act relating to state government; requiring disclosure of federal penalties relating to purchase or sale of state bonds; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

The report was adopted.

Dettmer from the Veterans Affairs Division to which was referred:

H. F. No. 3109, A bill for an act relating to state government; changing provisions for the small business procurement program; amending Minnesota Statutes 2014, sections 16C.10, subdivision 6; 16C.16, subdivisions 6, 7, 11, by adding a subdivision; Minnesota Statutes 2015 Supplement, section 16C.16, subdivision 6a.

Reported the same back with the following amendments:

Page 4, after line 18, insert:

"(h) If the commissioner implements any of the policies authorized in paragraph (b), (c), or (d), the commissioner must simultaneously implement policies that are at least as preferential to veteran-owned small businesses as provided for in subdivision 6a, paragraph (b), (c), or (d)."

Page 4, line 33, before "All" insert "Except as specifically provided otherwise in this section or another law,"

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.

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

H. F. No. 3129, A bill for an act relating to school district insurance; regulating coverage; amending Minnesota Statutes 2014, sections 471.6161, subdivision 8; 471.617, subdivision 2.

Reported the same back with the following amendments:

Page 3, delete lines 13 and 14 and insert:

"(i) The exclusive representative of the largest group of employees shall comply with this subdivision and must not exercise any of their abilities under section 43A.316, subdivision 5, notwithstanding anything contained in that section, or any other law to the contrary."

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

The report was adopted.

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Knoblach from the Committee on Ways and Means to which was referred:

H. F. No. 3175, A bill for an act relating to public safety; requiring criminal history background checks for driving instructor license applicants; amending Minnesota Statutes 2014, section 171.35.

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

The report was adopted.

Mack from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 3199, A bill for an act relating to human services; modifying the office of ombudsman for long-term care, mental health treatment services, and miscellaneous policy provisions; amending Minnesota Statutes 2014, sections 245A.11, subdivision 2a; 256.974; 256.9741, subdivision 5, by adding subdivisions; 256.9742; 256B.0622, as amended; 256B.0947, subdivision 2; Minnesota Statutes 2015 Supplement, sections 256.01, subdivision 12a; 256I.04, subdivision 2a; 402A.18, subdivision 3.

Reported the same back with the following amendments:

Page 2, line 3, strike "office" and before "established" insert "organizational unit"

Page 2, line 5, delete "and is the organizational unit"

Page 4, line 17, reinstate the stricken language and delete the new language

Page 4, line 22, reinstate the stricken language

Page 4, line 23, reinstate the stricken language and delete the new language

Page 4, line 26, delete the new language

Page 4, line 31, reinstate the stricken language and delete the new language

Page 4, lines 33 and 34, delete the new language

Page 5, line 1, reinstate the stricken language and delete the new language

Page 5, line 2, delete the new language

Page 5, lines 4 and 5, reinstate the stricken language

Page 5, line 6, delete the new language

Page 5, line 9, reinstate the stricken language and delete the new language

Page 5, lines 10 to 12, delete the new language

Page 5, line 15, reinstate the stricken language and delete the new language

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Page 6, after line 2, insert:

"Section 1. Minnesota Statutes 2014, section 245.462, subdivision 18, is amended to read:

Subd. 18. Mental health professional. "Mental health professional" means a person providing clinical services in the treatment of mental illness who is qualified in at least one of the following ways:

(1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171 to 148.285; and:

(i) who is certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization; or

(ii) who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness;

(2) in clinical social work: a person licensed as an independent clinical social worker under chapter 148D, or a person with a master's degree in social work from an accredited college or university, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness;

(3) in psychology: an individual licensed by the Board of Psychology under sections 148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis and treatment of mental illness;

(4) in psychiatry: a physician licensed under chapter 147 and certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry, or an osteopathic physician licensed under chapter 147 and certified by the American Osteopathic Board of Neurology and Psychiatry or eligible for board certification in psychiatry;

(5) in marriage and family therapy: the mental health professional must be a marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least two years of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness;

(6) in licensed professional clinical counseling, the mental health professional shall be a licensed professional clinical counselor under section 148B.5301 with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness; or

(7) in allied fields: a person with a master's degree from an accredited college or university in one of the behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness.

Sec. 2. Minnesota Statutes 2014, section 245.4871, subdivision 27, is amended to read:

Subd. 27. Mental health professional. "Mental health professional" means a person providing clinical services in the diagnosis and treatment of children's emotional disorders. A mental health professional must have training and experience in working with children consistent with the age group to which the mental health professional is assigned. A mental health professional must be qualified in at least one of the following ways:

(1) in psychiatric nursing, the mental health professional must be a registered nurse who is licensed under sections 148.171 to 148.285 and who is certified as a clinical specialist in child and adolescent psychiatric or mental health nursing by a national nurse certification organization or who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental illness;

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(2) in clinical social work, the mental health professional must be a person licensed as an independent clinical social worker under chapter 148D, or a person with a master's degree in social work from an accredited college or university, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of mental disorders;

(3) in psychology, the mental health professional must be an individual licensed by the board of psychology under sections 148.88 to 148.98 who has stated to the board of psychology competencies in the diagnosis and treatment of mental disorders;

(4) in psychiatry, the mental health professional must be a physician licensed under chapter 147 and certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry or an osteopathic physician licensed under chapter 147 and certified by the American Osteopathic Board of Neurology and Psychiatry or eligible for board certification in psychiatry;

(5) in marriage and family therapy, the mental health professional must be a marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least two years of post-master's supervised experience in the delivery of clinical services in the treatment of mental disorders or emotional disturbances;

(7) in allied fields, the mental health professional must be a person with a master's degree from an accredited college or university in one of the behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the treatment of emotional disturbances.

Sec. 3. Minnesota Statutes 2014, section 256B.0615, subdivision 1, is amended to read:

Subdivision 1. Scope. Medical assistance covers mental health certified ~~peers specialists~~ peer specialist services, as established in subdivision 2, subject to federal approval, if provided to recipients who are eligible for services under sections 256B.0622, 256B.0623, and 256B.0624 and are provided by a certified peer specialist who has completed the training under subdivision 5.

Sec. 4. Minnesota Statutes 2014, section 256B.0615, subdivision 2, is amended to read:

Subd. 2. Establishment. The commissioner of human services shall establish a certified peer ~~specialists~~ specialist program model, which:

(1) provides nonclinical peer support counseling by certified peer specialists;

(2) provides a part of a wraparound continuum of services in conjunction with other community mental health services;

(3) is individualized to the consumer; and

(4) promotes socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, and maintenance of skills learned in other support services."

Page 6, line 10, delete "3" and insert "2a"

Page 6, line 11, reinstate the stricken "3," and delete "4"

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Page 9, line 5, delete "specialists" and insert "specialist"

Page 11, line 31, delete "individualized" and insert "individual"

Page 18, line 10, delete "individualized" and insert "individual"

Page 18, line 29, after "certification" insert "or certified by the American Osteopathic Board of Neurology and Psychiatry or eligible for board certification,"

Page 21, line 19, delete "individualized" and insert "individual"

Page 33, line 12, after the period, insert "The commissioner shall seek any federal waivers, state plan amendments, requests for new funding, realignment of existing funding, and other authority necessary to implement elements of the reform proposal outlined in this section."

Page 35, line 35, delete "purposes" and insert "duties"

Page 36, after line 11, insert:

"Sec. 3. Minnesota Statutes 2015 Supplement, section 256B.0911, subdivision 3a, is amended to read:

Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, services planning, or other assistance intended to support community-based living, including persons who need assessment in order to determine waiver or alternative care program eligibility, must be visited by a long-term care consultation team within 20 calendar days after the date on which an assessment was requested or recommended. Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person requesting personal care assistance services and home care nursing. The commissioner shall provide at least a 90-day notice to lead agencies prior to the effective date of this requirement. Face-to-face assessments must be conducted according to paragraphs (b) to (i).

(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified assessors to conduct the assessment. For a person with complex health care needs, a public health or registered nurse from the team must be consulted.

(c) The MnCHOICES assessment provided by the commissioner to lead agencies must be used to complete a comprehensive, person-centered assessment. The assessment must include the health, psychological, functional, environmental, and social needs of the individual necessary to develop a community support plan that meets the individual's needs and preferences.

(d) The assessment must be conducted in a face-to-face interview with the person being assessed and the person's legal representative, and other individuals as requested by the person, who can provide information on the needs, strengths, and preferences of the person necessary to develop a community support plan that ensures the person's health and safety, but who is not a provider of service or has any financial interest in the provision of services. At the request of the person, other individuals may participate in the assessment to provide information on the needs, strengths, and preferences of the person necessary to develop a community support plan that ensures the person's health and safety. Except for legal representatives or family members invited by the person, persons participating in the assessment may not be a provider of service or have any financial interest in the provision of services. For persons who are to be assessed for elderly waiver customized living services under section 256B.0915, with the permission of the person being assessed or the person's designated or legal representative, the client's current or proposed provider of services may submit a copy of the provider's nursing assessment or written report outlining its recommendations regarding the client's care needs. The person conducting the assessment must notify the provider

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of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment prior to the assessment. For a person who is to be assessed for waiver services under section 256B.092 or 256B.49, with the permission of the person being assessed or the person's designated legal representative, the person's current provider of services may submit a written report outlining recommendations regarding the person's care needs prepared by a direct service employee with at least 20 hours of service to that client. The person conducting the assessment or reassessment must notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment and the person or the person's legal representative, and must be considered prior to the finalization of the assessment or reassessment.

(e) The person or the person's legal representative must be provided with a written community support plan within 40 calendar days of the assessment visit, regardless of whether the individual is eligible for Minnesota health care programs. The written community support plan must include:

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

(2) the individual's options and choices to meet identified needs, including all available options for case management services and providers;

(3) identification of health and safety risks and how those risks will be addressed, including personal risk management strategies;

(4) referral information; and

(5) informal caregiver supports, if applicable.

For a person determined eligible for state plan home care under subdivision 1a, paragraph (b), clause (1), the person or person's representative must also receive a copy of the home care service plan developed by the certified assessor.

(f) A person may request assistance in identifying community supports without participating in a complete assessment. Upon a request for assistance identifying community support, the person must be transferred or referred to long-term care options counseling services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for telephone assistance and follow up.

(g) The person has the right to make the final decision between institutional placement and community placement after the recommendations have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d).

(h) The lead agency must give the person receiving assessment or support planning, or the person's legal representative, materials, and forms supplied by the commissioner containing the following information:

(1) written recommendations for community-based services and consumer-directed options;

(2) documentation that the most cost-effective alternatives available were offered to the individual. For purposes of this clause, "cost-effective" means community services and living arrangements that cost the same as or less than institutional care. For an individual found to meet eligibility criteria for home and community-based service programs under section 256B.0915 or 256B.49, "cost-effectiveness" has the meaning found in the federally approved waiver plan for each program;

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(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the individual selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;

(4) the role of long-term care consultation assessment and support planning in eligibility determination for waiver and alternative care programs, and state plan home care, case management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), and (b);

(5) information about Minnesota health care programs;

(6) the person's freedom to accept or reject the recommendations of the team;

(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;

(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 4e and the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clause (6), and (b); and

(9) the person's right to appeal the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and (8), and (b), and incorporating the decision regarding the need for institutional level of care or the lead agency's final decisions regarding public programs eligibility according to section 256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for the alternative care, elderly waiver, community access for disability inclusion, community alternative care, and brain injury waiver programs under sections 256B.0913, 256B.0915, and 256B.49 is valid to establish service eligibility for no more than 60 calendar days after the date of assessment.

(j) The effective eligibility start date for programs in paragraph (i) can never be prior to the date of assessment. If an assessment was completed more than 60 days before the effective waiver or alternative care program eligibility start date, assessment and support plan information must be updated and documented in the department's Medicaid Management Information System (MMIS). Notwithstanding retroactive medical assistance coverage of state plan services, the effective date of eligibility for programs included in paragraph (i) cannot be prior to the date the most recent updated assessment is completed."

Page 37, line 34, delete everything after "disparity"

Page 38, line 1, delete everything before "for"

Page 38, line 2, after the period, insert "The council shall make recommendations on performance disparities, and the commissioner shall make the final determination."

Page 38, strike lines 3 to 5

Page 41, line 7, delete "legislative" and insert "statutory"

Journal of the House - 79th Day - Wednesday, April 6, 2016 - Top of Page 6711

Renumber the sections in sequence and correct the internal references

Amend the title 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.

Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:

H. F. No. 3339, A bill for an act relating to natural resources; authorizing lifetime game and fish license information to be placed on a driver's license or Minnesota identification card; amending Minnesota Statutes 2014, sections 97A.405, subdivision 2; 171.07, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, after line 18, insert:

"EFFECTIVE DATE. This section is effective January 1, 2018, or when the MNLARS system is ready."

Page 3, after line 7, insert:

"EFFECTIVE DATE. This section is effective January 1, 2018, or when the MNLARS system is ready."

With the recommendation that when so amended the bill be re-referred to the Committee on Transportation 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. 3370, A bill for an act relating to public safety; requiring written statement for change of information by registered predatory offenders; authorizing access to registration data by child protection workers for determination of child residence with predatory offender; amending Minnesota Statutes 2014, sections 243.166, subdivisions 1b, 7, by adding a subdivision; 299C.093.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 3, lines 16 to 18, delete the new language and insert "Law enforcement may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing a family assessment under section 626.556."

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Page 3, lines 32 and 33, delete the new language and insert "Law enforcement may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing a family assessment under section 626.556."

Page 4, line 1, delete the new language

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.

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

H. F. No. 3409, A bill for an act relating to environment; providing incentive for certain wastewater treatment technology; proposing coding for new law in Minnesota Statutes, chapter 115.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [115.426] INCENTIVE FOR VOLUNTARY MUNICIPAL OR INDUSTRIAL INVESTMENT IN NUTRIENT TREATMENT TECHNOLOGY.

Subdivision 1. Definitions. For purposes of this section:

(1) "biological nutrient removal system" means technology that uses microorganisms to remove nitrogen and phosphorus from wastewater;

(2) "public funds" means loans, grants, or bond proceeds from the state or funds raised by the municipality through taxes, assessments, bonds, rates, or similar means; and

(3) "regulatory certainty" means that, after the initial permit issuance to authorize biological nutrient removal and for the period of time specified under subdivision 2, the agency shall not issue new permit limits for phosphorous or nitrogen.

Subd. 2. Eligibility; term. (a) A municipality that installs a biological nutrient removal system on a voluntary basis and receives public funds to construct the biological nutrient removal system or an industrial national pollutant discharge elimination system/state disposal system (NPDES/SDS) permit holder is eligible for the regulatory certainty incentive under this section. The commissioner of the Pollution Control Agency may provide phosphorous and nitrogen regulatory certainty for the municipality or industrial permit holder in an NPDES/SDS permit. Before the NPDES/SDS permit is finalized for an eligible municipality or industrial permit holder, the commissioner must determine whether to provide regulatory certainty. If the commissioner will provide regulatory certainty, the commissioner and the municipality or industrial permit holder must execute an agreement recognizing the term and requirements relating to the regulatory certainty. The agreement becomes part of the NPDES/SDS permit.

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(b) Regulatory certainty extends for a period of time up to the expected design life of the biological nutrient removal system, not to exceed 20 years, as long as the system is properly maintained and operated by the municipality or industrial permit holder. A municipality or industrial permit holder may receive regulatory certainty only one time for each wastewater treatment facility. In addition to the provisions of this section, a municipality or industrial permit holder remains subject to applicable provisions in Minnesota Rules, chapter 7001, relating to permitting of municipal wastewater treatment works.

Subd. 3. Sunset. Applications must not be accepted under this section after December 31, 2031, or the day following United States Environmental Protection Agency approval of a Minnesota Pollution Control Agency‑adopted total nitrate-nitrogen aquatic life water quality standard, whichever occurs first. Notwithstanding this subdivision, agreements entered into under subdivision 2, paragraph (a), continue in effect for the term stated in the agreement."

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

The report was adopted.

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

H. F. No. 3685, A bill for an act relating to environment; modifying dry cleaner response and reimbursement account provisions; modifying prior appropriation; requiring rulemaking; amending Minnesota Statutes 2014, sections 115B.48, by adding a subdivision; 115B.50, subdivision 3; Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 4; repealing Minnesota Statutes 2015 Supplement, section 115B.48, subdivision 9.

Reported the same back with the following amendments:

Page 1, after line 21, insert:

"Sec. 3. Minnesota Statutes 2014, section 115B.50, is amended by adding a subdivision to read:

Subd. 4. Reimbursement adjustment rulemaking. The commissioner may use the expedited rulemaking process under section 14.389 to adjust reimbursement dollar amounts contained in the rules established under subdivision 2."

Page 4, line 21, after "14.389" insert ", including subdivision 5"

Page 4, line 26, delete "payments made to vendors" and insert "payment reimbursement rates made"

Page 4, line 29, delete "similar to" and insert "structured like"

Page 4, line 30, delete everything after the second comma and insert "as necessary to implement paragraph (a), clauses (1) to (3); and"

Page 4, delete lines 31 to 33

Page 4, line 34, delete "under conditions similar to those addressed" and insert "as contained"

Page 4, line 35, delete "chapter" and insert "part"

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Renumber the sections in sequence and correct the internal references

Correct the title numbers accordingly

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

The report was adopted.

Kelly from the Committee on Transportation Policy and Finance to which was referred:

H. F. No. 3689, A bill for an act relating to transportation; requiring the commissioner of transportation to consult, develop, adopt, and publicize best practices to improve objectivity and transparency in project selection processes; requiring a report.

Reported the same back with the following amendments:

Page 1, line 14, delete "......." and insert "October 1, 2017,"

Page 1, line 18, after "(1)" insert "a description of each selection process and" and before "ranking" insert "any"

Page 1, delete line 23 and insert "selected under each selection process, including identification of all of the projects considered that were not selected;"

Page 2, line 1, delete the second "of" and insert "by"

Page 2, line 5, after the first "were" insert "considered"

Page 2, line 6, delete "January 4, 2017" and insert "March 1, 2018"

Page 2, line 11, after "on" insert ": (1)"

Page 2, line 12, before the period, insert "; (2) any processes adopted or under development in planning for new trunk highway infrastructure, including capacity expansion; and (3) procedures for tracking expenditures on the trunk highway system by local units of government"

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

The report was adopted.

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

H. F. No. 3726, A bill for an act relating to environment; providing for sulfate effluent permit compliance.

Reported the same back with the following amendments:

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Page 1, line 5, before "This" insert "(a)"

Page 1, after line 14, insert:

"(b) Nothing in this section shall relieve the permittee from its obligation to satisfy requirements contained in any schedule of compliance that is in effect as of May 1, 2016."

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

The report was adopted.

Hackbarth from the Committee on Mining and Outdoor Recreation Policy to which was referred:

H. F. No. 3757, A bill for an act relating to state government; establishing a snow angel fund with the Amateur Sports Commission; proposing coding for new law in Minnesota Statutes, chapter 240A.

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

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 71, 1333, 1422, 2554, 2845, 2976, 2993, 3001, 3175, 3409 and 3726 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Atkins introduced:

H. F. No. 3809, A bill for an act relating to commerce; regulating the transferability and format of event tickets; proposing coding for new law in Minnesota Statutes, chapter 325E.

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

Atkins introduced:

H. F. No. 3810, A bill for an act relating to capital investment; appropriating money for Lebanon Hills Regional Park; authorizing the sale and issuance of state bonds.

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

Journal of the House - 79th Day - Wednesday, April 6, 2016 - Top of Page 6716

Zerwas introduced:

H. F. No. 3811, A bill for an act relating to corrections; appropriating money for reentry services.

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

Zerwas introduced:

H. F. No. 3812, A bill for an act relating to corrections; appropriating money for reentry services.

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

Loon introduced:

H. F. No. 3813, A bill for an act relating to education finance; providing funding and policy for early childhood and family, prekindergarten through grade 12, and adult education, including general education, education excellence, charter schools, special education, early childhood education, self-sufficiency, lifelong learning, and state agencies; appropriating money; amending Minnesota Statutes 2014, sections 124D.1158, subdivisions 3, 4; 124D.55; 126C.05, subdivision 3; 126C.10, subdivision 2d; Minnesota Statutes 2015 Supplement, sections 120A.41; 122A.21, subdivision 2; 122A.415, subdivision 4; 123B.595, subdivision 1; 124D.231, subdivision 2; 124D.59, subdivision 2; 125A.11, subdivision 1; 125A.21, subdivision 3; 125A.76, subdivision 2c; 125A.79, subdivision 1; 126C.05, subdivision 1; 126C.10, subdivision 13a; 127A.47, subdivision 7; Laws 2015, First Special Session chapter 3, article 4, section 4; article 11, section 3, subdivision 3; article 12, section 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 124D; 136A.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Johnson, B., introduced:

H. F. No. 3814, A bill for an act relating to public safety; excluding certain DWI offenders from the ignition interlock program while permitting them to receive limited drivers' licenses; amending Minnesota Statutes 2014, sections 171.30, subdivision 2a, by adding a subdivision; 171.306, subdivision 1.

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

Isaacson introduced:

H. F. No. 3815, A bill for an act relating to economic development; requiring capacity-building grants to connect education and jobs; 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 - 79th Day - Wednesday, April 6, 2016 - Top of Page 6717

Rosenthal, Allen, Hornstein, Fischer and Dehn, R., introduced:

H. F. No. 3816, A bill for an act relating to game and fish; prohibiting open season for taking wolves; amending Minnesota Statutes 2014, section 97B.645, subdivision 9.

The bill was read for the first time and referred to the Committee on Mining and Outdoor Recreation Policy.

Loeffler, Wagenius, Hausman, Selcer and Clark introduced:

H. F. No. 3817, A bill for an act relating to capital investment; requiring landscaping related to state-funded capital projects to be pollinator friendly; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Smith and Zerwas introduced:

H. F. No. 3818, A bill for an act relating to state government; appropriating money for outreach and education to small businesses on removal of architectural barriers that limit public access.

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

Gruenhagen introduced:

H. F. No. 3819, 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 Finance.

Murphy, E., introduced:

H. F. No. 3820, A bill for an act relating to commerce; establishing a student loan ombudsperson; requiring the licensure of student loan servicers; prohibiting certain practices in student loan servicing; proposing coding for new law as Minnesota Statutes, chapter 58B.

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

Nash introduced:

H. F. No. 3821, A bill for an act relating to transportation; governing motor vehicle sales on a Sunday and at temporary locations under certain circumstances; amending Minnesota Statutes 2014, sections 168.27, subdivision 10; 168.275.

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

Journal of the House - 79th Day - Wednesday, April 6, 2016 - Top of Page 6718

Bly introduced:

H. F. No. 3822, A bill for an act relating to natural resources; modifying aquatic plant management permit requirements; amending Minnesota Statutes 2014, section 103G.615, subdivisions 3, 3a, by adding a subdivision.

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

Zerwas introduced:

H. F. No. 3823, A bill for an act relating to education finance; modifying definition of equity region; amending Minnesota Statutes 2014, section 126C.10, subdivision 28.

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

Gruenhagen introduced:

H. F. No. 3824, A bill for an act relating to wages; modifying certain prevailing wage provisions; authorizing rulemaking; amending Minnesota Statutes 2014, sections 13.79, by adding a subdivision; 116J.871, subdivision 1, by adding a subdivision; 177.43, subdivision 7; 177.44, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 177.

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

Persell introduced:

H. F. No. 3825, A bill for an act relating to economic development; appropriating money for the White Earth Nation Integrated Business Development System.

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

Pierson introduced:

H. F. No. 3826, A bill for an act relating to capital investment; appropriating money for a wastewater treatment facility in Stewartville; authorizing the sale and issuance of state bonds.

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

Albright, by request, introduced:

H. F. No. 3827, A bill for an act relating to human services; modifying the timeline and procedure for periodic data matching; amending Minnesota Statutes 2015 Supplement, section 256B.0561, subdivisions 2, 4.

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

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Anderson, P., and Backer introduced:

H. F. No. 3828, A bill for an act relating to taxation; property; providing a property tax reduction for land constituting a riparian buffer; appropriating money; amending Minnesota Statutes 2014, section 273.1393; proposing coding for new law in Minnesota Statutes, chapter 273.

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

Urdahl introduced:

H. F. No. 3829, A bill for an act relating to legacy funds; amending requirements for requesting parks and trails funds; amending requirements for requesting arts and cultural heritage funds; amending Minnesota Statutes 2015 Supplement, sections 85.53, subdivision 2; 129D.17, subdivision 2.

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

Clark introduced:

H. F. No. 3830, A bill for an act relating to education; directing the Department of Education to employ a swimming and water safety specialist; appropriating money.

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

Anderson, S., by request, introduced:

H. F. No. 3831, A bill for an act relating to state government; providing supplemental appropriations for Office of MN.IT Services, Departments of Administration, Minnesota Management and Budget, Revenue, Gambling Control Board, Minnesota State Retirement System, and Military Affairs; changing certain provisions in the information and telecommunications account; providing fines for violations of horse racing laws and rules be deposited in a racehorse rescue and retraining account; requiring a report; appropriating money; amending Minnesota Statutes 2014, section 16E.21; Minnesota Statutes 2015 Supplement, section 240.22; Laws 2015, chapter 77, article 1, section 3.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

Sundin introduced:

H. F. No. 3832, A bill for an act relating to taxation; authorizing the Cromwell Wright Area Fire District as a special taxing district.

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

Journal of the House - 79th Day - Wednesday, April 6, 2016 - Top of Page 6720

Koznick, Peterson, Hornstein, Masin, Daniels and Christensen introduced:

H. F. No. 3833, A bill for an act relating to capital investment; appropriating money for the Metro Orange Bus Rapid Transit (BRT) line; authorizing the sale and issuance of state bonds.

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

Hamilton introduced:

H. F. No. 3834, A bill for an act relating to health care; modifying the critical access dental provider designation requirements; amending Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 4.

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

Dean, M., introduced:

H. F. No. 3835, A bill for an act relating to education finance; requiring Independent School District No. 834, Stillwater, to proceed with schoolhouse closings only after conducting a referendum on the closings; conditioning board-approved operating referenda authority on citizen involvement in schoolhouse closings; amending Minnesota Statutes 2014, section 126C.17, subdivision 9a.

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

Dean, M., introduced:

H. F. No. 3836, A bill for an act relating to education; encouraging citizen involvement in the process for certain schoolhouse closings; amending Minnesota Statutes 2014, section 123B.51, subdivision 5.

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

Urdahl introduced:

H. F. No. 3837, A bill for an act relating to education finance; authorizing certain nonpublic students to enroll in postsecondary enrollment options in 10th grade; appropriating money; amending Minnesota Statutes 2014, section 124D.09, subdivision 4.

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

Loeffler and Liebling introduced:

H. F. No. 3838, A bill for an act relating to state government; making supplemental appropriations for human services, health, health licensing boards, and the ombudsman for mental health and developmental disabilities; making forecast adjustments; modifying provisions governing health care, children and family services, continuing care, mental health services, operations, direct care and treatment, Department of Health programs, and health‑related licensing boards; making technical changes; modifying fees; requiring reports; making changes to medical assistance, MinnesotaCare, child care assistance, and home and community-based waiver services

Journal of the House - 79th Day - Wednesday, April 6, 2016 - Top of Page 6721

programs; creating the Department of Human Services Office of Special Investigations Law Enforcement Division; making changes to electronic health information technology; allowing health care practitioners access to patient registry information under certain conditions; providing criminal penalties for improper access to patient registry information; requiring a cost/benefit analysis of health care system proposals; changing certain public health priority points for health risk limits and contaminated private wells; amending Minnesota Statutes 2014, sections 13.3806, subdivision 22; 62J.495, subdivision 4; 62J.496, subdivision 1; 119B.011, subdivisions 6, 19, 20, 20a, by adding subdivisions; 119B.02, subdivisions 1, 5, by adding a subdivision; 119B.025, by adding subdivisions; 119B.03, subdivisions 3, 9; 119B.09, subdivisions 1, 6, 7, 9a; 119B.10; 119B.11, subdivision 2a; 119B.12, subdivision 2; 119B.125, subdivision 1b, by adding subdivisions; 119B.13, subdivisions 1, 1a, 4; 152.27, subdivision 2, by adding a subdivision; 152.33, by adding a subdivision; 214.075, subdivision 3; 245.99, subdivision 2; 245A.02, by adding subdivisions; 245A.03, subdivision 7; 245A.04, subdivision 4; 245A.09, subdivision 7; 245A.10, subdivisions 2, 4, 8; 245A.14, by adding a subdivision; 245A.151; 245A.16, by adding a subdivision; 245A.40, subdivisions 1, 7; 245A.50, subdivision 9; 245A.66, subdivision 2; 245C.03, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivisions 2b, 4, 7; 245C.08, subdivisions 2, 4; 245C.11, subdivision 3; 245C.17, subdivision 6; 245C.23, subdivision 2; 246.54, as amended; 246B.01, subdivision 2b; 246B.035; 246B.10; 253B.18, subdivision 4b; 253D.27, subdivision 2; 253D.28, as amended; 253D.29, subdivisions 2, 3; 253D.30, subdivisions 3, 4, 5, 6; 253D.31; 254B.01, subdivision 4a; 256.01, by adding a subdivision; 256.98, subdivision 8; 256B.04, subdivision 14; 256B.059, subdivisions 1, 2, 3, by adding a subdivision; 256B.0622, by adding a subdivision; 256B.0625, by adding a subdivision; 256B.0915, subdivision 3b; 256B.092, subdivision 13; 256B.4912, by adding a subdivision; 256B.4914, subdivision 11; 256B.493, subdivisions 3, 4; 256B.76, by adding a subdivision; 256B.761; 256D.051; 256J.24, subdivision 5; 256L.01, subdivision 1a; 256L.04, subdivisions 1a, 2, 10; 256L.07, subdivision 1; 260C.451, by adding a subdivision; 626.05, subdivision 2; 626.556, subdivisions 3e, 10f; 626.84, subdivision 1; Minnesota Statutes 2015 Supplement, sections 16A.724, subdivision 2; 119B.025, subdivision 1; 119B.09, subdivision 4; 119B.13, subdivision 6; 245.4889, subdivision 1; 245.735, subdivisions 3, 4; 245A.16, subdivision 1; 245A.40, subdivisions 3, 4; 245D.03, subdivision 1; 254B.05, subdivision 5; 256.478; 256B.059, subdivision 5; 256B.0625, subdivisions 31, 58; 256B.441, subdivision 30; 256B.49, subdivision 24; 256B.4914, subdivisions 10, 14, 15; 256L.01, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.06, subdivision 3; 256L.15, subdivision 1; 256M.41, subdivision 3; 256P.05, subdivision 1; 256P.06, subdivision 3; 256P.07, subdivisions 3, 6; 260C.203; 260C.212, subdivisions 1, 14; 260C.215, subdivision 4; 260C.451, subdivision 6; 260C.521, subdivision 1; 626.556, subdivisions 2, 3c, 10b; Laws 2013, chapter 108, article 14, section 2, subdivision 1, as amended; Laws 2015, chapter 71, article 14, sections 2, subdivision 1; 4, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 119B; 245A; 246; 256B; 260C; 260D; repealing Minnesota Statutes 2014, sections 119B.07; 119B.125, subdivision 5; 253D.27, subdivisions 3, 4; 256B.059, subdivision 1a; 256B.493, subdivisions 1, 2; 256L.04, subdivisions 2a, 8; 256L.22; 256L.24; 256L.26; 256L.28; Minnesota Statutes 2015 Supplement, section 119B.125, subdivision 8; Minnesota Rules, parts 3400.0040, subparts 6a, 6b; 3400.0110, subparts 2a, 10; 3400.0170, subparts 7, 8; 9502.0405, subpart 4, item C; 9502.0425, subpart 18; 9503.0100; 9503.0140, subpart 5; 9503.0145, subpart 6; 9503.0155, subpart 11.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

MOTIONS AND RESOLUTIONS

Scott moved that the name of Loon be added as an author on H. F. No. 1333. The motion prevailed.

Hornstein moved that the name of Fabian be added as chief author on H. F. No. 1412. The motion prevailed.

Nash moved that his name be stricken as an author on H. F. No. 1780. The motion prevailed.

Kahn moved that the name of Laine be added as an author on H. F. No. 2166. The motion prevailed.

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Hansen moved that the name of Johnson, C., be added as an author on H. F. No. 2408. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 2464. The motion prevailed.

Knoblach moved that the name of Davids be added as an author on H. F. No. 2469. The motion prevailed.

Thissen moved that the names of Bernardy and Applebaum be added as authors on H. F. No. 2500. The motion prevailed.

Mullery moved that the name of Johnson, S., be added as an author on H. F. No. 2522. The motion prevailed.

Mullery moved that the name of Johnson, S., be added as an author on H. F. No. 2523. The motion prevailed.

Murphy, E., moved that the name of Bernardy be added as an author on H. F. No. 2576. The motion prevailed.

Persell moved that the name of Johnson, S., be added as an author on H. F. No. 2581. The motion prevailed.

Kiel moved that the name of Schultz be added as an author on H. F. No. 2609. The motion prevailed.

Kresha moved that the name of Fischer be added as an author on H. F. No. 2670. The motion prevailed.

Runbeck moved that the names of McDonald and Dettmer be added as authors on H. F. No. 2695. The motion prevailed.

Scott moved that the name of Hoppe be added as an author on H. F. No. 2704. The motion prevailed.

Runbeck moved that the name of McDonald be added as an author on H. F. No. 2793. The motion prevailed.

Anzelc moved that the names of Kiel and Lueck be added as authors on H. F. No. 2816. The motion prevailed.

Clark moved that the name of Fischer be added as an author on H. F. No. 2818. The motion prevailed.

Whelan moved that the name of Drazkowski be added as an author on H. F. No. 2865. The motion prevailed.

Rosenthal moved that the name of Fischer be added as an author on H. F. No. 2875. The motion prevailed.

Johnson, C., moved that the name of Persell be added as an author on H. F. No. 2881. The motion prevailed.

Hortman moved that the name of Bernardy be added as an author on H. F. No. 2925. The motion prevailed.

Torkelson moved that the name of Dettmer be added as an author on H. F. No. 3000. The motion prevailed.

Thissen moved that the name of Johnson, S., be added as an author on H. F. No. 3025. The motion prevailed.

Clark moved that the name of Johnson, S., be added as an author on H. F. No. 3053. The motion prevailed.

Clark moved that the name of Johnson, S., be added as an author on H. F. No. 3054. The motion prevailed.

Urdahl moved that the name of Johnson, S., be added as an author on H. F. No. 3103. The motion prevailed.

Dean, M., moved that the name of Pugh be added as an author on H. F. No. 3130. The motion prevailed.

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Pinto moved that the name of Clark be added as an author on H. F. No. 3177. The motion prevailed.

Smith moved that the name of Pierson be added as an author on H. F. No. 3205. The motion prevailed.

Kelly moved that the name of Johnson, S., be added as an author on H. F. No. 3239. The motion prevailed.

Peterson moved that the name of Fischer be added as an author on H. F. No. 3289. The motion prevailed.

Hertaus moved that the name of Fischer be added as an author on H. F. No. 3310. The motion prevailed.

Clark moved that the name of Johnson, C., be added as an author on H. F. No. 3324. The motion prevailed.

Fenton moved that the name of Johnson, S., be added as an author on H. F. No. 3340. The motion prevailed.

Dehn, R., moved that the name of Johnson, S., be added as an author on H. F. No. 3343. The motion prevailed.

Dehn, R., moved that the name of Johnson, S., be added as an author on H. F. No. 3345. The motion prevailed.

Dehn, R., moved that the name of Johnson, S., be added as an author on H. F. No. 3346. The motion prevailed.

Hamilton moved that the names of Slocum and Johnson, C., be added as authors on H. F. No. 3363. The motion prevailed.

Fabian moved that the name of Johnson, C., be added as an author on H. F. No. 3377. The motion prevailed.

Flanagan moved that the name of Johnson, S., be added as an author on H. F. No. 3386. The motion prevailed.

Hilstrom moved that the name of Yarusso be added as an author on H. F. No. 3390. The motion prevailed.

Theis moved that the name of Johnson, S., be added as an author on H. F. No. 3405. The motion prevailed.

Pierson moved that the name of Johnson, S., be added as an author on H. F. No. 3429. The motion prevailed.

Flanagan moved that the name of Yarusso be added as an author on H. F. No. 3437. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3445. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3446. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3447. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3448. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3449. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3450. The motion prevailed.

Moran moved that the name of Johnson, S., be added as an author on H. F. No. 3451. The motion prevailed.

Zerwas moved that the name of Slocum be added as an author on H. F. No. 3482. The motion prevailed.

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Mariani moved that the name of Yarusso be added as an author on H. F. No. 3497. The motion prevailed.

Zerwas moved that the names of Slocum and Johnson, S., be added as authors on H. F. No. 3499. The motion prevailed.

Slocum moved that the name of Bennett be added as an author on H. F. No. 3500. The motion prevailed.

Nelson moved that the name of Slocum be added as an author on H. F. No. 3507. The motion prevailed.

Fabian moved that the names of Green, Baker, McNamara, O'Neill, Scott and Miller be added as authors on H. F. No. 3508. The motion prevailed.

Norton moved that the name of Slocum be added as an author on H. F. No. 3518. The motion prevailed.

Schultz moved that the name of Yarusso be added as an author on H. F. No. 3521. The motion prevailed.

Hilstrom moved that the name of Yarusso be added as an author on H. F. No. 3536. The motion prevailed.

Hamilton moved that the name of Mahoney be added as an author on H. F. No. 3544. The motion prevailed.

Mariani moved that the name of Slocum be added as an author on H. F. No. 3561. The motion prevailed.

Mariani moved that the name of Slocum be added as an author on H. F. No. 3562. The motion prevailed.

O'Neill moved that the names of Dehn, R., and Yarusso be added as authors on H. F. No. 3571. The motion prevailed.

Zerwas moved that the name of Yarusso be added as an author on H. F. No. 3580. The motion prevailed.

Cornish moved that the name of Dehn, R., be added as an author on H. F. No. 3590. The motion prevailed.

Dehn, R., moved that the name of Slocum be added as an author on H. F. No. 3617. The motion prevailed.

Marquart moved that the name of Yarusso be added as an author on H. F. No. 3621. The motion prevailed.

Baker moved that the name of Clark be added as an author on H. F. No. 3633. The motion prevailed.

Davids moved that the name of Pierson be added as an author on H. F. No. 3637. The motion prevailed.

Lien moved that the name of Yarusso be added as an author on H. F. No. 3638. The motion prevailed.

Wagenius moved that the name of Nash be added as an author on H. F. No. 3644. The motion prevailed.

Dehn, R., moved that the name of Johnson, S., be added as an author on H. F. No. 3649. The motion prevailed.

Rarick moved that the names of Yarusso and Johnson, S., be added as authors on H. F. No. 3658. The motion prevailed.

Loon moved that the name of Bennett be added as an author on H. F. No. 3679. The motion prevailed.

Anzelc moved that the name of Johnson, S., be added as an author on H. F. No. 3683. The motion prevailed.

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Knoblach moved that the name of Baker be added as an author on H. F. No. 3691. The motion prevailed.

Clark moved that the names of Slocum and Kahn be added as authors on H. F. No. 3701. The motion prevailed.

Thissen moved that the names of Johnson, S., and Slocum be added as authors on H. F. No. 3702. The motion prevailed.

Isaacson moved that the name of Yarusso be added as an author on H. F. No. 3728. The motion prevailed.

Nornes moved that the name of Bernardy be added as an author on H. F. No. 3733. The motion prevailed.

McDonald moved that the names of Yarusso and Dettmer be added as authors on H. F. No. 3738. The motion prevailed.

Hansen moved that the name of Johnson, S., be added as an author on H. F. No. 3748. The motion prevailed.

Loon moved that the name of Johnson, S., be added as an author on H. F. No. 3755. The motion prevailed.

Loon moved that the name of Johnson, S., be added as an author on H. F. No. 3781. The motion prevailed.

Hilstrom moved that the name of Clark be added as an author on H. F. No. 3795. The motion prevailed.

Metsa moved that the name of Kahn be added as an author on H. F. No. 3796. The motion prevailed.

Atkins moved that the name of Schoen be added as an author on H. F. No. 3807. The motion prevailed.

Peterson moved that H. F. No. 2969 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Taxes. The motion prevailed.

Garofalo moved that H. F. No. 3003 be recalled from the Committee on Greater Minnesota Economic and Workforce Development Policy and be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance. The motion prevailed.

ADJOURNMENT

Peppin moved that when the House adjourns today it adjourn until 4:00 p.m., Thursday, April 7, 2016. The motion prevailed.

Peppin moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 4:00 p.m., Thursday, April 7, 2016.

Patrick D. Murphy, Chief Clerk, House of Representatives

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