Saint Paul, Minnesota, Monday, May 22, 1995
The House of Representatives convened at 9:00 a.m. and was
called to order by Irv Anderson, Speaker of the House.
Prayer was offered by Representative Mary Murphy, District 8A,
Hermantown, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
The Chief Clerk proceeded to read the Journal of the preceding
day. Dehler moved that further reading of the Journal be
suspended and that the Journal be approved as corrected by the
Chief Clerk. The motion prevailed.
Abrams Finseth Knoblach Olson, E. Skoglund
Anderson, B. Frerichs Koppendrayer Olson, M. Smith
Anderson, R. Garcia Kraus Onnen Solberg
Bakk Girard Krinkie Opatz Stanek
Bertram Goodno Larsen Orenstein Sviggum
Bettermann Greenfield Leighton Orfield Swenson, D.
Bishop Greiling Leppik Osskopp Swenson, H.
Boudreau Haas Lieder Osthoff Sykora
Bradley Hackbarth Lindner Ostrom Tomassoni
Broecker Harder Long Otremba Tompkins
Brown Hasskamp Lourey Ozment Trimble
Carlson Hausman Luther Paulsen Tuma
Carruthers Holsten Lynch Pawlenty Tunheim
Clark Hugoson Macklin Pellow Van Dellen
Commers Huntley Mahon Pelowski Van Engen
Cooper Jaros Mares Perlt Vickerman
Daggett Jefferson Mariani Peterson Wagenius
Dauner Jennings Marko Pugh Warkentin
Davids Johnson, A. McCollum Rest Weaver
Dawkins Johnson, R. McElroy Rhodes Wejcman
Dehler Johnson, V. McGuire Rice Wenzel
Delmont Kahn Milbert Rostberg Winter
Dempsey Kalis Molnau Rukavina Wolf
Dorn Kelley Mulder Sarna Worke
Entenza Kelso Munger Schumacher Workman
Erhardt Kinkel Murphy Seagren Sp.Anderson,I
Farrell Knight Ness Simoneau
A quorum was present.
The following communications were received:
OFFICE OF THE GOVERNOR
May 18, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Anderson:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 1238, relating to waters; planning, development, review, reporting, and coordination of surface and groundwater management in the metropolitan area.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1995 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
Time andS.F. H.F. Session Laws Date ApprovedDate Filed
No. No. Chapter No. 1995 1995
526** 181 May 18
1238 184 3:00 p.m. May 18 May 18
155** 188 May 18
Sincerely,
Joan Anderson Growe
Secretary of State
** [NOTE: S. F. Nos. 526 and 155 became law without Governor's signature.]
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
House Concurrent Resolution No. 6, A house concurrent resolution relating to adjournment of the House of Representatives and Senate until 1996.
Reported the same back with the following amendments:
Page 1, line 7, delete "...." and insert "January 16"
Page 1, line 9, delete "...." and insert "January 16"
With the recommendation that when so amended the house concurrent resolution be adopted.
The report was adopted.
House Concurrent Resolution No. 6 was reported to the House.
A house concurrent resolution relating to adjournment of the House of Representatives and Senate until 1996.
Be It Resolved by the House of Representatives of the State of Minnesota, the Senate concurring:
(1) Upon their adjournments on May 22, 1995, the House of Representatives may set its next day of meeting for Tuesday, January 16, 1996, at 12:00 noon and the Senate may set its next day of meeting for Tuesday, January 16, 1996, at 12:00 noon.
(2) By the adoption of this resolution, each house consents to adjournment of the other house for more than three days.
Carruthers moved that House Concurrent Resolution No. 6 be now adopted.
A roll call was requested and properly seconded.
The question was taken on the Carruthers motion and the roll was called. There were 72 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Garcia Knight Opatz Schumacher Bakk Greenfield Leighton Orenstein Simoneau Bertram Greiling Lieder Orfield Skoglund Bishop Haas Long Osthoff Solberg Brown Hasskamp Lourey Ostrom Tomassoni Carlson Huntley Luther Otremba Trimble Carruthers Jaros Mahon Ozment Tunheim Clark Jefferson Mariani Pelowski Wagenius Cooper Johnson, A. Marko Perlt Wejcman Dauner Johnson, R. McCollum Peterson Wenzel Dawkins Kahn McGuire Pugh Winter Delmont Kalis Milbert Rest Sp.Anderson,I Dorn Kelley Munger Rice Entenza Kelso Murphy Rukavina Farrell Kinkel Olson, E. SarnaThose who voted in the negative were:
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5316
Abrams Finseth Krinkie Osskopp Sykora Anderson, B. Frerichs Larsen Paulsen Tompkins Bettermann Girard Leppik Pawlenty Tuma Boudreau Goodno Lindner Pellow Van Dellen Bradley Hackbarth Lynch Rhodes Van Engen Broecker Harder Macklin Rostberg Vickerman Commers Holsten Mares Seagren Warkentin Daggett Hugoson McElroy Smith Weaver Davids Johnson, V. Molnau Stanek Wolf Dehler Knoblach Mulder Sviggum Worke Dempsey Koppendrayer Olson, M. Swenson, D. Workman Erhardt Kraus Onnen Swenson, H.The motion prevailed and House Concurrent Resolution No. 6 was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
Senate Concurrent Resolution No. 5, A senate concurrent resolution expressing support for the recommendations of the Rainy Lake/Namakan Reservoir Water Level International Steering Committee.
Reported the same back with the recommendation that the senate concurrent resolution be adopted.
The report was adopted.
Senate Concurrent Resolution No. 5 was reported to the House.
A senate concurrent resolution expressing support for the recommendations of the Rainy Lake/Namakan Reservoir Water Level International Steering Committee.
Whereas, the Rainy Lake/Namakan Reservoir Water Level International Steering Committee has long studied the problems of fluctuations of water levels in the Rainy Lake and Namakan Reservoir basins; and
Whereas, the steering committee was composed of citizen representatives from the United States and Canada, representatives from the National Park Service, the Ontario Ministry of Natural Resources, the Minnesota Department of Natural Resources, the Citizens' Council on Voyageurs National Park, and Boise Cascade; and
Whereas, the recommendations made by the steering committee have been supported by Representatives James Oberstar, Collin Peterson, and Bruce Vento, Senator Paul Wellstone and former Senator David Durenberger, Governor Arne Carlson, Attorney General Hubert Humphrey III, Speaker of the Minnesota House of Representatives Irv Anderson, the Citizens' Council on Voyageurs National Park, the VRNPA, and many environmental organizations; Now, Therefore,
Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring, that it join the above-mentioned organizations and public officials in support of the steering committee recommendations.
Be It Further Resolved that the Secretary of the Senate is directed to prepare an enrolled copy of this resolution, to be authenticated by his signature and those of the Chair of the Senate Rules and Administration Committee, the Speaker of the House of Representatives, and the Chief Clerk of the House of Representatives, and transmit it to the International Joint Commission.
Bakk moved that Senate Concurrent Resolution No. 5 be now adopted. The motion prevailed and Senate Concurrent Resolution No. 5 was adopted.
Carruthers from the Committee on Rules and Legislative Administration to which was referred:
House Resolution No. 6, A house resolution designating May 23, 1995, as "55 Alive/Mature Driving Day" in Minnesota.
Reported the same back with the recommendation that the resolution be adopted.
The report was adopted.
House Resolution No. 6 was reported to the House.
A house resolution designating May 23, 1995, as "55 Alive/Mature Driving Day" in Minnesota.
Whereas, the American Association of Retired Persons (AARP), the nation's leading nonprofit, nonpartisan organization, founded in 1958, provides a vital fellowship for men and women age 50 and older whether they are still actively employed, semiretired, or retired; and
Whereas, recognizing the need to help older drivers improve their skills and prevent traffic accidents, AARP offers to all motorists age 50 and older the 55 Alive/Mature Driving Program, an eight-hour classroom refresher course with a comprehensive curriculum designed especially for the older motorist; and
Whereas, AARP's involvement in driver improvement education for older Americans began in 1969 when the association commenced teaching the National Safety Council's Defensive Driving Course to older Americans nationwide; and
Whereas, convinced that older drivers should have a training program of their own, AARP decided to create one; and
Whereas, the United States Department of Transportation evaluated the 55 Alive/Mature Driving Program and found a large and statistically significant increase in knowledge during the entire evaluation period in the group that was retrained; and
Whereas, legislation has been enacted in Minnesota and 32 other states and the District of Columbia which requires all automobile insurance companies conducting business in those jurisdictions to provide a premium discount to graduates of state-approved driver improvement courses, and AARP's 55 Alive/Mature Driving Program is approved in every state; Now, Therefore,
Be It Resolved by the House of Representatives of the State of Minnesota that May 23, 1995, be designated as "55 Alive/Mature Driving Day" in Minnesota in recognition of the major contribution of this program to driver safety.
Be It Further Resolved that the Chief Clerk of the House of Representatives is directed to prepare a copy of this resolution, to be authenticated by his signature and that of the Speaker, and present it to a representative of the American Association of Retired Persons in Minnesota.
Ness moved that House Resolution No. 6 be now adopted. The motion prevailed and House Resolution No. 6 was adopted.
The following House Files were introduced:
Pellow, Simoneau, Kalis, Frerichs and Workman introduced:
H. F. No. 1953, A bill for an act relating to commerce; regulating new motor vehicle warranties; restricting the termination or cancellation of salvage on rebuilt vehicles; proposing coding for new law in Minnesota Statutes, chapter 325F.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Johnson, V., and Sykora introduced:
H. F. No. 1954, A bill for an act relating to animals; clarifying procedures for the seizure and disposition of animals; amending Minnesota Statutes 1994, sections 343.235; 343.29, subdivision 1; and 346.57, subdivision 2.
The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.
Skoglund, Macklin, McElroy and Entenza introduced:
H. F. No. 1955, A bill for an act relating to crime victims; enacting reparation article of the uniform victims of crime act; proposing coding for new law as Minnesota Statutes, chapter 611B.
The bill was read for the first time and referred to the Committee on Judiciary.
McGuire, Macklin and Entenza introduced:
H. F. No. 1956, A bill for an act relating to collection and dissemination of data; enacting the uniform criminal history records act; prescribing penalties; amending Minnesota Statutes 1994, section 13.82, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 13D; repealing Minnesota Statutes 1994, section 13.87.
The bill was read for the first time and referred to the Committee on Judiciary.
Knoblach introduced:
H. F. No. 1957, A bill for an act relating to state government; authorizing the commissioner of finance to obtain savings from early retirements and voluntary terminations; proposing coding for new law in Minnesota Statutes, chapter 16A.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Knoblach introduced:
H. F. No. 1958, A bill for an act relating to state government; requiring the commissioner of administration to conduct a study of state-owned lands.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Knoblach introduced:
H. F. No. 1959, A bill for an act relating to taxation; property; reducing the class rates for apartments, commercial industrial, and certain other property; amending Minnesota Statutes 1994, section 273.13, subdivisions 24 and 25; repealing Minnesota Statutes 1994, section 273.13, subdivision 32.
The bill was read for the first time and referred to the Committee on Taxes.
Clark, Greenfield, Wejcman and Lourey introduced:
H. F. No. 1960, A bill for an act relating to insurance; health; requiring the commissioners of commerce and health to study and develop methods of promoting alternative, cost-effective treatments for illness and disease while ensuring that insurers cover such alternative treatments.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Haas and Lynch introduced:
H. F. No. 1961, A bill for an act relating to local government; designating the fiscal year for cities, counties, and towns; amending Minnesota Statutes 1994, section 471.696; proposing coding for new law in Minnesota Statutes, chapter 375.
The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.
Bishop introduced:
H. F. No. 1962, A bill for an act relating to utilities; removing a restriction on municipality to exercise its power of eminent domain to acquire right to furnish electric service; amending Minnesota Statutes 1994, section 216B.47.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Bertram; Johnson, R., and Smith introduced:
H. F. No. 1963, A bill for an act relating to retirement; permissible annuity contract investments for funds of employees of the state university or community college boards; amending Minnesota Statutes 1994, section 356.24, subdivision 1.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Hackbarth, Brown, Hausman, Osthoff and Johnson, V., introduced:
H. F. No. 1964, A bill for an act relating to game and fish; requiring a turkey stamp, setting the fee, and directing use of proceeds; amending Minnesota Statutes 1994, sections 97A.075, subdivision 4; 97A.475, subdivision 5; and 97B.721.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Leighton and Pugh introduced:
H. F. No. 1965, A bill for an act relating to real estate; making permanent the provision authorizing companies and agents to execute certificates of release of mortgage; repealing Laws 1994, chapter 447, section 2.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Brown and Johnson, V., introduced:
H. F. No. 1966, A bill for an act relating to public utilities; repealing a requirement that the public utilities commission determines certain environmental costs; repealing Minnesota Statutes 1994, section 216B.2422, subdivision 3.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Knoblach introduced:
H. F. No. 1967, A bill for an act relating to gambling; prohibiting persons under the age of 21 from engaging in various gambling activities; amending Minnesota Statutes 1994, sections 240.13, subdivision 8; 240.25, subdivision 8; 349.2127, subdivision 8; 349A.08, subdivision 3; and 349A.12, subdivisions 1, 2, and 5;
The bill was read for the first time and referred to the Committee on Governmental Operations.
Macklin and McGuire introduced:
H. F. No. 1968, A bill for an act relating to health care information; providing conditions for the disclosure of health care information; enacting the Uniform Health Care Information Act; providing penalties; proposing coding for new law as Minnesota Statutes, chapter 143.
The bill was read for the first time and referred to the Committee on Judiciary.
Olson, M.; Mulder and Knight introduced:
H. F. No. 1969, A bill for an act relating to health; providing for medical savings accounts and a pilot project; abolishing MinnesotaCare; amending Minnesota Statutes 1994, section 290.01, subdivisions 19a, 19b, 19d; proposing coding for new law as Minnesota Statutes, chapter 62S; repealing Laws 1992, chapter 549; Laws 1993, chapters 247 and 345; and Laws 1994, chapter 625.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Olson, M., and Anderson, B., introduced:
H. F. No. 1970, A bill for an act relating to insurance; automobile; limiting the amount of noneconomic detriment claims to the claimant's own liability coverage limits; amending Minnesota Statutes 1994, section 65B.51, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.
Rostberg; Olson, M., and Ozment introduced:
H. F. No. 1971, A bill for an act relating to the legislature; requiring study of nonpartisan legislature.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Knoblach, Otremba, Stanek, Larsen and Jennings introduced:
H. F. No. 1972, A bill for an act relating to the legislature; requiring study of nonpartisan legislature.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Sykora, Kelso, McElroy, Ness and Warkentin introduced:
H. F. No. 1973, A bill for an act relating to the legislature; requiring study of nonpartisan legislature.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Anderson, B.; Osskopp; Boudreau; Knoblach and Mares introduced:
H. F. No. 1974, A bill for an act relating to state government; providing that the legislature is subject to certain laws that govern state executive agencies; requiring study of certain topics; amending Minnesota Statutes 1994, sections 16A.124, subdivision 1; 43A.05, subdivision 5; 43A.19, subdivision 1; 179A.03, subdivision 15; and 363.073, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Van Engen and Osskopp introduced:
H. F. No. 1975, A bill for an act relating to marriage dissolution; requiring the consent of both parties to grant a dissolution; requiring attorneys to advise clients of certain legal issues; amending Minnesota Statutes 1994, section 518.06, subdivision 1.
The bill was read for the first time and referred to the Committee on Judiciary.
Warkentin, Krinkie and Swenson, D., introduced:
H. F. No. 1976, A bill for an act relating to the lottery; requiring certain information to be included in lottery publications, prize announcement signs, electronic messages, and on-line lottery tickets; amending Minnesota Statutes 1994, section 349A.09, subdivision 1.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Krinkie, Larsen, Broecker, Leppik and Commers introduced:
H. F. No. 1977, A bill for an act relating to taxation; reducing property tax class rates; amending Minnesota Statutes 1994, sections 273.13, subdivisions 22, 23, 24, 25, and 31; and 273.1398, subdivision 1; repealing Minnesota Statutes 1994, section 273.13, subdivision 32.
The bill was read for the first time and referred to the Committee on Taxes.
Olson, M.; Tuma; Anderson, B.; Mares and Knight introduced:
H. F. No. 1978, A bill for an act relating to education; permitting a school district to not comply with a state mandate under certain conditions; proposing coding for new law in Minnesota Statutes, chapter 126.
The bill was read for the first time and referred to the Committee on Education.
Schumacher, Holsten, Opatz, Lieder and Mares introduced:
H. F. No. 1979, A bill for an act relating to the legislature; requiring study of nonpartisan legislature.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.
Olson, M.; Anderson, B., and Osskopp introduced:
H. F. No. 1980, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; authorizing the death penalty for first degree murder.
The bill was read for the first time and referred to the Committee on Judiciary.
Huntley, Lourey, Simoneau, Murphy and Jaros introduced:
H. F. No. 1981, A bill for an act relating to the Lake Superior Center Authority; authorizing the issuance of state bonds for construction of facilities for the authority; appropriating money.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Pugh introduced:
H. F. No. 1982, A bill for an act relating to commerce; establishing trust accounts for certain funds received by contractors or subcontractors for construction labor, services, or materials; amending Minnesota Statutes 1994, section 514.07.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Simoneau and Bertram introduced:
H. F. No. 1983, A bill for an act relating to credit unions; regulating the use of the words "credit union"; prescribing a penalty; amending Minnesota Statutes 1994, section 52.03, subdivision 1.
The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.
Leighton introduced:
H. F. No. 1984, A bill for an act relating to the environment; prohibiting disposal of corrugated paper products; proposing coding for new law in Minnesota Statutes, chapter 115A.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Simoneau and Bertram introduced:
H. F. No. 1985, A bill for an act relating to horse racing; providing for additional wagering; amending Minnesota Statutes 1994, section 240.13, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Governmental Operations.
Simoneau introduced:
H. F. No. 1986, A bill for an act relating to courts; authorizing courts to transmit minor settlement funds to the state board of investment; proposing coding for new law in Minnesota Statutes, chapters 11A and 548.
The bill was read for the first time and referred to the Committee on Judiciary.
Jaros; Garcia; Swenson, D.; Trimble and Johnson, R., introduced:
H. F. No. 1987, A bill for an act proposing an amendment to the Minnesota Constitution, article XIII, section 3; repealing the constitutional autonomy of the University of Minnesota.
The bill was read for the first time and referred to the Committee on Education.
Dawkins introduced:
H. F. No. 1988, A bill for an act relating to community property; enacting the uniform disposition of community property rights at death act; proposing coding for new law as Minnesota Statutes, chapter 526A.
The bill was read for the first time and referred to the Committee on Judiciary.
Goodno introduced:
H. F. No. 1989, A bill for an act relating to commerce; providing for economic impact statements on bills that regulate the activities of businesses in this state; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Orfield, Abrams, Farrell, Leighton and Skoglund introduced:
H. F. No. 1990, A bill for an act relating to wills; enacting the uniform statutory will act; proposing coding for new law as Minnesota Statutes, chapter 524A.
The bill was read for the first time and referred to the Committee on Judiciary.
Van Engen, McGuire, Entenza, Tuma and Macklin introduced:
H. F. No. 1991, A bill for an act relating to collection and dissemination of data; enacting the uniform information practices code; repealing the government data practices act; prescribing penalties; proposing coding for new law as Minnesota Statutes, chapter 13C; repealing Minnesota Statutes 1994, sections 13.01; 13.02; 13.03; 13.04; 13.05; 13.06; 13.07; 13.072; 13.08; 13.09; 13.10; 13.30; 13.31; 13.32; 13.33; 13.34; 13.35; 13.36; 13.37; 13.38; 13.39; 13.40; 13.41; 13.42; 13.43; 13.44; 13.45; 13.46; 13.47; 13.48; 13.49; 13.50; 13.51; 13.511; 13.52; 13.521; 13.528; 13.53; 13.531; 13.54; 13.55; 13.551; 13.552; 13.56; 13.57; 13.59; 13.60; 13.61; 13.62; 13.63; 13.64; 13.642; 13.643; 13.645; 13.65; 13.66; 13.67; 13.671; 13.68; 13.69; 13.691; 13.692; 13.71; 13.72; 13.74; 13.75; 13.76; 13.761; 13.77; 13.771; 13.78; 13.79; 13.791; 13.792; 13.793; 13.794; 13.80; 13.82; 13.83; 13.84; 13.85; 13.86; 13.861; 13.87; 13.88; 13.89; 13.90; and 13.99.
The bill was read for the first time and referred to the Committee on Judiciary.
Johnson, R.; Kinkel; Olson, E.; Lieder and Bettermann introduced:
H. F. No. 1992, A bill for an act relating to human services; directing the commissioner to establish nursing facility operating cost limits that do not vary with geographic location; amending Minnesota Statutes 1994, section 256B.431, subdivisions 1, 2b, and by adding a subdivision; repealing Minnesota Rules, part 9549.0052.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Wenzel and Anderson, I., introduced:
H. F. No. 1993, A bill for an act relating to local government aids; modifying the distribution of city aid; amending Minnesota Statutes 1994, sections 477A.011, subdivisions 1a and 34; 477A.013, subdivision 9; and 477A.03, subdivision 2, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 477A.
The bill was read for the first time and referred to the Committee on Taxes.
Entenza, Long and Lourey introduced:
H. F. No. 1994, A bill for an act relating to commerce; regulating the net earnings of corporations; prohibiting private inurement; proposing coding for new law in Minnesota Statutes, chapter 317A.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Leighton, Bertram, Entenza, Smith and Bishop introduced:
H. F. No. 1995, A bill for an act relating to children; adopting the uniform status of children of assisted conception act; proposing coding for new law as Minnesota Statutes, chapter 258A.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Seagren introduced:
H. F. No. 1996, A bill for an act relating to insurance; authorizing the establishment and use of medical savings accounts; exempting contributions from taxation; amending Minnesota Statutes 1994, section 290.01, subdivisions 19a, 19b, and 19d; proposing coding for new law as Minnesota Statutes, chapter 62S.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Seagren introduced:
H. F. No. 1997, A bill for an act relating to insurance; requiring the commissioner of commerce to study medical savings accounts.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Bishop, Simoneau, Abrams, Pugh and Skoglund introduced:
H. F. No. 1998, A bill for an act relating to trusts; enacting the uniform prudent investor act proposed by the National Conference of Commissioners on Uniform State Laws; amending Minnesota Statutes 1994, section 501B.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 501B.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
Mahon, Lynch, Sviggum and Anderson, I., introduced:
H. F. No. 1999, A bill for an act relating to commerce; charitable and endorsement solicitation; defining solicitor; requiring a solicitor to identify volunteer or paid status and to provide written information on the solicitor's name, intent, tax status, and address; providing the solicited party with a right of cancellation and requiring that the solicitor provide written notice to the solicited party of the right of cancellation; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 325G.
The bill was read for the first time and referred to the Committee on Commerce, Tourism and Consumer Affairs.
The following House Advisories were introduced:
Winter, Tunheim, Peterson, Bertram and Tomassoni introduced:
H. A. No. 18, A proposal to study the equitable participation of students in school sports.
The advisory was referred to the Committee on Education.
Peterson, Skoglund, Smith, Pugh and Jennings introduced:
H. A. No. 19, A proposal to study more effective ways to recover conciliation court judgments.
The advisory was referred to the Committee on Judiciary.
Peterson, Trimble, Winter, Wenzel and Johnson, V., introduced:
H. A. No. 20, A proposal to study establishment and provide funding for a Minnesota Agricultural Bank.
The advisory was referred to the Committee on Agriculture.
Bakk and Anderson, I., introduced:
H. A. No. 21, A proposal relating to natural resources; creating a task force to recommend changes in the operation of the Department of Natural Resources.
The advisory was referred to the Committee on Environment and Natural Resources.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 365, A bill for an act relating to insurance; no-fault auto; regulating priorities of coverage for taxis; amending Minnesota Statutes 1994, section 65B.47, subdivision 1a.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Janine Mattson, Assistant Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1040, A bill for an act relating to retirement; providing various benefit increases and related modifications; requiring collateralization and investment authority statement; amending Minnesota Statutes 1994, sections 3A.02, subdivision 5; 124.916, subdivision 3; 136.90; 352.01, subdivision 13; 352B.01, subdivision 2; 352B.02, subdivision 1a; 352B.08, subdivision 2; 352B.10, subdivision 1; 353.65, subdivision 7; 353.651, subdivision 4; 354.445; 354.66, subdivision 4; 354A.094, subdivision 4; 354A.12, subdivisions 1, 2, and by adding a subdivision; 354A.27, subdivision 1, and by adding subdivisions; 354A.31, subdivision 4, and by adding subdivisions; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; 354B.08, subdivision 2; 356.219, subdivision 2; 356.30, subdivision 1; 356.611; 356A.06, by adding subdivisions; 422A.05, by adding a subdivision; 422A.09, subdivision 2; and 422A.101, subdivision 1a; Laws 1994, chapter 499, section 2; proposing coding for new law in Minnesota Statutes, chapters 125; and 356; repealing Minnesota Statutes 1994, sections 3A.10, subdivision 2; 352.021, subdivision 5; and 354A.27, subdivisions 2, 3, and 4; Laws 1971, chapter 127, section 1, as amended.
The Senate has appointed as such committee:
Messrs. Morse, Riveness, Pogemiller, Stevens and Terwilliger.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1478, A bill for an act relating to state government; requiring notice to the commissioner of agriculture and certain other actions before an agency adopts or repeals rules that affect farming operations; amending Minnesota Statutes 1994, sections 14.11, by adding a subdivision; and 116.07, subdivision 4.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Janine Mattson, Assistant Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1700, A bill for an act relating to the organization and operation of state government; appropriating money for the judicial branch, public safety, public defense, corrections, and for other criminal justice agencies and purposes; making changes to various criminal laws and penalties; modifying juvenile justice provisions; amending Minnesota Statutes 1994, sections 2.722, subdivision 1; 3.732, subdivision 1; 16A.285; 43A.18, by adding a subdivision; 120.101, subdivision 1; 120.14; 120.17, subdivisions 5a, 6, and 7; 120.181; 120.73, by adding a subdivision; 124.18, by adding a subdivision; 124.32, subdivision 6; 125.05, by adding a subdivision; 125.09, subdivision 1; 127.20; 127.27, subdivision 10; 145A.05, subdivision 7a; 152.18, subdivision 1; 171.04, subdivision 1; 171.29, subdivision 2; 176.192; 179A.03, subdivision 7; 242.31, subdivision 1; 243.166; 243.23, subdivision 3; 243.51, subdivisions 1 and 3; 243.88, by adding a subdivision; 260.015, subdivision 21; 260.115, subdivision 1; 260.125; 260.126, subdivision 5; 260.131, subdivision 4, and by adding a subdivision; 260.132, subdivisions 1, 4, and by adding a subdivision; 260.155, subdivisions 2 and 4; 260.161, subdivision 3; 260.181, subdivision 4; 260.185, subdivision 6, and by adding subdivisions; 260.191, subdivision 1; 260.193, subdivision 4; 260.195, subdivision 3, and by adding a subdivision; 260.215, subdivision 1; 260.291, subdivision 1; 271.06, subdivision 4; 299A.33, subdivision 3; 299A.35, subdivision 1; 299A.51, subdivision 2; 299C.065, subdivisions 1a, 3, and 3a; 299C.10, subdivision 1, and by adding a subdivision; 299C.62, subdivision 4; 357.021, subdivision 2; 364.09; 388.24, subdivision 4; 401.065, subdivision 3a; 401.10; 466.03, by adding a subdivision; 480.30; 481.01; 494.03; 518.165, by adding subdivisions; 518B.01, subdivisions 2, 4, 8, 14, and by adding a subdivision; 609.055, subdivision 2; 609.101, subdivisions 1, 2, and 3; 609.115, by adding a subdivision; 609.135, by adding a subdivision; 609.1352, subdivisions 1, 3, and 5; 609.152, subdivision 1; 609.19; 609.3451, subdivision 1; 609.485, subdivisions 2 and 4; 609.605, subdivision 4; 609.746, subdivision 1; 609.748, subdivision 3a; 609.749, subdivision 5; 611.27, subdivision 4; 611A.01; 611A.04, subdivision 1; 611A.19, subdivision 1; 611A.31, subdivision 2; 611A.53, subdivision 2; 611A.71, subdivision 7; 611A.73, subdivision 3; 611A.74; 617.23; 624.22; 624.712, subdivision 5; 626.841; 626.843, subdivision 1; 626.861, subdivisions 1 and 4; 628.26; 629.341, subdivision 1; 629.715, subdivision 1; 629.72, subdivisions 1, 2, and 6; 641.14; and 641.15, subdivision 2; Laws 1993, chapter 255, sections 1, subdivisions 1 and 4; and 2; and Laws 1994, chapter 643, section 79, subdivisions 1, 2, and 4; proposing coding for new law in Minnesota Statutes, chapters 8; 16B; 120; 127; 243; 244; 257; 260; 299A; 299C; 299F; 401; 504; 563; 609; 611A; 626; and 629; proposing coding for new law as Minnesota Statutes, chapter 260A; repealing Minnesota Statutes 1994, sections 121.166; 126.25; and 611A.61, subdivision 3; Laws 1994, chapter 576, section 1.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 1910, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.
Patrick E. Flahaven, Secretary of the Senate
Olson, E., moved that the House concur in the Senate amendments to H. F. No. 1910 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 1910, A bill for an act relating to claims against the state; providing for payment of various claims; appropriating money.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abrams Farrell Knoblach Onnen Solberg Anderson, B. Finseth Koppendrayer Opatz Stanek Anderson, R. Frerichs Kraus Orenstein Sviggum Bakk Garcia Larsen Osskopp Swenson, D. Bertram Girard Leighton Osthoff Swenson, H. Bettermann Goodno Leppik Ostrom Sykora Bishop Greenfield Lieder Otremba Tomassoni Boudreau Greiling Long Ozment Tompkins Bradley Haas Lourey Paulsen Trimble Broecker Hackbarth Luther Pawlenty Tuma Brown Harder Macklin Pellow Tunheim Carlson Hasskamp Mahon Pelowski Van Dellen Carruthers Hausman Mares Perlt Van Engen Clark Holsten Mariani Peterson Vickerman Commers Hugoson Marko Pugh Wagenius Cooper Huntley McCollum Rest Warkentin Daggett Jaros McElroy Rhodes Weaver Dauner Jefferson McGuire Rice Wejcman Davids Johnson, A. Milbert Rostberg Wenzel Dawkins Johnson, R. Molnau Rukavina Winter Dehler Johnson, V. Mulder Sarna Wolf Delmont Kahn Munger Schumacher Worke Dempsey Kalis Murphy Seagren Workman Dorn Kelley Ness Simoneau Sp.Anderson,I Entenza Kelso Olson, E. Skoglund Erhardt Kinkel Olson, M. SmithThose who voted in the negative were:
Knight Krinkie LindnerThe bill was repassed, as amended by the Senate, and its title agreed to.
On the motion of Abrams and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Frerichs Kraus Onnen Stanek Anderson, B. Garcia Krinkie Opatz Sviggum Bakk Girard Larsen Orenstein Swenson, D. Bertram Goodno Leighton Orfield Swenson, H. Bettermann Greenfield Leppik Osskopp Sykora Bishop Greiling Lieder Osthoff Tomassoni Boudreau Haas Lindner Ostrom Tompkins Bradley Hackbarth Long Otremba Trimble Broecker Harder Lourey Ozment Tuma Brown Hasskamp Luther Paulsen TunheimCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
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Carlson Hausman Lynch Pawlenty Van Dellen Carruthers Holsten Macklin Pellow Van Engen Clark Hugoson Mahon Pelowski Vickerman Commers Huntley Mares Perlt Wagenius Cooper Jaros Mariani Peterson Warkentin Daggett Jefferson Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dawkins Johnson, V. McGuire Rostberg Winter Dehler Kahn Milbert Rukavina Wolf Delmont Kalis Molnau Sarna Worke Dempsey Kelley Mulder Schumacher Workman Dorn Kelso Munger Seagren Sp.Anderson,I Entenza Kinkel Murphy Simoneau Erhardt Knight Ness Skoglund Farrell Knoblach Olson, E. Smith Finseth Koppendrayer Olson, M. Solberg
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:
H. F. No. 642, A bill for an act relating to workers' compensation; modifying provisions relating to insurance, procedures and benefits; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.69, subdivision 1; 13.82, subdivision 1; 79.074, subdivision 2; 79.085; 79.211, subdivision 1; 79.251, subdivision 2, and by adding a subdivision; 79.253, by adding a subdivision; 79.34, subdivision 2; 79.35; 79.50; 79.51, subdivisions 1 and 3; 79.52, by adding subdivisions; 79.53, subdivision 1; 79.55, subdivisions 2, 5, and by adding subdivisions; 79.56, subdivisions 1 and 3; 79.60, subdivision 1; 79A.01, subdivisions 1, 4, and by adding a subdivision; 79A.02, subdivisions 1, 2, and 4; 79A.03, by adding a subdivision; 79A.04, subdivisions 2 and 9; 79A.09, subdivision 4; 79A.15; 168.012, subdivision 1; 175.16; 176.011, subdivisions 16 and 25; 176.021, subdivisions 3 and 3a; 176.061, subdivision 10; 176.081, subdivisions 1, 7, 7a, 9, and by adding a subdivision; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding a subdivision; 176.102, subdivisions 3a and 11; 176.103, subdivisions 2 and 3; 176.104, subdivision 1; 176.105, subdivision 4; 176.106; 176.129, subdivisions 9 and 10; 176.130, subdivision 9; 176.135, subdivision 1; 176.1351, subdivisions 1 and 5; 176.136, subdivisions 1a, 1b, and 2; 176.138; 176.139, subdivision 2; 176.178; 176.179; 176.181, subdivisions 7 and 8; 176.182; 176.183, subdivisions 1 and 2; 176.185, subdivision 5a; 176.191, subdivisions 1, 5, 8, and by adding a subdivision; 176.194, subdivision 4; 176.215, by adding a subdivision; 176.221, subdivisions 1, 3, 3a, 6a, and 7; 176.225, subdivisions 1 and 5; 176.231, subdivision 10; 176.238, subdivisions 6 and 10; 176.261; 176.2615, subdivision 7; 176.275, subdivision 1; 176.281; 176.285; 176.291; 176.305, subdivision 1a; 176.645; 176.66, subdivision 11; 176.82; 176.83, subdivision 5; 176.84, subdivision 2; and 268.08, subdivision 3; Laws 1994, chapter 625, article 5, section 7; proposing coding for new law in Minnesota Statutes, chapters 79; 79A; 175; 176; and 182; repealing Minnesota Statutes 1994, sections 79.53, subdivision 2; 79.54; 79.56, subdivision 2; 79.57; 79.58; 175.007; 176.011, subdivision 26; 176.081, subdivisions 2, 5, 7, and 8; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 176.103, subdivisions 2 and 21; 176.132; 176.133; 176.191, subdivision 2; 176.232; and 176.86; Laws 1990, chapter 521, section 4.
Patrick E. Flahaven, Secretary of the Senate
Winter moved that the House refuse to concur in the Senate amendments to H. F. No. 642, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses.
A roll call was requested and properly seconded.
The question was taken on the Winter motion and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 54 yeas and 78 nays as follows:
Those who voted in the affirmative were:
Bakk Greiling Leighton Murphy Skoglund Brown Hasskamp Long Orenstein Solberg Carlson Hausman Lourey Orfield Tomassoni Carruthers Huntley Luther Osthoff Trimble Clark Jaros Mahon Ozment Tunheim Dawkins Jefferson Mariani Perlt Wagenius Delmont Johnson, A. Marko Pugh Wejcman Entenza Johnson, R. McCollum Rest Wenzel Farrell Kahn McGuire Rice Winter Garcia Kelley Milbert Rukavina Sp.Anderson,IThose who voted in the negative were:
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Greenfield Kinkel Munger Sarna
Abrams Erhardt Kraus Opatz Sviggum Anderson, B. Finseth Krinkie Osskopp Swenson, D. Bertram Frerichs Larsen Ostrom Swenson, H. Bettermann Girard Leppik Otremba Sykora Bishop Goodno Lieder Paulsen Tompkins Boudreau Haas Lindner Pawlenty Tuma Bradley Hackbarth Lynch Pellow Van Dellen Broecker Harder Macklin Pelowski Van Engen Commers Holsten Mares Peterson Vickerman Cooper Hugoson McElroy Rhodes Warkentin Daggett Johnson, V. Molnau Rostberg Weaver Dauner Kalis Mulder Schumacher Wolf Davids Kelso Ness Seagren Worke Dehler Knight Olson, E. Simoneau Workman Dempsey Knoblach Olson, M. Smith Dorn Koppendrayer Onnen StanekThe motion did not prevail.
Winter moved that the House concur in the Senate amendments to H. F. No. 642 and that the bill be repassed as amended by the Senate.
A roll call was requested and properly seconded.
The question was taken on the Winter motion and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 82 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Kraus Opatz Swenson, D. Anderson, B. Frerichs Krinkie Osskopp Swenson, H. Bertram Girard Larsen Ostrom Sykora Bettermann Goodno Leppik Otremba Tompkins Bishop Greiling Lieder Paulsen Tuma Boudreau Haas Lindner Pawlenty Tunheim Bradley Hackbarth Lynch Pellow Van Dellen Broecker Harder Macklin Pelowski Van Engen Commers Holsten Mares Peterson Vickerman Cooper Hugoson McElroy Rhodes Warkentin Daggett Jennings McGuire Rostberg Weaver Dauner Johnson, V. Molnau Schumacher Wolf Davids Kalis Mulder Seagren Worke Dehler Kelso Ness Simoneau Workman Dempsey Knight Olson, E. Smith Dorn Knoblach Olson, M. Stanek Erhardt Koppendrayer Onnen SviggumThose who voted in the negative were:
Bakk Hasskamp Long Orfield Tomassoni Brown Hausman Lourey Osthoff TrimbleThe motion prevailed.
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Carlson Huntley Luther Ozment Wagenius Carruthers Jaros Mahon Perlt Wejcman Clark Jefferson Mariani Pugh Wenzel Dawkins Johnson, A. Marko Rest Winter Delmont Johnson, R. McCollum Rice Sp.Anderson,I Entenza Kahn Milbert Rukavina Farrell Kelley Munger Sarna Garcia Kinkel Murphy Skoglund Greenfield Leighton Orenstein Solberg
H. F. No. 642, A bill for an act relating to workers' compensation; modifying provisions relating to insurance, procedures and benefits; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.69, subdivision 1; 13.82, subdivision 1; 79.074, subdivision 2; 79.085; 79.211, subdivision 1; 79.251, subdivision 2, and by adding a subdivision; 79.253, by adding a subdivision; 79.34, subdivision 2; 79.35; 79.50; 79.51, subdivisions 1 and 3; 79.52, by adding subdivisions; 79.53, subdivision 1; 79.55, subdivisions 2, 5, and by adding subdivisions; 79.56, subdivisions 1 and 3; 79.60, subdivision 1; 79A.01, subdivisions 1, 4, and by adding a subdivision; 79A.02, subdivisions 1, 2, and 4; 79A.03, by adding a subdivision; 79A.04, subdivisions 2 and 9; 79A.09, subdivision 4; 79A.15; 168.012, subdivision 1; 175.16; 176.011, subdivisions 16 and 25; 176.021, subdivisions 3 and 3a; 176.061, subdivision 10; 176.081, subdivisions 1, 7, 7a, 9, and by adding a subdivision; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by adding a subdivision; 176.102, subdivisions 3a and 11; 176.103, subdivisions 2 and 3; 176.104, subdivision 1; 176.105, subdivision 4; 176.106; 176.129, subdivisions 9 and 10; 176.130, subdivision 9; 176.135, subdivision 1; 176.1351, subdivisions 1 and 5; 176.136, subdivisions 1a, 1b, and 2; 176.138; 176.139, subdivision 2; 176.178; 176.179; 176.181, subdivisions 7 and 8; 176.182; 176.183, subdivisions 1 and 2; 176.185, subdivision 5a; 176.191, subdivisions 1, 5, 8, and by adding a subdivision; 176.194, subdivision 4; 176.215, by adding a subdivision; 176.221, subdivisions 1, 3, 3a, 6a, and 7; 176.225, subdivisions 1 and 5; 176.231, subdivision 10; 176.238, subdivisions 6 and 10; 176.261; 176.2615, subdivision 7; 176.275, subdivision 1; 176.281; 176.285; 176.291; 176.305, subdivision 1a; 176.645; 176.66, subdivision 11; 176.82; 176.83, subdivision 5; 176.84, subdivision 2; and 268.08, subdivision 3; Laws 1994, chapter 625, article 5, section 7; proposing coding for new law in Minnesota Statutes, chapters 79; 79A; 176; and 182; repealing Minnesota Statutes 1994, sections 79.53, subdivision 2; 79.54; 79.56, subdivision 2; 79.57; 79.58; 176.011, subdivision 26; 176.081, subdivisions 2, 5, and 8; 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 176.103, subdivision 2a; 176.132; 176.133; 176.191, subdivision 2; 176.232; and 176.86; Laws 1990, chapter 521, section 4.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 81 yeas and 52 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Krinkie Osskopp Swenson, H. Anderson, B. Frerichs Larsen Ostrom Sykora Bertram Girard Leppik Otremba Tompkins Bettermann Goodno Lieder Paulsen Tuma Bishop Greiling Lindner Pawlenty Tunheim Boudreau Haas Lynch Pellow Van Dellen Bradley Hackbarth Macklin Pelowski Van Engen Broecker Harder Mares Peterson Vickerman Commers Holsten McElroy Rhodes Warkentin Cooper Hugoson McGuire Rostberg Weaver Daggett Jennings Molnau Schumacher Wolf Dauner Johnson, V. Mulder Seagren Worke Davids Kalis Ness Simoneau Workman Dehler Kelso Olson, E. Smith Dempsey Knoblach Olson, M. Stanek Dorn Koppendrayer Onnen Sviggum Erhardt Kraus Opatz Swenson, D.Those who voted in the negative were:
Bakk Hasskamp Leighton Orenstein Solberg Brown Hausman Long Orfield Tomassoni Carlson Huntley Lourey Osthoff Trimble Carruthers Jaros Luther Ozment Wagenius Clark Jefferson Mahon Perlt Wejcman Dawkins Johnson, A. Mariani Pugh Wenzel Delmont Johnson, R. Marko Rest Winter Entenza Kahn McCollum Rice Sp.Anderson,I Farrell Kelley Milbert Rukavina Garcia Kinkel Munger SarnaThe bill was repassed, as amended by the Senate, and its title agreed to.
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5331
Greenfield Knight Murphy Skoglund
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 512.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144A.612; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; and 631.40, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, section 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19.
May 18, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 512, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 512 be further amended as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 626.557, subdivision 1, is amended to read:
Subdivision 1. [PUBLIC POLICY.] The legislature declares that
the public policy of this state is to protect adults who, because
of physical or mental disability or dependency on institutional
services, are particularly vulnerable to abuse or neglect
maltreatment; to assist in providing safe environments
for vulnerable adults; and to provide safe
institutional or residential services, community-based
services, or living environments for vulnerable adults who
have been abused or neglected; and to assist persons charged
with the care of vulnerable adults to provide safe
environments maltreated.
In addition, it is the policy of this state to require the
reporting of suspected abuse or neglect
maltreatment of vulnerable adults, to provide for the
voluntary reporting of abuse or neglect
maltreatment of vulnerable adults, to require the
investigation of the reports, and to provide protective and
counseling services in appropriate cases.
Sec. 2. Minnesota Statutes 1994, section 626.557, subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO TIMING OF REPORT.]
A professional or the professional's delegate who is engaged
in the care of vulnerable adults, education, social services, law
enforcement, or any of the regulated occupations referenced in
subdivision 2, clause (g)(3) and (4), or an employee of a
rehabilitation facility certified by the commissioner of economic
security for vocational rehabilitation, or an employee of or
person providing services in a facility who has knowledge of the
abuse or neglect of a vulnerable adult, has reasonable cause to
believe (a) A mandated reporter who has reason to
believe that a vulnerable adult is being or has been
abused or neglected maltreated, or who has
knowledge that a vulnerable adult has sustained a physical injury
which is not reasonably explained by the history of injuries
provided by the caretaker or caretakers of the vulnerable
adult shall immediately report the information to the
local police department, county sheriff, local welfare agency,
or appropriate licensing or certifying agency common entry
point. If an individual is a vulnerable adult solely because the
individual is admitted to a facility, a mandated reporter is not
required to report suspected maltreatment of the individual that
occurred prior to admission, unless:
(1) the individual was admitted to the facility from another facility and the reporter has reason to believe the vulnerable adult was maltreated in the previous facility; or
(2) the reporter knows or has reason to believe that the
individual is a vulnerable adult as defined in section 626.5572,
subdivision 21, clause (4). The police department or the
county sheriff, upon receiving a report, shall immediately notify
the local welfare agency. The local welfare agency, upon
receiving a report, shall immediately notify the local police
department or the county sheriff and the appropriate licensing
agency or agencies.
(b) A person not required to report under the provisions
of this subdivision section may voluntarily report
as described above. Medical examiners or coroners shall
notify the police department or county sheriff and the local
welfare department in instances in which they believe that a
vulnerable adult has died as a result of abuse or neglect.
(c) Nothing in this subdivision shall be construed to
require the reporting or transmittal of information regarding an
incident of abuse or neglect or suspected abuse or neglect if the
incident has been reported or transmitted to the appropriate
person or entity section requires a report of known or
suspected maltreatment, if the reporter knows or has reason to
know that a report has been made to the common entry
point.
(d) Nothing in this section shall preclude a reporter from also reporting to a law enforcement agency.
Sec. 3. Minnesota Statutes 1994, section 626.557, subdivision 3a, is amended to read:
Subd. 3a. [REPORT NOT REQUIRED.] The following events are not required to be reported under this section:
(a) A circumstance where federal law specifically
prohibits a person from disclosing patient identifying
information in connection with a report of suspected abuse or
neglect under Laws 1983, chapter 273, section 3
maltreatment, that person need not make a required
report unless the vulnerable adult, or the vulnerable adult's
guardian, conservator, or legal representative, has consented to
disclosure in a manner which conforms to federal requirements.
Facilities whose patients or residents are covered by such a
federal law shall seek consent to the disclosure of suspected
abuse or neglect maltreatment from each patient or
resident, or a guardian, conservator, or legal representative,
upon the patient's or resident's admission to the facility.
Persons who are prohibited by federal law from reporting an
incident of suspected abuse or neglect maltreatment
shall promptly immediately seek consent to make a
report.
(b) Except as defined in subdivision 2, paragraph (d),
clause (1), Verbal or physical aggression occurring between
patients, residents, or clients of a facility, or self-abusive
behavior of by these persons does not constitute
"abuse" for the purposes of subdivision 3 abuse
unless it the behavior causes serious harm. The
operator of the facility or a designee shall record incidents of
aggression and self-abusive behavior in a manner that
facilitates periodic to facilitate review by licensing
agencies and county and local welfare agencies.
(c) Accidents as defined in section 626.5572, subdivision 3.
(d) Events occurring in a facility that result from an individual's single mistake, as defined in section 626.5572, subdivision 17, paragraph (c), clause (4).
(e) Nothing in this section shall be construed to
require a report of abuse financial exploitation,
as defined in section 626.5572, subdivision 2
9, paragraph (d), clause (4), solely on the basis
of the transfer of money or property by gift or as compensation
for services rendered.
Sec. 4. Minnesota Statutes 1994, section 626.557, subdivision 4, is amended to read:
Subd. 4. [REPORT REPORTING.] A person
required to report under subdivision 3 mandated
reporter shall immediately make an oral report
immediately by telephone or otherwise. A person required to
report under subdivision 3 shall also make a report as soon as
possible in writing to the appropriate police department, the
county sheriff, local welfare agency, or appropriate licensing
agency. The written report shall to the common entry
point. Use of a telecommunications device for the deaf or other
similar device shall be considered an oral report. The common
entry point may not require written reports. To the extent
possible, the report must be of sufficient content to
identify the vulnerable adult, the caretaker
caregiver, the nature and extent of the suspected abuse
or neglect maltreatment, any evidence of previous
abuse or neglect maltreatment, the name and
address of the reporter, the time, date, and location of the
incident, and any other information that the reporter
believes might be helpful in investigating the suspected abuse
or neglect maltreatment. Written reports received
by a police department or a county sheriff shall be forwarded
immediately to the local welfare agency. The police department
or the county sheriff may keep copies of reports received by
them. Copies of written reports received by a local welfare
department shall be forwarded immediately to the local police
department or the county sheriff and the appropriate licensing
agency or agencies. A mandated reporter may disclose not
public data, as defined in section 13.02, and medical records
under section 144.335, to the extent necessary to comply with
this subdivision.
Sec. 5. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 4a. [INTERNAL REPORTING OF MALTREATMENT.] (a) Each facility shall establish and enforce an ongoing written procedure in compliance with applicable licensing rules to ensure that all cases of suspected maltreatment are reported. If a facility has an internal reporting procedure, a mandated reporter may meet the reporting requirements of this section by reporting internally. However, the facility remains responsible for complying with the immediate reporting requirements of this section.
(b) A facility with an internal reporting procedure that receives an internal report by a mandated reporter shall give the mandated reporter a written notice stating whether the facility has reported the incident to the common entry point. The written notice must be provided within two working days and in a manner that protects the confidentiality of the reporter.
(c) The written response to the mandated reporter shall note that if the mandated reporter is not satisfied with the action taken by the facility on whether to report the incident to the common entry point, then the mandated reporter may report externally.
(d) A facility may not prohibit a mandated reporter from reporting externally, and a facility is prohibited from retaliating against a mandated reporter who reports an incident to the common entry point in good faith. The written notice by the facility must inform the mandated reporter of this protection from retaliatory measures by the facility against the mandated reporter for reporting externally.
Sec. 6. Minnesota Statutes 1994, section 626.557, subdivision 5, is amended to read:
Subd. 5. [IMMUNITY; FROM LIABILITY PROTECTION FOR
REPORTERS.] (a) A person making a voluntary or mandated
report under subdivision 3 or participating in an investigation
under this section is immune from any civil or criminal liability
that otherwise might result from the person's actions, if the
person is acting in good faith who makes a good faith
report is immune from any civil or criminal liability that might
otherwise result from making the report, or from participating in
the investigation, or for failure to comply fully with the
reporting obligation under section 609.234 or 626.557,
subdivision 7.
(b) A person employed by a local welfare lead
agency or a state licensing agency who is conducting or
supervising an investigation or enforcing the law in compliance
with subdivision 10, 11, or 12 this section or any
related rule or provision of law is immune from any civil or
criminal liability that might otherwise result from the person's
actions, if the person is acting in good faith and exercising due
care.
(c) A person who knows or has reason to know a report has been made to a common entry point and who in good faith participates in an investigation of alleged maltreatment is immune from civil or criminal liability that otherwise might result from making the report, or from failure to comply with the reporting obligation or from participating in the investigation.
(d) The identity of any reporter may not be disclosed, except as provided in subdivision 12b.
Sec. 7. Minnesota Statutes 1994, section 626.557, subdivision 6, is amended to read:
Subd. 6. [FALSIFIED REPORTS.] A person or facility who
intentionally makes a false report under the provisions of this
section shall be liable in a civil suit for any actual damages
suffered by the reported facility, person or persons so
reported and for any punitive damages set by the
court or jury up to $10,000 and attorney's fees.
Sec. 8. Minnesota Statutes 1994, section 626.557, subdivision 7, is amended to read:
Subd. 7. [FAILURE TO REPORT.] (a) A person required to
report by this section who intentionally fails to report is
guilty of a misdemeanor.
(b) A person required by this section to report A
mandated reporter who negligently or intentionally fails to
report is liable for damages caused by the failure. Nothing
in this subdivision imposes vicarious liability for the acts or
omissions of others.
Sec. 9. Minnesota Statutes 1994, section 626.557, subdivision 8, is amended to read:
Subd. 8. [EVIDENCE NOT PRIVILEGED.] No evidence regarding the
abuse or neglect maltreatment of the vulnerable
adult shall be excluded in any proceeding arising out of the
alleged abuse or neglect maltreatment on the
grounds of lack of competency under section 595.02.
Sec. 10. Minnesota Statutes 1994, section 626.557, subdivision 9, is amended to read:
Subd. 9. [MANDATORY REPORTING TO A MEDICAL EXAMINER OR
CORONER THE COMMON ENTRY POINT.] A person required
to report under the provisions of subdivision 3 who has
reasonable cause to believe that a vulnerable adult has died as a
direct or indirect result of abuse or neglect shall report that
information to the appropriate medical examiner or coroner in
addition to the local welfare agency, police department, or
county sheriff or appropriate licensing agency or agencies. The
medical examiner or coroner shall complete an investigation as
soon as feasible and report the findings to the police department
or county sheriff, the local welfare agency, and, if applicable,
each licensing agency. A person or agency that receives a report
under this subdivision concerning a vulnerable adult who was
receiving services or treatment for mental illness, mental
retardation or a related condition, chemical dependency, or
emotional disturbance from an agency, facility, or program as
defined in section 245.91, shall also report the information and
findings to the ombudsman established under sections 245.91 to
245.97.
(a) Each county board shall designate a common entry point for reports of suspected maltreatment. Two or more county boards may jointly designate a single common entry point.
The common entry point is the unit responsible for receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from reporters of suspected maltreatment.
The common entry point shall use a standard intake form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators, alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final reports; and
(13) if the report is from a facility with an internal reporting procedure, the name, mailing address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior to dispatching the report to the appropriate investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency any incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead agency, those agencies shall take the report on the appropriate common entry point intake forms and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and dispatch reports efficiently and in accordance with this section.
(g) When a centralized database is available, the common entry point has access to the centralized database and must log the reports in on the database.
Sec. 11. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 9a. [EVALUATION AND REFERRAL OF REPORTS MADE TO THE COMMON ENTRY POINT.] The common entry point must screen the reports of alleged or suspected maltreatment for immediate risk and make all necessary referrals as follows:
(1) if the common entry point determines that there is an immediate need for adult protective services, the common entry point agency shall immediately notify the appropriate county agency;
(2) if the report contains suspected criminal activity against a vulnerable adult, the common entry point shall immediately notify the appropriate law enforcement agency;
(3) if the report references alleged or suspected maltreatment and there is no immediate need for adult protective services, the common entry point shall notify the appropriate lead agency as soon as possible, but in any event no longer than two working days;
(4) if the report does not reference alleged or suspected maltreatment, the common entry point may determine whether the information will be referred; and
(5) if the report contains information about a suspicious death, the common entry point shall immediately notify the appropriate law enforcement agencies and the ombudsman established under section 245.92. Law enforcement agencies shall coordinate with the local medical examiner and the ombudsman as provided by law.
Sec. 12. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 9b. [RESPONSE TO REPORTS.] Law enforcement is the primary agency to conduct investigations of any incident in which there is reason to believe a crime has been committed. Law enforcement shall initiate a response immediately. If the common entry point notified a county agency for adult protective services, law enforcement shall cooperate with that county agency when both agencies are involved and shall exchange data to the extent authorized in subdivision 12b, paragraph (g). County adult protection shall initiate a response immediately. Each lead agency shall complete the investigative process for reports within its jurisdiction. Any other lead agency, county, adult protective agency, licensed facility, or law enforcement agency shall cooperate and may assist another agency upon request within the limits of its resources and expertise and shall exchange data to the extent authorized in subdivision 12b, paragraph (g). The lead agency shall obtain the results of any investigation conducted by law enforcement officials. The lead agency has the right to enter facilities and inspect and copy records as part of investigations. The lead agency has access to not public data, as defined in section 13.02, and medical records under section 144.335, that are maintained by facilities to the extent necessary to conduct its investigation. Each lead agency shall develop guidelines for prioritizing reports for investigation.
Sec. 13. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 9c. [LEAD AGENCY; NOTIFICATIONS, DISPOSITIONS, AND DETERMINATIONS.] (a) Upon request of the reporter, the lead agency shall notify the reporter that it has received the report, and provide information on the initial disposition of the report within five business days of receipt of the report, provided that the notification will not endanger the vulnerable adult or hamper the investigation.
(b) Upon conclusion of every investigation it conducts, the lead agency shall make a final disposition as defined in section 626.5572, subdivision 8.
(c) When determining whether the facility or individual is the responsible party for substantiated maltreatment, the lead agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were in accordance with, and followed the terms of, an erroneous physician order, prescription, resident care plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible for the issuance of the erroneous order, prescription, plan, or directive or knows or should have known of the errors and took no reasonable measures to correct the defect before administering care;
(2) the comparative responsibility between the facility, other caregivers, and requirements placed upon the employee, including but not limited to, the facility's compliance with related regulatory standards and factors such as the adequacy of facility policies and procedures, the adequacy of facility training, the adequacy of an individual's participation in the training, the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a consideration of the scope of the individual employee's authority; and
(3) whether the facility or individual followed professional standards in exercising professional judgment.
(d) The lead agency shall complete its final disposition within 60 calendar days. If the lead agency is unable to complete its final disposition within 60 calendar days, the lead agency shall notify the following persons provided that the notification will not endanger the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable adult's legal guardian, when known, if the lead agency knows them to be aware of the investigation and (2) the facility, where applicable. The notice shall contain the reason for the delay and the projected completion date. If the lead agency is unable to complete its final disposition by a subsequent projected completion date, the lead agency shall again notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead agency knows them to be aware of the investigation, and the facility, where applicable, of the reason for the delay and the revised projected completion date provided that the notification will not endanger the vulnerable adult or hamper the investigation. A lead agency's inability to complete the final disposition within 60 calendar days or by any projected completion date does not invalidate the final disposition.
(e) Within ten calendar days of completing the final disposition, the lead agency shall provide a copy of the public investigation memorandum under subdivision 12b, paragraph (b), clause (1), when required to be completed under this section, to the following persons: (1) the vulnerable adult, or the vulnerable adult's legal guardian, if known unless the lead agency knows that the notification would endanger the well-being of the vulnerable adult; (2) the reporter, if the reporter requested notification when making the report, provided this notification would not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known; (4) the facility; and (5) the ombudsman for older Minnesotans, or the ombudsman for mental health and mental retardation, as appropriate.
(f) The lead agency shall notify the vulnerable adult who is the subject of the report or the vulnerable adult's legal guardian, if known, and any person or facility determined to have maltreated a vulnerable adult, of their appeal rights under this section.
(g) The lead agency shall routinely provide investigation memoranda for substantiated reports to the appropriate licensing boards. These reports must include the names of substantiated perpetrators. The lead agency may not provide investigative memoranda for inconclusive or false reports to the appropriate licensing boards unless the lead agency's investigation gives reason to believe that there may have been a violation of the applicable professional practice laws. If the investigation memorandum is provided to a licensing board, the subject of the investigation memorandum shall be notified and receive a summary of the investigative findings.
(h) In order to avoid duplication, licensing boards shall consider the findings of the lead agency in their investigations if they choose to investigate. This does not preclude licensing boards from considering other information.
(i) The lead agency must provide to the commissioner of human services its final dispositions, including the names of all substantiated perpetrators. The commissioner of human services shall establish records to retain the names of substantiated perpetrators.
Sec. 14. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF THE FINAL DISPOSITION.] Any individual or facility which a lead agency determines has maltreated a vulnerable adult, or the vulnerable adult or vulnerable adult's designee, regardless of the lead agency's determination, who contests the lead agency's final disposition of an allegation of maltreatment, may request the lead agency to reconsider its final disposition. The request for reconsideration must be submitted in writing to the lead agency within 15 calendar days after receipt of notice of final disposition.
If the lead agency denies the request or fails to act upon the request within 15 calendar days after receiving the request for reconsideration, the person or facility entitled to a fair hearing under section 256.045, may submit to the commissioner of human services a written request for a hearing under that statute.
If, as a result of the reconsideration, the lead agency changes the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (d).
Sec. 15. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 9e. [EDUCATION REQUIREMENTS.] (a) The commissioners of health, human services, and public safety shall cooperate in the development of a joint program for education of lead agency investigators in the appropriate techniques for investigation of complaints of maltreatment. This program must be developed by July 1, 1996. The program must include but need not be limited to the following areas: (1) information collection and preservation; (2) analysis of facts; (3) levels of evidence; (4) conclusions based on evidence; (5) interviewing skills, including specialized training to interview people with unique needs; (6) report writing; (7) coordination and referral to other necessary agencies such as law enforcement and judicial agencies; (8) human relations and cultural diversity; (9) the dynamics of adult abuse and neglect within family systems and the appropriate methods for interviewing relatives in the course of the assessment or investigation; (10) the protective social services that are available to protect alleged victims from further abuse, neglect, or financial exploitation; (11) the methods by which lead agency investigators and law enforcement workers cooperate in conducting assessments and investigations in order to avoid duplication of efforts; and (12) data practices laws and procedures, including provisions for sharing data.
(b) The commissioners of health, human services, and public safety shall offer at least annual education to others on the requirements of this section, on how this section is implemented, and investigation techniques.
(c) The commissioner of human services, in coordination with the commissioner of public safety shall provide training for the common entry point staff as required in this subdivision and the program courses described in this subdivision, at least four times per year. At a minimum, the training shall be held twice annually in the seven-county metropolitan area and twice annually outside the seven-county metropolitan area. The commissioners shall give priority in the program areas cited in paragraph (a) to persons currently performing assessments and investigations pursuant to this section.
(d) The commissioner of public safety shall notify in writing law enforcement personnel of any new requirements under this section. The commissioner of public safety shall conduct regional training for law enforcement personnel regarding their responsibility under this section.
(e) Each lead agency investigator must complete the education program specified by this subdivision within the first 12 months of work as a lead agency investigator.
A lead agency investigator employed when these requirements take effect must complete the program within the first year after training is available or as soon as training is available.
All lead agency investigators having responsibility for investigation duties under this section must receive a minimum of eight hours of continuing education or in-service training each year specific to their duties under this section.
Sec. 16. Minnesota Statutes 1994, section 626.557, subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE THE COUNTY SOCIAL
SERVICE AGENCY UPON A RECEIPT OF A REPORT.] (a) The
local welfare Upon receipt of a report from the common
entry point staff, the county social service agency shall
immediately investigate assess and offer emergency
and continuing protective social services for purposes of
preventing further abuse or neglect maltreatment
and for safeguarding and enhancing the welfare of the
abused or neglected maltreated vulnerable adult.
Local welfare agencies may enter facilities and inspect and
copy records as part of investigations. In cases of
suspected sexual abuse, the local welfare county social
service agency shall immediately arrange for and make
available to the victim vulnerable adult
appropriate medical examination and treatment. The
investigation shall not be limited to the written records of the
facility, but shall include every other available source of
information. When necessary in order to protect the
vulnerable adult from further harm, the local welfare
county social service agency shall seek authority to
remove the vulnerable adult from the situation in which the
neglect or abuse maltreatment occurred. The
local welfare county social service agency
shall may also investigate to determine whether the
conditions which resulted in the reported abuse or neglect
maltreatment place other vulnerable adults in jeopardy of
being abused or neglected maltreated and offer
protective social services that are called for by its
determination. In performing any of these duties, the local
welfare agency shall maintain appropriate records.
(b) If the report indicates, or if the local welfare agency
finds that the suspected abuse or neglect occurred at a facility,
or while the vulnerable adult was or should have been under the
care of or receiving services from a facility, or that the
suspected abuse or neglect involved a person licensed by a
licensing agency to provide care or services, the local welfare
agency shall immediately notify each appropriate licensing
agency, and provide each licensing agency with a copy of the
report and of its investigative findings. County social
service agencies may enter facilities and inspect and copy
records as part of an investigation. The county social service
agency has access to not public data, as defined in section
13.02, and medical records under section 144.335, that are
maintained by facilities to the extent necessary to conduct its
investigation. The inquiry is not limited to the written records
of the facility, but may include every other available source of
information.
(c) When necessary in order to protect a vulnerable adult from
serious harm, the local county social service
agency shall immediately intervene on behalf of that adult to
help the family, victim vulnerable adult, or other
interested person by seeking any of the following:
(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section 518B.01;
(2) the appointment of a guardian or conservator pursuant to sections 525.539 to 525.6198, or guardianship or conservatorship pursuant to chapter 252A;
(3) replacement of an abusive or neglectful a
guardian or conservator suspected of maltreatment and
appointment of a suitable person as guardian or conservator,
pursuant to sections 525.539 to 525.6198; or
(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.
The expenses of legal intervention must be paid by the county in the case of indigent persons, under section 525.703 and chapter 563.
In proceedings under sections 525.539 to 525.6198, if a
suitable relative or other person is not available to petition
for guardianship or conservatorship, a county employee shall
present the petition with representation by the county attorney.
The county shall contract with or arrange for a suitable person
or nonprofit organization to provide ongoing guardianship
services. If the county presents evidence to the probate court
that it has made a diligent effort and no other suitable person
can be found, a county employee may serve as guardian or
conservator. The county shall not retaliate against the employee
for any action taken on behalf of the ward or conservatee even if
the action is adverse to the county's interest. Any person
retaliated against in violation of this subdivision shall have a
cause of action against the county and shall be entitled to
reasonable attorney fees and costs of the action if the action is
upheld by the court.
Sec. 17. Minnesota Statutes 1994, section 626.557, is amended by adding a subdivision to read:
Subd. 12b. [DATA MANAGEMENT.] (a) [COUNTY DATA.] In performing any of the duties of this section as a lead agency, the county social service agency shall maintain appropriate records. Data collected by the county social service agency under this section are welfare data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under this paragraph that are inactive investigative data on an individual who is a vendor of services are private data on individuals, as defined in section 13.02. The identity of the reporter may only be disclosed as provided in paragraph (c).
Data maintained by the common entry point are confidential data on individuals or protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the common entry point shall destroy data three calendar years after date of receipt.
(b) [LEAD AGENCY DATA.] The commissioner of health and the commissioner of human services shall prepare an investigation memorandum for each report alleging maltreatment investigated under this section. During an investigation by the commissioner of health or the commissioner of human services, data collected under this section are confidential data on individuals or protected nonpublic data as defined in section 13.02. Upon completion of the investigation, the data are classified as provided in clauses (1) to (3) and paragraph (c).
(1) The investigation memorandum must contain the following data, which are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be substantiated, inconclusive, false, or that no determination will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead agency; and
(ix) when a lead agency's determination has substantiated maltreatment, a statement of whether an individual, individuals, or a facility were responsible for the substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which protects the identity of the reporter and of the vulnerable adult and may not contain the names or, to the extent possible, data on individuals or private data listed in clause (2).
(2) Data on individuals collected and maintained in the investigation memorandum are private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the perpetrator;
(iii) the identity of the individual substantiated as the perpetrator; and
(iv) the identity of all individuals interviewed as part of the investigation.
(3) Other data on individuals maintained as part of an investigation under this section are private data on individuals upon completion of the investigation.
(c) [IDENTITY OF REPORTER.] The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by a court that the report was false and there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure, except that where the identity of the reporter is relevant to a criminal prosecution, the district court shall do an in-camera review prior to determining whether to order disclosure of the identity of the reporter.
(d) [DESTRUCTION OF DATA.] Notwithstanding section 138.163, data maintained under this section by the commissioners of health and human services must be destroyed under the following schedule:
(1) data from reports determined to be false, two years after the finding was made;
(2) data from reports determined to be inconclusive, four years after the finding was made;
(3) data from reports determined to be substantiated, seven years after the finding was made; and
(4) data from reports which were not investigated by a lead agency and for which there is no final disposition, two years from the date of the report.
(e) [SUMMARY OF REPORTS.] The commissioners of health and human services shall each annually prepare a summary of the number and type of reports of alleged maltreatment involving licensed facilities reported under this section.
(f) [RECORD RETENTION POLICY.] Each lead agency must have a record retention policy.
(g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting authorities, and law enforcement agencies may exchange not public data, as defined in section 13.02, if the agency or authority requesting the data determines that the data are pertinent and necessary to the requesting agency in initiating, furthering, or completing an investigation under this section. Data collected under this section must be made available to prosecuting authorities and law enforcement officials, local county agencies, and licensing agencies investigating the alleged maltreatment under this section.
(h) [COMPLETION TIME.] Each lead agency shall keep records of the length of time it takes to complete its investigations.
(i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead agency may notify other affected parties and their authorized representative if the agency has reason to believe maltreatment has occurred and determines the information will safeguard the well-being of the affected parties or dispel widespread rumor or unrest in the affected facility.
(j) [FEDERAL REQUIREMENTS.] Under any notification provision of this section, where federal law specifically prohibits the disclosure of patient identifying information, a lead agency may not provide any notice unless the vulnerable adult has consented to disclosure in a manner which conforms to federal requirements.
Sec. 18. Minnesota Statutes 1994, section 626.557, subdivision 14, is amended to read:
Subd. 14. [ABUSE PREVENTION PLANS.] (a) Each facility, except home health agencies and personal care attendant services providers, shall establish and enforce an ongoing written abuse prevention plan. The plan shall contain an assessment of the physical plant, its environment, and its population identifying factors which may encourage or permit abuse, and a statement of specific measures to be taken to minimize the risk of abuse. The plan shall comply with any rules governing the plan promulgated by the licensing agency.
(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them.
Facilities designated in subdivision 2, clause (b)(2) or
clause (b)(3) shall develop plans for any vulnerable adults
receiving services from them. The plan shall contain an
individualized assessment of the person's susceptibility to
abuse, and a statement of the specific measures to be taken to
minimize the risk of abuse to that person. For the purposes of
this clause, the term "abuse" includes self-abuse.
Sec. 19. Minnesota Statutes 1994, section 626.557, subdivision 16, is amended to read:
Subd. 16. [ENFORCEMENT IMPLEMENTATION
AUTHORITY.] (a) A facility that has not complied with this
section within 60 days of the effective date of passage of
emergency rules is ineligible for renewal of its license. A
person required by subdivision 3 to report and who is licensed or
credentialed to practice an occupation by a licensing agency who
willfully fails to comply with this section shall be disciplined
after a hearing by the appropriate licensing agency. By
September 1, 1995, the attorney general and the commissioners of
health and human services, in coordination with representatives
of other entities that receive or investigate maltreatment
reports, shall develop the common report form described in
subdivision 9. The form may be used by mandated reporters,
county social service agencies, law enforcement entities,
licensing agencies, or ombudsman offices.
(b) Licensing agencies The commissioners of health
and human services shall as soon as possible promulgate rules
necessary to implement the requirements of subdivisions 11,
12, 13, 14, 15, and 16, clause (a) this section.
Agencies The commissioners of health and human
services may promulgate emergency rules pursuant to sections
14.29 to 14.36.
(c) The commissioner of human services shall promulgate
rules as necessary to implement the requirements of subdivision
10.
(c) By December 31, 1995, the commissioners of health, human services, and public safety shall develop criteria for the design of a statewide database utilizing data collected on the common intake form of the common entry point. The statewide database must be accessible to all entities required to conduct investigations under this section, and must be accessible to ombudsman and advocacy programs.
(d) By September 1, 1995, each lead agency shall develop the guidelines required in subdivision 9b.
Sec. 20. Minnesota Statutes 1994, section 626.557, subdivision 17, is amended to read:
Subd. 17. [RETALIATION PROHIBITED.] (a) A facility or person
shall not retaliate against any person who reports in good faith
suspected abuse or neglect maltreatment pursuant to
this section, or against a vulnerable adult with respect to whom
a report is made, because of the report.
(b) In addition to any remedies allowed under sections
181.931 to 181.935, any facility or person which retaliates
against any person because of a report of suspected abuse or
neglect maltreatment is liable to that person for
actual damages and, in addition, a penalty, punitive
damages up to $10,000, and attorney's fees.
(c) There shall be a rebuttable presumption that any adverse action, as defined below, within 90 days of a report, is retaliatory. For purposes of this clause, the term "adverse action" refers to action taken by a facility or person involved in a report against the person making the report or the person with respect to whom the report was made because of the report, and includes, but is not limited to:
(1) Discharge or transfer from the facility;
(2) Discharge from or termination of employment;
(3) Demotion or reduction in remuneration for services;
(4) Restriction or prohibition of access to the facility or its residents; or
(5) Any restriction of rights set forth in section 144.651.
Sec. 21. Minnesota Statutes 1994, section 626.557, subdivision 18, is amended to read:
Subd. 18. [OUTREACH.] The commissioner of human services shall
establish maintain an aggressive program to educate
those required to report, as well as the general public, about
the requirements of this section using a variety of media.
The commissioner of human services shall print and make
available the form developed under subdivision 9.
Sec. 22. [626.5572] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of section 626.557, the following terms have the meanings given them, unless otherwise specified.
Subd. 2. [ABUSE.] "Abuse" means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;
(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and
(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.
(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.
(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult's will to perform services for the advantage of another.
(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation. This paragraph does not enlarge or diminish rights otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult.
(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
Subd. 3. [ACCIDENT.] "Accident" means a sudden, unforeseen, and unexpected occurrence or event which:
(1) is not likely to occur and which could not have been prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
Subd. 4. [CAREGIVER.] "Caregiver" means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.
Subd. 5. [COMMON ENTRY POINT.] "Common entry point" means the entity designated by each county responsible for receiving reports under section 626.557.
Subd. 6. [FACILITY.] (a) "Facility" means a hospital or other entity required to be licensed under sections 144.50 to 144.58; a nursing home required to be licensed to serve adults under section 144A.02; a residential or nonresidential facility required to be licensed to serve adults under sections 245A.01 to 245A.16; a home care provider licensed or required to be licensed under section 144A.46; or a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627.
(b) For home care providers and personal care attendants, the term "facility" refers to the provider or person or organization that exclusively offers, provides, or arranges for personal care services, and does not refer to the client's home or other location at which services are rendered.
Subd. 7. [FALSE.] "False" means a preponderance of the evidence shows that an act that meets the definition of maltreatment did not occur.
Subd. 8. [FINAL DISPOSITION.] "Final disposition" is the determination of an investigation by a lead agency that a report of maltreatment under this act is substantiated, inconclusive, false, or that no determination will be made. When a lead agency determination has substantiated maltreatment, the final disposition also identifies, if known, which individual or individuals were responsible for the substantiated maltreatment, and whether a facility was responsible for the substantiated maltreatment.
Subd. 9. [FINANCIAL EXPLOITATION.] "Financial exploitation" means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.
Subd. 10. [IMMEDIATELY.] "Immediately" means as soon as possible, but no longer than 24 hours from the time initial knowledge that the incident occurred has been received.
Subd. 11. [INCONCLUSIVE.] "Inconclusive" means there is less than a preponderance of evidence to show that maltreatment did or did not occur.
Subd. 12. [INITIAL DISPOSITION.] "Initial disposition" is the lead agency's determination of whether the report will be assigned for further investigation.
Subd. 13. [LEAD AGENCY.] "Lead agency" is the primary administrative agency responsible for investigating reports made under section 626.557.
(a) The department of health is the lead agency for the facilities which are licensed or are required to be licensed as hospitals, home care providers, nursing homes, residential care homes, or boarding care homes.
(b) The department of human services is the lead agency for the programs licensed or required to be licensed as adult day care, adult foster care, programs for people with developmental disabilities, mental health programs, chemical health programs, or personal care provider organizations.
(c) The county social service agency or its designee is the lead agency for all other reports.
Subd. 14. [LEGAL AUTHORITY.] "Legal authority" includes, but is not limited to: (1) a fiduciary obligation recognized elsewhere in law, including pertinent regulations; (2) a contractual obligation; or (3) documented consent by a competent person.
Subd. 15. [MALTREATMENT.] "Maltreatment" means abuse as defined in subdivision 2, neglect as defined in subdivision 17, or financial exploitation as defined in subdivision 9.
Subd. 16. [MANDATED REPORTER.] "Mandated reporter" means a professional or professional's delegate while engaged in: (1) social services; (2) law enforcement; (3) education; (4) the care of vulnerable adults; (5) any of the occupations referred to in section 214.01, subdivision 2; (6) an employee of a rehabilitation facility certified by the commissioner of jobs and training for vocational rehabilitation; (7) an employee or person providing services in a facility as defined in subdivision 6; or (8) a person that performs the duties of the medical examiner or coroner.
Subd. 17. [NEGLECT.] "Neglect" means:
(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and
(2) which is not the result of an accident or therapeutic conduct.
(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.
(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or section 253B.03, or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult, or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in sexual contact with: (i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or
(4) an individual makes a single mistake in the provision of therapeutic conduct to a vulnerable adult which: (i) does not result in injury or harm which reasonably requires the care of a physician or mental health professional, whether or not the care was sought; (ii) is immediately reported internally by the employee or person providing services in the facility; and (iii) is sufficiently documented for review and evaluation by the facility and any applicable licensing and certification agency.
(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver's license, certification, registration, or other regulation.
Subd. 18. [REPORT.] "Report" means a statement concerning all the circumstances surrounding the alleged or suspected maltreatment, as defined in this section, of a vulnerable adult which are known to the reporter at the time the statement is made.
Subd. 19. [SUBSTANTIATED.] "Substantiated" means a preponderance of the evidence shows that an act that meets the definition of maltreatment occurred.
Subd. 20. [THERAPEUTIC CONDUCT.] "Therapeutic conduct" means the provision of program services, health care, or other personal care services done in good faith in the interests of the vulnerable adult by: (1) an individual, facility, or employee or person providing services in a facility under the rights, privileges and responsibilities conferred by state license, certification, or registration; or (2) a caregiver.
Subd. 21. [VULNERABLE ADULT.] "Vulnerable adult" means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.
Sec. 23. [626.5573] [NEGLIGENCE ACTIONS.]
A violation of sections 626.557 to 626.5572 shall be admissible as evidence of negligence, but shall not be considered negligence per se.
Sec. 24. [REPEALER.]
Minnesota Statutes 1994, section 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19, are repealed.
Sec. 25. [EFFECTIVE DATE.]
Sections 15 and 19 are effective July 1, 1995. Sections 1 to 14, 16 to 18, and 20 to 24 are effective October 1, 1995.
Section 1. Minnesota Statutes 1994, section 609.224, subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the provisions of subdivision 1 against the same victim during the time period between a previous conviction under this section, sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or any similar law of another state, and the end of the five years following discharge from sentence for that conviction, is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Whoever violates the provisions of subdivision 1 against a family or household member as defined in section 518B.01, subdivision 2, during the time period between a previous conviction under this section or sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713 against a family or household member, and the end of the five years following discharge from sentence for that conviction is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within two years of a previous conviction under this section or sections 609.221 to 609.2231 or 609.713 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(c) A caregiver, as defined in section 609.232, who is an individual and who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Sec. 2. [609.232] [CRIMES AGAINST VULNERABLE ADULTS; DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 609.2325, 609.233, 609.2335, and 609.234, the terms defined in this section have the meanings given.
Subd. 2. [CAREGIVER.] "Caregiver" means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.
Subd. 3. [FACILITY.] (a) "Facility" means a hospital or other entity required to be licensed under sections 144.50 to 144.58; a nursing home required to be licensed to serve adults under section 144A.02; a home care provider licensed or required to be licensed under section 144A.46; a residential or nonresidential facility required to be licensed to serve adults under sections 245A.01 to 245A.16; or a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627.
(b) For home care providers and personal care attendants, the term "facility" refers to the provider or person or organization that exclusively offers, provides, or arranges for personal care services, and does not refer to the client's home or other location at which services are rendered.
Subd. 4. [IMMEDIATELY.] "Immediately" means as soon as possible, but no longer than 24 hours from the time of initial knowledge that the incident occurred has been received.
Subd. 5. [LEGAL AUTHORITY.] "Legal authority" includes, but is not limited to:
(1) a fiduciary obligation recognized elsewhere in law, including pertinent regulations;
(2) a contractual obligation; or
(3) documented consent by a competent person.
Subd. 6. [MALTREATMENT.] "Maltreatment" means any of the following:
(1) abuse under section 609.2325;
(2) neglect under section 609.233; or
(3) financial exploitation under section 609.2335.
Subd. 7. [OPERATOR.] "Operator" means any person whose duties and responsibilities evidence actual control of administrative activities or authority for the decision making of or by a facility.
Subd. 8. [PERSON.] "Person" means any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal, professional, or commercial entity.
Subd. 9. [REPORT.] "Report" means a statement concerning all the circumstances surrounding the alleged or suspected maltreatment, as defined in this section, of a vulnerable adult which are known to the reporter at the time the statement is made.
Subd. 10. [THERAPEUTIC CONDUCT.] "Therapeutic conduct" means the provision of program services, health care, or other personal care services done in good faith in the interests of the vulnerable adult by: (1) an individual, facility or employee, or person providing services in a facility under the rights, privileges, and responsibilities conferred by state license, certification, or registration; or (2) a caregiver.
Subd. 11. [VULNERABLE ADULT.] "Vulnerable adult" means any person 18 years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, and 256B.0627; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.
Sec. 3. [609.2325] [CRIMINAL ABUSE.]
Subdivision 1. [CRIMES.] (a) A caregiver who, with intent to produce physical or mental pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse and may be sentenced as provided in subdivision 3.
This paragraph does not apply to therapeutic conduct.
(b) A caregiver, facility staff person, or person providing services in a facility who engages in sexual contact or penetration, as defined in section 609.341, under circumstances other than those described in sections 609.342 to 609.345, with a resident, patient, or client of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision 3.
Subd. 2. [EXEMPTIONS.] For the purposes of this section, a vulnerable adult is not abused for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or section 253B.03, or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
Subd. 3. [PENALTIES.] (a) A person who violates subdivision 1, paragraph (a), clause (1), may be sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not more than five years or payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year or payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1, paragraph (a), clause (2), or paragraph (b), may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Sec. 4. [609.233] [CRIMINAL NEGLECT.]
Subdivision 1. [CRIME.] A caregiver or operator who intentionally neglects a vulnerable adult or knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor. For purposes of this section, "abuse" has the meaning given in section 626.5572, subdivision 2, and "neglect" means a failure to provide a vulnerable adult with necessary food, clothing, shelter, health care, or supervision.
Subd. 2. [EXEMPTIONS.] A vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, 253B.03, or 525.539 to 525.6199, or chapter 145B, 145C, or 252A, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
Sec. 5. [609.2335] [FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.]
Subdivision 1. [CRIME.] Whoever does any of the following acts commits the crime of financial exploitation:
(1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 intentionally fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or supervision for the vulnerable adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, or duress; or
(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will to perform services for the profit or advantage of another.
Subd. 2. [DEFENSES.] Nothing in this section requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.
Subd. 3. [CRIMINAL PENALTIES.] A person who violates subdivision 1, clause (1) or (2), item (i), may be sentenced as provided in section 609.52, subdivision 3. A person who violates subdivision 1, clause (2), item (ii), may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Sec. 6. [609.234] [FAILURE TO REPORT.]
Subdivision 1. [CRIME.] Any mandated reporter who is required to report under section 626.557, who knows or has reason to believe that a vulnerable adult is being or has been maltreated, as defined in section 626.5572, subdivision 15, and who does any of the following is guilty of a misdemeanor:
(1) intentionally fails to make a report;
(2) knowingly provides information which is false, deceptive, or misleading; or
(3) intentionally fails to provide all of the material circumstances surrounding the incident which are known to the reporter when the report is made.
Subd. 2. [INCREASED PENALTY.] It is a gross misdemeanor for a person who is mandated to report under section 626.557, who knows or has reason to believe that a vulnerable adult is being or has been maltreated, as defined in section 626.5572, subdivision 15, to intentionally fail to make a report if:
(1) the person knows the maltreatment caused or contributed to the death or great bodily harm of a vulnerable adult; and
(2) the failure to report causes or contributes to the death or great bodily harm of a vulnerable adult or protects the mandated reporter's interests.
Sec. 7. Minnesota Statutes 1994, section 609.72, is amended by adding a subdivision to read:
Subd. 3. [CAREGIVER; PENALTY FOR DISORDERLY CONDUCT.] A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective October 1, 1995, and apply to crimes committed on or after that date.
Section 1. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:
Subd. 5c. [VULNERABLE ADULT IDENTITY DATA.] Active or inactive investigative data that identify a victim of vulnerable adult maltreatment under section 626.557 are private data on individuals. Active or inactive investigative data that identify a reporter of vulnerable adult maltreatment under section 626.557 are private data on individuals.
Sec. 2. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:
Subd. 5d. [INACTIVE VULNERABLE ADULT MALTREATMENT DATA.] Investigative data that becomes inactive under subdivision 5, paragraph (a) or (b), and that relate to the alleged maltreatment of a vulnerable adult by a caregiver or facility are private data on individuals.
Sec. 3. Minnesota Statutes 1994, section 13.82, subdivision 10, is amended to read:
Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement agency or a law enforcement dispatching agency working under direction of a law enforcement agency may withhold public access to data on individuals to protect the identity of individuals in the following circumstances:
(a) when access to the data would reveal the identity of an undercover law enforcement officer;
(b) when access to the data would reveal the identity of a victim of criminal sexual conduct or of a violation of section 617.246, subdivision 2;
(c) when access to the data would reveal the identity of a paid or unpaid informant being used by the agency if the agency reasonably determines that revealing the identity of the informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, and the agency reasonably determines that revealing the identity of the victim or witness would threaten the personal safety or property of the individual;
(e) when access to the data would reveal the identity of a deceased person whose body was unlawfully removed from a cemetery in which it was interred;
(f) when access to the data would reveal the identity of a
person who placed a call to a 911 system or the identity or
telephone number of a service subscriber whose phone is used to
place a call to the 911 system and: (1) the agency determines
that revealing the identity may threaten the personal safety or
property of any person; or (2) the object of the call is to
receive help in a mental health emergency. For the purposes of
this paragraph, a voice recording of a call placed to the 911
system is deemed to reveal the identity of the caller;
or
(g) when access to the data would reveal the identity of a juvenile witness and the agency reasonably determines that the subject matter of the investigation justifies protecting the identity of the witness; or
(h) when access to the data would reveal the identity of a mandated reporter under sections 626.556 and 626.557.
Data concerning individuals whose identities are protected by this subdivision are private data about those individuals. Law enforcement agencies shall establish procedures to acquire the data and make the decisions necessary to protect the identity of individuals described in clauses (d) and (g).
Sec. 4. [144.057] [BACKGROUND STUDIES ON LICENSEES.]
Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The commissioner of health shall contract with the commissioner of human services to conduct background studies of individuals providing services which have direct contact, as defined under section 245A.04, subdivision 3, with patients and residents in hospitals, boarding care homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and home care agencies licensed under chapter 144A; residential care homes licensed under chapter 144B, and board and lodging establishments that are registered to provide supportive or health supervision services under section 157.031. If a facility or program is licensed by the department of human services and subject to the background study provisions of chapter 245A and is also licensed by the department of health, the department of human services is solely responsible for the background studies of individuals in the jointly licensed programs.
Subd. 2. [RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN SERVICES.] The department of human services shall conduct the background studies required by subdivision 1 in compliance with the provisions of chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. For the purpose of this section, the term "residential program" shall include all facilities described in subdivision 1. The department of human services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of health. Individuals shall be disqualified under the provisions of chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. If an individual is disqualified, the department of human services shall notify the facility and the individual and shall inform the individual of the right to request a reconsideration of the disqualification by submitting the request to the department of health.
Subd. 3. [RECONSIDERATIONS.] The commissioner of health shall review and decide reconsideration requests in accordance with the procedures and criteria contained in chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. The commissioner's decision shall be provided to the individual and to the department of human services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.
Subd. 4. [RESPONSIBILITIES OF FACILITIES.] Facilities described in subdivision 1 shall be responsible for cooperating with the departments in implementing the provisions of this section. The responsibilities imposed on applicants and licensees under chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090 shall apply to these facilities. The provision of section 245A.04, subdivision 3, paragraph (d) shall apply to applicants, licensees, or an individual's refusal to cooperate with the completion of the background studies.
Sec. 5. Minnesota Statutes 1994, section 245A.04, subdivision 3, is amended to read:
Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the commissioner
issues a license, the commissioner shall conduct a study of the
individuals specified in clauses (1) to (4) (5)
according to rules of the commissioner. The applicant, license
holder, the bureau of criminal apprehension, the commissioner
of health and county agencies, after written notice to the
individual who is the subject of the study, shall help with the
study by giving the commissioner criminal conviction data and
reports about abuse or neglect of adults in licensed programs
substantiated under section 626.557 and the maltreatment of
minors in licensed programs substantiated under section 626.556.
The individuals to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household where the licensed program will be provided;
(3) current employees or contractors of the applicant who will
have direct contact with persons served by the program;
and
(4) volunteers who have direct contact with persons served by the program to provide program services, if the contact is not directly supervised by the individuals listed in clause (1) or (3); and
(5) any person who, as an individual or as a member of an organization, exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, and 256B.0625, subdivision 19.
The juvenile courts shall also help with the study by giving the commissioner existing juvenile court records on individuals described in clause (2) relating to delinquency proceedings held within either the five years immediately preceding the application or the five years immediately preceding the individual's 18th birthday, whichever time period is longer. The commissioner shall destroy juvenile records obtained pursuant to this subdivision when the subject of the records reaches age 23.
For purposes of this subdivision, "direct contact" means
providing face-to-face care, training, supervision, counseling,
consultation, or medication assistance to persons served by a
program. For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1) or,
(3), or (5) is within sight or hearing of a volunteer to
the extent that the individual listed in clause (1)
or, (3), or (5) is capable at all times of
intervening to protect the health and safety of the persons
served by the program who have direct contact with the
volunteer.
A study of an individual in clauses (1) to (4)
(5) shall be conducted at least upon application for
initial license and reapplication for a license. The
commissioner is not required to conduct a study of an individual
at the time of reapplication for a license, other than a family
day care or foster care license, if (i) a study of the individual
was conducted either at the time of initial licensure or when the
individual became affiliated with the license holder; (ii) the
individual has been continuously affiliated with the license
holder since the last study was conducted; and (iii) the
procedure described in paragraph (b) has been implemented and was
in effect continuously since the last study was conducted.
No applicant, license holder, or individual who is the subject of
the study shall pay any fees required to conduct the study.
(b) If an individual who is affiliated with a program or facility regulated by the department of human services or department of health is convicted of a crime constituting a disqualification under Minnesota Rules, parts 9543.3000 to 9543.3090, the probation officer or corrections agent shall notify the commissioner of the conviction. The commissioner, in consultation with the commissioner of corrections, shall develop forms and information necessary to implement this paragraph and shall provide the forms and information to the commissioner of corrections for distribution to local probation officers and corrections agents. The commissioner shall inform individuals subject to a background study that criminal convictions for disqualifying crimes will be reported to the commissioner by the corrections system. A probation officer, corrections agent, or corrections agency is not civilly or criminally liable for disclosing or failing to disclose the information required by this paragraph. This paragraph does not apply to family day care and foster care programs.
(b) (c) The individual who is the subject of the
study must provide the applicant or license holder with
sufficient information to ensure an accurate study including the
individual's first, middle, and last name; home address, city,
county, and state of residence; zip code; sex; date of birth; and
driver's license number. The applicant or license holder shall
provide this information about an individual in paragraph (a),
clauses (1) to (4) (5), on forms prescribed by the
commissioner. The commissioner may request additional
information of the individual, which shall be optional for the
individual to provide, such as the individual's social security
number or race.
(c) (d) Except for child foster care, adult
foster care, and family day care homes, a study must include
information from the county agency's record of substantiated
abuse or neglect of adults in licensed programs, and the
maltreatment of minors in licensed programs, information from
juvenile courts as required in paragraph (a) for persons listed
in paragraph (a), clause (2), and information from the bureau of
criminal apprehension. For child foster care, adult foster care,
and family day care homes, the study must include information
from the county agency's record of substantiated abuse or neglect
of adults, and the maltreatment of minors, information from
juvenile courts as required in paragraph (a) for persons listed
in paragraph (a), clause (2), and information from the bureau of
criminal apprehension. The commissioner may also review arrest
and investigative information from the bureau of criminal
apprehension, the commissioner of health, a county
attorney, county sheriff, county agency, local chief of police,
other states, the courts, or a national criminal record
repository if the commissioner has reasonable cause to believe
the information is pertinent to the disqualification of an
individual listed in paragraph (a), clauses (1) to
(4) (5).
(d) (e) An applicant's or license holder's
failure or refusal to cooperate with the commissioner is
reasonable cause to deny an application or immediately suspend,
suspend, or revoke a license. Failure or refusal of an
individual to cooperate with the study is just cause for denying
or terminating employment of the individual if the individual's
failure or refusal to cooperate could cause the applicant's
application to be denied or the license holder's license to be
immediately suspended, suspended, or revoked.
(e) (f) The commissioner shall not consider an
application to be complete until all of the information required
to be provided under this subdivision has been received.
(f) (g) No person in paragraph (a), clause (1),
(2), (3), or (4), or (5) who is disqualified as a
result of this section may be retained by the agency in a
position involving direct contact with persons served by the
program.
(g) (h) Termination of persons in paragraph (a),
clause (1), (2), (3), or (4), or (5) made in good
faith reliance on a notice of disqualification provided by the
commissioner shall not subject the applicant or license holder to
civil liability.
(h) (i) The commissioner may establish records to
fulfill the requirements of this section.
(i) (j) The commissioner may not disqualify an
individual subject to a study under this section because that
person has, or has had, a mental illness as defined in section
245.462, subdivision 20.
(j) (k) An individual who is subject to an
applicant background study under this section and whose
disqualification in connection with a license would be subject to
the limitations on reconsideration set forth in subdivision 3b,
paragraph (c), shall be disqualified for conviction of the crimes
specified in the manner specified in subdivision 3b, paragraph
(c). The commissioner of human services shall amend Minnesota
Rules, part 9543.3070, to conform to this section.
(l) An individual must be disqualified if it has been determined that the individual failed to make required reports under sections 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (1) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (2) the maltreatment was recurring or serious as defined in Minnesota Rules, part 9543.3020, subpart 10.
(m) An individual subject to disqualification under this subdivision has the applicable rights in subdivision 3a, 3b, or 3c.
Sec. 6. Minnesota Statutes 1994, section 256.045, subdivision 1, is amended to read:
Subdivision 1. [POWERS OF THE STATE AGENCY.] The commissioner of human services may appoint one or more state human services referees to conduct hearings and recommend orders in accordance with subdivisions 3, 3a, 3b, 4a, and 5. Human services referees designated pursuant to this section may administer oaths and shall be under the control and supervision of the commissioner of human services and shall not be a part of the office of administrative hearings established pursuant to sections 14.48 to 14.56.
Sec. 7. Minnesota Statutes 1994, section 256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY HEARINGS.] State agency hearings are
available for the following: (1) any person applying for,
receiving or having received public assistance or a program of
social services granted by the state agency or a county agency
under sections 252.32, 256.031 to 256.036, and 256.72 to 256.879,
chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act
whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced,
terminated, or claimed to have been incorrectly paid,
or; (2) any patient or relative aggrieved by an order
of the commissioner under section 252.27, or; (3) a
party aggrieved by a ruling of a prepaid health plan,;
or (4) any individual or facility determined by a lead agency to
have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration
under section 626.557. Individuals and organizations specified
in this section may contest that the specified
action or, decision, or final disposition
before the state agency by submitting a written request for a
hearing to the state agency within 30 days after receiving
written notice of the action or, decision, or
final disposition, or within 90 days of such written notice
if the applicant, recipient, patient, or relative shows good
cause why the request was not submitted within the 30-day time
limit.
The hearing for an individual or facility under clause (4) is the only administrative appeal to the final lead agency disposition specifically, including a challenge to the accuracy and completeness of data under section 13.04.
For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.
Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing under this section.
An applicant or recipient is not entitled to receive social services beyond the services included in the amended community social services plan developed under section 256E.081, subdivision 3, if the county agency has met the requirements in section 256E.081.
Sec. 8. Minnesota Statutes 1994, section 256.045, is amended by adding a subdivision to read:
Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT HEARINGS.] The state human services referee shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under section 626.557.
The state human services referee shall recommend an order to the commissioner of health or human services, as applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapter 245A and sections 144.50 to 144.58 and 144A.02 to 144A.46, the commissioner's findings as to whether maltreatment occurred is conclusive.
Sec. 9. Minnesota Statutes 1994, section 256.045, subdivision 4, is amended to read:
Subd. 4. [CONDUCT OF HEARINGS.] (a) All hearings held
pursuant to subdivision 3, 3a, 3b, or 4a shall be
conducted according to the provisions of the federal Social
Security Act and the regulations implemented in accordance with
that act to enable this state to qualify for federal
grants-in-aid, and according to the rules and written policies of
the commissioner of human services. County agencies shall
install equipment necessary to conduct telephone hearings. A
state human services referee may schedule a telephone conference
hearing when the distance or time required to travel to the
county agency offices will cause a delay in the issuance of an
order, or to promote efficiency, or at the mutual request of the
parties. Hearings may be conducted by telephone conferences
unless the applicant, recipient, or former recipient,
person, or facility contesting maltreatment objects. The
hearing shall not be held earlier than five days after filing of
the required notice with the county or state agency. The state
human services referee shall notify all interested persons of the
time, date, and location of the hearing at least five days before
the date of the hearing. Interested persons may be represented by
legal counsel or other representative of their choice at the
hearing and may appear personally, testify and offer evidence,
and examine and cross-examine witnesses. The applicant,
recipient, or former recipient, person, or facility
contesting maltreatment shall have the opportunity to examine
the contents of the case file and all documents and records to be
used by the county agency at the hearing at a reasonable time
before the date of the hearing and during the hearing. In
cases alleging discharge for maltreatment, either party may
subpoena the private data relating to the investigation
memorandum prepared by the lead agency under section 626.557,
provided the name of the reporter may not be disclosed.
(b) The private data must be subject to a protective order which prohibits its disclosure for any other purpose outside the hearing provided for in this section without prior order of the district court. Disclosure without court order is punishable by a sentence of not more than 90 days imprisonment or a fine of not more than $700, or both. These restrictions on the use of private data do not prohibit access to the data under section 13.03, subdivision 6. Upon request, the county agency shall provide reimbursement for transportation, child care, photocopying, medical assessment, witness fee, and other necessary and reasonable costs incurred by the applicant, recipient, or former recipient in connection with the appeal, except in appeals brought under subdivision 3b. All evidence, except that privileged by law, commonly accepted by reasonable people in the conduct of their affairs as having probative value with respect to the issues shall be submitted at the hearing and such hearing shall not be "a contested case" within the meaning of section 14.02, subdivision 3.
Sec. 10. Minnesota Statutes 1994, section 256.045, subdivision 5, is amended to read:
Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] This subdivision does not apply to appeals under subdivision 3b. A state human services referee shall conduct a hearing on the appeal and shall recommend an order to the commissioner of human services. The recommended order must be based on all relevant evidence and must not be limited to a review of the propriety of the state or county agency's action. A referee may take official notice of adjudicative facts. The commissioner of human services may accept the recommended order of a state human services referee and issue the order to the county agency and the applicant, recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept the recommended order of the state human services referee, shall notify the county agency and the applicant, recipient, former recipient, or prepaid health plan of that fact and shall state reasons therefor and shall allow each party ten days' time to submit additional written argument on the matter. After the expiration of the ten-day period, the commissioner shall issue an order on the matter to the county agency and the applicant, recipient, former recipient, or prepaid health plan.
A party aggrieved by an order of the commissioner may appeal under subdivision 7, or request reconsideration by the commissioner within 30 days after the date the commissioner issues the order. The commissioner may reconsider an order upon request of any party or on the commissioner's own motion. A request for reconsideration does not stay implementation of the commissioner's order. Upon reconsideration, the commissioner may issue an amended order or an order affirming the original order.
Any order of the commissioner issued under this subdivision shall be conclusive upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order of the commissioner is binding on the parties and must be implemented by the state agency or a county agency until the order is reversed by the district court, or unless the commissioner or a district court orders monthly assistance or aid or services paid or provided under subdivision 10.
Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing or seek judicial review of an order issued under this section.
Sec. 11. Minnesota Statutes 1994, section 256.045, subdivision 6, is amended to read:
Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; SUBPOENAS.] (a) The commissioner of human services, or the commissioner of health for matters within the commissioner's jurisdiction under subdivision 3b, may initiate a review of any action or decision of a county agency and direct that the matter be presented to a state human services referee for a hearing held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed by law to the discretion of the county agency, the commissioner's judgment may be substituted for that of the county agency. The commissioner may order an independent examination when appropriate.
(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that the commissioner issue a subpoena to compel the attendance of witnesses at the hearing. The issuance, service, and enforcement of subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules of Civil Procedure.
(c) The commissioner may issue a temporary order staying a proposed demission by a residential facility licensed under chapter 245A while an appeal by a recipient under subdivision 3 is pending or for the period of time necessary for the county agency to implement the commissioner's order.
Sec. 12. Minnesota Statutes 1994, section 256.045, subdivision 7, is amended to read:
Subd. 7. [JUDICIAL REVIEW.] Any party who is aggrieved by an order of the commissioner of human services, or the commissioner of health in appeals within the commissioner's jurisdiction under subdivision 3b, may appeal the order to the district court of the county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county where the maltreatment occurred, by serving a written copy of a notice of appeal upon the commissioner and any adverse party of record within 30 days after the date the commissioner issued the order, the amended order, or order affirming the original order, and by filing the original notice and proof of service with the court administrator of the district court. Service may be made personally or by mail; service by mail is complete upon mailing; no filing fee shall be required by the court administrator in appeals taken pursuant to this subdivision, with the exception of appeals taken under subdivision 3b. The commissioner may elect to become a party to the proceedings in the district court. Except for appeals under subdivision 3b, any party may demand that the commissioner furnish all parties to the proceedings with a copy of the decision, and a transcript of any testimony, evidence, or other supporting papers from the hearing held before the human services referee, by serving a written demand upon the commissioner within 30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by the commissioner under subdivision 5 may compel performance according to the order in the manner prescribed in sections 586.01 to 586.12.
Sec. 13. Minnesota Statutes 1994, section 256.045, subdivision 8, is amended to read:
Subd. 8. [HEARING.] Any party may obtain a hearing at a special term of the district court by serving a written notice of the time and place of the hearing at least ten days prior to the date of the hearing. Except for appeals under subdivision 3b, the court may consider the matter in or out of chambers, and shall take no new or additional evidence unless it determines that such evidence is necessary for a more equitable disposition of the appeal.
Sec. 14. Minnesota Statutes 1994, section 256.045, subdivision 9, is amended to read:
Subd. 9. [APPEAL.] Any party aggrieved by the order of the district court may appeal the order as in other civil cases. Except for appeals under subdivision 3b, no costs or disbursements shall be taxed against any party nor shall any filing fee or bond be required of any party.
Sec. 15. Minnesota Statutes 1994, section 268.09, subdivision 1, is amended to read:
Subdivision 1. [DISQUALIFYING CONDITIONS.] An individual separated from any employment under paragraph (a), (b), or (d) shall be disqualified for waiting week credit and benefits. For separations under paragraphs (a) and (b), the disqualification shall continue until four calendar weeks have elapsed following the individual's separation and the individual has earned eight times the individual's weekly benefit amount in insured work.
(a) [VOLUNTARY LEAVE.] The individual voluntarily and without good cause attributable to the employer discontinued employment with such employer. For the purpose of this paragraph, a separation from employment by reason of its temporary nature or for inability to pass a test or for inability to meet performance standards necessary for continuation of employment shall not be deemed voluntary.
A separation shall be for good cause attributable to the employer if it occurs as a consequence of sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other conduct or communication of a sexual nature when: (1) the employee's submission to such conduct or communication is made a term or condition of the employment, (2) the employee's submission to or rejection of such conduct or communication is the basis for decisions affecting employment, or (3) such conduct or communication has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.
(b) [DISCHARGE FOR MISCONDUCT.] The individual was discharged for misconduct, not amounting to gross misconduct connected with work or for misconduct which interferes with and adversely affects employment.
(c) [EXCEPTIONS TO DISQUALIFICATION.] An individual shall not be disqualified under paragraphs (a) and (b) under any of the following conditions:
(1) the individual voluntarily discontinued employment to accept employment offering substantially better conditions or substantially higher wages or both;
(2) the individual is separated from employment due to personal, serious illness provided that such individual has made reasonable efforts to retain employment.
An individual who is separated from employment due to the individual's illness of chemical dependency which has been professionally diagnosed or for which the individual has voluntarily submitted to treatment and who fails to make consistent efforts to maintain the treatment the individual knows or has been professionally advised is necessary to control that illness has not made reasonable efforts to retain employment.
(3) the individual accepts work from a base period employer which involves a change in location of work so that said work would not have been deemed to be suitable work under the provisions of subdivision 2 and within a period of 13 weeks from the commencement of said work voluntarily discontinues employment due to reasons which would have caused the work to be unsuitable under the provision of said subdivision 2;
(4) the individual left employment because of reaching mandatory retirement age and was 65 years of age or older;
(5) the individual is terminated by the employer because the individual gave notice of intention to terminate employment within 30 days. This exception shall be effective only through the calendar week which includes the date of intended termination, provided that this exception shall not result in the payment of benefits for any week for which the individual receives the individual's normal wage or salary which is equal to or greater than the weekly benefit amount;
(6) the individual is separated from employment due to the completion of an apprenticeship program, or segment thereof, approved pursuant to chapter 178;
(7) the individual voluntarily leaves part-time employment with a base period employer while continuing full-time employment if the individual attempted to return to part-time employment after being separated from the full-time employment, and if substantially the same part-time employment with the base period employer was not available for the individual;
(8) the individual is separated from employment based solely on a provision in a collective bargaining agreement by which an individual has vested discretionary authority in another to act on behalf of the individual;
(9) except as provided in paragraph (d), separations from part-time employment will not be disqualifying when the claim is based on sufficient full-time employment to establish a valid claim from which the claimant has been separated for nondisqualifying reasons; or
(10) the individual accepts employment which represents a substantial departure from the individual's customary occupation and experience and would not be deemed suitable work as defined under subdivision 2, paragraphs (a) and (b), and within a period of 30 days from the commencement of that work voluntarily discontinues the employment due to reasons which would have caused the work to be unsuitable under the provisions of subdivision 2 or, if in commission sales, because of a failure to earn gross commissions averaging an amount equal to or in excess of the individual's weekly benefit amount. Other provisions notwithstanding, applying this provision precludes the use of these wage credits to clear a disqualification.
(d) [DISCHARGE FOR GROSS MISCONDUCT.] The individual was discharged for gross misconduct connected with work or gross misconduct which interferes with and adversely affects the individual's employment. For a separation under this clause, the commissioner shall impose a total disqualification for the benefit year and cancel all of the wage credits from the last employer from whom the individual was discharged for gross misconduct connected with work.
For the purpose of this paragraph "gross misconduct" is defined
as misconduct involving assault and battery or the malicious
destruction of property or arson or sabotage or embezzlement or
any other act, including theft, the commission of which amounts
to a felony or gross misdemeanor. For an employee of a health
care facility, as defined in section 626.5572, gross
misconduct also includes misconduct involving an act of patient
or resident abuse, financial exploitation, or recurring or
serious neglect, as defined in section 626.557,
subdivision 2, clause (d) 626.5572 and applicable
rules.
If an individual is convicted of a felony or gross misdemeanor for the same act or acts of misconduct for which the individual was discharged, the misconduct is conclusively presumed to be gross misconduct if it was connected with the individual's work.
(e) [LIMITED OR NO CHARGE OF BENEFITS.] Benefits paid subsequent to an individual's separation under any of the foregoing paragraphs, excepting paragraphs (c)(3), (c)(5), and (c)(8), shall not be used as a factor in determining the future contribution rate of the employer from whose employment such individual separated.
Benefits paid subsequent to an individual's failure to accept an offer of suitable reemployment or to accept reemployment which offered substantially the same or better hourly wages and conditions of work as were previously provided by that employer, but was deemed unsuitable under subdivision 2, shall not be used as a factor in determining the future contribution rate of the employer whose offer of reemployment was not accepted or whose offer of reemployment was refused solely due to the distance of the available work from the individual's residence, the individual's own serious illness, the individual's other employment at the time of the offer, or if the individual is in training with the approval of the commissioner.
Benefits paid by another state as a result of Minnesota transferring wage credits under the federally required combined wage agreement shall not be directly charged to either the taxpaying or reimbursing employer.
(f) [ACTS OR OMISSIONS.] An individual who was employed by an employer shall not be disqualified for benefits under this subdivision for any acts or omissions occurring after separation from employment with the employer.
(g) [DISCIPLINARY SUSPENSIONS.] An individual shall be disqualified for waiting week credit and benefits for the duration of any disciplinary suspension of 30 days or less resulting from the individual's own misconduct. Disciplinary suspensions of more than 30 days shall constitute a discharge from employment.
Sec. 16. Minnesota Statutes 1994, section 631.40, is amended by adding a subdivision to read:
Subd. 3. [DEPARTMENT OF HUMAN SERVICES AND HEALTH LICENSEES.] When a person who is affiliated with a program or facility governed by the department of human services or department of health is convicted of a disqualifying crime, the probation officer or corrections agent shall notify the commissioner of the conviction, as provided in section 245A.04, subdivision 3, paragraph (b).
Sec. 17. [REPORT.]
By January 15, 1997, the commissioner of human services shall report to the legislature on the implementation of the process for reporting convictions under Minnesota Statutes, section 245A.04, subdivision 3, paragraph (b). The report must include an analysis of any reduction in the cost of performing background studies resulting from implementing the process and any recommendations for modification of the fee increases in article 4, section 22, based on a reduction in costs.
Sec. 18. [APPLICATION.]
The provision of section 7 that eliminates certain challenges to the accuracy and completeness of data under Minnesota Statutes, section 13.04, does not apply if the individual initiated a challenge under Minnesota Statutes, section 13.04, before the effective date of section 7.
Sec. 19. [EFFECTIVE DATE.]
Sections 1 to 18 are effective October 1, 1995.
Section 1. Minnesota Statutes 1994, section 13.46, subdivision 4, is amended to read:
Subd. 4. [LICENSING DATA.] (a) As used in this subdivision:
(1) "licensing data" means all data collected, maintained, used, or disseminated by the welfare system pertaining to persons licensed or registered or who apply for licensure or registration or who formerly were licensed or registered under the authority of the commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" means social security numbers, identity of and letters of reference, insurance information, reports from the bureau of criminal apprehension, health examination reports, and social/home studies.
(b) Except as provided in paragraph (c), the following data on current and former licensees are public: name, address, telephone number of licensees, licensed capacity, type of client preferred, variances granted, type of dwelling, name and relationship of other family members, previous license history, class of license, and the existence and status of complaints. When disciplinary action has been taken against a licensee or the complaint is resolved, the following data are public: the substance of the complaint, the findings of the investigation of the complaint, the record of informal resolution of a licensing violation, orders of hearing, findings of fact, conclusions of law, and specifications of the final disciplinary action contained in the record of disciplinary action.
The following data on persons subject to disqualification under section 245A.04 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home, are public: the nature of any disqualification set aside under section 245A.04, subdivision 3b, and the reasons for setting aside the disqualification; and the reasons for granting any variance under section 245A.04, subdivision 9.
(c) The following are private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial data on family day care program and family foster care program applicants and licensees and their family members who provide services under the license.
(d) The following are private data on individuals: the
identity of persons who have made reports concerning licensees or
applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for
licensure whose records are received by the licensing agency for
purposes of review or in anticipation of a contested matter. The
names of reporters under sections 626.556 and 626.557 may be
disclosed only as provided in section 626.556, subdivision 11, or
626.557, subdivision 12 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this subdivision become public data if submitted to a court or administrative law judge as part of a disciplinary proceeding in which there is a public hearing concerning the disciplinary action.
(f) Data generated in the course of licensing investigations that relate to an alleged violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report as defined in section 626.556, subdivision 2, are subject to the destruction provisions of section 626.556, subdivision 11.
Sec. 2. Minnesota Statutes 1994, section 13.88, is amended to read:
13.88 [COMMUNITY DISPUTE RESOLUTION CENTER DATA.]
The guidelines shall provide that all files relating to a case in a community dispute resolution program are to be classified as private data on individuals, pursuant to section 13.02, subdivision 12, with the following exceptions:
(1) When a party to the case has been formally charged with a criminal offense, the data are to be classified as public data on individuals, pursuant to section 13.02, subdivision 15.
(2) Data relating to suspected neglect or physical or sexual abuse of children or maltreatment of vulnerable adults are to be subject to the reporting requirements of sections 626.556 and 626.557.
Sec. 3. Minnesota Statutes 1994, section 13.99, subdivision 113, is amended to read:
Subd. 113. [VULNERABLE ADULT REPORT RECORDS.] Data contained
in vulnerable adult report records are classified under section
626.557, subdivision 12 12b.
Sec. 4. Minnesota Statutes 1994, section 144.4172, subdivision 8, is amended to read:
Subd. 8. [HEALTH THREAT TO OTHERS.] "Health threat to others" means that a carrier demonstrates an inability or unwillingness to act in such a manner as to not place others at risk of exposure to infection that causes serious illness, serious disability, or death. It includes one or more of the following:
(1) with respect to an indirectly transmitted communicable disease:
(a) behavior by a carrier which has been demonstrated epidemiologically to transmit or which evidences a careless disregard for the transmission of the disease to others; or
(b) a substantial likelihood that a carrier will transmit a communicable disease to others as is evidenced by a carrier's past behavior, or by statements of a carrier that are credible indicators of a carrier's intention.
(2) With respect to a directly transmitted communicable disease:
(a) repeated behavior by a carrier which has been demonstrated epidemiologically to transmit or which evidences a careless disregard for the transmission of the disease to others;
(b) a substantial likelihood that a carrier will repeatedly transmit a communicable disease to others as is evidenced by a carrier's past behavior, or by statements of a carrier that are credible indicators of a carrier's intention;
(c) affirmative misrepresentation by a carrier of the carrier's status prior to engaging in any behavior which has been demonstrated epidemiologically to transmit the disease; or
(d) the activities referenced in clause (1) if the person whom
the carrier places at risk is: (i) a minor, (ii) of diminished
capacity by reason of mood altering chemicals, including alcohol,
(iii) has been diagnosed as having significantly subaverage
intellectual functioning, (iv) has an organic disorder of the
brain or a psychiatric disorder of thought, mood, perception,
orientation, or memory which substantially impairs judgment,
behavior, reasoning, or understanding; (v) adjudicated as an
incompetent; or (vi) a vulnerable adult as defined in section
626.557 626.5572.
(3) Violation by a carrier of any part of a court order issued pursuant to this chapter.
Sec. 5. Minnesota Statutes 1994, section 144.651, subdivision 14, is amended to read:
Subd. 14. [FREEDOM FROM ABUSE MALTREATMENT.]
Patients and residents shall be free from mental and physical
abuse maltreatment as defined in the Vulnerable Adults
Protection Act. "Abuse" means any act which constitutes
assault, sexual exploitation, or criminal sexual
"Maltreatment" means conduct as described in
section 626.557, subdivision 2d 626.5572, subdivision
15, or the intentional and nontherapeutic infliction of
physical pain or injury, or any persistent course of conduct
intended to produce mental or emotional distress. Every patient
and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or
as authorized in writing after examination by a patient's or
resident's physician for a specified and limited period of time,
and only when necessary to protect the resident from self-injury
or injury to others.
Sec. 6. Minnesota Statutes 1994, section 144.651, subdivision 21, is amended to read:
Subd. 21. [COMMUNICATION PRIVACY.] Patients and residents may
associate and communicate privately with persons of their choice
and enter and, except as provided by the Minnesota Commitment
Act, leave the facility as they choose. Patients and residents
shall have access, at their expense, to writing instruments,
stationery, and postage. Personal mail shall be sent without
interference and received unopened unless medically or
programmatically contraindicated and documented by the physician
in the medical record. There shall be access to a telephone
where patients and residents can make and receive calls as well
as speak privately. Facilities which are unable to provide a
private area shall make reasonable arrangements to accommodate
the privacy of patients' or residents' calls. Upon admission to
a facility, a patient or resident, or the patient's or resident's
legal guardian or conservator, shall be given the opportunity to
authorize disclosure of the patient's or resident's presence in
the facility, to callers or visitors who may seek to communicate
with the patient or resident. This disclosure option must be
made available in all cases where federal law prohibits
unauthorized disclosure of patient or resident identifying
information to callers and visitors. To the extent possible, the
legal guardian or conservator of a patient or resident shall
consider the opinions of the patient or resident regarding the
disclosure of the patient's or resident's presence in the
facility. This right is limited where medically inadvisable, as
documented by the attending physician in a patient's or
resident's care record. Where programmatically limited by a
facility abuse prevention plan pursuant to section 626.557,
subdivision 14, clause 2 paragraph (b), this right
shall also be limited accordingly.
Sec. 7. Minnesota Statutes 1994, section 144A.103, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section,
"abuse" and "neglect" have the meanings given in section
626.557, subdivision 2, paragraphs (d) and (e)
626.5572, subdivisions 2 and 17.
Sec. 8. Minnesota Statutes 1994, section 144B.13, is amended to read:
144B.13 [FREEDOM FROM ABUSE AND NEGLECT
MALTREATMENT.]
Residents shall be free from abuse and neglect
maltreatment as defined in section 626.557, subdivision
2 626.5572, subdivision 15. The commissioner shall by
rule develop procedures for the reporting of alleged incidents of
abuse or neglect maltreatment in residential care
homes. The office of health facility complaints shall
investigate reports of alleged abuse or neglect
maltreatment according to sections 144A.51 to 144A.54.
Sec. 9. Minnesota Statutes 1994, section 148B.68, subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may impose disciplinary action as described in section 148B.69 against any unlicensed mental health practitioner. The following conduct is prohibited and is grounds for disciplinary action:
(a) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea, in any court in Minnesota or any other jurisdiction in the United States, reasonably related to the provision of mental health services. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony or gross 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.
(b) Conviction of crimes against persons. For purposes of this
chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23;
609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24;
609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or
(2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365;
609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562;
and 609.595 ; and 609.72, subdivision 3.
(c) Failure to comply with the self-reporting requirements of section 148B.63, subdivision 6.
(d) Engaging in sexual contact with a client or former client as defined in section 148A.01, or engaging in contact that may be reasonably interpreted by a client as sexual, or engaging in any verbal behavior that is seductive or sexually demeaning to the patient, or engaging in sexual exploitation of a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or misleading.
(f) Conduct likely to deceive, defraud, or harm the public; or demonstrating a willful or careless disregard for the health, welfare, or safety of a client; or any other practice that may create unnecessary danger to any client's life, health, or safety, in any of which cases, proof of actual injury need not be established.
(g) Adjudication as mentally incompetent, or as a person who is dangerous to self, or adjudication pursuant to chapter 253B, as chemically dependent, mentally ill, mentally retarded, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.
(h) Inability to provide mental health services with reasonable safety to clients.
(i) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any legend drugs as defined in chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined in chapter 152.
(k) Revealing a communication from, or relating to, a client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under section 144.335, or to furnish a client record or report required by law.
(m) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63, or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.
(q) Undertaking or continuing a professional relationship with a client in which the objectivity of the professional would be impaired.
(r) Failure to provide the client with a copy of the client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the commissioner by rule.
Sec. 10. Minnesota Statutes 1994, section 214.10, subdivision 2a, is amended to read:
Subd. 2a. [PROCEEDINGS.] A board shall initiate proceedings to
suspend or revoke a license or shall refuse to renew a license of
a person licensed by the board who is convicted in a court of
competent jurisdiction of violating sections 609.224,
subdivision 2, paragraph (c), 609.23, 609.231 , 609.2325,
609.233, 609.2335, 609.234, 609.465, 609.466, 609.52, or
626.557 609.72, subdivision 3.
Sec. 11. Minnesota Statutes 1994, section 245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) Within 30 days after receiving notice of disqualification under subdivision 3a, the individual who is the subject of the study may request reconsideration of the notice of disqualification. The individual must submit the request for reconsideration to the commissioner in writing. The individual must present information to show that:
(1) the information the commissioner relied upon is incorrect; or
(2) the subject of the study does not pose a risk of harm to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification if the commissioner finds that the information the commissioner relied upon is incorrect or the individual does not pose a risk of harm to any person served by the applicant or license holder. The commissioner shall review the consequences of the event or events that could lead to disqualification, whether there is more than one disqualifying event, the vulnerability of the victim at the time of the event, the time elapsed without a repeat of the same or similar event, and documentation of successful completion by the individual studied of training or rehabilitation pertinent to the event. In reviewing a disqualification, the commissioner shall give preeminent weight to the safety of each person to be served by the license holder or applicant over the interests of the license holder or applicant.
(c) Unless the information the commissioner relied on in disqualifying an individual is incorrect, the commissioner may not set aside the disqualification of an individual in connection with a license to provide family day care for children, foster care for children in the provider's own home, or foster care or day care services for adults in the provider's own home if:
(1) less than ten years have passed since the discharge of the sentence imposed for the offense; and the individual has been convicted of a violation of any offense listed in section 609.20 (manslaughter in the first degree), 609.205 (manslaughter in the second degree), 609.21 (criminal vehicular homicide), 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 609.2231 (felony violations of assault in the first, second, third, or fourth degree), 609.713 (terroristic threats), 609.235 (use of drugs to injure or to facilitate crime), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 609.561 or 609.562 (arson in the first or second degree), 609.71 (riot), 609.582 (burglary in the first or second degree), 609.66 (reckless use of a gun or dangerous weapon or intentionally pointing a gun at or towards a human being), 609.665 (setting a spring gun), 609.67 (unlawfully owning, possessing, or operating a machine gun), 152.021 or 152.022 (controlled substance crime in the first or second degree), 152.023, subdivision 1, clause (3) or (4), or subdivision 2, clause (4) (controlled substance crime in the third degree), 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree), 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult), 609.228 (great bodily harm caused by distribution of drugs), 609.23 (mistreatment of persons confined), 609.231 (mistreatment of residents or patients), 609.2325 (criminal abuse of a vulnerable adult), 609.233 (criminal neglect of a vulnerable adult), 609.2335 (financial exploitation of a vulnerable adult), 609.265 (abduction), 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree), 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree), 609.268 (injury or death of an unborn child in the commission of a crime), 617.293 (disseminating or displaying harmful material to minors), 609.378 (neglect or endangerment of a child), 609.377 (a gross misdemeanor offense of malicious punishment of a child), 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or an attempt or conspiracy to commit any of these offenses, as each of these offenses is defined in Minnesota Statutes; or an offense in any other state, the elements of which are substantially similar to the elements of any of the foregoing offenses;
(2) regardless of how much time has passed since the discharge of the sentence imposed for the offense, the individual was convicted of a violation of any offense listed in sections 609.185 to 609.195 (murder in the first, second, or third degree), 609.2661 to 609.2663 (murder of an unborn child in the first, second, or third degree), 609.377 (a felony offense of malicious punishment of a child), 609.322 (soliciting, inducement, or promotion of prostitution), 609.323 (receiving profit derived from prostitution), 609.342 to 609.345 (criminal sexual conduct in the first, second, third, or fourth degree), 609.352 (solicitation of children to engage in sexual conduct), 617.246 (use of minors in a sexual performance), 617.247 (possession of pictorial representations of a minor), 609.365 (incest), or an offense in any other state, the elements of which are substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the individual committed an act that constitutes maltreatment of a child under section 626.556, subdivision 10e, and that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the individual was determined under section 626.557 to be the perpetrator of a substantiated incident of abuse of a vulnerable adult that resulted in substantial bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by competent psychological or psychiatric evidence.
In the case of any ground for disqualification under clauses (1) to (4), if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home.
The disqualification periods provided under clauses (1), (3), and (4) are the minimum applicable disqualification periods. The commissioner may determine that an individual should continue to be disqualified from licensure because the license holder or applicant poses a risk of harm to a person served by that individual after the minimum disqualification period has passed.
(d) The commissioner shall respond in writing to all reconsideration requests within 15 working days after receiving the request for reconsideration. If the disqualification is set aside, the commissioner shall notify the applicant or license holder in writing of the decision.
(e) Except as provided in subdivision 3c, the commissioner's decision to grant or deny a reconsideration of disqualification under this subdivision, or to set aside or uphold the results of the study under subdivision 3, is the final administrative agency action.
Sec. 12. Minnesota Statutes 1994, section 253B.02, subdivision 4a, is amended to read:
Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the
person" means a violation of or attempt to violate any of the
following provisions: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224;
609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235;
609.24; 609.245; 609.25; 609.255; 609.265; 609.27, subdivision 1,
clause (1) or (2); 609.28 if violence or threats of violence were
used; 609.322, subdivision 1, clause (2); 609.342; 609.343;
609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, clause
(1); 609.561; 609.562; and 609.595; and 609.72,
subdivision 3.
Sec. 13. Minnesota Statutes 1994, section 256E.03, subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services provided or arranged for by county boards to fulfill the responsibilities prescribed in section 256E.08, subdivision 1, to the following groups of persons:
(1) families with children under age 18, who are experiencing child dependency, neglect or abuse, and also pregnant adolescents, adolescent parents under the age of 18, and their children;
(2) persons who are under the guardianship of the commissioner of human services as dependent and neglected wards;
(3) adults who are in need of protection and vulnerable as
defined in section 626.557 626.5572;
(4) persons age 60 and over who are experiencing difficulty living independently and are unable to provide for their own needs;
(5) emotionally disturbed children and adolescents, chronically and acutely mentally ill persons who are unable to provide for their own needs or to independently engage in ordinary community activities;
(6) persons with mental retardation as defined in section 252A.02, subdivision 2, or with related conditions as defined in section 252.27, subdivision 1a, who are unable to provide for their own needs or to independently engage in ordinary community activities;
(7) drug dependent and intoxicated persons as defined in section 254A.02, subdivisions 5 and 7, and persons at risk of harm to self or others due to the ingestion of alcohol or other drugs;
(8) parents whose income is at or below 70 percent of the state median income and who are in need of child care services in order to secure or retain employment or to obtain the training or education necessary to secure employment; and
(9) other groups of persons who, in the judgment of the county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5, community social services do not include public assistance programs known as aid to families with dependent children, Minnesota supplemental aid, medical assistance, general assistance, general assistance medical care, or community health services authorized by sections 145A.09 to 145A.13.
Sec. 14. Minnesota Statutes 1994, section 256E.081, subdivision 4, is amended to read:
Subd. 4. [DENIAL, REDUCTION, OR TERMINATION OF SERVICES.] (a) Before a county denies, reduces, or terminates services to an individual due to fiscal limitations, the county must meet the requirements in subdivisions 2 and 3, and document in the person's individual service plan:
(1) the person's service needs;
(2) the alternatives considered for meeting the person's service needs; and
(3) the actions that will be taken to prevent abuse or neglect
as defined in sections 626.556, subdivision 2, paragraphs (a),
(c), (d), and (k); and 626.557, subdivision 2, paragraphs (d)
and (e) maltreatment as defined in section 626.5572,
subdivision 15.
(b) The county must notify the individual and the individual's guardian in writing of the reason for the denial, reduction, or termination of services and of the individual's right to an appeal under section 256.045.
(c) The county must inform the individual and the individual's guardian in writing that the county will, upon request, meet to discuss alternatives and amend the individual service plan before services are terminated or reduced.
Sec. 15. Minnesota Statutes 1994, section 325F.692, subdivision 2, is amended to read:
Subd. 2. [UNAUTHORIZED INFORMATION SERVICE CHARGES;
LIABILITY.] A telephone service subscriber is not responsible for
information service charges for calls made by minors or
other vulnerable adults as defined in section 626.557,
subdivision 2, paragraph (b) 626.5572, subdivision 2,
unless expressly authorized by the subscriber or spouse.
Sec. 16. Minnesota Statutes 1994, section 525.703, subdivision 3, is amended to read:
Subd. 3. [GUARDIAN OR CONSERVATOR.] (a) When the court determines that a guardian or conservator of the person or the estate has rendered necessary services or has incurred necessary expenses for the benefit of the ward or conservatee, the court may order reimbursement or reasonable compensation to be paid from the estate of the ward or conservatee or from the county having jurisdiction over the guardianship or conservatorship if the ward or conservatee is indigent. The court may not deny an award of fees solely because the ward or conservatee is a recipient of medical assistance. In determining reasonable compensation for a guardian or conservator of an indigent person, the court shall consider a fee schedule recommended by the board of county commissioners. The fee schedule may also include a maximum compensation based on the living arrangements of the ward or conservatee. If these services are provided by a public or private agency, the county may contract on a fee for service basis with that agency.
(b) The court shall order reimbursement or reasonable
compensation if the guardian or conservator requests payment and
the guardian or conservator was nominated by the court or by the
county adult protection unit because no suitable relative or
other person was available to provide guardianship or
conservatorship services necessary to prevent abuse or
neglect maltreatment of a vulnerable adult, as defined
in section 626.557 626.5572, subdivision 15. In
determining reasonable compensation for a guardian or conservator
of an indigent person, the court shall consider a fee schedule
recommended by the board of county commissioners. The fee
schedule may also include a maximum compensation based on the
living arrangements of the ward or conservatee. If these
services are provided by a public or private agency, the county
may contract on a fee for service basis with that agency.
(c) When a county employee serves as a guardian or conservator as part of employment duties, the court shall order reasonable compensation if the guardian or conservator performs necessary services that are not compensated by the county. The court may order reimbursement to the county from the ward's or conservatee's estate for reasonable compensation paid by the county for services rendered by a guardian or conservator who is a county employee but only if the county shows that after a diligent effort it was unable to arrange for an independent guardian or conservator.
Sec. 17. Minnesota Statutes 1994, section 609.268, subdivision 1, is amended to read:
Subdivision 1. [DEATH OF AN UNBORN CHILD.] Whoever, in the
commission of a felony or in a violation of section 609.224,
609.23, or 609.231, 609.2325, or 609.233, causes
the death of an unborn child is guilty of a felony and may be
sentenced to imprisonment for not more than 15 years or to
payment of a fine not more than $30,000, or both. As used in
this subdivision, "felony" does not include a violation of
sections 609.185 to 609.21, 609.221 to 609.2231, or 609.2661 to
609.2665.
Sec. 18. Minnesota Statutes 1994, section 609.268, subdivision 2, is amended to read:
Subd. 2. [INJURY TO AN UNBORN CHILD.] Whoever, in the
commission of a felony or in a violation of section 609.23
or, 609.231, 609.2325 or 609.233, causes
great or substantial bodily harm to an unborn child who is
subsequently born alive, is guilty of a felony 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. As used in
this subdivision, "felony" does not include a violation of
sections 609.21, 609.221 to 609.2231, or 609.267 to 609.2672.
Sec. 19. Minnesota Statutes 1994, section 609.7495, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the following terms have the meanings given them.
(a) "Facility" means any of the following:
(1) a hospital or other health institution licensed under sections 144.50 to 144.56;
(2) a medical facility as defined in section 144.561;
(3) an agency, clinic, or office operated under the direction of or under contract with the commissioner of health or a community health board, as defined in section 145A.02;
(4) a facility providing counseling regarding options for medical services or recovery from an addiction;
(5) a facility providing emergency shelter services for battered women, as defined in section 611A.31, subdivision 3, or a facility providing transitional housing for battered women and their children;
(6) a residential care home or home as defined in section 144B.01, subdivision 5;
(7) a facility as defined in section 626.556, subdivision 2, paragraph (f);
(8) a facility as defined in section 626.557, subdivision 2,
paragraph (a) 626.5572, subdivision 6, where the
services described in that paragraph are provided;
(9) a place to or from which ambulance service, as defined in section 144.801, is provided or sought to be provided; and
(10) a hospice program licensed under section 144A.48.
(b) "Aggrieved party" means a person whose access to or egress from a facility is obstructed in violation of subdivision 2, or the facility.
Sec. 20. Minnesota Statutes 1994, section 626.556, subdivision 12, is amended to read:
Subd. 12. [DUTIES OF FACILITY OPERATORS.] Any operator,
employee, or volunteer worker at any facility who intentionally
neglects, physically abuses, or sexually abuses any child in the
care of that facility may be charged with a violation of section
609.255, 609.377, or 609.378. Any operator of a facility who
knowingly permits conditions to exist which result in neglect,
physical abuse, or sexual abuse of a child in the care of that
facility may be charged with a violation of section 609.23
or 609.378.
Sec. 21. [FEE INCREASE.]
To implement the requirements of the vulnerable adults act under Minnesota Statutes, section 626.557, the department of health shall increase licensing fees as follows:
(a) Licensing fees shall be increased above the level set by Laws 1995, chapter 207, article 9, section 4, if enacted, as follows: (1) nursing home, boarding care home and supervised living facility fees shall be increased by $20 per bed; (2) accredited hospital fees shall be increased to $3,015, the 1994 licensure fee; (3) nonaccredited hospital fees shall be increased to a $2,000 base fee and $100 per bed, the 1994 licensure fee; and (4) fees for outpatient surgical centers shall be increased by 25 percent to $646.
(b) Licensing fees for home care agencies as specified in the home care licensure rules shall be increased by 25 percent.
(c) Licensing fees for board and lodging establishments that are registered to provide supportive or health supervision services under Minnesota Statutes, section 157.031, shall be increased by $5 per bed.
Sec. 22. [REPEALER.]
Minnesota Statutes 1994, section 144A.612, is repealed.
Sec. 23. [EFFECTIVE DATE.]
Sections 1 to 20 and 22 are effective October 1, 1995.
Section 21 is effective July 1, 1995.
Section 1. [APPROPRIATION.]
Subdivision 1. The sums set forth in this section are appropriated from the state government special revenue fund to the agencies named in this section to implement articles 1 and 3 and is available for the fiscal year ending June 30 in the years indicated.
19961997
Subd. 2. COMMISSIONER OF HEALTH$1,043,000 $1,088,000
Subd. 3. COMMISSIONER OF HUMAN SERVICES 445,000445,000
Subd. 4. ATTORNEY GENERAL 20,00020,000
Subd. 5. COMMISSIONER OF PUBLIC SAFETY 14,0007,000 "
Delete the title and insert:
"A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; increasing licensing fees for certain facilities; requiring reports of convictions to the commissioner in certain instances; requiring a report to the legislature; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; and 631.40, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, sections 144A.612; and 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19."
We request adoption of this report and repassage of the bill.
Senate Conferees: Allan H. Spear, Don Betzold and Sheila M. Kiscaden.
House Conferees: Lee Greenfield, Jim Farrell and Tim Pawlenty.
Greenfield moved that the report of the Conference Committee on S. F. No. 512 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 512, A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144A.612; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; and 631.40, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, section 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 122 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Orenstein Stanek Bakk Garcia Larsen Orfield Sviggum Bertram Girard Leighton Osskopp Swenson, D. Bettermann Goodno Leppik Osthoff Swenson, H. Bishop Greenfield Lieder Ostrom Sykora Bradley Greiling Long Otremba Tomassoni Broecker Haas Lourey Ozment Trimble Brown Harder Luther Paulsen Tuma Carlson Hasskamp Lynch Pawlenty Tunheim Carruthers Hausman Macklin Pelowski Van Dellen Clark Holsten Mahon Perlt Van Engen Commers Huntley Mares Peterson Vickerman Cooper Jaros Mariani Pugh Wagenius Daggett Jefferson Marko Rest Warkentin Dauner Jennings McCollum Rhodes Weaver Davids Johnson, A. McElroy Rice Wejcman Dawkins Johnson, R. McGuire Rostberg Wenzel Dehler Johnson, V. Milbert Rukavina Winter Delmont Kahn Molnau Sarna Wolf Dempsey Kalis Mulder Schumacher Worke Dorn Kelley Munger Seagren Workman Entenza Kelso Murphy Simoneau Sp.Anderson,I Erhardt Kinkel Ness Skoglund Farrell Knoblach Olson, E. Smith Finseth Koppendrayer Opatz SolbergThose who voted in the negative were:
Anderson, B. Knight Olson, M. Tompkins Boudreau Krinkie Onnen Hackbarth Lindner PellowThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 399.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.
May 18, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 399, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 399 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 84.83, subdivision 2, is amended to read:
Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the registration of snowmobiles and the unrefunded gasoline tax attributable to snowmobile use pursuant to section 296.16, as well as the net proceeds from the sale of snowmobiles forfeited pursuant to section 84.912, shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account.
Sec. 2. Minnesota Statutes 1994, section 84.83, is amended by adding a subdivision to read:
Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of fines and forfeited bail collected from prosecutions of violations of sections 84.81 to 84.91 are governed by section 97A.065.
Sec. 3. Minnesota Statutes 1994, section 84.91, subdivision 5, is amended to read:
Subd. 5. [PENALTIES.] (a) A person who violates any prohibition contained in subdivision 1, or an ordinance in conformity with it, is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor who violates any prohibition contained in subdivision 1:
(1) within five years of a prior:
(i) impaired driving conviction under subdivision 1,
sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4), as defined
in section 169.121, subdivision 3, paragraph (a), clause
(1);
(ii) civil liability under section 84.911, subdivision 2, or 86B.335, subdivision 2; or
(iii) conviction under an ordinance of this state or a statute or ordinance from another state in conformity with any of them; or
(2) within ten years of the first of two or more prior:
(i) impaired driving convictions under subdivision 1,
sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4), as defined
in section 169.121, subdivision 3, paragraph (a), clause
(1);
(ii) civil liabilities under section 84.911, subdivision 2, or 86B.335, subdivision 2;
(iii) convictions of ordinances in conformity with any of them; or
(iv) convictions or liabilities under any combination of items (i) to (iii).
(c) The attorney in the jurisdiction where the violation occurred who is responsible for prosecuting misdemeanor violations of this section is also responsible for prosecuting gross misdemeanor violations of this section. When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior convictions from a court, the court must furnish the information without charge.
(d) A person who operates a snowmobile or all-terrain vehicle during the period the person is prohibited from operating the vehicle under subdivision 6 is guilty of a misdemeanor.
Sec. 4. [84.912] [FORFEITURE OF SNOWMOBILES AND ALL-TERRAIN VEHICLES.]
Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:
(a) "All-terrain vehicle" has the meaning given in section 84.92, subdivision 8.
(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.
(c) "Designated offense" means a violation of section 84.91 or an ordinance in conformity with it:
(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;
(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;
(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or
(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.
(d) "Owner" means the registered owner of the snowmobile or all-terrain vehicle according to records of the department of natural resources and includes a lessee of a snowmobile or all-terrain vehicle if the lease agreement has a term of 180 days or more.
(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.
(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.
(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.
(h) "Snowmobile" has the meaning given in section 84.81, subdivision 3.
(i) "Vehicle" means a snowmobile or an all-terrain vehicle.
Subd. 2. [SEIZURE.] (a) A vehicle subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the vehicle.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the vehicle.
(c) If property is seized without process under paragraph (b), clause (3), the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible.
Subd. 3. [RIGHT TO POSSESSION; CUSTODY.] All right, title, and interest in a vehicle subject to forfeiture under this section vests in the appropriate agency upon commission of the designated offense giving rise to the forfeiture. A vehicle seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When the vehicle is seized, the appropriate agency may:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it;
(3) place a disabling device on the vehicle; and
(4) take other steps reasonable and necessary to secure the vehicle and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a vehicle that has been seized under this section seeks possession of the vehicle before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized vehicle. On posting the security or bond, the seized vehicle may be returned to the owner only if a disabling device is attached to the vehicle. The forfeiture action shall proceed against the security as if it were the seized vehicle.
Subd. 5. [EVIDENCE.] Certified copies of driver's license records concerning prior license revocations are admissible as substantive evidence when necessary to prove the commission of a designated offense.
Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense.
Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A vehicle is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.
(b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor took reasonable steps to terminate use of the vehicle by the offender.
(d) A vehicle is subject to forfeiture under this section only if the owner was privy to the act or omission upon which the forfeiture is based, or the act or omission occurred with the owner's knowledge or consent.
(e) A vehicle subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.
Subd. 8. [FORFEITURE PROCEDURE.] (a) A vehicle used to commit a designated offense is subject to forfeiture under this subdivision.
(b) A separate complaint must be filed against the vehicle, describing it, and specifying that it was used in the commission of a designated offense and specifying the time and place of its unlawful use. If the person charged with a designated offense is not convicted of the offense, the court shall dismiss the complaint against the vehicle and order the property returned to the person legally entitled to it. If the lawful ownership of the vehicle used in the commission of a designated offense can be determined and it is found the owner was not privy to commission of a designated offense, the vehicle must be returned immediately.
Subd. 9. [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS ALLOCATED.] (a) On finding under subdivision 8 that the vehicle is subject to forfeiture, the court shall order the appropriate agency to:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training, and education. If the appropriate agency making the arrest leading to the forfeiture is an agency of state government, the net proceeds must be deposited in the state treasury and credited to the snowmobile trails and enforcement account in the natural resources fund created in section 84.83, subdivision 1, if the vehicle was a snowmobile, or to the all-terrain vehicle account in the natural resources fund under section 84.927, subdivision 1.
Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency shall provide to the state auditor, on an annual basis and in a manner prescribed by the state auditor, a written record of each forfeiture incident. The record must include a brief description of the vehicle forfeited, its estimated market value, the actual or estimated amount of net proceeds from the sale of the vehicle, the dates of the incident and the forfeiture, and a brief description of the circumstances of the impaired driving incident giving rise to the forfeiture. The state auditor shall report annually to the legislature on the nature and extent of forfeitures pursuant to this section.
Sec. 5. Minnesota Statutes 1994, section 84.927, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REVENUE.] Fees from the registration of all-terrain vehicles and the unrefunded gasoline tax attributable to all-terrain vehicle use under section 296.16, as well as the net proceeds from the sale of all-terrain vehicles forfeited pursuant to section 84.912, shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural resources fund.
Sec. 6. Minnesota Statutes 1994, section 86B.331, subdivision 5, is amended to read:
Subd. 5. [PENALTIES.] (a) A person who violates a prohibition contained in subdivision 1, or an ordinance in conformity with it, is guilty of a misdemeanor.
(b) A person is guilty of a gross misdemeanor who violates a prohibition contained in subdivision 1:
(1) within five years of a prior:
(i) impaired driving conviction under subdivision 1,
sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4), as defined
in section 169.121, subdivision 3, paragraph (a), clause
(1);
(ii) civil liability under section 84.911, subdivision 2, or 86B.335, subdivision 2; or
(iii) conviction under an ordinance of this state or a statute or ordinance from another state in conformity with any of them; or
(2) within ten years of the first of two or more prior:
(i) impaired driving convictions under subdivision 1,
sections 84.91, subdivision 1, 169.121, 169.129, or 609.21,
subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3,
clauses (2) to (4), or 4, clauses (2) to (4), as defined
in section 169.121, subdivision 3, paragraph (a), clause
(1);
(ii) civil liabilities under section 84.911, subdivision 2, or 86B.335, subdivision 2;
(iii) convictions of ordinances in conformity with any of them; or
(iv) convictions or liabilities under any combination of items (i) to (iii).
(c) The attorney in the jurisdiction where the violation occurred who is responsible for prosecution of misdemeanor violations of this section is also responsible for prosecution of gross misdemeanor violations of this section. When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior convictions from a court, the court must furnish the information without charge.
(d) A person who operates a motorboat on the waters of this state during the period the person is prohibited from operating any motorboat or after the person's watercraft operator's permit has been revoked, as provided under subdivision 6, is guilty of a misdemeanor.
Sec. 7. [86B.337] [FORFEITURE OF MOTORBOATS.]
Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:
(a) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.
(b) "Designated offense" means a violation of section 86B.331 or an ordinance in conformity with it:
(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;
(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;
(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or
(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.
(c) "Motorboat" has the meaning given in section 86B.005, subdivision 9.
(d) "Owner" means the registered owner of the motorboat according to records of the department of natural resources and includes a lessee of a motorboat if the lease agreement has a term of 180 days or more.
(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.
(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.
(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.
Subd. 2. [SEIZURE.] (a) A motorboat subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the motorboat.
(b) Property may be seized without process if:
(1) the seizure is incident to a lawful arrest or a lawful search;
(2) the motorboat subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or
(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the motorboat.
(c) If property is seized without process under paragraph (b), clause (3), the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible.
Subd. 3. [RIGHT TO POSSESSION; CUSTODY.] All right, title, and interest in a motorboat subject to forfeiture under this section vests in the appropriate agency upon commission of the designated offense giving rise to the forfeiture. A motorboat seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When the motorboat is seized, the appropriate agency may:
(1) place the motorboat under seal;
(2) remove the motorboat to a place designated by it;
(3) place a disabling device on the motorboat; and
(4) take other steps reasonable and necessary to secure the motorboat and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a motorboat that has been seized under this section seeks possession of the motorboat before the forfeiture action is determined, the owner may, subject to the approval of the appropriate agency, give security or post bond payable to the appropriate agency in an amount equal to the retail value of the seized motorboat. On posting the security or bond, the seized motorboat may be returned to the owner only if a disabling device is attached to the motorboat. The forfeiture action shall proceed against the security as if it were the seized motorboat.
Subd. 5. [EVIDENCE.] Certified copies of driver's license records concerning prior license revocations are admissible as substantive evidence when necessary to prove the commission of a designated offense.
Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A motorboat is subject to forfeiture under this section if it was used in the commission of a designated offense.
Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A motorboat is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.
(b) A motorboat encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a motorboat is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor took reasonable steps to terminate use of the motorboat by the offender.
(d) A motorboat is subject to forfeiture under this section only if the owner was privy to the act or omission upon which the forfeiture is based, or the act or omission occurred with the owner's knowledge or consent.
(e) A motorboat subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.
Subd. 8. [FORFEITURE PROCEDURE.] (a) A motorboat used to commit a designated offense is subject to forfeiture under this subdivision.
(b) A separate complaint must be filed against the motorboat, describing it, and specifying that it was used in the commission of a designated offense and specifying the time and place of its unlawful use. If the person charged with a designated offense is not convicted of the offense, the court shall dismiss the complaint against the motorboat and order the property returned to the person legally entitled to it. If the lawful ownership of the motorboat used in the commission of a designated offense can be determined and it is found the owner was not privy to commission of a designated offense, the motorboat must be returned immediately.
Subd. 9. [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS ALLOCATED.] (a) On finding under subdivision 8 that the motorboat is subject to forfeiture, the court shall order the appropriate agency to:
(1) sell the motorboat and distribute the proceeds under paragraph (b); or
(2) keep the motorboat for official use.
(b) The proceeds from the sale of forfeited motorboats, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training, and education. If the appropriate agency making the arrest leading to the forfeiture is an agency of state government, the net proceeds must be deposited in the state treasury and credited to the water recreation account in the natural resources fund.
Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency shall provide to the state auditor, on an annual basis and in a manner prescribed by the state auditor, a written record of each forfeiture incident. The record must include a brief description of the vehicle forfeited, its estimated market value, the actual or estimated amount of net proceeds from the sale of the vehicle, the dates of the incident and the forfeiture, and a brief description of the circumstances of the impaired driving incident giving rise to the forfeiture. The state auditor shall report annually to the legislature on the nature and extent of forfeitures pursuant to this section.
Sec. 8. Minnesota Statutes 1994, section 169.1217, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:
(a) "Appropriate authority agency" means a law
enforcement agency that has the authority to make an arrest for a
violation of a designated offense.
(b) "Designated offense" includes a violation of section 169.121, an ordinance in conformity with it, or 169.129:
(1) within five years of three prior impaired driving
under the influence convictions or three prior license
revocations based on separate incidents;
(2) within 15 years of the first of four or more prior
impaired driving under the influence convictions or
the first of four or more prior license revocations based on
separate incidents;
(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or
(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 which provides that the person may not use or consume any amount of alcohol or a controlled substance.
"Designated offense" also includes a violation of section 169.121, subdivision 3, paragraph (c), clause (4):
(1) within five years of two prior impaired driving
under the influence convictions or two prior license
revocations based on separate incidents; or
(2) within 15 years of the first of three or more prior
impaired driving under the influence convictions or
the first of three or more prior license revocations based on
separate incidents.
(c) "Motor vehicle" and "vehicle" have the meaning given "motor vehicle" in section 169.121, subdivision 11. The terms do not include a vehicle which is stolen or taken in violation of the law.
(d) "Owner" means the registered owner of the motor vehicle according to records of the department of public safety and includes a lessee of a motor vehicle if the lease agreement has a term of 180 days or more.
(e) "Prior impaired driving under the influence
conviction" means a prior conviction under section 169.121;
169.129; or 609.21, subdivision 1, clauses (2) to (4); 2, clauses
(2) to (4); 2a, clauses (2) to (4); 3, clauses (2) to (4); or 4,
clauses (2) to (4); or an ordinance from this state, or a statute
or ordinance from another state in conformity with any of
them has the meaning given it in section 169.121,
subdivision 3. A prior impaired driving under the
influence conviction also includes a prior juvenile
adjudication that would have been a prior impaired driving
under the influence conviction if committed by an
adult.
(f) "Prior license revocation" has the meaning given it in section 169.121, subdivision 3.
(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.
Sec. 9. Minnesota Statutes 1994, section 169.1217, subdivision 7, is amended to read:
Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] (a) A vehicle is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.
(b) A vehicle encumbered by a bona fide security interest, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor took reasonable steps to terminate use of the vehicle by the offender.
(d) A motor vehicle is subject to forfeiture under this section only if its owner knew or should have known of the unlawful use or intended use.
(e) A vehicle subject to a security interest, based upon a loan or other financing arranged by a financial institution, is subject to the interest of the financial institution.
Sec. 10. Minnesota Statutes 1994, section 171.30, subdivision 3, is amended to read:
Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall issue a limited license restricted to the vehicles whose operation is permitted only under a Class A, Class B, or Class CC license whenever a Class A, Class B, or Class CC license has been suspended under section 171.18, or revoked under section 171.17, for violation of the highway traffic regulation act committed in a private passenger motor vehicle. This subdivision shall not apply to any persons described in section 171.04, subdivision 1, clauses (4), (5), (6), (8), (9), and (11), or any person whose license or privilege has been suspended or revoked for a violation of section 169.121 or 169.123, or a statute or ordinance from another state in conformity with either of those sections.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 8, and 10 are effective August 1, 1995, and apply to designated offenses committed on or after that date."
Delete the title and insert:
"A bill for an act relating to motor vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; restricting issuance of limited driver's license; imposing penalties; amending Minnesota Statutes 1994, sections 84.83, subdivision 2, and by adding a subdivision; 84.91, subdivision 5; 84.927, subdivision 1; 86B.331, subdivision 5; 169.1217, subdivisions 1 and 7; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B."
We request adoption of this report and repassage of the bill.
Senate Conferees: David L. Knutson, John Marty and Gene Merriam.
House Conferees: Tom Van Engen, Mary Jo McGuire and Darlene Luther.
Van Engen moved that the report of the Conference Committee on S. F. No. 399 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 399, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called.
Carruthers moved that those not voting be excused from voting. The motion prevailed.
There were 114 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Leighton Olson, M. Skoglund Anderson, B. Garcia Leppik Onnen Stanek Bettermann Girard Lieder Opatz Sviggum Bishop Goodno Lindner Orenstein Swenson, D. Boudreau Greenfield Long Orfield Swenson, H. Bradley Greiling Lourey Osskopp Sykora Broecker Haas Luther Osthoff Tompkins Brown Harder Lynch Ostrom Tuma Carlson Hausman Macklin Otremba Tunheim Carruthers Holsten Mahon Ozment Van Dellen Clark Hugoson Mares Paulsen Van Engen Commers Huntley Mariani Pawlenty Vickerman Cooper Jaros Marko Pellow Wagenius Daggett Jefferson McCollum Pelowski Warkentin Davids Jennings McElroy Peterson Weaver Dawkins Johnson, A. McGuire Pugh Wejcman Dehler Kahn Milbert Rest Wenzel Delmont Kalis Molnau Rhodes Winter Dempsey Kelley Mulder Rice Wolf Dorn Kelso Munger Rostberg Worke Entenza Knoblach Murphy Schumacher Workman Erhardt Koppendrayer Ness Seagren Sp.Anderson,I Finseth Larsen Olson, E. SimoneauThose who voted in the negative were:
Bakk Hackbarth Kinkel Perlt Solberg Bertram Hasskamp Knight Rukavina Tomassoni Dauner Johnson, R. Kraus Sarna Trimble Farrell Johnson, V. Krinkie SmithThe bill was repassed, as amended by Conference, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 845.
S. F. No. 845 was reported to the House.
Wenzel and Sviggum moved to amend S. F. No. 845, the unofficial engrossment, as follows:
Page 105, delete lines 8 to 12 and insert:
"MinnesotaCare shall not cover "elective abortions." For purposes of this requirement, "elective abortion" means an abortion other than where, in the professional judgment of the attending physician, which is a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved, the life of the female would be endangered or substantial and irreversible impairment of a major bodily function would result if the fetus were carried to term; where the pregnancy is the result of conduct which constitutes criminal sexual conduct in the first or third degree, and the incident is reported within 48 hours after the victim becomes physically able to report the rape; or where the pregnancy is the result of incest and the incident and relative are reported to a valid law enforcement agency prior to the abortion."
A roll call was requested and properly seconded.
The question was taken on the Wenzel and Sviggum amendment and the roll was called. There were 62 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Harder Milbert Pelowski Tompkins Anderson, R. Hasskamp Molnau Peterson Tuma Bertram Johnson, V. Mulder Rice Tunheim Boudreau Kalis Murphy Rostberg Van Dellen Broecker Kinkel Olson, M. Sarna Vickerman Commers Knight Onnen Schumacher Warkentin Daggett Knoblach Opatz Seagren Wenzel Dehler Kraus Osskopp Smith Winter Dempsey Krinkie Otremba Stanek Workman Finseth Larsen Ozment Sviggum Sp.Anderson,I Goodno Lindner Paulsen Swenson, D. Haas Macklin Pawlenty Swenson, H. Hackbarth Mares Pellow SykoraThose who voted in the negative were:
Abrams Entenza Johnson, A. Marko Rukavina Bakk Erhardt Johnson, R. McCollum Simoneau Bettermann Farrell Kahn McElroy Skoglund Bishop Frerichs Kelley McGuire Solberg Bradley Garcia Kelso Munger Tomassoni Brown Girard Koppendrayer Ness Trimble Carlson Greenfield Leighton Olson, E. Van Engen Carruthers Greiling Leppik Orenstein Wagenius Clark Hausman Lieder Orfield Weaver Cooper Holsten Long Osthoff Wejcman Dauner Hugoson Lourey Ostrom Wolf Davids Huntley Luther Perlt Worke Dawkins Jaros Lynch Pugh Delmont Jefferson Mahon Rest Dorn Jennings Mariani RhodesThe motion did not prevail and the amendment was not adopted.
Wenzel moved to amend S. F. No. 845, the unofficial engrossment, as follows:
Page 37, after line 15, insert:
"Sec. 27 [62Q.211] [STATE GRANTS FOR COVERAGE OF ELECTIVE ABORTIONS PROHIBITED; OPTION OF NONCOVERAGE AND NOTIFICATION REQUIRED.]
(a) Notwithstanding any other provision of law, no grant of state funds may be provided to any person or entity which grant covers providing or providing coverage of elective abortions. This paragraph does not apply to medical assistance under chapter 256B or general assistance medical care under chapter 256D.
(b) Each health plan company that issues a health plan in this state shall make available to the policyholder or contract holder at least one health plan that does not cover elective abortion services.
(c) No health plan that covers elective abortions may be offered, sold, issued, or renewed in this state, unless the prospective policyholder or contract holder is provided, prior to agreeing to purchase or renew the health plan, a written notice stating that the health plan covers elective abortions and that a plan that does not cover elective abortions is available.
(d) For purposes of this section, an "abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child.
(e) For purposes of this section, an "elective abortion" means an abortion other than where, in the professional judgment of the attending physician, which is a medical judgment that would be made by a reasonably prudent
physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved, the life of the female would be endangered or substantial and irreversible impairment of a major bodily function would result if the fetus were carried to term; where the pregnancy is the result of conduct which constitutes criminal sexual conduct in the first or third degree, and the incident is reported within 48 hours after the victim becomes physically able to report the rape; or where the pregnancy is the result of incest and the incident and relative are reported to a valid law enforcement agency prior to the abortion."
Page 39, line 25, after "62D," insert "62E," and after "62H," insert "62J," and after "64B," insert "72A,"
Page 41, after line 8, insert "Section 27 is effective the day following final enactment, except that paragraphs (b) and (c) are effective January 1, 1996."
Page 44, after line 23, insert:
"Sec. 3. [62J.043][BACK-UP SUPPLEMENTAL INSURANCE EXCLUDED.]
Sections 62J.041 and 62J.042 do not apply to services reimbursed under a back-up supplemental health benefit policy. The term "back-up supplemental health benefit policy" means an unlimited choice of provider plan offered on a regional or multiregional basis which provides, under circumstances defined by the policy, coverage for some or all services and items included in a policy under which coverage is subject to the limits in sections 62J.041 and 62J.042 in individual cases when, although offered as a legitimate treatment by a physician, they are denied by the insurer or the health plan company or the utilization review organization on the ground that the service or item is not medically necessary or appropriate, on the ground that the service or item is inconsistent with medically appropriate guidelines or practice parameters, or on other grounds under which denial of an item or service covered by a policy subject to the limits in sections 62J.041 and 62J.042 is permitted."
Renumber the sections in sequence and correct internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Wenzel amendment and the roll was called. There were 61 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Kalis Murphy Pugh Tuma Anderson, R. Kinkel Ness Rice Tunheim Bertram Knight Olson, M. Rostberg Van Dellen Boudreau Knoblach Onnen Sarna Vickerman Broecker Kraus Opatz Schumacher Warkentin Commers Krinkie Osskopp Seagren Wenzel Daggett Larsen Otremba Smith Winter Dehler Lindner Ozment Stanek Workman Dempsey Macklin Paulsen Sviggum Sp.Anderson,I Finseth Mares Pawlenty Swenson, D. Hackbarth Milbert Pellow Swenson, H. Hasskamp Molnau Pelowski Sykora Johnson, V. Mulder Peterson TompkinsThose who voted in the negative were:
Abrams Entenza Jaros Lynch Rhodes Bakk Erhardt Jefferson Mahon Rukavina Bettermann Farrell Jennings Mariani Simoneau Bishop Frerichs Johnson, A. Marko Skoglund Bradley Garcia Johnson, R. McCollum Solberg Brown Girard Kahn McElroy Tomassoni Carlson Goodno Kelley McGuire Trimble Carruthers Greenfield Kelso Munger Van Engen Clark Greiling Koppendrayer Olson, E. Wagenius Cooper Haas Leighton Orenstein Weaver Dauner Harder Leppik Orfield WejcmanThe motion did not prevail and the amendment was not adopted.
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5379
Davids Hausman Lieder Osthoff Wolf Dawkins Holsten Long Ostrom Worke Delmont Hugoson Lourey Perlt Dorn Huntley Luther Rest
Wenzel moved to amend S. F. No. 845, the unofficial engrossment, as follows:
Page 34, line 35, after the period, insert "The commissioner may not designate a provider as an essential community provider for abortion services or for a group of services that includes abortion services."
A roll call was requested and properly seconded.
The question was taken on the Wenzel amendment and the roll was called. There were 61 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Johnson, V. Murphy Pugh Tuma Anderson, R. Kalis Ness Rice Tunheim Bertram Kinkel Olson, M. Rostberg Van Dellen Boudreau Knight Onnen Sarna Vickerman Broecker Knoblach Opatz Schumacher Warkentin Commers Kraus Osskopp Seagren Wenzel Daggett Krinkie Otremba Smith Winter Dehler Lindner Ozment Stanek Workman Dempsey Macklin Paulsen Sviggum Sp.Anderson,I Finseth Mares Pawlenty Swenson, D. Hackbarth Milbert Pellow Swenson, H. Harder Molnau Pelowski Sykora Hasskamp Mulder Peterson TompkinsThose who voted in the negative were:
Abrams Entenza Jefferson Lynch Rhodes Bakk Erhardt Jennings Mahon Rukavina Bettermann Farrell Johnson, A. Mariani Simoneau Bishop Frerichs Johnson, R. Marko Skoglund Bradley Garcia Kahn McCollum Solberg Brown Girard Kelley McElroy Tomassoni Carlson Goodno Kelso McGuire Trimble Carruthers Greenfield Koppendrayer Munger Van Engen Clark Greiling Larsen Olson, E. Wagenius Cooper Haas Leighton Orenstein Weaver Dauner Hausman Leppik Orfield Wejcman Davids Holsten Lieder Osthoff Wolf Dawkins Hugoson Long Ostrom Worke Delmont Huntley Lourey Perlt Dorn Jaros Luther RestThe motion did not prevail and the amendment was not adopted.
S. F. No. 845, A bill for an act relating to health; MinnesotaCare; expanding provisions of health care; establishing requirements for integrated service networks; modifying requirements for health plan companies; repealing the regulated all-payer option; modifying universal coverage and insurance reform provisions; revising the research and data initiatives; expanding eligibility for the MinnesotaCare program; creating the prescription drug purchasing authority; establishing a drug purchasing benefit program for senior citizens; extending the health care commission and regional coordinating boards; making technical changes; providing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.99, by adding a subdivision; 16A.724; 60A.02, subdivision 1a; 60B.02; 60B.03, subdivision 2; 60G.01, subdivisions 2, 4, and 5; 62A.10, subdivisions 1 and 2; 62A.65, subdivisions 5 and 8; 62D.042, subdivision 2; 62D.11, subdivision 1; 62D.181, subdivisions 2, 3, 6, and 9; 62E.05; 62E.141; 62H.04; 62H.08; 62J.017; 62J.04, subdivisions 1a and 3; 62J.05, subdivisions 2 and 9; 62J.06; 62J.09, subdivisions 1, 2, 6, 8, and by adding a subdivision; 62J.152, subdivision 5; 62J.17, subdivisions 4a, 6a, and by adding a subdivision; 62J.212; 62J.2913, subdivision 1; 62J.37; 62J.38; 62J.40; 62J.41, subdivisions 1 and 2; 62J.48; 62J.54; 62J.55; 62J.58; 62L.02, subdivisions 11, 16, and 26; 62L.03, subdivisions 3, 4, and 5; 62L.09, subdivision 1; 62L.12, subdivision 2; 62M.02, subdivision 12;
62M.07; 62M.09, subdivision 5; 62M.10, by adding a subdivision; 62N.02, by adding subdivisions; 62N.04; 62N.10, by adding a subdivision; 62N.11, subdivision 1; 62N.13; 62N.14, subdivision 3; 62N.25, subdivision 2; 62P.05, subdivision 4, and by adding a subdivision; 62Q.01, subdivisions 2, 3, 4, and by adding subdivisions; 62Q.03, subdivisions 1, 6, 7, 8, 9, 10, and by adding subdivisions; 62Q.07, subdivisions 1 and 2; 62Q.075, subdivision 4; 62Q.09, subdivision 3; 62Q.11, subdivision 2; 62Q.165; 62Q.17, subdivisions 2, 6, 8, and by adding a subdivision; 62Q.18; 62Q.30; 62Q.32; 62Q.33, subdivisions 4 and 5; 62Q.41; 72A.20, by adding subdivisions; 136A.1355, subdivisions 3 and 5; 136A.1356, subdivisions 3 and 4; 144.1464, subdivisions 2, 3, and 4; 144.147, subdivision 1; 144.1484, subdivision 1; 144.1486, subdivision 4; 144.1489, subdivision 3; 148B.32, subdivision 1; 151.21, subdivisions 2, 3, and by adding a subdivision; 151.48; 214.16, subdivisions 2 and 3; 256.9354, subdivisions 1, 4, 5, and by adding a subdivision; 256.9357, subdivisions 1, 2, and 3; 256.9358, subdivisions 3, 4, and by adding a subdivision; 256.9363, subdivision 5; 256B.037, subdivisions 1, 3, 4, and by adding subdivisions; 256B.04, by adding a subdivision; 256B.055, by adding a subdivision; 256B.057, subdivision 3, and by adding subdivisions; 256B.0625, subdivisions 13 and 30; 256B.69, subdivision 4; 270.101, subdivision 1; 295.50, subdivisions 3, 4, and 10a; 295.53, subdivisions 1, 3, and 4; 295.55, subdivision 4; 295.57; and 295.582; Laws 1990, chapter 591, article 4, section 9; Laws 1994, chapter 625, article 5, sections 5, subdivision 1; 7; and 10, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16B; 62J; 62L; 62N; 62Q; 256; 256B; and 295; repealing Minnesota Statutes 1994, sections 62J.045; 62J.07, subdivision 4; 62J.09, subdivision 1a; 62J.152, subdivision 6; 62J.19; 62J.30; 62J.31; 62J.32; 62J.33; 62J.34; 62J.35; 62J.41, subdivisions 3 and 4; 62J.44; 62J.45; 62J.65; 62L.08, subdivision 7a; 62N.34; 62P.01; 62P.02; 62P.03; 62P.07; 62P.09; 62P.11; 62P.13; 62P.15; 62P.17; 62P.19; 62P.21; 62P.23; 62P.25; 62P.27; 62P.29; 62P.31; 62P.33; 62Q.03, subdivisions 2, 3, 4, 5, and 11; 62Q.21; 62Q.27; and 256.9353, subdivisions 4 and 5; Laws 1993, chapter 247, article 1, sections 12, 13, 14, 15, 18, and 19; Minnesota Rules, part 4685.1700, subpart 1, item D.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 121 yeas and 13 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Knoblach Opatz Stanek Anderson, R. Garcia Koppendrayer Orenstein Sviggum Bakk Girard Kraus Orfield Swenson, D. Bertram Goodno Larsen Osthoff Swenson, H. Bettermann Greenfield Leighton Ostrom Sykora Bishop Greiling Leppik Otremba Tomassoni Boudreau Haas Lieder Paulsen Tompkins Bradley Hackbarth Long Pawlenty Tuma Broecker Harder Lourey Pellow Tunheim Brown Hasskamp Luther Pelowski Van Dellen Carlson Hausman Lynch Perlt Van Engen Carruthers Holsten Macklin Peterson Vickerman Clark Hugoson Mahon Pugh Wagenius Commers Huntley Mares Rest Warkentin Cooper Jaros Mariani Rhodes Weaver Daggett Jefferson Marko Rice Wejcman Dauner Jennings McCollum Rostberg Wenzel Davids Johnson, A. McElroy Rukavina Winter Dehler Johnson, R. McGuire Sarna Wolf Delmont Johnson, V. Molnau Schumacher Worke Dempsey Kahn Mulder Seagren Workman Dorn Kalis Munger Simoneau Entenza Kelley Murphy Skoglund Erhardt Kelso Ness Smith Finseth Kinkel Olson, E. SolbergThose who voted in the negative were:
Anderson, B. Knight Milbert Osskopp Sp.Anderson,I Dawkins Krinkie Olson, M. Ozment Farrell Lindner Onnen TrimbleThe bill was passed and its title agreed to.
Carruthers moved that the House recess subject to the call of the Chair. The motion prevailed.
The House reconvened and was called to order by the Speaker.
The following messages were received from the Senate:
Mr Speaker:
I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned:
House Concurrent Resolution No. 6, A house concurrent resolution relating to adjournment of the House of Representatives and Senate until 1996.
Janine Mattson, Assistant Secretary of the Senate
Carruthers moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 579.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.
May 19, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 579, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate concur in the House amendment and that S. F. No. 579 be further amended as follows:
Page 6, line 1, of the House amendment, after the period, insert "On July 1, 1997, and thereafter, the charitable organization shall begin disclosure of the total compensation of the five highest paid directors, officers, and employees of any related organization if the related organization receives funds from the charitable organization."
Page 11, of the House amendment, delete lines 10 to 12 and insert:
"$75,000 for fiscal year 1996 and $75,000 for fiscal year 1997 is appropriated from the general fund to the attorney general for the purpose of sections 1 to 15."
Page 11, of the House amendment, delete lines 16 and 17
We request adoption of this report and repassage of the bill.
Senate Conferees: Kevin M. Chandler, John C. Hottinger and William V. Belanger, Jr.
House Conferees: Matt Entenza, Robert Leighton and Steve Smith.
Entenza moved that the report of the Conference Committee on S. F. No. 579 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 579, A bill for an act relating to commerce; regulating charitable organizations; regulating filing statement; appropriating money; amending Minnesota Statutes 1994, sections 309.501, subdivision 1; 309.52, subdivisions 2 and 7; 309.53, subdivisions 1, 2, 3, and 8; 309.531, subdivisions 1 and 4; 309.54, subdivision 1; 309.556, subdivision 1; 501B.36; 501B.37, subdivision 2, and by adding a subdivision; and 501B.38; repealing Minnesota Statutes 1994, sections 309.53, subdivision 1a.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 116 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Leighton Osskopp Swenson, D. Anderson, R. Girard Leppik Osthoff Swenson, H. Bakk Goodno Lieder Ostrom Sykora Bertram Greenfield Long Otremba Tomassoni Bettermann Greiling Lourey Ozment Tompkins Bishop Harder Luther Paulsen Trimble Bradley Hasskamp Lynch Pawlenty Tuma Brown Hausman Macklin Pelowski Tunheim Carlson Holsten Mahon Perlt Van Dellen Carruthers Hugoson Mares Peterson Van Engen Clark Huntley Mariani Pugh Vickerman Commers Jefferson Marko Rest Wagenius Cooper Jennings McCollum Rhodes Warkentin Dauner Johnson, A. McElroy Rostberg Weaver Davids Johnson, R. McGuire Rukavina Wejcman Dawkins Johnson, V. Milbert Sarna Wenzel Delmont Kahn Molnau Schumacher Winter Dempsey Kalis Munger Seagren Wolf Dorn Kelley Murphy Simoneau Worke Entenza Kelso Ness Skoglund Sp.Anderson,I Erhardt Kinkel Olson, E. Smith Farrell Knoblach Opatz Solberg Finseth Koppendrayer Orenstein Stanek Frerichs Larsen Orfield SviggumThose who voted in the negative were:
Anderson, B. Dehler Kraus Olson, M. Boudreau Haas Krinkie Onnen Broecker Hackbarth Lindner Pellow Daggett Knight MulderThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 281.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; amending Minnesota Statutes 1994, sections 275.066; 473.121, subdivision 11; 473.13, subdivisions 1 and 2; 473.164, subdivision 3; 473.375, subdivisions 9 and 13; 473.385, subdivision 2; 473.386, subdivisions 1, 2, and 5; 473.388, subdivision 4; 473.39, subdivision 1b; 473.446, subdivision 8; 473.448; 473.505; 473.595, subdivision 3; and Laws 1994, chapter 628, article 2, section 5; repealing Minnesota Statutes 1994, section 473.394.
May 19, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 281, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate concur in the Knight and Orfield amendments adopted by the House on March 23, 1995.
That the Senate concur in the following portions of the Pellow amendment adopted by the House on March 23, 1995:
"Page 1, after line 13, insert:
"Section 1. Minnesota Statutes 1994, section 15A.082, subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in each odd-numbered year, the compensation council shall submit to the speaker of the house of representatives and the president of the senate salary recommendations for constitutional officers, legislators, justices of the supreme court, and judges of the court of appeals, district court, county court, and county municipal court. The recommended salary for each office must take effect on the first Monday in January of the next odd-numbered year, with no more than one adjustment, to take effect on January 1 of the year after that. The salary recommendations for legislators, judges, and constitutional officers take effect if an appropriation of money to pay the recommended salaries is enacted after the recommendations are submitted and before their effective date. Recommendations may be expressly modified or rejected. The salary recommendations for legislators are subject to additional terms that may be adopted according to section 3.099, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the house of representatives and the president of the senate recommendations for the salary ranges of the heads of state and metropolitan agencies, to be effective retroactively from January 1 of that year if enacted into law. The recommendations shall include the appropriate group in section 15A.081 to which each agency head should be assigned and the appropriate limitation on the maximum range of the salaries of the agency heads in each group, expressed as a percentage of the salary of the governor.
(c) The council shall also submit to the speaker of the
house of representatives and the president of the senate
recommendations for the salaries of members of the metropolitan
council."
Renumber the sections in sequence and correct internal references
Amend the title accordingly"
And that the House recede from the remainder of the Pellow amendment.
We request adoption of this report and repassage of the bill.
Senate Conferees: Carol Flynn, Ted A. Mondale and Pat Pariseau.
House Conferees: Myron Orfield, Dee Long and Ron Abrams.
Orfield moved that the report of the Conference Committee on S. F. No. 281 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 281, A bill for an act relating to metropolitan government; clarifying language and changing obsolete references; amending Minnesota Statutes 1994, sections 275.066; 473.121, subdivision 11; 473.13, subdivisions 1 and 2; 473.164, subdivision 3; 473.375, subdivisions 9 and 13; 473.385, subdivision 2; 473.386, subdivisions 1, 2, and 5; 473.388, subdivision 4; 473.39, subdivision 1b; 473.446, subdivision 8; 473.448; 473.505; 473.595, subdivision 3; and Laws 1994, chapter 628, article 2, section 5; repealing Minnesota Statutes 1994, section 473.394.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 109 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Skoglund Anderson, R. Frerichs Koppendrayer Olson, M. Smith Bakk Garcia Kraus Opatz Solberg Bertram Girard Leighton Orenstein Stanek Bettermann Goodno Leppik Orfield Sviggum Bishop Greenfield Lieder Osthoff Swenson, D. Bradley Greiling Long Ostrom Swenson, H. Brown Harder Lourey Otremba Sykora Carlson Hasskamp Luther Pawlenty Tomassoni Carruthers Hausman Lynch Pelowski Trimble Clark Holsten Macklin Perlt Tunheim Commers Hugoson Mahon Peterson Van Dellen Cooper Huntley Mares Pugh Vickerman Daggett Jaros Mariani Rest Wagenius Dauner Jefferson Marko Rhodes Warkentin Dawkins Jennings McCollum Rice Weaver Dehler Johnson, A. McElroy Rostberg Wejcman Delmont Johnson, R. McGuire Rukavina Wenzel Dorn Kahn Milbert Sarna Winter Entenza Kalis Munger Schumacher Wolf Erhardt Kelley Murphy Seagren Sp.Anderson,I Farrell Kinkel Ness SimoneauThose who voted in the negative were:
Anderson, B. Haas Krinkie Onnen Tompkins Boudreau Hackbarth Larsen Osskopp Tuma Broecker Johnson, V. Lindner Ozment Van Engen Davids Kelso Molnau Paulsen Worke Dempsey Knight Mulder Pellow WorkmanThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 538.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.
May 21, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 538, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 538 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [15.442] [REFUNDS OF LICENSE FEES.]
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "agency" has the meaning given it in section 16B.01, subdivision 2;
(2) "applicant" means an individual; a small business as defined by section 645.445; or a family farm, family farm corporation, or family farm partnership as defined by section 500.24, subdivision 2;
(3) "license" means a license, permit, variance, order, or other document or agency action required to permit an applicant to engage in certain conduct, perform an action, or refrain from performing an action; and
(4) "fee" means an amount of money paid for a license as defined in clause (3) that covers the cost of processing, investigating, and issuing the license, including a fee paid to a political subdivision or an agent of the state or a political subdivision, but does not include:
(i) any charge the collection of which is administered by the commissioner of revenue, other than a fee for a license the commissioner issues;
(ii) reemployment insurance tax required by chapter 268; or
(iii) motor vehicle registration tax required by chapter 168.
Subd. 2. [REFUNDS REQUIRED.] An agency, upon request of an applicant, shall refund the fee paid by the applicant for a license if the agency has not taken final action on the application and conveyed the license, or other action on the application, to the applicant within six weeks of receiving the application in complete, correct form together with any required information or documentation and after any necessary inspection. An agency has
conveyed a license or other action when, as shown by agency records, it has taken the normal steps used by the agency to deliver a license or notification of other action to an applicant. Delivery by mail is accomplished when a license or other notification is deposited with the postal service. A request for a refund may be made in writing or by facsimile within one year after filing the application. An agency shall not refund a fee paid by an applicant if the agency was prevented from taking final action on the license within six weeks because of (1) a work stoppage, or (2) a requirement of federal law or court order imposed or entered after July 1, 1995. This section does not apply to licenses issued by health regulatory agencies under chapter 214, to drivers' licenses, or to licenses the issuance of which requires:
(1) one or more public hearings or public notice requirements;
(2) verification of an applicant's background, credentials, or financial condition;
(3) an environmental impact statement or environmental assessment worksheet;
(4) a drawing to determine successful applicants for a limited number of licenses;
(5) following a specific timetable for issuance that is otherwise prescribed by law;
(6) inspection during a period of open water; or
(7) an annual report of water use.
Subd. 3. [RULES PROHIBITED.] An agency may not adopt rules limiting, adding conditions to, or otherwise governing the issuance of refunds under this section.
Subd. 4. [EFFECT ON LICENSE.] The refund of a fee as required by this section does not relieve the affected agency from its obligation to issue the license for which the fee was initially paid, if the other requirements for issuance of the license have been met.
Sec. 2. [EFFECTIVE DATE.]
This act is effective July 1, 1995, and applies to applications filed after June 30, 1995."
Delete the title and insert:
"A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15."
We request adoption of this report and repassage of the bill.
Senate Conferees: Steve L. Murphy and Phil J. Riveness.
House Conferees: Phil Carruthers, Howard Orenstein and Steve Smith.
Carruthers moved that the report of the Conference Committee on S. F. No. 538 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 538, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Opatz Solberg Anderson, B. Girard Krinkie Orenstein Stanek Anderson, R. Goodno Larsen Orfield Sviggum Bakk Greenfield Leppik Osskopp Swenson, H. Bertram Greiling Lieder Osthoff Tomassoni Bettermann Haas Long Ostrom Tompkins Bishop Hackbarth Lourey Otremba Trimble Boudreau Harder Luther Ozment Tuma Bradley Hasskamp Lynch Paulsen Tunheim Broecker Hausman Macklin Pawlenty Van Dellen Brown Holsten Mahon Pellow Van Engen Carlson Hugoson Mares Pelowski Vickerman Carruthers Huntley Mariani Perlt Wagenius Commers Jaros Marko Peterson Warkentin Cooper Jefferson McCollum Pugh Weaver Daggett Jennings McElroy Rest Wejcman Dauner Johnson, A. McGuire Rhodes Wenzel Davids Johnson, R. Milbert Rice Winter Dawkins Johnson, V. Molnau Rostberg Wolf Delmont Kahn Mulder Rukavina Worke Dempsey Kalis Munger Sarna Workman Dorn Kelley Murphy Schumacher Sp.Anderson,I Entenza Kelso Ness Seagren Erhardt Kinkel Olson, E. Simoneau Farrell Knoblach Olson, M. Skoglund Finseth Koppendrayer Onnen SmithThose who voted in the negative were:
Dehler Knight Swenson, D. Garcia Lindner SykoraThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 1444.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county; authorizing Crow Wing county to allow the sale of certain nonconforming lots within the Mississippi headwaters corridor; requiring the commissioner of natural resources to convey certain land to the city of Akeley; authorizing the sale of certain trust fund lands.
May 20, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1444, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 1444 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [TRANSFER OF NONCONFORMING SHORELAND LOTS WITHIN MISSISSIPPI HEADWATERS CORRIDOR.]
Subdivision 1. [DEFINITIONS.] The definitions in Minnesota Statutes, section 103F.365, apply to this section.
Subd. 2. [AUTHORIZATION.] Notwithstanding Minnesota Statutes, section 103F.215, the counties of Crow Wing, Hubbard, Cass, and Morrison may allow the sale or transfer, as a separate parcel, of a lot within shoreland, as defined in Minnesota Statutes, section 103F.205, subdivision 4, that:
(1) is located wholly within the Mississippi headwaters corridor, as identified in the plan or is located anywhere within Hubbard county;
(2) is one of a group of two or more contiguous lots that have been under the same common ownership since July 1, 1981; and
(3) does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211.
Subd. 3. [SELLER TO INFORM BUYER.] Before a contiguous lot is sold under the authority granted in subdivision 2, the seller shall inform the buyer in writing of the extent to which the lot does not meet the residential lot size requirements in the model standards and criteria adopted by the commissioner of natural resources under Minnesota Statutes, section 103F.211.
Subd. 4. [REPEALER.] This section is repealed effective January 1, 1997.
Sec. 2. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis county may sell by private sale the tax-forfeited lands bordering public water that are described in paragraphs (b), (c), and (d) under the remaining provisions of Minnesota Statutes, chapter 282. The conveyances must be in a form approved by the attorney general.
(b) The land to be conveyed is located in Greenwood township and is described as follows:
That part of unplatted Government Lot 5 in section 1, Township 62, Range 17 lying within the following lines: (1) on the south by the southerly line of Government Lot 5, (2) on the west by the easterly line of the westerly 25 feet of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, and (3) on the east by the easterly line of Government Lot 5, being .07 acres more or less.
The property is a small intervening strip of land between Lake Vermilion and private property. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
(c) The land to be conveyed is located in Greenwood township and is described as follows:
That part of unplatted Government Lot 5 in Section 1, Township 62, Range 17 lying within the following lines: (1) on the south by the southerly line of Government Lot 5, (2) on the west by the westerly line of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, and (3) on the east by the easterly line of the westerly 25 feet of Lot 2, Breezy Point Third Addition extended northerly to the shoreline, being .02 acres more or less.
The property is a small intervening strip of land between Lake Vermilion and private property. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
(d) The land to be conveyed is described as follows:
That part of the Southwest one-quarter of the Northwest one-quarter of Section 5, Township 55 North, Range 14 West of the 4th principal meridian, further described as follows: Beginning at the Northeast corner of said Sixteenth Section which is a five-eighths inch iron rod, thence Westerly on the North line a distance of 11.55 feet to the highwater mark of Whiteface Reservoir, thence along the highwater mark; azimuth=189 degrees, 36 minutes, 13 seconds a distance of 42.80 feet; thence azimuth=241 degrees, 00 minutes, 26 seconds a distance of 100.09 feet; thence azimuth=264 degrees, 57 minutes, 17 seconds a distance of 71.34 feet; thence azimuth=123 degrees, 53 minutes, 18 seconds a distance of 62.08 feet; thence azimuth=157 degrees, 11 minutes, 24 seconds a distance of 50.37 feet; thence azimuth=103 degrees, 24 minutes, 42 seconds a distance of 56.77 feet; thence azimuth=63 degrees, 53 minutes, 21 seconds a distance of 59.80 feet to a point on the East line of said Sixteenth Section; thence Northerly on the East line a distance of 165.28 feet to the point of beginning. This parcel contains 0.36 acres more or less.
This sale will resolve a problem arising from a resurvey. The St. Louis county auditor and assessor have reviewed the proposed sale and have determined that the purchase price is equitable and that this sale best serves the land management interests of St. Louis county.
Sec. 3. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATERS; ST. LOUIS COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis county may sell the tax-forfeited lands bordering public water that are described in subdivision 2, under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.
Subd. 2. [DESCRIPTIONS.] The parcels of land that may be conveyed are located in St. Louis county and, as set forth in each of the following clauses, are legally described as specified and are located on the water body named.
(1) Lots 88 and 89, Plat of Vermilion Dells, Sec. 11, Twp. 62, Rge. 16 W. Located on Lake Vermilion;
(2) That part of Lot 90 lying within Sec. 2, Twp. 62, Rge. 16 W. Located on Lake Vermilion; and
(3) That part of Lot 90 lying within Sec. 11, Twp. 62, Rge. 16 W. Located on Lake Vermilion.
Sec. 4. [SALE OF TAX-FORFEITED LAND; KOOCHICHING COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Koochiching county may sell for not less than the appraised value the tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The land that may be conveyed is three parcels.
Parcel number 1 is: Plat of Forest Point - Lot 62.
Parcel number 2 is: Two acres of Government Lot 2 described as follows:
Commencing at waters edge of Rainy River where 1/4 line on West side of Lot 2 intersects said river, thence due South 40 rods alongside 1/4 line, thence due East 8 rods, thence due North 40 rods, thence due West 8 rods to place of beginning. Section 33, Township 160N, Range 26W.
Parcel number 3 is: Plat of Mizpah - Lots 13, 14, 15, 16, 17, and 18, Block 4.
(d) The county has determined that the county's land management interests would best be served if the lands described in paragraph (c) were returned to private ownership.
Sec. 5. [FILLMORE COUNTY; SALE OF TAX-FORFEITED LAND TO THE CITY OF PRESTON.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Fillmore county may sell to the city of Preston the tax-forfeited lands bordering the Root river in the city of Preston that are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the attorney general and must provide that the land reverts to the state of Minnesota if it is not used for recreational trail purposes.
(c) The land that may be conveyed is legally described as Lots 3 and 4, Block 3, John Kaercher's Addition, City of Preston.
(d) The county has determined that the land is needed by the city for recreational trail purposes.
Sec. 6. [SALE OF TAX-FORFEITED LAND; HENNEPIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, Hennepin county may sell the tax-forfeited land bordering public water that is described in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general and subject to a restrictive covenant in a form prescribed by the commissioner of natural resources, which includes at least a 120-foot strip for protection along Shingle Creek and also protection of associated wetlands.
(c) The land that may be conveyed is located in the city of Brooklyn Park, Hennepin county, and is described as:
That part of the southwest quarter of the southeast quarter of section 30, township 119, range 21, lying south of the north 520.14 feet thereof and lying northwesterly of a line drawn from a point on the east line of said southwest quarter of the southeast quarter distant 150.60 feet south of the northeast corner thereof to a point on the south line of said southwest quarter of the southeast quarter distant 80 feet east of the southwest corner thereof.
(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.
Sec. 7. Laws 1995, chapter 108, section 5, is amended to read:
Sec. 5. [SALE OF TRUST FUND LANDS.]
Notwithstanding any law to the contrary, the following
described trust fund lands, Lot 1, Block 1, Gold Mine on the
River, and Government Lot 7, except the part platted as Lots 2
and 3, all in Section 36, Township 67 North, Range 18 West, St.
Louis county, may be sold to the lessee under the
provisions in Minnesota Statutes, chapter 92.
Sec. 8. [SALE OF IRRRB LANDS.]
Notwithstanding Minnesota Statutes, sections 94.09 to 94.13, the Iron Range Resources and Rehabilitation Board may convey on behalf of the state, the land described in this section to the city of Eveleth for no consideration. The land that may be conveyed is described as follows: That part of the Northwest one-quarter of the Northeast one-quarter of Section 17, Township 57 North, Range 17 West lying east of the east right-of-way line of State Highway No. 53, and containing 1.31 acres more or less.
The conveyance must be in a form approved by the attorney general, must provide that the land reverts to the state if it ceases to be used for a public purpose, and must reserve to the state all minerals and mineral rights. The city of Eveleth must pay any costs and expenses related to the conveyance.
The Iron Range Resources and Rehabilitation Board has determined that this parcel of land is not needed for its purposes and that the city of Eveleth needs it for municipal purposes.
Sec. 9. [MANKATO STATE UNIVERSITY.]
Mankato State University may sell to the city of Mankato for fair market value approximately 2.66 acres of land in the area of Warren Street, Stadium Road, and Hiniker Mill Road for use as a detention basin. The university may also grant the city of Mankato a permanent utility easement in order to provide the city access to the basin.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis, Koochiching, Hennepin, and Fillmore counties; authorizing conveyance of certain state lands to the city of Eveleth; authorizing conveyance of lots within the Mississippi headwaters corridor; authorizing a sale of land to the city of Mankato; amending Laws 1995, chapter 108, section 5."
We request adoption of this report and repassage of the bill.
Senate Conferees: Sam G. Solon and Harold R. "Skip" Finn.
House Conferees: Tom Rukavina, Anthony G. "Tony" Kinkel and Bill Haas.
Rukavina moved that the report of the Conference Committee on S. F. No. 1444 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1444, A bill for an act relating to state lands; providing for the sale of certain tax-forfeited lands in St. Louis county; authorizing Crow Wing county to allow the sale of certain nonconforming lots within the Mississippi headwaters corridor; requiring the commissioner of natural resources to convey certain land to the city of Akeley; authorizing the sale of certain trust fund lands.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 120 yeas and 14 nays as follows:
Those who voted in the affirmative were:
Anderson, B. Girard Leighton Orenstein Stanek Anderson, R. Goodno Leppik Osskopp Sviggum Bakk Greiling Lieder Osthoff Swenson, D. Bertram Haas Lindner Ostrom Swenson, H. Bettermann Hackbarth Long Otremba Sykora Bishop Harder Lourey Ozment Tomassoni Bradley Hasskamp Luther Paulsen Tompkins Brown Holsten Lynch Pawlenty Tunheim Carlson Hugoson Macklin Pellow Van Dellen Carruthers Huntley Mahon Pelowski Van Engen Commers Jaros Mares Perlt Vickerman Cooper Jefferson Mariani Peterson Warkentin Daggett Jennings Marko Pugh Weaver Dauner Johnson, A. McCollum Rest Wejcman Davids Johnson, R. McElroy Rhodes Wenzel Dehler Johnson, V. McGuire Rice Winter Delmont Kahn Milbert Rostberg Wolf Dempsey Kalis Molnau Rukavina Worke Dorn Kelley Mulder Sarna Workman Entenza Kelso Murphy Schumacher Sp.Anderson,I Erhardt Kinkel Ness Seagren Farrell Knoblach Olson, E. Simoneau Finseth Koppendrayer Olson, M. Skoglund Frerichs Kraus Onnen Smith Garcia Larsen Opatz SolbergThose who voted in the negative were:
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5392
Abrams Clark Hausman Munger Tuma Boudreau Dawkins Knight Orfield Wagenius Broecker Greenfield Krinkie TrimbleThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 557.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.
May 20, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 557, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S. F. No. 557 be further amended as follows:
Page 8, delete lines 22 to 33 and insert "appointed by the higher education board may not receive any increase in salary or be promoted to a higher position until after the board of trustees of the Minnesota state colleges and universities has assigned the position or class to an appropriate salary range. When the board of trustees next submits the compensation plan for excluded managers to the legislative commission on employee relations for interim approval, the plan must include the assignment of all classes and positions to specific salary ranges. The board of trustees has the authority to assign the appropriate salary and salary range for all positions covered in this plan."
Page 9, line 6, delete "INTEREST"
Amend the title as follows:
Page 1, line 5, after the semicolon, insert "modifying provisions relating to arbitrators;"
We request adoption of this report and repassage of the bill.
Senate Conferees: Carol Flynn, Gene Merriam and Sheila M. Kiscaden.
House Conferees: Loren A. Solberg, Ann H. Rest and Harry Mares.
Solberg moved that the report of the Conference Committee on S. F. No. 557 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 557, A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Smith Anderson, B. Frerichs Koppendrayer Olson, M. Solberg Anderson, R. Garcia Kraus Onnen Stanek Bakk Girard Krinkie Opatz Sviggum Bertram Goodno Larsen Orenstein Swenson, D. Bettermann Greenfield Leighton Orfield Swenson, H. Bishop Greiling Leppik Osskopp Sykora Boudreau Haas Lieder Osthoff Tomassoni Bradley Hackbarth Lindner Otremba Tompkins Broecker Harder Long Ozment Trimble Brown Hasskamp Lourey Paulsen Tuma Carlson Hausman Luther Pawlenty Tunheim Carruthers Holsten Lynch Pellow Van Dellen Clark Hugoson Macklin Pelowski Van Engen Commers Huntley Mahon Perlt Vickerman Cooper Jaros Mares Peterson Wagenius Daggett Jefferson Mariani Pugh Warkentin Dauner Jennings Marko Rest Weaver Davids Johnson, A. McCollum Rhodes Wejcman Dawkins Johnson, R. McElroy Rice Wenzel Dehler Johnson, V. McGuire Rostberg Winter Delmont Kahn Milbert Rukavina Wolf Dempsey Kalis Molnau Sarna Worke Dorn Kelley Mulder Schumacher Workman Entenza Kelso Munger Seagren Sp.Anderson,I Erhardt Kinkel Murphy Simoneau Farrell Knight Ness SkoglundThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 507.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Janine Mattson, Assistant Secretary of the Senate
A bill for an act relating to petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, subdivision 11, and by adding a subdivision; 115C.03, subdivision 10; 115C.09, subdivisions 1, 2, 3, 3b, and 3c; 115C.11, subdivision 1; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116.
May 17, 1995
The Honorable Allan H. Spear
President of the Senate
The Honorable Irv Anderson
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 507, report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 507 be further amended as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 115C.02, is amended by adding a subdivision to read:
Subd. 11a. [PREREMOVAL SITE ASSESSMENT.] "Preremoval site assessment" means actions defined in section 115A.092 which are taken by a registered consultant or the consultant's subcontractor prior to the removal of a petroleum storage tank in order to determine whether a release has occurred in the area immediately surrounding the tank.
Sec. 2. Minnesota Statutes 1994, section 115C.02, is amended by adding a subdivision to read:
Subd. 12a. [RESIDENTIAL SITE.] "Residential site" means a site containing a residence used for permanent habitation by an applicant. A residence may be part of a multipurpose or multidwelling building, but shall not include multidwelling units which contain more than two separate residences, or buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, schools or other buildings used for educational purposes, or correctional institutions.
Sec. 3. Minnesota Statutes 1994, section 115C.03, subdivision 10, is amended to read:
Subd. 10. [RETENTION OF CORRECTIVE ACTION
RECORDS.] A person who applies for reimbursement under this
chapter and a contractor or consultant who has billed the
applicant for corrective action services that are
part of the claim for reimbursement must maintain
prepare and retain all records related to the claim for
reimbursement corrective action services for a minimum
of five seven years from the date the claim for
reimbursement is submitted to the board. corrective action
services are performed, including, but not limited to, invoices
submitted to applicants, subcontractor invoices, receipts for
equipment rental, and all other goods rented or purchased,
personnel time reports, mileage logs, and expense accounts. An
applicant must obtain and retain records necessary to document
costs submitted in a claim for reimbursement for corrective
action services for seven years from the date the claim is
submitted to the board.
Sec. 4. Minnesota Statutes 1994, section 115C.09, subdivision 2, is amended to read:
Subd. 2. [RESPONSIBLE PERSON ELIGIBILITY.] (a) A responsible person who has incurred reimbursable costs after June 4, 1987, in response to a release, may apply to the board for partial reimbursement under subdivision 3 and rules adopted by the board. The board may consider applications for reimbursement at the following stages:
(1) after the commissioner approves a plan for
corrective action actions related to soil
contamination excavation and treatment or after the
commissioner determines that further soil excavation and
treatment should not be done;
(2) after the commissioner determines that the corrective
action plan actions described in clause (1)
has have been fully constructed or,
installed, or completed;
(3) after the commissioner approves a comprehensive plan for corrective action that will adequately address the entire release, including groundwater contamination if necessary;
(4) after the commissioner determines that the corrective action necessary to adequately address the release has been fully constructed or installed; and
(5) periodically afterward as the corrective action continues operation, but no more frequently than four times per 12-month period unless the application is for more than $2,000 in reimbursement.
(b) The commissioner shall review a plan, and provide an approval or disapproval to the responsible person and the board, within 60 days in the case of a plan submitted under paragraph (a), clause (1), and within 120 days in the case of a plan submitted under paragraph (a), clause (3), or the commissioner shall explain to the board why additional time is necessary. The board shall consider a complete application within 60 days of submission of the application under paragraph (a), clauses (1) and (2), and within 120 days of submission of the application under paragraph (a), clauses (3) and (4), or the board shall explain for the record why additional time is necessary. For purposes of the preceding sentence, board consideration of an application is timely if it occurs at the regularly scheduled meeting following the deadline. Board staff may review applications submitted to the board simultaneous to the commissioner's consideration of the appropriateness of the corrective action, but the board may not act on the application until after the commissioner's approval is received.
(c) A reimbursement may not be made unless the board determines that the commissioner has determined that the corrective action was appropriate in terms of protecting public health, welfare, and the environment.
Sec. 5. Minnesota Statutes 1994, section 115C.09, subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) The
board shall reimburse a responsible person who is eligible under
subdivision 2 from the account for in the following
amounts:
(1) 90 percent of the total reimbursable costs on the first $250,000 and 75 percent on any remaining costs in excess of $250,000 on a site; or
(2) for corrective actions at a residential site used as a permanent residence at the time the release was discovered, 92.5 percent of the total reimbursable costs on the first $100,000 and 100 percent of any remaining costs in excess of $100,000.
Not more than $1,000,000 may be reimbursed for costs associated with a single release, regardless of the number of persons eligible for reimbursement, and not more than $2,000,000 may be reimbursed for costs associated with a single tank facility.
(b) A reimbursement may not be made from the account under this subdivision until the board has determined that the costs for which reimbursement is requested were actually incurred and were reasonable.
(c) When an applicant has obtained responsible competitive bids or proposals according to rules promulgated under this chapter prior to June 1, 1995, the eligible costs for the tasks, procedures, services, materials, equipment, and tests of the low bid or proposal are presumed to be reasonable by the board, unless the costs of the low bid or proposal are substantially in excess of the average costs charged for similar tasks, procedures, services, materials, equipment, and tests in the same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two responsible competitive bids or proposals on forms prescribed by the board and where the rules promulgated under this chapter after June 1, 1995, designate maximum costs for specific tasks, procedures, services, materials, equipment and tests, the eligible costs of the low bid or proposal are deemed reasonable if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed in rules promulgated under this chapter after June 1, 1995, are presumed reasonable if the costs are at or below the maximums set forth in the rules, unless the costs in the change order are above those in the original bid or proposal or are unsubstantiated and inconsistent with the process and standards required by the rules.
(c) (f) A reimbursement may not be made from the
account under this subdivision in response to either an initial
or supplemental application for costs incurred after June 4,
1987, that are payable under an applicable insurance policy,
except that if the board finds that the responsible person has
made reasonable efforts to collect from an insurer and failed,
the board shall reimburse the responsible person under this
subdivision.
(d) (g) If the board reimburses a responsible
person for costs for which the responsible person has petroleum
tank leakage or spill insurance coverage, the board is subrogated
to the rights of the responsible person with respect to that
insurance coverage, to the extent of the reimbursement by the
board. The board may request the attorney general to bring an
action in district court against the insurer to enforce the
board's subrogation rights. Acceptance by a responsible person
of reimbursement constitutes an assignment by the responsible
person to the board of any rights of the responsible person with
respect to any insurance coverage applicable to the costs that
are reimbursed. Notwithstanding this paragraph, the board may
instead request a return of the reimbursement under subdivision 5
and may employ against the responsible party the remedies
provided in that subdivision, except where the board has
knowingly provided reimbursement because the responsible person
was denied coverage by the insurer.
(e) (h) Money in the account is appropriated to
the board to make reimbursements under this section. A
reimbursement to a state agency must be credited to the
appropriation account or accounts from which the reimbursed costs
were paid.
(f) (i) The board shall may reduce
the amount of reimbursement to be made under this section if it
finds that the responsible person has not complied with a
provision of this chapter, a rule or order issued under this
chapter, or one or more of the following requirements:
(1) at the time of the release the tank was in substantial
compliance with state and federal rules and regulations
applicable to the tank, including rules or regulations relating
to financial responsibility;
(2) (1) the agency was given notice of the
release as required by section 115.061;
(3) (2) the responsible person, to the extent
possible, fully cooperated with the agency in responding to the
release; and
(4) if the responsible person is an operator, the person
exercised due care with regard to operation of the tank,
including maintaining inventory control procedures.
(3) the state and federal rules and regulations applicable to the condition or operation of the tank when the noncompliance caused or failed to mitigate the release.
(g) (j) The reimbursement shall may
be reduced as much as 100 percent for failure by the responsible
person to comply with the requirements in paragraph (f)
(i), clauses (1) to (4) (3). In determining
the amount of the reimbursement reduction, the board shall
consider:
(1) the likely reasonable determination by the agency
of the environmental impact of the noncompliance;
(2) whether the noncompliance was negligent, knowing, or willful;
(3) the deterrent effect of the award reduction on other tank owners and operators; and
(4) the amount of reimbursement reduction recommended by the commissioner.
(h) (k) A person may assign the right to receive
reimbursement to each lender who advanced funds to pay the costs
of the corrective action or to each contractor or consultant who
provided corrective action services. An assignment must be made
by filing with the board a document, in a form prescribed by the
board, indicating the identity of the responsible person, the
identity of the assignee, the dollar amount of the assignment,
and the location of the corrective action. An assignment signed
by the responsible person is valid unless terminated by filing a
termination with the board, in a form prescribed by the board,
which must include the written concurrence of the assignee. The
board shall maintain an index of assignments filed under this
paragraph. The board shall pay the reimbursement to the
responsible person and to one or more assignees by a multiparty
check. The board has no liability to a responsible person for a
payment under an assignment meeting the requirements of this
paragraph.
Sec. 6. Minnesota Statutes 1994, section 115C.09, subdivision 3b, is amended to read:
Subd. 3b. [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding subdivisions 1 to 3, a person may apply to the board for partial reimbursement under subdivision 3 who:
(1) is not a responsible person under section 115C.02;
(2) holds legal or equitable title to the property where a release occurred; and
(3) incurs reimbursable costs on or after May 23, 1989.
(b) A person eligible for reimbursement under this subdivision must, to the maximum extent possible, comply with the same conditions and requirements of reimbursement as those imposed by this section on a responsible person.
(c) The board may reduce the reimbursement to a person eligible
under this subdivision if the person acquired legal or equitable
title to the property from a responsible person who failed to
comply with the provisions of subdivision 3, paragraph (f)
(i), except that the board may not reduce the
reimbursement to a mortgagee who acquires title to the property
through foreclosure or receipt of a deed in lieu of
foreclosure.
Sec. 7. Minnesota Statutes 1994, section 115C.09, subdivision 3c, is amended to read:
Subd. 3c. [RELEASE AT REFINERIES AND TANK FACILITIES NOT ELIGIBLE FOR REIMBURSEMENT.] (a) Notwithstanding other provisions of subdivisions 1 to 3b, a reimbursement may not be made under this section for costs associated with a release:
(1) from a tank located at a petroleum refinery; or
(2) from a tank facility, including a pipeline terminal, with more than 1,000,000 gallons of total petroleum storage capacity at the tank facility.
(b) Paragraph (a), clause (2), does not apply to reimbursement for costs associated with a release from a tank facility:
(1) owned or operated by a person engaged in the business of mining iron ore or taconite;
(2) owned by a political subdivision, a housing and redevelopment authority, an economic development authority, or a port authority that acquired the tank facility prior to May 23, 1989; or
(3) owned by a person:
(i) who acquired the tank facility prior to May 23, 1989;
(ii) who did not use the tank facility for the bulk storage of petroleum; and
(iii) who is not affiliated with the party who used the tank facility for the bulk storage of petroleum.
Sec. 8. [115C.092] [TANK REMOVALS; PAYMENT FOR PREREMOVAL SITE ASSESSMENT.]
Subdivision 1. [PREREMOVAL SITE ASSESSMENT; REIMBURSEMENT.] (a) Preremoval site assessment costs which are in compliance with the requirements of this chapter and with rules promulgated under this chapter shall be reimbursable. The applicant shall obtain written competitive proposals for the preremoval site assessment on a form prescribed by the board utilizing, as appropriate, tasks and costs established in rules promulgated under this chapter governing the initial site assessment.
(b) If contamination is found at the site, the board shall reimburse an applicant upon submission of the applicant's first application for reimbursement under section 115C.09, subdivision 2. If no contamination is found at the site, the board shall reimburse the applicant upon provision by the applicant of documentation that the tank or tanks have been removed from the site.
(c) Notwithstanding any provision in this subdivision to the contrary, the board shall not reimburse for a preremoval site assessment which is done for the purposes of facilitating a property transfer. The board shall presume that a preremoval site assessment is done for the purposes of facilitating a property transfer if the property is transferred within three months of incurring preremoval site assessment costs.
Subd. 2. [REQUIREMENTS OF A PREREMOVAL SITE ASSESSMENT.] The preremoval site assessment shall include a preremoval site assessment report to the tank owner as prescribed in subdivision 3 and (1) three borings if one tank is to be removed, or (2) five borings if more than one tank is to be removed. The placement of the borings shall be based on the tank system location, estimated depth and gradient of groundwater, and the maximum probability of encountering evidence of petroleum contamination.
Subd. 3. [REPORT TO TANK OWNER.] The consultant shall prepare a preremoval site assessment report which must include the following:
(1) a summary of any unusual site features affecting the preremoval site assessment and subsequent corrective action;
(2) the opinion of the consultant as to the presence and relative magnitude of any petroleum contamination on the site;
(3) the recommendation of the consultant as to whether further corrective action is needed, including groundwater remediation;
(4) the recommendation of the consultant as to whether the contaminated soil, if any, should be excavated and the volume of soil that should be excavated;
(5) a statement as to whether a petroleum tank release was reported to the agency and the date and time of that report, if any; and
(6) the signature of the consultant or contractor, and the date the report was prepared.
If further corrective action is recommended by the consultant, the preremoval site assessment report and any additional information gathered by the consultant during the assessment shall be used for securing competitive bids or proposals on forms prescribed by the board to implement corrective actions at the site, consistent with rules promulgated under this chapter.
Subd. 4. [BID AND INVOICE FORMS; AGENCY FACT SHEETS.] By August 1, 1995, the board shall prescribe a preremoval site assessment bid and invoice form as described in subdivision 1 and the agency shall publish fact sheets applicable to the preremoval site assessment.
Sec. 9. Minnesota Statutes 1994, section 115C.11, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION.] (a) All consultants and
contractors who perform corrective action services must
register with the board in order to participate in the
petroleum tank release cleanup program. In order to
register, consultants must meet and demonstrate compliance with
the following criteria:
(1) provide a signed statement to the board verifying agreement to abide by this chapter and the rules adopted under it and to include a signed statement with each claim that all costs claimed by the consultant are a true and accurate account of services performed;
(2) provide a signed statement that the consultant shall make available for inspection any records requested by the board for field or financial audits under the scope of this chapter;
(3) certify knowledge of the requirements of this chapter and the rules adopted under it;
(4) obtain and maintain professional liability coverage, including pollution impairment liability; and
(5) agree to submit to the board a certificate or certificates verifying the existence of the required insurance coverage.
(b) The board must maintain a list of all registered
consultants and a list of all registered contractors including
an identification of the services offered.
(c) An applicant who applies for reimbursement must use
a All corrective action services must be performed by
registered consultant consultants and contractor
in order to be eligible for reimbursement
contractors.
(d) The commissioner must inform any person who notifies the
agency of a release under section 115.061 that the person must
use a registered consultant or contractor to qualify for
reimbursement and that a list of registered consultants and
contractors is available from the board.
(e) Work Reimbursement for corrective action
services performed by an unregistered consultant or
contractor is ineligible for reimbursement subject to
reduction under section 115C.09, subdivision 3, paragraph
(i).
(f) Work (e) Corrective action services performed
by a consultant or contractor prior to being removed from the
registration list may be reimbursed without reduction by
the board.
(g) (f) If the information in an application for
registration becomes inaccurate or incomplete in any material
respect, the registered consultant or contractor must promptly
file a corrected application with the board.
(h) (g) Registration is effective on the date a
complete application is received by the board. The board may
reimburse without reduction the cost of work performed by
an unregistered contractor if the contractor performed the work
within 30 days of the effective date of registration.
Sec. 10. Minnesota Statutes 1994, section 115C.11, subdivision 2, is amended to read:
Subd. 2. [DISQUALIFICATION.] (a) The board must automatically remove from the registration list for five years a consultant or contractor who is convicted in a criminal proceeding for submitting false or fraudulent bills that are part of a claim for reimbursement under section 115C.09. The board may, in addition, impose one or more of the sanctions in paragraph (c).
(b) The board may impose sanctions under paragraph (c) on a consultant or contractor for any of the following reasons:
(1) engaging in conduct that departs from or fails to conform to the minimal standards of acceptable and prevailing engineering, hydrogeological, or other technical practices within the reasonable control of the consultant or contractor;
(2) participating in a kickback scheme prohibited under section 115C.045;
(3) engaging in conduct likely to deceive or defraud, or demonstrating a willful or careless disregard for public health or the environment;
(4) commission of fraud, embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
receiving stolen property, making false claims, or obstruction of
justice; or
(5) revocation, suspension, restriction, limitation, or other disciplinary action against the contractor's or consultant's license or certification in another state or jurisdiction; or
(6) if the person is a consultant, failure to comply with any of the ongoing obligations for registration as a consultant in subdivision 1, paragraph (a).
(c) The board may impose one or more of the following sanctions:
(1) remove a consultant or contractor from the registration list for up to five years;
(2) publicly reprimand or censure the consultant or contractor;
(3) place the consultant or contractor on probation for a period and upon terms and conditions the board prescribes;
(4) require payment of all costs of proceedings resulting in an action instituted under this paragraph; or
(5) impose a civil penalty of not more than $10,000, in an amount that the board determines will deprive the consultant or contractor of any economic advantage gained by reason of the consultant's or contractor's conduct or to reimburse the board for the cost of the investigation and proceeding.
(d) In deciding whether a particular sanction is appropriate, the board must consider the seriousness of the consultant's or contractor's acts or omissions and any mitigating factors.
(e) Civil penalties recovered by the state under this section must be credited to the account.
Sec. 11. Minnesota Statutes 1994, section 115C.12, is amended to read:
115C.12 [APPEAL OF REIMBURSEMENT DETERMINATION.]
Subdivision 1. [APPEAL FROM DETERMINATION OF
COMMISSIONER OF COMMERCE.] (a) A person may appeal to the
board within 90 days after notice of a reimbursement
determination made under section 115C.09 by submitting a written
notice setting forth the specific basis for the appeal.
(b) The board shall consider the appeal within 90 days of
the notice of appeal. The board shall notify the appealing party
of the date of the meeting at which the appeal will be heard at
least 30 days before the date of the meeting.
(c) The board's decision must be based on the written record
and written arguments and submissions unless the board determines
that oral argument is necessary to aid the board in its decision
making. Any written submissions must be delivered to the board
at least 15 days before the meeting at which the appeal will be
heard. Any request for the presentation of oral argument must be
in writing and submitted along with the notice of appeal.
An applicant for reimbursement may appeal to the board a
reimbursement determination made by the commissioner of commerce
under authority delegated by the board according to section
115C.09, subdivision 10. The commissioner of commerce shall send
written notification of the reimbursement determination by first
class United States mail to the applicant for reimbursement at
the applicant's last known address. The applicant for
reimbursement must file written notice with the board of an
appeal of a reimbursement determination made by the commissioner
of commerce within 60 days of the date that the commissioner of
commerce sends written notice to the applicant of the
reimbursement determination. The board shall consider the appeal
within 90 days of receipt of the written notice of appeal by the
applicant for reimbursement.
Subd. 2. [APPEAL FROM DECISION OF THE BOARD.] (a) An applicant for reimbursement may appeal a reimbursement determination of the board as a contested case under chapter 14. An applicant for reimbursement must provide written notification to the board of a request for a contested case within 30 days of the date that the board makes a reimbursement determination.
(b) This subdivision applies to reimbursement determinations made by the board as a result of an appeal to the board under subdivision 1 and reimbursement determinations made by the board when the board has not delegated its authority to make reimbursement determinations.
Sec. 12. Minnesota Statutes 1994, section 115C.13, is amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective June 30, 2000.
Sec. 13. [116.481] [MONITORING.]
Subdivision 1. [MEASUREMENT OF TANK CAPACITY.] (a) By September 1, 1996, all aboveground tanks of 2,000 gallons or more used for storage and subsequent resale of petroleum products must be equipped with:
(1) a gauge in working order that shows the current level of product in the tank; or
(2) an audible or visual alarm which alerts the person delivering fuel into the tank that the tank is within 100 gallons of capacity.
(b) In lieu of the equipment specified in paragraph (a), the owner or operator of a tank may use a manual method of measurement which accurately determines the amount of product in the tank and the amount of capacity available to be used. This information must be readily available to anyone delivering fuel into the tank prior to delivery. Documentation that a tank has the available capacity for the amount of product to be delivered must be transmitted to the person making the delivery.
Subd. 2. [CONTENTS LABELED.] (a) By December 1, 1995, all aboveground tanks governed by this section must be numbered and labeled as to the tank contents, total capacity, and capacity in volume increments of 500 gallons or less.
(b) Piping connected to the tank must be labeled with the product carried at the point of delivery and at the tank inlet. Manifolded delivery points must have all valves labeled as to product distribution.
Subd. 3. [SITE DIAGRAM.] (a) All tanks at a facility shall be shown on a site diagram which is permanently mounted in an area accessible to delivery personnel. The diagram shall show the number, capacity, and contents of tanks and the location of piping, valves, storm sewers, and other information necessary for emergency response, including the facility owner's or operator's telephone number.
(b) Prior to delivering product into an underground or aboveground tank, delivery personnel shall:
(1) consult the site diagram, where applicable, for proper delivery points, tank and piping locations, and valve settings;
(2) visually inspect the tank, piping, and valve settings to determine that the product being delivered will flow only into the appropriate tank; and
(3) determine, using equipment and information available at the site, that the available capacity of the tank is sufficient to hold the amount being delivered.
Delivery personnel must remain in attendance during delivery.
Subd. 4. [CAPACITY OF TANK.] A tank may not be filled from a transport vehicle compartment containing more than the available capacity of the tank, unless the hose of the transport vehicle is equipped with a manually operated shut-off nozzle.
Subd. 5. [EXEMPTION.] Aboveground and underground tanks located at refineries, pipeline terminals, and river terminals are exempt from this section.
Sec. 14. [EFFECTIVE DATE.]
Sections 2 and 5, paragraph (a), are effective retroactive to June 4, 1987. Section 5, paragraphs (c) to (k), section 7, and section 8, subdivision 4, are effective the day following final enactment. Section 10 is effective January 1, 1996. All other sections are effective August 1, 1995. Sections 1 and 8 apply only to preremoval site assessments begun on or after August 1, 1995.
Section 1. Minnesota Statutes 1994, section 88.171, subdivision 2, is amended to read:
Subd. 2. [PROHIBITED MATERIALS.] No person shall conduct,
cause, or permit open burning of oils, rubber, plastics,
chemically treated materials, or other materials which produce
excessive or noxious smoke including, but not limited to, tires,
railroad ties, chemically treated lumber, composite shingles, tar
paper, insulation, composition board, sheetrock, wiring, paint,
or paint filters. Except as specifically authorized by the
commissioner of the pollution control agency as an emergency
response to an oil spill, no person shall conduct, cause, or
permit open burning of oil.
Sec. 2. Minnesota Statutes 1994, section 115E.01, is amended by adding a subdivision to read:
Subd. 3a. [DAMAGES.] "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of hazardous substances or oil.
Sec. 3. Minnesota Statutes 1994, section 115E.01, is amended by adding a subdivision to read:
Subd. 11a. [RESPONSE AREA.] "Response area" means the area designated by the federal on-scene coordinator, the commissioner of the pollution control agency, or the commissioner of agriculture in which response to a discharge is occurring.
Sec. 4. Minnesota Statutes 1994, section 115E.01, is amended by adding a subdivision to read:
Subd. 11b. [RESPONSE COSTS.] "Response costs" means the costs of response that are incurred after a discharge of oil or hazardous substances has occurred, or, where there is a substantial threat of discharge of oil or hazardous substances, the costs to prevent, minimize, or mitigate a discharge.
Sec. 5. Minnesota Statutes 1994, section 115E.01, is amended by adding a subdivision to read:
Subd. 11c. [RESPONSIBLE PARTY.] "Responsible party" means a responsible party as defined in section 1001 of the Oil Pollution Act of 1990.
Sec. 6. Minnesota Statutes 1994, section 115E.04, subdivision 2, is amended to read:
Subd. 2. [TIMING.] (a) A person required to be prepared under
section 115E.03, other than a person who owns or operates a motor
vehicle, rolling stock, or a facility that stores less than
250,000 gallons of oil or a hazardous substance, shall complete
the response plan required by this section by March 1, 1993,
unless one of the commissioners orders the person to demonstrate
preparedness at an earlier date under section 115E.05. Plans
must be updated every three years. Plans must be updated before
three years following a significant discharge, upon significant
change in vessel or facility operation or ownership, upon
significant change in the national or area contingency plans
under the Oil Pollution Act of 1990, or upon change in the
capabilities or role of a person named in a plan who has an
important response role.
(b) A person who owns or operates a motor vehicle, rolling stock, or a facility that stores less than 250,000 gallons of oil or a hazardous substance shall complete the response plan required by this section by January 1, 1994.
(c) Plans required under section 115E.04 or 115E.045 must be updated every three years. Plans must be updated before three years following a significant discharge, upon significant change in vessel or facility operation or ownership, upon significant change in the national or area contingency plans under the Oil Pollution Act of 1990, or upon change in the capabilities or role of a person named in a plan who has an important response role.
Sec. 7. Minnesota Statutes 1994, section 115E.06, is amended to read:
115E.06 [GOOD SAMARITAN.]
(a) A person listed in this paragraph who is rendering
assistance in response to a discharge of a hazardous substance
or oil is not liable for response costs that result from
actions taken or failed to be taken in the course of the
assistance unless the person is grossly negligent or engages in
willful misconduct:
(1) a member of a cooperative or community awareness and emergency response group in compliance with standards in rules adopted by the pollution control agency;
(2) an employee or official of the political subdivision where the response takes place, or a political subdivision that has a mutual aid agreement with that subdivision;
(3) a member or political subdivision sponsor of a hazardous materials incident response team or special chemical assessment team designated by the commissioner of the department of public safety;
(4) a person carrying out the directions of: (i) the commissioner of the pollution control agency, the commissioner of agriculture, the commissioner of natural resources, or the commissioner of public safety; or (ii) the United States Coast Guard or Environmental Protection Agency on-scene coordinator consistent with a national contingency plan under the Oil Pollution Act of 1990; and
(5) a for-hire response contractor.
(b) This section does not exempt from liability responsible persons with respect to the discharge under chapter 115B or 115C or responsible parties with respect to the discharge under chapter 18B or 18D.
Sec. 8. Minnesota Statutes 1994, section 115E.061, is amended to read:
115E.061 [RESPONDER IMMUNITY; OIL DISCHARGES.]
(a) Notwithstanding any other law, a person
identified in section 115E.06, paragraph (a), who is
rendering care, assistance, or advice in response
to a discharge or threat of discharge of oil is not liable
for response costs or damages that result from actions
taken or failed to be taken in the course of rendering the
care, assistance, or advice in accordance
consistent with the national contingency plan under the
Oil Pollution Act of 1990, or as otherwise directed by the
federal on-scene coordinator, the commissioner of the pollution
control agency, the commissioner of agriculture, the commissioner
of natural resources, or the commissioner of public safety.
(b) Paragraph (a) does not apply:
(1) to a responsible person under chapter 115B or 115C
party;
(2) with respect to personal injury or wrongful death;
or
(3) if the person rendering assistance is grossly negligent or engages in willful misconduct; or
(4) to a discharge that occurs outside the response area or after the response.
(c) Nothing in this section relieves a responsible party from liability the responsible party otherwise has for the initial discharge or threat of discharge that necessitated the response.
(d) Nothing in this section relieves a responsible party from the following duties:
(1) to take steps to prevent discharges under section 115E.02;
(2) to be prepared for discharges under section 115E.03, subdivision 1; or
(3) duties under section 115.061.
(e) A responsible party is liable for any response costs and damages that another person is relieved of under paragraph (a).
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to the environment; modifying the petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; clarifying liability for oil discharges; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, by adding subdivisions; 115C.03, subdivision 10; 115C.09, subdivisions 2, 3, 3b, and 3c; 115C.11, subdivisions 1 and 2; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116."
We request adoption of this report and repassage of the bill.
Senate Conferees: Steven G. Novak, Don Samuelson and Steve Dille.
House Conferees: Roger Cooper, Stephen G. Wenzel and Ron Kraus.
Cooper moved that the report of the Conference Committee on S. F. No. 507 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 507, A bill for an act relating to petroleum tank release cleanup program; providing for payment for a site assessment prior to tank removal; modifying reimbursement provisions; adding requirements for tank monitoring; establishing registration requirements; modifying program and liability provisions; amending Minnesota Statutes 1994, sections 88.171, subdivision 2; 115C.02, subdivision 11, and by adding a subdivision; 115C.03, subdivision 10; 115C.09, subdivisions 1, 2, 3, 3b, and 3c; 115C.11, subdivision 1; 115C.12; 115C.13; 115E.01, by adding subdivisions; 115E.04, subdivision 2; 115E.06; and 115E.061; proposing coding for new law in Minnesota Statutes, chapters 115C; and 116.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Smith Anderson, B. Frerichs Koppendrayer Olson, M. Solberg Anderson, R. Garcia Kraus Onnen Stanek Bakk Girard Krinkie Opatz Sviggum Bertram Goodno Larsen Orenstein Swenson, D. Bettermann Greenfield Leighton Orfield Swenson, H. Bishop Greiling Leppik Osskopp Sykora Boudreau Haas Lieder Osthoff Tomassoni Bradley Hackbarth Lindner Ostrom Tompkins Broecker Harder Long Otremba Trimble Brown Hasskamp Lourey Ozment Tuma Carlson Hausman Luther Paulsen Tunheim Carruthers Holsten Lynch Pawlenty Van Dellen Clark Hugoson Macklin Pellow Van Engen Commers Huntley Mahon Pelowski Vickerman Cooper Jaros Mares Perlt Wagenius Daggett Jefferson Mariani Peterson Warkentin Dauner Jennings Marko Pugh Weaver Davids Johnson, A. McCollum Rest Wejcman Dawkins Johnson, R. McElroy Rhodes Wenzel Dehler Johnson, V. McGuire Rostberg Winter Delmont Kahn Milbert Rukavina Wolf Dempsey Kalis Molnau Sarna Worke Dorn Kelley Mulder Schumacher Workman Entenza Kelso Munger Seagren Sp.Anderson,I Erhardt Kinkel Murphy Simoneau Farrell Knight Ness SkoglundThe bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 999.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 999, A bill for an act relating to state finance; adding certain human services obligations to the requirement that state agencies promptly pay their bills; amending Minnesota Statutes 1994, section 16A.124, subdivision 8, and by adding a subdivision.
The bill was read for the first time.
Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Delmont moved that the rule therein be suspended and an urgency be declared so that S. F. No. 999 be given its second and third readings and be placed upon its final passage. The motion prevailed.
Delmont moved that the Rules of the House be so far suspended that S. F. No. 999 be given its second and third readings and be placed upon its final passage. The motion prevailed.
S. F. No. 999 was read for the second time.
S. F. No. 999, A bill for an act relating to state finance; adding certain human services obligations to the requirement that state agencies promptly pay their bills; amending Minnesota Statutes 1994, section 16A.124, subdivision 8, and by adding a subdivision.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, M. Smith Anderson, B. Frerichs Koppendrayer Onnen Solberg Anderson, R. Garcia Kraus Opatz Stanek Bakk Girard Krinkie Orenstein Sviggum Bertram Goodno Larsen Orfield Swenson, D. Bettermann Greenfield Leighton Osskopp Swenson, H. Bishop Greiling Leppik Osthoff Sykora Boudreau Haas Lieder Ostrom Tomassoni Bradley Hackbarth Lindner Otremba Tompkins Broecker Harder Long Ozment Trimble Brown Hasskamp Lourey Paulsen Tuma Carlson Hausman Luther Pawlenty Tunheim Carruthers Holsten Lynch Pellow Van Dellen Clark Hugoson Macklin Pelowski Van Engen Commers Huntley Mahon Perlt Vickerman Cooper Jaros Mares Peterson Wagenius Daggett Jefferson Mariani Pugh Warkentin Dauner Jennings Marko Rest Weaver Davids Johnson, A. McCollum Rhodes Wejcman Dawkins Johnson, R. McElroy Rice Wenzel Dehler Johnson, V. McGuire Rostberg Winter Delmont Kahn Milbert Rukavina Wolf Dempsey Kalis Molnau Sarna Worke Dorn Kelley Mulder Schumacher Workman Entenza Kelso Munger Seagren Sp.Anderson,I Erhardt Kinkel Murphy Simoneau Farrell Knight Ness SkoglundThe bill was passed and its title agreed to.
The following Conference Committee Reports were received:
A bill for an act relating to gambling; making technical amendments to eliminate references to teleracing facilities; regulating testing facilities for the testing of gambling devices; regulating bingo and lawful purpose expenditures, and credit and sales to delinquent organizations; providing for contributions to certain compulsive gambling programs; amending Minnesota Statutes 1994, sections 240.01, subdivisions 18 and 23; 240.10; 240.19; 240.23; 240.27, subdivisions 2, 3, 4, and 5; 299L.01, subdivision 1; 299L.03, subdivision 1; 299L.07, subdivisions 1, 2, 4, 5, 6, and by adding a subdivision; 349.12, subdivision 25, and by adding a subdivision; 349.17, subdivision 1; 349.191, subdivision 1a; and 349.211, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299L; repealing Minnesota Statutes 1994, section 240.01, subdivisions 17 and 21.
May 18, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 265, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 265 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 240.01, subdivision 18, is amended to read:
Subd. 18. [ON-TRACK PARI-MUTUEL BETTING.] "On-track
pari-mutuel betting" means wagering conducted at a licensed
racetrack, or at a class E licensed facility whose wagering
system is electronically linked to a licensed racetrack.
Sec. 2. Minnesota Statutes 1994, section 240.01, subdivision 23, is amended to read:
Subd. 23. [FULL RACING CARD.] "Full racing card" means three
or more races that are: (1) part of a horse racing program being
conducted at a racetrack; and (2) being simulcast or telerace
simulcast at a licensed racetrack or teleracing
facility.
Sec. 3. Minnesota Statutes 1994, section 240.10, is amended to read:
240.10 [LICENSE FEES.]
The fee for a class A license is $10,000 per year. The fee for
a class B license is $100 for each assigned racing day on which
racing is actually conducted, and $50 for each day on which
simulcasting is authorized and actually takes place. The fee for
a class D license is $50 for each assigned racing day on which
racing is actually conducted. The fee for a class E license
is $1,000 per year. Fees imposed on class B and class D
licenses must be paid to the commission at a time and in a manner
as provided by rule of the commission.
The commission shall by rule establish an annual license fee for each occupation it licenses under section 240.08 but no annual fee for a class C license may exceed $100.
License fee payments received must be paid by the commission to the state treasurer for deposit in the general fund.
Sec. 4. Minnesota Statutes 1994, section 240.19, is amended to read:
240.19 [CONTRACTS.]
The commission shall by rule require that all contracts entered
into by a class A, class B, or class D, or class E
licensee for the provision of goods or services, including
concessions contracts, be subject to commission approval. The
rules must require that the contract include an affirmative
action plan establishing goals and timetables consistent with the
Minnesota Human Rights Act, chapter 363. The rules may also
establish goals to provide economic opportunity for disadvantaged
and emerging small businesses, racial minorities, women, and
disabled individuals. The commission may require a contract
holder to submit to it documents and records the commission deems
necessary to evaluate the contract.
Sec. 5. Minnesota Statutes 1994, section 240.23, is amended to read:
240.23 [RULEMAKING AUTHORITY.]
The commission has the authority, in addition to all other rulemaking authority granted elsewhere in this chapter to promulgate rules governing:
(a) the conduct of horse races held at licensed racetracks in Minnesota, including but not limited to the rules of racing, standards of entry, operation of claiming races, filing and handling of objections, carrying of weights, and declaration of official results;
(b) wire communications between the premises of a licensed racetrack and any place outside the premises;
(c) information on horse races which is sold on the premises of a licensed racetrack;
(d) liability insurance which it may require of all class A,
class B, and class D, and class E licensees;
(e) the auditing of the books and records of a licensee by an auditor employed or appointed by the commission;
(f) emergency action plans maintained by licensed racetracks and their periodic review;
(g) safety, security, and sanitation of stabling facilities at licensed racetracks;
(h) entry fees and other funds received by a licensee in the course of conducting racing which the commission determines must be placed in escrow accounts;
(i) affirmative action in employment and contracting by class A, class B, and class D licensees; and
(j) the operation of teleracing facilities; and
(k) any other aspect of horse racing or pari-mutuel
betting which in its opinion affects the integrity of racing or
the public health, welfare, or safety.
Rules of the commission are subject to chapter 14, the Administrative Procedure Act.
Sec. 6. Minnesota Statutes 1994, section 240.27, subdivision 2, is amended to read:
Subd. 2. [HEARING; APPEAL.] An order to exclude a person from
any or all licensed racetracks or licensed teleracing
facilities in the state must be made by the commission at a
public hearing of which the person to be excluded must have at
least five days' notice. If present at the hearing, the person
must be permitted to show cause why the exclusion should not be
ordered. An appeal of the order may be made in the same manner
as other appeals under section 240.20.
Sec. 7. Minnesota Statutes 1994, section 240.27, subdivision 3, is amended to read:
Subd. 3. [NOTICE TO RACETRACKS.] Upon issuing an order
excluding a person from any or all licensed racetracks or
licensed teleracing facilities, the commission shall send a
copy of the order to the excluded person and to all racetracks or
teleracing facilities named in it, along with other information
as it deems necessary to permit compliance with the order.
Sec. 8. Minnesota Statutes 1994, section 240.27, subdivision 4, is amended to read:
Subd. 4. [PROHIBITIONS.] It is a gross misdemeanor for a
person named in an exclusion order to enter, attempt to enter, or
be on the premises of a racetrack or a teleracing facility
named in the order while it is in effect, and for a person
licensed to conduct racing or operate a racetrack or a
teleracing facility knowingly to permit an excluded person to
enter or be on the premises.
Sec. 9. Minnesota Statutes 1994, section 240.27, subdivision 5, is amended to read:
Subd. 5. [EXCLUSIONS BY RACETRACK.] The holder of a license to
conduct racing or operate a teleracing facility may eject
and exclude from its premises any licensee or any other person
who is in violation of any state law or commission rule or order
or who is a threat to racing integrity or the public safety. A
person so excluded from racetrack premises or teleracing
facility may appeal the exclusion to the commission and must
be given a public hearing on the appeal upon request. At the
hearing the person must be given the opportunity to show cause
why the exclusion should not have been ordered. If the
commission after the hearing finds that the integrity of racing
and the public safety do not justify the exclusion, it shall
order the racetrack or teleracing facility making the
exclusion to reinstate or readmit the person. An appeal of a
commission order upholding the exclusion is governed by
section 240.20.
Sec. 10. Minnesota Statutes 1994, section 299L.01, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this chapter, the terms defined in this subdivision have the meanings given them.
(b) "Division" means the division of gambling enforcement.
(c) "Commissioner" means the commissioner of public safety.
(d) "Director" means the director of gambling enforcement.
(e) "Manufacturer" means a person who assembles from raw materials or subparts a gambling device for sale or use in Minnesota.
(f) "Distributor" means a person who sells, offers to sell, or otherwise provides a gambling device to a person in Minnesota.
(g) "Used gambling device" means a gambling device five or more years old from the date of manufacture.
(h) "Test" means the process of examining a gambling device to determine its characteristics or compliance with the established requirements of any jurisdiction.
(i) "Testing facility" means a person in Minnesota who is engaged in the testing of gambling devices for use in any jurisdiction.
Sec. 11. Minnesota Statutes 1994, section 299L.03, subdivision 1, is amended to read:
Subdivision 1. [INSPECTIONS; ACCESS.] In conducting any inspection authorized under this chapter or chapter 240, 349, or 349A, the employees of the division of gambling enforcement have free and open access to all parts of the regulated business premises, and may conduct the inspection at any reasonable time without notice and without a search warrant. For purposes of this subdivision, "regulated business premises" means premises where:
(1) lawful gambling is conducted by an organization licensed under chapter 349 or by an organization exempt from licensing under section 349.166;
(2) gambling equipment is manufactured, sold, distributed, or serviced by a manufacturer or distributor licensed under chapter 349;
(3) records required to be maintained under chapter 240, 297E, 349, or 349A are prepared or retained;
(4) lottery tickets are sold by a lottery retailer under chapter 340A;
(5) races are conducted by a person licensed under chapter 240; or
(6) gambling devices are manufactured or,
distributed, or tested, including places of storage under
section 299L.07.
Sec. 12. Minnesota Statutes 1994, section 299L.05, is amended to read:
299L.05 [GAMBLING VIOLATIONS; RESTRICTIONS ON FURTHER ACTIVITY.]
An owner of an establishment is prohibited from having lawful
gambling under chapter 349 conducted on the premises, or
selling any lottery tickets under chapter 349A, or having a
video game of chance as defined under section 349.50 located on
the premises, if a person was convicted of violating section
609.76, subdivision 1, clause (7), or 609.76, subdivision (2),
for an activity occurring on the owner's premises.
Sec. 13. Minnesota Statutes 1994, section 299L.07, subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] Except as provided in subdivision 2, a person may not (1) manufacture, sell, offer to sell, lease, rent, or otherwise provide, in whole or in part, a gambling device as defined in sections 349.30, subdivision 2, and 609.75, subdivision 4, or (2) operate a testing facility, without first obtaining a license under this section.
Sec. 14. Minnesota Statutes 1994, section 299L.07, subdivision 2, is amended to read:
Subd. 2. [EXCLUSIONS.] Notwithstanding subdivision 1, a gambling device:
(1) may be manufactured without a license as provided in
section 349.40; and
(2) may be sold by a person who is not licensed under
this section, if the person (i) is not engaged in the trade or
business of selling gambling devices, and (ii) does not sell more
than one gambling device in any calendar year;
(2) may be possessed by a person not licensed under this section if the person holds a permit issued under section 299L.08; and
(3) may be possessed by a state agency, with the written authorization of the director, for display or evaluation purposes only and not for the conduct of gambling.
Sec. 15. Minnesota Statutes 1994, section 299L.07, is amended by adding a subdivision to read:
Subd. 2b. [TESTING FACILITIES.] (a) A person holding a license to operate a testing facility may possess a gambling device only for the purpose of performing tests on the gambling device.
(b) No person may hold a license to operate a testing facility under this section who is licensed as a manufacturer or distributor of gambling devices under this section or as a manufacturer or distributor of gambling equipment under chapter 349.
Sec. 16. Minnesota Statutes 1994, section 299L.07, subdivision 4, is amended to read:
Subd. 4. [APPLICATION.] An application for a manufacturer's
or distributor's license under this section must be on
a form prescribed by the commissioner and must, at a minimum,
contain:
(1) the name and address of the applicant and, if it is a corporation, the names of all officers, directors, and shareholders with a financial interest of five percent or more;
(2) the names and addresses of any holding corporation, subsidiary, or affiliate of the applicant, without regard to whether the holding corporation, subsidiary, or affiliate does business in Minnesota; and
(3) if the applicant does not maintain a Minnesota office, an irrevocable consent statement signed by the applicant, stating that suits and actions relating to the subject matter of the application or acts of omissions arising from it may be commenced against the applicant in a court of competent jurisdiction in this state by service on the secretary of state of any summons, process, or pleadings authorized by the laws of this state. If any summons, process, or pleading is served upon the secretary of state, it must be by duplicate copies. One copy must be retained in the office of the secretary of state and the other copy must be forwarded immediately by certified mail to the address of the applicant, as shown on the application.
Sec. 17. Minnesota Statutes 1994, section 299L.07, subdivision 5, is amended to read:
Subd. 5. [INVESTIGATION.] Before a manufacturer's or
distributor's license under this section is granted,
the director may conduct a background and financial investigation
of the applicant, including the applicant's sources of financing.
The director may, or shall when required by law, require that
fingerprints be taken and the director may forward the
fingerprints to the Federal Bureau of Investigation for a
national criminal history check. The director may charge an
investigation fee to cover the cost of the investigation.
Sec. 18. Minnesota Statutes 1994, section 299L.07, subdivision 6, is amended to read:
Subd. 6. [LICENSE FEES.] (a) A license issued under this section is valid for one year.
(b) For a person who distributes 100 or fewer used gambling devices per year, the fee is $1,500. For a person who distributes more than 100 used gambling devices per year, the fee is $2,000.
(c) For a person who manufactures or distributes 100 or fewer new, or new and used gambling devices in a year, the fee is $5,000. For a person who manufactures or distributes more than 100 new, or new and used gambling devices in a year, the fee is $7,500.
(d) For a testing facility the fee is $5,000.
Sec. 19. [299L.08] [TEMPORARY POSSESSION; PERMIT.]
Subdivision 1. [PERMIT AUTHORIZED.] The director may issue a temporary permit for a person to possess a gambling device for the purpose of displaying the gambling device at a trade show, convention, or other event where gambling devices are displayed.
Subd. 2. [APPLICATION; FEE.] An application for a temporary permit under this section must contain:
(1) the applicant's name, address, and telephone number;
(2) the name, date, and location of the event where the gambling device will be displayed;
(3) the method or methods by which the gambling device will be transported to the event, including the name of all carriers performing the transportation and the date of expected shipment;
(4) the individual or individuals who will be responsible for the gambling device while it is in Minnesota;
(5) the type, make, model, and serial number of the device;
(6) the location where the device will be stored in Minnesota while not at the event location;
(7) the date on which the device will be transported outside Minnesota;
(8) evidence satisfactory to the director that the applicant is registered and in compliance with United States Code, title 15, sections 1171 to 1178; and
(9) other information the director deems necessary.
The fee for a permit under this section is $100.
Subd. 3. [TERMS.] A permit under this section authorizes possession of a gambling device only during the period and for the event named in the permit. The permit authorizes the possession of a gambling device for display, educational, and information purposes only, and does not authorize the conduct of any gambling. The permit may not extend for more than 72 hours beyond the end of the event named in the permit.
Subd. 4. [INSPECTION.] The director may conduct inspections of events where gambling devices are displayed to ensure compliance with this section and other laws relating to gambling.
Sec. 20. Minnesota Statutes 1994, section 349.12, is amended by adding a subdivision to read:
Subd. 15a. [FESTIVAL ORGANIZATION.] "Festival organization" is an organization conducting a community festival that is exempt from the payment of federal income taxes under section 501(c)(4) of the Internal Revenue Code.
Sec. 21. Minnesota Statutes 1994, section 349.12, subdivision 25, is amended to read:
Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one or more of the following:
(1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15a, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the board under section 349.154, which standards must apply to both types of organizations in the same manner and to the same extent;
(2) a contribution to an individual or family suffering from poverty, homelessness, or physical or mental disability, which is used to relieve the effects of that poverty, homelessness, or disability;
(3) a contribution to an individual for treatment for delayed
posttraumatic stress syndrome or a contribution to a
recognized program recognized by the Minnesota
department of human services for the education,
prevention, or treatment of compulsive gambling on behalf
of an individual who is a compulsive gambler;
(4) a contribution to or expenditure on a public or private nonprofit educational institution registered with or accredited by this state or any other state;
(5) a contribution to a scholarship fund for defraying the cost of education to individuals where the funds are awarded through an open and fair selection process;
(6) activities by an organization or a government entity which recognize humanitarian or military service to the United States, the state of Minnesota, or a community, subject to rules of the board, provided that the rules must not include mileage reimbursements in the computation of the per occasion reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and necessary expenditures made to support:
(i) members of a military marching or colorguard unit for activities conducted within the state; or
(ii) members of an organization solely for services performed by the members at funeral services;
(7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate on the basis of gender and the organization complies with section 349.154;
(8) payment of local taxes authorized under this chapter, taxes imposed by the United States on receipts from lawful gambling, the taxes imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section 290.05, subdivision 3;
(9) payment of real estate taxes and assessments on permitted gambling premises wholly owned by the licensed organization paying the taxes, not to exceed:
(i) the amount which an organization may expend under board
rule on rent for premises used for bingo, the amount that
an organization may expend under board rules on rent for
bingo; or and
(ii) $15,000 $35,000 per year for premises used
for other forms of lawful gambling;
(10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency;
(11) a contribution to or expenditure by a nonprofit organization which is a church or body of communicants gathered in common membership for mutual support and edification in piety, worship, or religious observances;
(12) payment of one-half of the reasonable costs of an audit required in section 297E.06, subdivision 4;
(13) a contribution to or expenditure on a wildlife management project that benefits the public at-large, provided that the state agency with authority over that wildlife management project approves the project before the contribution or expenditure is made; or
(14) expenditures, approved by the commissioner of natural resources, by an organization for grooming and maintaining snowmobile trails that are (1) grant-in-aid trails established under section 116J.406, or (2) other trails open to public use, including purchase or lease of equipment for this purpose.
(b) Notwithstanding paragraph (a), "lawful purpose" does not include:
(1) any expenditure made or incurred for the purpose of influencing the nomination or election of a candidate for public office or for the purpose of promoting or defeating a ballot question;
(2) any activity intended to influence an election or a governmental decision-making process;
(3) the erection, acquisition, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organization, unless the board has first specifically authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively for one or more of the purposes in paragraph (a); (ii) with respect to expenditures for repair or maintenance only, that the property is or will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and that no rental fee is charged for the use; (iii) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and destroyed or made uninhabitable by fire or natural disaster, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance; or (iv) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser
that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced;
(4) an expenditure by an organization which is a contribution to a parent organization, foundation, or affiliate of the contributing organization, if the parent organization, foundation, or affiliate has provided to the contributing organization within one year of the contribution any money, grants, property, or other thing of value;
(5) a contribution by a licensed organization to another licensed organization unless the board has specifically authorized the contribution. The board must authorize such a contribution when requested to do so by the contributing organization unless it makes an affirmative finding that the contribution will not be used by the recipient organization for one or more of the purposes in paragraph (a); or
(6) a contribution to a statutory or home rule charter city, county, or town by a licensed organization with the knowledge that the governmental unit intends to use the contribution for a pension or retirement fund.
Sec. 22. Minnesota Statutes 1994, section 349.162, subdivision 1, is amended to read:
Subdivision 1. [STAMP REQUIRED.] (a) A distributor may not sell, transfer, furnish, or otherwise provide to a person, and no person may purchase, borrow, accept, or acquire from a distributor gambling equipment for use within the state unless the equipment has been registered with the board and has a registration stamp affixed, except for gambling equipment not stamped by the manufacturer pursuant to section 349.163, subdivision 5 or 8. The board shall charge a fee of five cents for each stamp. Each stamp must bear a registration number assigned by the board. A distributor or manufacturer is entitled to a refund for unused registration stamps and replacement for registration stamps which are defective or canceled by the distributor or manufacturer.
(b) A manufacturer must return all unused registration stamps in its possession to the board by February 1, 1995. No manufacturer may possess unaffixed registration stamps after February 1, 1995.
(c) After February 1, 1996, no person may possess any unplayed pull-tab or tipboard deals with a registration stamp affixed to the flare or any unplayed paddleticket cards with a registration stamp affixed to the master flare. This paragraph does not apply to unplayed pull-tab or tipboard deals with a registration stamp affixed to the flare, or to unplayed paddleticket cards with a registration stamp affixed to the master flare, if the deals or cards are identified on a list of existing inventory submitted by a licensed organization or a licensed distributor, in a format prescribed by the commissioner of revenue, to the commissioner of revenue on or before February 1, 1996. Gambling equipment kept in violation of this paragraph is contraband under section 349.2125.
Sec. 23. Minnesota Statutes 1994, section 349.17, subdivision 1, is amended to read:
Subdivision 1. [BINGO OCCASIONS.] Not more than seven
ten bingo occasions each week may be conducted by an
organization. At least 15 bingo games must be held at each
occasion and a bingo occasion must continue for at least 1-1/2
hours but not more than four consecutive hours.
Sec. 24. Minnesota Statutes 1994, section 349.191, subdivision 1a, is amended to read:
Subd. 1a. [CREDIT AND SALES TO DELINQUENT ORGANIZATIONS.] (a)
If a distributor does not receive payment in full from an
organization within 30 35 days of the delivery of
gambling equipment, the distributor must notify the board in
writing of the delinquency.
(b) If a distributor who has notified the board under paragraph (a) has not received payment in full from the organization within 60 days of the notification under paragraph (a), the distributor must notify the board of the continuing delinquency.
(c) On receipt of a notice under paragraph (a), the board shall order all distributors that until further notice from the board, they may sell gambling equipment to the delinquent organizations only on a cash basis with no credit extended. On receipt of a notice under paragraph (b), the board shall order all distributors not to sell any gambling equipment to the delinquent organization.
(d) No distributor may extend credit or sell gambling equipment to an organization in violation of an order under paragraph (c) until the board has authorized such credit or sale.
Sec. 25. Minnesota Statutes 1994, section 349.211, subdivision 1, is amended to read:
Subdivision 1. [BINGO.] Except as provided in subdivision 2, prizes for a single bingo game may not exceed $100 except prizes for a cover-all game, which may exceed $100 if the aggregate value of all cover-all prizes in a bingo occasion does not exceed $1,000. Total prizes awarded at a bingo occasion may not exceed $2,500, unless a cover-all game is played in which case the limit is $3,500. A prize may be determined based on the value of the bingo packet sold to the player. For purposes of this subdivision, a cover-all game is one in which a player must cover all spaces except a single free space to win.
Sec. 26. [LEGISLATIVE INTENT.]
It is the intent of the legislature that the state request negotiations to amend or replace all tribal-state gaming compacts negotiated under the Indian Gaming Regulatory Act, Public Law Number 100-497, and Minnesota Statutes, section 3.9221.
Sec. 27. [GOVERNOR ACTION; RENEGOTIATION.]
The governor shall take all steps necessary to renegotiate all compacts previously negotiated with Indian tribes under the Indian Gaming Regulatory Act, Public Law Number 100-497, and Minnesota Statutes, section 3.9221.
Sec. 28. [REPEALER.]
Minnesota Statutes 1994, section 240.01, subdivisions 17, 20, and 21, are repealed.
Sec. 29. [EFFECTIVE DATE.]
Sections 1 to 28 are effective the day following final enactment."
Amend the title as follows:
Page 1, line 8, after the semicolon, insert "providing for the renegotiation of tribal-state gaming compacts;"
Page 1, line 12, after "1;" insert "299L.05;"
Page 1, line 14, after the first semicolon, insert "349.162, subdivision 1;"
We request adoption of this report and repassage of the bill.
House Conferees: John Dorn, Walter E. Perlt and Steve Dehler.
Senate Conferees: Charles A. Berg, Jerry R. Janezich and Thomas M. Neuville.
Dorn moved that the report of the Conference Committee on H. F. No. 265 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 265, A bill for an act relating to gambling; making technical amendments to eliminate references to teleracing facilities; regulating testing facilities for the testing of gambling devices; regulating bingo and lawful purpose expenditures, and credit and sales to delinquent organizations; providing for contributions to certain compulsive gambling programs; amending Minnesota Statutes 1994, sections 240.01, subdivisions 18 and 23; 240.10; 240.19; 240.23; 240.27, subdivisions 2, 3, 4, and 5; 299L.01, subdivision 1; 299L.03, subdivision 1; 299L.07, subdivisions 1, 2, 4, 5, 6, and by adding a subdivision; 349.12, subdivision 25, and by adding a subdivision; 349.17, subdivision 1; 349.191, subdivision 1a; and 349.211, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299L; repealing Minnesota Statutes 1994, section 240.01, subdivisions 17 and 21.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Solberg Anderson, R. Frerichs Koppendrayer Onnen Stanek Bakk Garcia Kraus Opatz Sviggum Bertram Girard Krinkie Orenstein Swenson, D. Bettermann Goodno Larsen Orfield Swenson, H. Bishop Greenfield Leighton Ostrom Sykora Boudreau Greiling Leppik Otremba Tomassoni Bradley Haas Lieder Ozment Tompkins Broecker Hackbarth Long Paulsen Trimble Brown Harder Lourey Pawlenty Tuma Carlson Hasskamp Luther Pellow Tunheim Carruthers Hausman Lynch Pelowski Van Dellen Clark Holsten Macklin Perlt Van Engen Commers Hugoson Mahon Peterson Vickerman Cooper Huntley Mares Pugh Wagenius Daggett Jaros Mariani Rest Warkentin Dauner Jefferson Marko Rhodes Weaver Davids Jennings McElroy Rice Wenzel Dehler Johnson, A. McGuire Rostberg Winter Delmont Johnson, R. Milbert Rukavina Wolf Dempsey Johnson, V. Molnau Sarna Worke Dorn Kalis Mulder Schumacher Sp.Anderson,I Entenza Kelley Munger Seagren Erhardt Kelso Murphy Simoneau Farrell Kinkel Ness SkoglundThose who voted in the negative were:
Anderson, B. Lindner Osskopp Wejcman Dawkins McCollum Osthoff Workman Knight Olson, M. SmithThe bill was repassed, as amended by Conference, and its title agreed to.
A bill for an act relating to the family; creating a presumption of refusal or neglect of parental duties in certain termination of parental rights cases; amending Minnesota Statutes 1994, section 260.221, subdivision 1.
May 19, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 628, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 628 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 260.221, subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile court may upon petition, terminate all rights of a parent to a child in the following cases:
(a) With the written consent of a parent who for good cause desires to terminate parental rights; or
(b) If it finds that one or more of the following conditions exist:
(1) That the parent has abandoned the child. Abandonment is presumed when:
(i) the parent has had no contact with the child on a regular basis and no demonstrated, consistent interest in the child's well-being for six months; and
(ii) the social service agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevented the parent from making contact with the child. This presumption does not apply to children whose custody has been determined under chapter 257 or 518. The court is not prohibited from finding abandonment in the absence of this presumption; or
(2) That the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and reasonable efforts by the social service agency have failed to correct the conditions that formed the basis of the petition; or
(3) That a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth; or
(4) That a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that:
(i) the child was adjudicated in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) within the three-year period immediately prior to that adjudication, the parent's parental rights to one or more other children were involuntarily terminated under clause (1), (2), (4), or (7) of this paragraph, or under clause (5) of this paragraph if the child was initially determined to be in need of protection or services due to circumstances described in section 260.015, subdivision 2a, clause (1), (2), (3), (5), or (8); or
(5) That following upon a determination of neglect or dependency, or of a child's need for protection or services, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination. It is presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child under the age of 12 has resided out of the
parental home under court order for more than one year following
an adjudication of dependency, neglect, need for protection or
services under section 260.015, subdivision 2a, clause (1), (2),
(3), (6), (8), or (9), or neglected and in foster care,
and an order for disposition under section 260.191, including
adoption of the case plan required by section 257.071;
(ii) conditions leading to the determination will not be corrected within the reasonably foreseeable future. It is presumed that conditions leading to a child's out-of-home placement will not be corrected in the reasonably foreseeable future upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan, and the conditions which led to the out-of-home placement have not been corrected; and
(iii) reasonable efforts have been made by the social service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year after a child has been placed out of the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required by a case plan to participate in a chemical dependency treatment program on or after July 1, 1990; or
(6) That the parent has been convicted of causing the death of another of the parent's children; or
(7) That in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and either the person has not filed a notice of intent to retain parental rights under section 259.51 or that the notice has been successfully challenged; or
(8) That the child is neglected and in foster care.
In an action involving an American Indian child, sections 257.35 to 257.3579 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws."
We request adoption of this report and repassage of the bill.
House Conferees: Dave Bishop, Thomas Pugh and Wesley J. "Wes" Skoglund.
Senate Conferees: Sheila M. Kiscaden, Harold R. "Skip" Finn and John C. Hottinger.
Bishop moved that the report of the Conference Committee on H. F. No. 628 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 628, A bill for an act relating to the family; creating a presumption of refusal or neglect of parental duties in certain termination of parental rights cases; amending Minnesota Statutes 1994, section 260.221, subdivision 1.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Knoblach Olson, E. Skoglund Anderson, B. Frerichs Koppendrayer Olson, M. Smith Anderson, R. Garcia Kraus Onnen SolbergThe bill was repassed, as amended by Conference, and its title agreed to.
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5417
Bakk Girard Krinkie Opatz Stanek Bertram Goodno Larsen Orenstein Sviggum Bettermann Greenfield Leighton Orfield Swenson, D. Bishop Greiling Leppik Osskopp Swenson, H. Boudreau Haas Lieder Osthoff Sykora Bradley Hackbarth Lindner Ostrom Tomassoni Broecker Harder Long Otremba Tompkins Brown Hasskamp Lourey Ozment Trimble Carlson Hausman Luther Paulsen Tuma Carruthers Holsten Lynch Pawlenty Tunheim Clark Hugoson Macklin Pellow Van Dellen Commers Huntley Mahon Pelowski Van Engen Cooper Jaros Mares Perlt Vickerman Daggett Jefferson Mariani Peterson Wagenius Dauner Jennings Marko Pugh Warkentin Davids Johnson, A. McCollum Rest Weaver Dawkins Johnson, R. McElroy Rhodes Wejcman Dehler Johnson, V. McGuire Rice Wenzel Delmont Kahn Milbert Rostberg Winter Dempsey Kalis Molnau Rukavina Wolf Dorn Kelley Mulder Sarna Worke Entenza Kelso Munger Schumacher Workman Erhardt Kinkel Murphy Seagren Sp.Anderson,I Farrell Knight Ness Simoneau
A bill for an act relating to retirement; providing various benefit increases and related modifications; requiring collateralization and investment authority statement; amending Minnesota Statutes 1994, sections 3A.02, subdivision 5; 124.916, subdivision 3; 136.90; 352.01, subdivision 13; 352B.01, subdivision 2; 352B.02, subdivision 1a; 352B.08, subdivision 2; 352B.10, subdivision 1; 353.65, subdivision 7; 353.651, subdivision 4; 354.445; 354.66, subdivision 4; 354A.094, subdivision 4; 354A.12, subdivisions 1, 2, and by adding a subdivision; 354A.27, subdivision 1, and by adding subdivisions; 354A.31, subdivision 4, and by adding subdivisions; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; 354B.08, subdivision 2; 356.219, subdivision 2; 356.30, subdivision 1; 356.611; 356A.06, by adding subdivisions; 422A.05, by adding a subdivision; 422A.09, subdivision 2; and 422A.101, subdivision 1a; Laws 1994, chapter 499, section 2; proposing coding for new law in Minnesota Statutes, chapters 125; and 356; repealing Minnesota Statutes 1994, sections 3A.10, subdivision 2; 352.021, subdivision 5; and 354A.27, subdivisions 2, 3, and 4; Laws 1971, chapter 127, section 1, as amended.
May 20, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 1040, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1040 be further amended as follows:
Delete everything after the enacting clause and insert:
Section 1. [125.615] [RETURN TO FULL-TIME WORK.]
A teacher with 20 or more years of allowable service credit under chapter 354 or 354A who was assigned to a part-time position under section 354.66 or 354A.094 after June 30, 1994, must be given the option of returning to full-time employment if the employer does not make the full employer contribution to the applicable pension fund under section 354.66, subdivision 4, or 354A.094, subdivision 4, after July 1, 1995. If an employer decides not to make the full employer contribution to the pension fund after July 1, 1995, it must notify any affected part-time teacher of this decision in writing within 30 days of the employer's decision. A teacher receiving this notice who wishes to return to work full time must notify the employer of intent to return to full-time employment within 30 days of receiving notice from the employer, and must return to full-time employment by the beginning of the next school year.
Sec. 2. [136F.45] [EMPLOYER-PAID HEALTH INSURANCE.]
(a) This section applies to a person who:
(1) retires from the state university system, the technical college system, or the community college system, or from a successor system employing state university, technical college, or community college faculty, with at least ten years of combined service credit in a system under the jurisdiction of the higher education board;
(2) was employed on a full-time basis immediately preceding retirement as a state university, technical college, or community college faculty member or as an unclassified administrator in one of those systems;
(3) begins drawing an annuity from the teachers retirement association or from a first class city teacher plan; and
(4) returns to work on not less than a one-third time basis and not more than a two-thirds time basis in the system from which the person retired under an agreement in which the person may not earn a salary of more than $35,000 in a calendar year from employment after retirement in the system from which the person retired.
(b) Initial participation, the amount of time worked, and the duration of participation under this section must be mutually agreed upon by the employer and the employee. The employer may require up to one-year notice of intent to participate in the program as a condition of participation under this section. The employer shall determine the time of year the employee shall work.
(c) For a person eligible under paragraphs (a) and (b), the employing board shall make the same employer contribution for hospital, medical, and dental benefits as would be made if the person were employed full time.
(d) For work under paragraph (a), a person must receive a percentage of the person's salary at the time of retirement that is equal to the percentage of time the person works compared to full-time work.
(e) If a collective bargaining agreement covering a person provides for an early retirement incentive that is based on age, the incentive provided to the person must be based on the person's age at the time employment under this section ends. However, the salary used to determine the amount of the incentive must be the salary that would have been paid if the person had been employed full time for the year immediately preceding the time employment under this section ends.
Sec. 3. Minnesota Statutes 1994, section 352.01, subdivision 13, is amended to read:
Subd. 13. [SALARY.] "Salary" means the periodical
wages, or other periodic compensation, paid to
any an employee before deductions for deferred
compensation, supplemental retirement plans, or other voluntary
salary reduction programs. It also means wages and includes
net income from fees. Lump sum sick leave payments,
severance payments, lump sum annual leave payments and overtime
payments made at the time of separation from state service,
payments in lieu of any employer-paid group insurance coverage,
including the difference between single and family rates that may
be paid to an employee with single coverage, and payments made as
an employer-paid fringe benefit and, workers'
compensation payments, employer contributions to a deferred
compensation or tax sheltered annuity program, and amounts
contributed under a benevolent vacation and sick leave donation
program are not salary.
Sec. 4. Minnesota Statutes 1994, section 354.445, is amended to read:
354.445 [NO ANNUITY REDUCTION.]
(a) The annuity reduction provisions of section 354.44, subdivision 5, do not apply to a person who:
(1) retires from the state university system, technical
college system, or the community college system, or from a
successor system employing state university, technical
college, or community college faculty, with at least ten
years of combined service credit in the system from
which the person retires a system under the jurisdiction
of the higher education board;
(2) was employed on a full-time basis immediately preceding retirement as a state university, technical college, or community college faculty member or as an unclassified administrator in one of these systems;
(3) begins drawing an annuity from the teachers retirement association; and
(4) returns to work on not less than a one-third time basis and not more than a two-thirds time basis in the system from which the person retired under an agreement in which the person may not earn a salary of more than $35,000 in a calendar year from employment after retirement in the system from which the person retired.
(b) Initial participation, the amount of time worked, and the duration of participation under this section must be mutually agreed upon by the employer and the employee. The employer may require up to one-year notice of intent to participate in the program as a condition of participation under this section. The employer shall determine the time of year the employee shall work.
(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a) and (b) may not earn further service credit in the teachers retirement association and is not eligible to participate in the individual retirement account plan or the supplemental retirement plan established in chapter 354B as a result of service under this section. No employer or employee contribution to any of these plans may be made on behalf of such a person.
(d) For a person eligible under paragraphs (a) and (b) who earns more than $35,000 in a calendar year from employment after retirement in the system from which the person retired, the annuity reduction provisions of section 354.44, subdivision 5, apply only to income over $35,000.
Sec. 5. Minnesota Statutes 1994, section 354.66, subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position under this section shall continue to make employee
contributions to and to accrue allowable service credit in the
retirement fund during the period of part-time employment on the
same basis and in the same amounts as would have been paid and
accrued if the teacher had been employed on a full-time basis
provided that, prior to June 30 each year, or within 30 days
after notification by the association of the amount due,
whichever is later, the member and the employing board make that
portion of the required employer contribution to the retirement
fund, in any proportion which they may agree upon, that is based
on the difference between the amount of compensation that would
have been paid if the teacher had been employed on a full-time
basis and the amount of compensation actually received by the
teacher for the services rendered in the part-time assignment.
The employing unit shall make that portion of the required
employer contributions to the retirement fund on behalf of the
teacher that is based on the amount of compensation actually
received by the teacher for the services rendered in the
part-time assignment in the manner described in section 354.43,
subdivision 3. If the teacher has 20 years or more of
allowable service in the fund or 20 years or more of full-time
teaching service, the employer shall make the full employer
contribution to the fund based on the compensation that would
have been paid if the teacher had been employed on a full-time
basis. The employee and employer contributions shall be
based upon the rates of contribution prescribed by section
354.42. Full accrual of allowable service credit and employee
contributions for part-time teaching service pursuant to this
section and section 354A.094 shall not continue for a period
longer than ten years.
Sec. 6. Minnesota Statutes 1994, section 354A.094, subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position under this section shall continue to make employee
contributions to and to accrue allowable service credit in the
applicable association during the period of part-time employment
on the same basis and in the same amounts as would have been paid
and accrued if the teacher had been employed on a full-time basis
provided that, prior to June 30 each year the member and the
employing board make that portion of the required employer
contribution to the applicable association in any proportion
which they may agree upon, that is based on the difference
between the amount of compensation that would have been paid if
the teacher had been employed on a full-time basis and the amount
of compensation actually received by the teacher for services
rendered in the part-time assignment. The employer contributions
to the applicable association on behalf of the teacher shall be
based on the amount of compensation actually received by the
teacher for the services rendered in the part-time assignment in
the manner described in section 354.43, subdivision 3. If the
teacher has 20 years or more of allowable service in the
association or 20 years or more of full-time teaching service,
the employer shall make the full employer contribution to the
fund, based on the compensation that would have been paid if the
teacher had been employed on a full-time basis. The employee
and employer contributions shall be based upon the rates of
contribution prescribed by section 354A.12. Full membership,
accrual of allowable service credit and employee contributions
for part-time teaching service by a teacher pursuant to this
section and section 354.66 shall not continue for a period longer
than ten years.
Sec. 7. Minnesota Statutes 1994, section 354A.31, is amended by adding a subdivision to read:
Subd. 3a. [NO ANNUITY REDUCTION.] (a) The annuity reduction provisions of subdivision 3 do not apply to a person who:
(1) retires from the technical college system with at least ten years of service credit in the system from which the person retires;
(2) was employed on a full-time basis immediately preceding retirement as a technical college faculty member;
(3) begins drawing an annuity from a first class city teachers retirement association; and
(4) returns to work on not less than a one-third time basis and not more than a two-thirds time basis in the technical college system under an agreement in which the person may not earn a salary of more than $35,000 in a calendar year from the technical college system.
(b) Initial participation, the amount of time worked, and the duration of participation under this section must be mutually agreed upon by the employer and the employee. The employer may require up to a one-year notice of intent to participate in the program as a condition of participation under this section. The employer shall determine the time of year the employee shall work.
(c) Notwithstanding any law to the contrary, a person eligible under paragraphs (a) and (b) may not earn further service credit in a first class city teachers retirement association and is not eligible to participate in the individual retirement account plan or the supplemental retirement plan established in chapter 354B as a result of service under this section. No employer or employee contribution to any of these plans may be made on behalf of such a person.
Sec. 8. Minnesota Statutes 1994, section 354B.05, subdivision 2, is amended to read:
Subd. 2. [PURCHASE OF CONTRACTS.] The state university
board and the community college higher education board
shall arrange for the purchase of annuity contracts, fixed,
variable, or a combination of fixed and variable, or custodial
accounts from financial institutions selected by the state board
of investment under subdivision 3, to provide retirement benefits
to members of the plan. The contracts or accounts must be
purchased with contributions under section 354B.04 or money or
assets otherwise provided by law or by authority of the state
university board or community college higher education
board and acceptable by the financial institutions from which the
contracts or accounts are purchased.
Sec. 9. Minnesota Statutes 1994, section 354B.05, subdivision 3, is amended to read:
Subd. 3. [SELECTION OF FINANCIAL INSTITUTIONS.] The supplemental investment fund administered by the state board of investment is one of the investment options for the plan. The state board of investment may select up to five other financial institutions to provide annuity products. In making their selections, the board shall consider at least these criteria:
(1) the experience and ability of the financial institution to provide retirement and death benefits suited to the needs of the covered employees;
(2) the relationship of the benefits to their cost; and
(3) the financial strength and stability of the institution.
The state board of investment must periodically review at least
every three years each financial institution selected by the
state board of investment. The state board of investment may
retain consulting services to assist in the periodic review, may
establish a budget for its costs in the periodic review process,
and may charge a proportional share of those costs to each
financial institution selected by the state board of investment.
All contracts must be approved by the state board of investment
before execution by the state university board and the
community college higher education board. The state
board of investment shall also establish policies and procedures
under section 11A.04, clause (2), to carry out this
subdivision.
The chancellor of the state university system and the
chancellor of the state community college higher
education system shall redeem all shares in the accounts of
the Minnesota supplemental investment fund held on behalf of
personnel in the supplemental plan who elect an investment option
other than the supplemental investment fund,
except that shares in the fixed interest account attributable to
any guaranteed investment contract as of July 1, 1994, must not
be redeemed until the expiration dates for the guaranteed
investment contracts. The chancellors chancellor
shall transfer the cash realized to the financial institutions
selected by the state university board and the community
college board under this section 354B.05.
Sec. 10. Minnesota Statutes 1994, section 354B.07, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT AND ELIGIBILITY.] (a) [REGULAR
UNCLASSIFIED EMPLOYEES.] The supplemental retirement plan for
personnel employed by the state university board, the state board
for community colleges, the higher education board, and
effective July 1, 1995, the technical colleges, who are in
the unclassified service of the state commencing July 1 following
the completion of the second year of their full-time contract is
governed by this section. Once a person qualifies for
participation in the supplemental plan, all subsequent service by
the person as an unclassified employee of the state university
board, the state board for community colleges, the higher
education board, or the technical colleges is covered by the
supplemental plan.
(b) [CETA UNCLASSIFIED EMPLOYEES.] An unclassified employee employed by the state university board or the state board for community colleges in subsidized on-the-job training, work experience, or public service employment as an enrollee under the federal Comprehensive Employment and Training Act is not included in the supplemental retirement plan provided for in this section after March 30, 1978, unless the unclassified employee has as of the later of March 30, 1978, or the date of employment sufficient service credit in the retirement fund providing primary retirement coverage to meet the minimum vesting requirements for a deferred retirement annuity, or the board agrees in writing to make the employer contribution required by this section on account of that unclassified employee from revenue sources other than funds provided under the federal Comprehensive Employment and Training Act, or the unclassified employee agrees in writing to make the employer contribution required by this section in addition to the member contribution.
Sec. 11. Minnesota Statutes 1994, section 354B.07, subdivision 2, is amended to read:
Subd. 2. [REDEMPTIONS.] The chancellor of the state
university system and the chancellor of the state community
college higher education system shall redeem all
shares in the accounts of the Minnesota supplemental investment
fund held on behalf of personnel in the supplemental plan who
elect an investment option other than the supplemental investment
fund, except that shares in the fixed interest account
attributable to any guaranteed investment contract as of July 1,
1994, may not be redeemed until the expiration dates for the
guaranteed investment contracts. The chancellors
chancellor shall transfer the cash realized to the
financial institutions selected by the state university board
and the community college board under section 354B.05.
Sec. 12. Minnesota Statutes 1994, section 354B.08, subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] (a) The chancellor of the state
university system and the chancellor of the state community
college higher education system shall administer the
supplemental retirement plan for their employees. The
chancellors chancellor shall invest contributions
made under this section, less amounts used for administrative
expenses, as authorized by law. The retirement contributions and
death benefits provided by annuity contracts or custodial
accounts purchased by the chancellors chancellor
are owned by the plan and must be paid in accordance with the
annuity contracts or custodial accounts.
(b) Effective July 1, 1995, administration of the plan must transfer to the higher education board.
Sec. 13. Minnesota Statutes 1994, section 356.30, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY; COMPUTATION OF ANNUITY.] (1) Notwithstanding any provisions to the contrary of the laws governing the funds enumerated in subdivision 3, a person who has met the qualifications of clause (2) may elect to receive a retirement annuity from each fund in which the person has at least six months allowable service, based on the allowable service in each fund, subject to the provisions of clause (3).
(2) A person may receive upon retirement a retirement annuity from each fund in which the person has at least six months allowable service, and augmentation of a deferred annuity calculated under the laws governing each public pension plan or fund named in subdivision 3, from the date the person terminated all public service if:
(a) the person has allowable service totaling an amount that allows the person to receive an annuity in any two or more of the enumerated funds; and
(b) the person has not begun to receive an annuity from any enumerated fund or the person has made application for benefits from all funds and the effective dates of the retirement annuity with each fund under which the person chooses to receive an annuity are within a one-year period.
(3) The retirement annuity from each fund must be based upon the allowable service in each fund, except that:
(a) The laws governing annuities must be the law in effect on the date of termination from the last period of public service under a covered fund with which the person earned a minimum of one-half year of allowable service credit during that employment.
(b) The "average salary" on which the annuity from each covered fund in which the employee has credit in a formula plan shall be based on the employee's highest five successive years of covered salary during the entire service in covered funds.
(c) The formula percentages to be used by each fund must be those percentages prescribed by each fund's formula as continued for the respective years of allowable service from one fund to the next, recognizing all previous allowable service with the other covered funds.
(d) Allowable service in all the funds must be combined in determining eligibility for and the application of each fund's provisions in respect to actuarial reduction in the annuity amount for retirement prior to normal retirement.
(e) The annuity amount payable for any allowable service under a nonformula plan of a covered fund must not be affected but such service and covered salary must be used in the above calculation.
(f) This section shall not apply to any person whose final termination from the last public service under a covered fund is prior to May 1, 1975.
(g) For the purpose of computing annuities under this section the formula percentages used by any covered fund, except the basic program of the teachers retirement association, the public employees police and fire fund, must not exceed 2-1/2 percent per year of service for any year of service or fraction thereof. The formula percentage used by the public employees police and fire fund must not exceed 2.65 percent per year of service for any year of service or fraction thereof. The formula percentage used by the teachers retirement association must not exceed 2.63 percent per year of basic program service for any year of basic program service or fraction thereof.
(h) Any period of time for which a person has credit in more than one of the covered funds must be used only once for the purpose of determining total allowable service.
(i) If the period of duplicated service credit is more than six months, or the person has credit for more than six months with each of the funds, each fund shall apply its formula to a prorated service credit for the period of duplicated service based on a fraction of the salary on which deductions were paid to that fund for the period divided by the total salary on which deductions were paid to all funds for the period.
(j) If the period of duplicated service credit is less than six months, or when added to other service credit with that fund is less than six months, the service credit must be ignored and a refund of contributions made to the person in accord with that fund's refund provisions.
Sec. 14. [356.305] [PARTIAL PAYMENT OF PENSION PLAN REFUND.]
(a) Notwithstanding any provision of law to the contrary, a member of a pension plan listed in section 356.30, subdivision 3, with at least two years of forfeited service taken from a single pension plan may repay a portion of all refunds. A partial refund repayment must comply with this section.
(b) The minimum portion of a refund repayment is one-third of the total service credit period of all refunds taken from a single plan.
(c) The cost of the partial refund repayment is the product of the cost of the total repayment multiplied by the ratio of the restored service credit to the total forfeited service credit. The total repayment amount includes interest at the annual rate of 8.5 percent, compounded annually, from the refund date to the date repayment is received.
(d) The restored service credit is allocated based on the relationship the restored service bears to the total service credit period for all refunds taken from a single pension plan.
(e) This section does not authorize a public pension plan member to repay a refund if the law governing the plan does not authorize the repayment of a refund of member contributions.
Sec. 15. Minnesota Statutes 1994, section 356.611, is amended to read:
356.611 [LIMITATION ON PUBLIC EMPLOYEE SALARIES FOR PENSION PURPOSES.]
Subdivision 1. [STATE SALARY LIMITATIONS.] (a)
Notwithstanding any provision of law, bylaws, articles or
of incorporation, retirement and disability allowance plan
agreements, or retirement plan contracts to the contrary, the
covered salary for pension purposes for a plan participant of a
covered retirement fund under section 356.30, subdivision 3, may
not exceed 95 percent of the salary established for the governor
under section 15A.082 at the time the person received the
salary.
(b) This section does not apply to a salary paid:
(1) to the governor;
(2) to an employee of a political subdivision in a position that is excluded from the limit as specified under section 43A.17, subdivision 9; or
(3) to a state employee in a position for which the commissioner of employee relations has approved a salary rate that exceeds 95 percent of the governor's salary.
(c) The limited covered salary determined under this section must be used in determining employee and employer contributions and in determining retirement annuities and other benefits under the respective covered retirement fund and under this chapter.
Subd. 2. [FEDERAL COMPENSATION LIMITS.] For members first contributing to a pension plan covered under section 356.30, subdivision 3, on or after July 1, 1995, compensation in excess of the limitation set forth in Internal Revenue Code 401(a)(17) shall not be included for contribution and benefit computation purposes. The compensation limit set forth in Internal Revenue Code 401(a)(17) on June 30, 1993, shall apply to members first contributing before July 1, 1995.
Sec. 16. [RETROACTIVE PROVISIONS.]
(a) A teacher who had at least three years of allowable service credit under Minnesota Statutes, chapter 354 or 354A, on July 1, 1994, and who worked part-time between July 1, 1994, and June 30, 1995, may be allowed to make contributions to and accrue allowable service credit in the applicable retirement fund, as if the teacher had been working full time, as provided in Minnesota Statutes, sections 354.66, subdivision 4, and 354A.094, subdivision 4, for service after July 1, 1994, and before June 30, 1995. If a teacher described in this paragraph wishes to obtain allowable service credit as if the teacher had been working full time for the period from July 1, 1994, to June 30, 1995, the teacher must:
(1) make a lump sum payment to the applicable pension fund within 60 days after the effective date of this section of the difference between the amount of the employer and employee contributions to the pension fund that would have been paid if the teacher had been working full time, and that amount that was actually paid for part-time service during that period; and
(2) submit to the association a letter or other document from the board of the teacher's employing district stating that the board would have agreed to the teacher's participation in the part-time mobility program during the 1994-1995 school year but for the requirement then in effect that the district make the full employer contribution to the retirement fund for teachers with 20 or more years of service, based on the compensation that would have been paid if the teacher had been employed on a full-time basis.
(b) An employer of a teacher covered by paragraph (a) must notify the teacher of the option available under paragraph (a) in writing within 30 days of the effective date of this section.
Sec. 17. [EARLY RETIREMENT INCENTIVE.]
The metropolitan council or the Minnesota historical society may offer its eligible employees the early retirement incentive provided in sections 17 to 25.
Sec. 18. [ELIGIBILITY.]
An employee of a public employer specified in section 17 is eligible to receive the early retirement incentive if the employee:
(1) has at least 25 years of combined service credit in any covered fund or funds listed in Minnesota Statutes, section 356.30, subdivision 3, or for purposes of the incentive in section 19, subdivision 2 only, is at least 65 years old and has at least one year of combined service credit in these covered funds;
(2) upon retirement is immediately eligible for a retirement annuity from a defined benefit plan, if the person is a member of a defined benefit plan;
(3) is at least 55 years of age; and
(4) retires on or after May 23, 1995, and before January 31, 1996.
Sec. 19. [EARLY RETIREMENT INCENTIVE.]
Subdivision 1. [CHOICE.] An eligible employee may not choose both the incentive in subdivision 2 and the incentive in subdivision 3. The public employers specified in section 17 that choose to offer the early retirement incentive must offer included employees eligible for both incentives a choice between the incentive in subdivision 2 or 3.
Subd. 2. [FORMULA INCREASE OPTION.] For an employee covered by a retirement plan established in Minnesota Statutes, section 352.115, 352.116, 353.29, or 353.30, or chapter 354 or 422A, who selects the incentive under this subdivision, the multiplier percentage used to calculate the retirement annuity must be increased for each year of service credit up to 30 years. The amount of the increase is:
(1) .25 for each year of service credit calculated under Minnesota Statutes, section 352.115, 352.116, 353.29, or 353.30, or chapter 422A; and
(2) .10 for each year of service credit calculated under Minnesota Statutes, chapter 354 or 354A.
If an employee has more than 30 years of service credit, the increased multiplier applies only to the first 30 years.
Subd. 3. [INSURANCE OPTION.] For an employee who selects the incentive under this subdivision, the employer must pay for hospital, medical, and dental insurance under the following conditions and limitations. An employee is eligible for this employer-paid insurance only if the person:
(1) is eligible for employer-paid insurance under a collective bargaining agreement or personnel plan in effect on the day before the effective date of sections 17 to 25;
(2) has at least as many months of service with the current employer as the number of months younger than age 65 the person is at the time of retirement; and
(3) is under age 65.
Sec. 20. [LIMIT ON REHIRING.]
A public employer may not rehire an employee who retires under sections 17 to 25.
Sec. 21. [RETIREMENT.]
For purposes of sections 17 to 25, an employee retires when the employee terminates active employment and applies for retirement benefits.
Sec. 22. [CONDITIONS; INSURANCE COVERAGE.]
A retired employee is eligible for single and dependent insurance coverages and employer payments to which the employee was entitled immediately before retirement, subject to any changes in coverage and employer and employee payments through collective bargaining or personnel plans for employees in positions equivalent to the position from which the employee retired. The retired employee is not eligible for employer-paid life insurance. Eligibility ceases when the retired employee attains the age of 65, chooses not to receive the retirement benefits for which the employee has applied, or becomes eligible for employer-paid health insurance from a new employer. Coverages must be coordinated with relevant health insurance benefits provided through the federally sponsored Medicare program.
Sec. 23. [INCLUSION.]
A public employer that offers incentives under sections 17 to 25 shall designate the positions or group of positions affected by downsizing or restructuring that will qualify for participation in its early retirement plan and may exclude otherwise eligible employees.
Sec. 24. [PAYMENT OF COST OF EARLY RETIREMENT INCENTIVE.]
(a) A public employer referenced in section 17 which offers an early retirement incentive under section 19 must make an additional employer contribution to the applicable retirement plan from which an employee retired under the incentive program.
(b) The additional employer contribution is an amount equal to the difference in the amount of the reserve transfer under Minnesota Statutes, section 11A.18, or 422A.06, subdivision 8, with the early retirement incentive under section 19, subdivision 2, and without the early retirement incentive. The additional employer contribution must be paid prior to July 1, 1997. The public employer shall also pay compound interest on the additional employer contribution at an annual rate of 8.5 percent from the effective date of the retirement to the date of the payment of the additional employer contribution.
Sec. 25. [APPLICATION OF OTHER LAWS.]
Unilateral implementation of sections 17 to 25 by a public employer is not an unfair labor practice for purposes of Minnesota Statutes, chapter 179A. The requirement in sections 17 to 25 for an employer to pay health insurance coverage costs for certain retired employees is not subject to the limits in Minnesota Statutes, section 179A.20, subdivision 2a.
Sec. 26. [REPEALER.]
Minnesota Statutes 1994, sections 3A.10, subdivision 2; and 352.021, subdivision 5, are repealed.
Sec. 27. [EFFECTIVE DATE.]
(a) Sections 1, 10, and 15 are effective on July 1, 1995.
(b) Sections 3 and 16 are effective on the day following final enactment.
(c) Sections 5, 6, and 7 are effective on July 1, 1995 and apply to teaching service rendered after that date.
(d) Section 13 is effective retroactively to May 16, 1994.
(e) Sections 17 to 25 are effective on the day after final enactment.
(f) Section 26 is effective on July 1, 1995 and is not intended to reduce the service credit of a legislator for service recorded by the Minnesota state retirement system before July 1, 1995.
(g) Section 14 is effective on January 1, 1996.
BENEFIT AND RELATED MODIFICATIONS
Section 1. Minnesota Statutes 1994, section 124.916, subdivision 3, is amended to read:
Subd. 3. [RETIREMENT LEVIES.] (1) In addition to the excess levy authorized in 1976 any district within a city of the first class which was authorized in 1975 to make a retirement levy under Minnesota Statutes 1974, section 275.127 and chapter 422A may levy an amount per pupil unit which is equal to the amount levied in 1975 payable 1976, under Minnesota Statutes 1974, section 275.127 and chapter 422A, divided by the number of pupil units in the district in 1976-1977.
(2) In 1979 and each year thereafter, any district which qualified in 1976 for an extra levy under clause (1) shall be allowed to levy the same amount as levied for retirement in 1978 under this clause reduced each year by ten percent of the difference between the amount levied for retirement in 1971 under Minnesota Statutes 1971, sections 275.127 and 422.01 to 422.54 and the amount levied for retirement in 1975 under Minnesota Statutes 1974, section 275.127 and chapter 422A.
(3) In 1991 and each year thereafter, a district to which this subdivision applies may levy an additional amount required for contributions to the Minneapolis employees retirement fund as a result of the maximum dollar amount limitation on state contributions to the fund imposed under section 422A.101, subdivision 3. The additional levy shall not exceed the most recent amount certified by the board of the Minneapolis employees retirement fund as the district's share of the contribution requirement in excess of the maximum state contribution under section 422A.101, subdivision 3.
(4) For taxes payable in 1994 and thereafter, special school district No. 1, Minneapolis, and independent school district No. 625, St. Paul, may levy for the increase in the employer retirement fund contributions, under Laws 1992, chapter 598, article 5, section 1. Notwithstanding section 121.904, the entire amount of this levy may be recognized as revenue for the fiscal year in which the levy is certified. This levy shall not be considered in computing the aid reduction under section 124.155.
(5) If the employer retirement fund contributions under section 354A.12, subdivision 2a, are increased for fiscal year 1994 or later fiscal years, special school district No. 1, Minneapolis, and independent school district No. 625, St. Paul, may levy in payable 1994 or later an amount equal to the amount derived by applying the net increase in the employer retirement fund contribution rate of the respective teacher retirement fund association between fiscal year 1993 and the fiscal year beginning in the year after the levy is certified to the total covered payroll of the applicable teacher retirement fund association. Notwithstanding section 121.904, the entire amount of this levy may be recognized as revenue for the fiscal year in which the levy is certified. This levy shall not be considered in computing the aid reduction under section 124.155. If an applicable school district levies under this paragraph, they may not levy under paragraph (4).
(6) In addition to the levy authorized under paragraph (5),
special school district No. 1, Minneapolis, may also levy
payable in 1996 or later an amount equal to the supplemental
contributions under section 354A.12, subdivision 2c, and may
also levy in payable 1994 or later an amount equal to the state
aid contribution under section 354A.12, subdivision 3b.
Notwithstanding section 121.904, the entire amount of this
levy these levies may be recognized as revenue for the
fiscal year in which the levy is certified. This levy
These levies shall not be considered in computing the aid
reduction under section 124.155.
Sec. 2. [354A.026] [DULUTH TEACHERS RETIREMENT FUND ASSOCIATION; EXCEPTION TO CERTAIN ACTUARIAL VALUATION PROVISIONS.]
Notwithstanding any provision of section 356.215, subdivision 4g, to the contrary, the amortization target date for use in determining the amortization contribution requirement in any actuarial valuation of the Duluth teachers retirement fund association after the date of enactment must be June 30, 2020.
Sec. 3. Minnesota Statutes 1994, section 354A.12, subdivision 1, is amended to read:
Subdivision 1. [EMPLOYEE CONTRIBUTIONS.] The contribution required to be paid by each member of a teachers retirement fund association shall not be less than the percentage of total salary specified below for the applicable association and program:
Association and Program Percentage of Total Salary
Duluth teachers retirement association
old law and new law coordinated programs4.5 5.5 percent
Minneapolis teachers retirement association
basic program 8.5 percent
coordinated program 4.5 percent
St. Paul teachers retirement association
basic program 8 percent
coordinated program 4.5 percent
Contributions shall be made by deduction from salary and must be remitted directly to the respective teachers retirement fund association at least once each month.
Sec. 4. Minnesota Statutes 1994, section 354A.12, subdivision 2, is amended to read:
Subd. 2. [RETIREMENT CONTRIBUTION LEVY DISALLOWED.] Except as
provided in subdivision subdivisions 2c and 3b,
paragraph (d), with respect to the city of Minneapolis and
special school district No. 1, notwithstanding any law to the
contrary, levies for teachers retirement fund associations in
cities of the first class, including levies for any employer
social security taxes for teachers covered by the Duluth teachers
retirement fund association or the Minneapolis teachers
retirement fund association or the St. Paul teachers retirement
fund association, are disallowed.
Sec. 5. Minnesota Statutes 1994, section 354A.12, is amended by adding a subdivision to read:
Subd. 2c. [SCHOOL DISTRICT SUPPLEMENTAL CONTRIBUTIONS TO MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Beginning in fiscal year 1996, and annually thereafter, special school district No. 1 shall pay supplemental contributions in the following amounts to the Minneapolis teachers retirement fund association to reduce the unfunded actuarial accrued liability of the Minneapolis teachers retirement fund association according to the actuarial valuation of the fund prepared by the commission-retained actuary pursuant to section 356.215:
(1) an amount equal to the difference between the total 1995 financial requirements and the total current year financial requirements of the Minneapolis employees retirement fund payable by the city of Minneapolis pursuant to section 422A.101, subdivision 1a. The amount payable shall be determined according to the most recent actuarial valuation of the Minneapolis employees retirement fund prepared by the actuary retained by the legislative commission on pensions and retirement; and
(2) an amount equal to the difference between the total 1995 employer contributions and the total current year employer contributions payable under section 422A.101, subdivision 2, paragraph (c), on behalf of employees of special school district No. 1 who are covered by the Minneapolis employees retirement fund. The amount payable shall be determined according to the most recent actuarial valuation of the Minneapolis employees retirement fund prepared by the actuary retained by the legislative commission on pensions and retirement.
(b) Special school district No. 1 may levy for supplemental contributions to the Minneapolis teachers retirement fund association under this subdivision only to the extent permitted pursuant to section 124.916, subdivision 3.
Sec. 6. Minnesota Statutes 1994, section 354A.12, subdivision 3b, is amended to read:
Subd. 3b. [SPECIAL DIRECT STATE MATCHING AND
STATE AID TO THE MINNEAPOLIS TEACHERS RETIREMENT FUND
ASSOCIATION.] (a) Special school district No. 1 may make an
additional employer contribution to the Minneapolis teachers
retirement fund association. The city of Minneapolis may make a
contribution to the Minneapolis teachers retirement fund
association. This contribution may be made by a levy of the
board of estimate and taxation of the city of Minneapolis, and
the levy, if made, is classified as that of a special taxing
district for purposes of sections 275.065 and 276.04, and for all
other property tax purposes.
(b) For every $1,000 contributed in equal proportion by special school district No. 1 and by the city of Minneapolis to the Minneapolis teachers retirement fund association under paragraph (a), the state shall pay to the Minneapolis teachers retirement fund association $1,000, but not to exceed $2,500,000 in total in fiscal year 1994. The total amount available for each subsequent fiscal year must be increased at the same rate as the increase in the general education revenue formula allowance under section 124A.22, subdivision 2, in subsequent fiscal years. The superintendent of special school district No. 1, the mayor of the city of Minneapolis, and the executive director of the Minneapolis teachers retirement fund association shall jointly certify to the commissioner of finance the total amount that has been contributed by special school district No. 1 and by the city of Minneapolis to the Minneapolis teachers retirement fund association. Any certification to the commissioner of education must be made quarterly. If the total certifications for a fiscal year exceed the maximum annual direct state matching aid amount in any quarter, the amount of direct state matching aid payable to the Minneapolis teachers retirement fund association must be limited to the balance of the maximum annual direct state matching aid amount available. The amount required under this paragraph, subject to the maximum direct state matching aid amount, is appropriated annually to the commissioner of finance.
(c) The commissioner of finance may prescribe the form of the certifications required under paragraph (b).
(d) In addition to the direct matching aid payable under paragraph (b), the state shall pay direct state aid to the Minneapolis teachers retirement fund association annually an amount equal to the difference between $11,005,000 and the state contribution to the Minneapolis employees retirement fund under sections 356.865 and 422A.101, subdivision 3, for the current fiscal year. Payments under this paragraph must be made in four equal installments on March 15, July 15, September 15, and November 15 annually.
Sec. 7. Minnesota Statutes 1994, section 354A.12, subdivision 3c, is amended to read:
Subd. 3c. [TERMINATION OF SUPPLEMENTAL CONTRIBUTIONS
AND DIRECT STATE MATCHING AND STATE AID.] (a)
The supplemental contributions payable to the Minneapolis
teachers retirement fund association by special school district
No. 1 under subdivision 2c, the direct state aid under
subdivision 3a to the St. Paul teachers retirement
association, and the direct matching and state aid
under subdivision 3b to the Minneapolis teachers retirement fund
association terminates for the respective fund at the end of the
fiscal year in which the accrued liability funding ratio for that
fund, as determined in the most recent actuarial report for that
fund by the actuary retained by the legislative commission on
pensions and retirement, equals or exceeds the accrued liability
funding ratio for the teachers retirement association, as
determined in the most recent actuarial report for the teachers
retirement association by the actuary retained by the legislative
commission on pensions and retirement.
(b) If the direct matching or state aid is terminated for the St. Paul teachers retirement fund association or the Minneapolis teachers retirement fund association under paragraph (a), it may not again be received by that fund.
Sec. 8. Minnesota Statutes 1994, section 354A.27, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY POSTRETIREMENT
ADJUSTMENT MODIFICATION.] A person receiving a retirement
annuity, disability benefit, or surviving spouse benefit or
annuity from the Duluth teachers retirement fund association who
has received the annuity or benefit for at least one year may be
entitled to receive a lump sum postretirement adjustment under
subdivision 2, in the discretion of the board of trustees under
subdivision 3. Any postretirement adjustment payable from
the Duluth teachers retirement fund association must be computed
and paid according to this section.
Sec. 9. Minnesota Statutes 1994, section 354A.27, is amended by adding a subdivision to read:
Subd. 5. [CALCULATION OF POSTRETIREMENT ADJUSTMENTS.] (a) Annually, after June 30, the board of trustees determines the amount of any postretirement adjustment using the procedures in this subdivision and subdivision 6.
(b) Each person who has been receiving an annuity or benefit under the articles of incorporation, bylaws, or under this section for at least 12 months as of the date of the postretirement adjustment shall be eligible for a postretirement adjustment. The postretirement adjustment shall be payable each January 1. The postretirement adjustment shall be equal to two percent of the annuity or benefit to which the person is entitled one month prior to the payment of the postretirement adjustment.
Sec. 10. Minnesota Statutes 1994, section 354A.27, is amended by adding a subdivision to read:
Subd. 6. [ADDITIONAL INCREASE.] (a) In addition to the postretirement increases granted under subdivision 5, an additional percentage increase must be computed and paid under this subdivision.
(b) The board of trustees shall determine the number of annuitants or benefit recipients who have been receiving an annuity or benefit for at least 12 months as of the current June 30. These recipients are entitled to receive the surplus investment earnings additional postretirement increase.
(c) Annually, as of each June 30, the board shall determine the five-year annualized rate of return attributable to the assets of the Duluth teachers retirement fund association under the formula or formulas specified in section 11A.04, clause (11).
(d) The board shall determine the amount of excess five-year annualized rate of return over the preretirement interest assumption as specified in section 356.215.
(e) The additional percentage increase must be determined by multiplying the quantity one minus the rate of contribution deficiency, as specified in the most recent actuarial report of the actuary retained by the legislative commission on pensions and retirement, times the rate of return excess as determined in paragraph (d).
(f) The additional increase is payable to all eligible annuitants or benefit recipients on the following January 1.
Sec. 11. [354A.281] [MODIFICATION OF MINNEAPOLIS TEACHERS RETIREMENT FUND ADJUSTMENT.]
The additional percentage increase determined under section 354A.28, subdivision 9, must be reduced by multiplying the percentage increase determined under that subdivision by the accrued liability funding ratio as determined in the actuarial report of the actuary retained by the legislative commission on pensions and retirement for the previous July 1.
Sec. 12. Minnesota Statutes 1994, section 354A.31, subdivision 4, is amended to read:
Subd. 4. [COMPUTATION OF THE NORMAL COORDINATED RETIREMENT ANNUITY; MINNEAPOLIS AND ST. PAUL FUNDS.] (a) This subdivision applies to the coordinated programs of the Minneapolis teachers retirement fund association and the St. Paul teachers retirement fund association.
(b) The normal coordinated retirement annuity shall be an amount equal to a retiring coordinated member's average salary multiplied by the retirement annuity formula percentage. Average salary for purposes of this section shall mean an amount equal to the average salary upon which contributions were made for the highest five successive years of service credit, but which shall not in any event include any more than the equivalent of 60 monthly salary payments. Average salary must be based upon all years of service credit if this service credit is less than five years.
(b) (c) This paragraph, in conjunction with
subdivision 6, applies to a person who first became a member or a
member in a pension fund listed in section 356.30, subdivision 3,
before July 1, 1989, unless paragraph (c) (d), in
conjunction with subdivision 7, produces a higher annuity amount,
in which case paragraph (c) (d) will apply. The
retirement annuity formula percentage for purposes of this
paragraph is one percent per year for each year of coordinated
service for the first ten years and 1.5 percent for each year of
coordinated service thereafter.
(c) (d) This paragraph applies to a person who
has become at least 55 years old and who first becomes a member
after June 30, 1989, and to any other member who has become at
least 55 years old and whose annuity amount, when calculated
under this paragraph and in conjunction with subdivision 7 is
higher than it is when calculated under paragraph (b)
(c), in conjunction with the provisions of subdivision 6.
The retirement annuity formula percentage for purposes of this
paragraph is 1.5 percent for each year of coordinated service.
Sec. 13. Minnesota Statutes 1994, section 354A.31, is amended by adding a subdivision to read:
Subd. 4a. [COMPUTATION OF THE NORMAL COORDINATED RETIREMENT ANNUITY; DULUTH FUND.] (a) This subdivision applies to the new law coordinated program of the Duluth teachers retirement fund association.
(b) The normal coordinated retirement annuity is an amount equal to a retiring coordinated member's average salary multiplied by the retirement annuity formula percentage. Average salary for purposes of this section means an amount equal to the average salary upon which contributions were made for the highest five successive years of service credit, but may not in any event include any more than the equivalent of 60 monthly salary payments. Average salary must be based upon all years of service credit if this service credit is less than five years.
(c) This paragraph, in conjunction with subdivision 6, applies to a person who first became a member or a member in a pension fund listed in section 356.30, subdivision 3, before July 1, 1989, unless paragraph (d), in conjunction with subdivision 7, produces a higher annuity amount, in which case paragraph (d) applies. The retirement annuity formula percentage for purposes of this paragraph is 1.13 percent per year for each year of coordinated service for the first ten years and 1.63 percent for each subsequent year of coordinated service.
(d) This paragraph applies to a person who is at least 55 years old and who first becomes a member after June 30, 1989, and to any other member who is at least 55 years old and whose annuity amount, when calculated under this paragraph and in conjunction with subdivision 7, is higher than it is when calculated under paragraph (c) in conjunction with subdivision 6. The retirement annuity formula percentage for purposes of this paragraph is 1.63 percent for each year of coordinated service.
Sec. 14. Minnesota Statutes 1994, section 356.865, subdivision 3, is amended to read:
Subd. 3. [COST.] The cost of the payments made under this
section is the responsibility of the state. The annual
amortization amount must For state fiscal years 1992 to
2001 inclusive, there is appropriated annually $550,000 from the
general fund to the commissioner of finance to be added,
in quarterly installments, to the annual state contribution
amount determined under section 422A.101, subdivision 3,
effective July 1, 1991.
Sec. 15. Minnesota Statutes 1994, section 422A.05, is amended by adding a subdivision to read:
Subd. 8. [HEALTH INSURANCE.] The retirement board may authorize the executive director or the executive director's designee to:
(1) offer the beneficiaries of the fund the option of having their health insurance premiums deducted automatically from their monthly benefit amounts and paid to a designated insurer; and
(2) provide beneficiaries information about available group health insurance plan options.
Beneficiaries who elect to avail themselves of this service are ultimately responsible for the timely payment of premiums and the payment of premiums in the proper amount.
Sec. 16. Minnesota Statutes 1994, section 422A.09, subdivision 2, is amended to read:
Subd. 2. The contributing class shall consist of all employees not included in the exempt class, who become prospective beneficiaries of the fund created by sections 422A.01 to 422A.25.
A member of the contributing class who is granted a leave of
absence without pay by the member's employer to serve as an
employee or agent of a labor union primarily representing
members of the contributing class may continue as a member of the
contributing class during the period of such leave of absence by
depositing each month with the fund the amount of the
contribution of the employee as required by sections 422A.01 to
422A.25 which amount shall be the normal employee
contribution.
The contributions referred to in this subdivision shall be based on the salary for the position or its equivalent held by the member immediately prior to such leave of absence subject to any adjustment thereof during the period of such leave.
Sec. 17. Minnesota Statutes 1994, section 422A.101, subdivision 1a, is amended to read:
Subd. 1a. [CITY CONTRIBUTIONS.] Prior to August 31 of each year, the retirement board shall prepare an itemized statement of the financial requirements of the fund payable by the city for the succeeding fiscal year, and a copy of the statement shall be submitted to the board of estimate and taxation and to the city council by September 15. The financial requirements of the fund payable by the city shall be calculated as follows:
(a) a regular employer contribution of an amount equal to the percentage rounded to the nearest two decimal places of the salaries and wages of all employees covered by the retirement fund which equals the difference between the level normal cost plus administrative cost as reported in the annual actuarial valuation prepared by the commission-retained actuary and the employee contributions provided for in section 422A.10 less any amounts contributed toward the payment of the balance of the normal cost not paid by employee contributions by any city owned public utility, improvement project, other municipal activities supported in whole or in part by revenues other than real estate taxes, any public corporation, any employing unit of metropolitan government, or by special school district No. 1 pursuant to subdivision 2;
(b) an additional employer contribution of an amount equal to the percent specified in section 353.27, subdivision 3a, clause (a), multiplied by the salaries and wages of all employees covered by the retirement fund less any amounts contributed toward amortization of the unfunded actuarial accrued liability by June 30, 2020, attributable to their respective covered employees by any city owned public utility, improvement project, other municipal activities supported in whole or in part by revenues other than real estate taxes, any public corporation, any employing unit of metropolitan government, or by special school district No. 1 pursuant to subdivision 2; and
(c) a proportional share of an additional employer amortization contribution of an amount equal to $3,900,000 annually until June 30, 2020, based upon the share of the fund's unfunded actuarial accrued liability attributed to the city as disclosed in the annual actuarial valuation prepared by the commission-retained actuary.
The city council shall, in addition to other taxes levied by
the city, annually levy a tax equal to the amount of the
financial requirements of the fund which are payable by the city
for fiscal year 1995. The tax, when levied, shall be
extended upon the county lists and shall be collected and
enforced in the same manner as other taxes levied by the city.
If the city does not levy a tax sufficient to meet the
requirements of this subdivision, the retirement board shall
submit the tax levy statement directly to the county auditor, who
shall levy the tax. The tax, when levied, shall be extended upon
the county lists and shall be collected and paid into the city
treasury to the credit of the retirement fund. Any amount to
the credit of the retirement fund, and shall
constitute a special fund and shall to be used only
for the payment of obligations authorized pursuant to section
354A.12, subdivision 2c, and this chapter. In 1996 and
succeeding years, the amount of such special fund equal to the
annual financial requirements of the fund which are payable by
the city under this subdivision shall be credited to the
retirement fund and the excess shall be paid to special school
district No. 1.
Sec. 18. [INITIAL ADJUSTMENT.]
Subdivision 1. [LUMP-SUM POSTRETIREMENT ADJUSTMENT TRANSITION.] For all annuitants and beneficiaries of the association who previously received a lump-sum postretirement adjustment, before calculation of the first postretirement adjustment under sections 5 and 6, their annual retirement annuity or benefit shall be permanently increased by the amount of their previous lump-sum postretirement adjustment.
Subd. 2. [ANNUITIZED POSTRETIREMENT ADJUSTMENT TRANSITION.] For all annuitants and beneficiaries of the association who chose to annuitize previous lump-sum postretirement adjustments, before calculation of the first postretirement adjustment under sections 5 and 6, their annual retirement annuity or benefit shall include the benefits supported by the accumulated annuitized value due to annuitizing their previous lump-sum postretirement adjustments.
Sec. 19. [DULUTH OLD PLAN BYLAWS; AUTHORITY GRANTED TO INCREASE FORMULAS.]
In accordance with Minnesota Statutes, section 354A.12, subdivision 4, approval is granted for the Duluth teachers retirement fund association to amend its articles of incorporation or bylaws by increasing the formula percentage used in computing annuities for old law coordinated program members in the Duluth teachers retirement fund association to 1.38 percent for each year of service.
Sec. 20. [DULUTH OLD PLAN BYLAWS.]
In accordance with Minnesota Statutes, section 354A.12, subdivision 4, the Duluth teachers retirement fund association shall amend its articles of incorporation or bylaws to conform to sections 3, 8, 9, 10, and 18.
Sec. 21. [REPEALER.]
Minnesota Statutes 1994, section 354A.27, subdivisions 2, 3, and 4, are repealed.
Sec. 22. [EFFECTIVE DATE.]
(a) Sections 1, 4, 5, 6, 7, and 17 are effective upon approval of all of these sections by both the Minneapolis city council and the board of special school district No. 1, and upon compliance with Minnesota Statutes, section 645.021, subdivision 3, by both groups.
(b) Section 3 is effective on the first day of the first payroll period beginning after July 1, 1995.
(c) Sections 8, 9, 10, 18, 20, and 21 are effective November 1, 1995.
(d) Sections 2, 12, 13, and 19 are effective May 15, 1995.
(e) Sections 15 and 16 are effective on the day following final enactment.
(f) Section 14 is effective on the day following final enactment.
BENEFIT AND RELATED MODIFICATIONS
Section 1. Minnesota Statutes 1994, section 352B.02, subdivision 1a, is amended to read:
Subd. 1a. [MEMBER CONTRIBUTIONS.] Each member shall pay a sum
equal to 8.5 8.92 percent of the member's salary,
which shall constitute the member contribution to the fund.
Sec. 2. Minnesota Statutes 1994, section 352B.08, subdivision 2, is amended to read:
Subd. 2. [NORMAL RETIREMENT ANNUITY.] The annuity must be paid
in monthly installments. The annuity shall be equal to the
amount determined by multiplying the average monthly salary of
the member by 2-1/2 2.65 percent for each year and
pro rata for completed months of service.
Sec. 3. Minnesota Statutes 1994, section 352B.10, subdivision 1, is amended to read:
Subdivision 1. [INJURIES, PAYMENT AMOUNTS.] Any member who
becomes disabled and physically or mentally unfit to perform
duties as a direct result of an injury, sickness, or other
disability incurred in or arising out of any act of duty, shall
receive disability benefits while disabled. The benefits must be
paid in monthly installments equal to the member's average
monthly salary multiplied by 50 53 percent, plus an
additional 2-1/2 2.65 percent for each year and pro
rata for completed months of service in excess of 20 years, if
any.
Sec. 4. Minnesota Statutes 1994, section 353.651, subdivision 4, is amended to read:
Subd. 4. [EARLY RETIREMENT.] Any police officer or firefighter
member who has become at least 50 years old and who has at least
three years of allowable service is entitled upon application to
a retirement annuity equal to the normal annuity calculated under
subdivision 3, reduced so that the reduced annuity is the
actuarial equivalent of the annuity that would be payable to the
member if the member deferred receipt of the annuity from the day
the annuity begins to accrue until the member attains age 55
by two-tenths of one percent for each month that the member is
under age 55 at the time of retirement.
Sec. 5. Minnesota Statutes 1994, section 353A.083, is amended to read:
353A.083 [PERA-P&F BENEFIT PLAN APPLICABLE TO PRE-1993 CONSOLIDATIONS.]
Subdivision 1. [PRE-1993 CONSOLIDATIONS.] For any consolidation account in effect on May 24, 1993, the public employee police and fire fund benefit plan applicable to consolidation account members who have elected or will elect that benefit plan coverage under section 353A.08 is the pre-July 1, 1993, public employees police and fire fund benefit plan unless the applicable municipality approves the extension of the post-June 30, 1993, public employees police and fire fund benefit plan to the consolidation account.
Subd. 2. [PRE-1995 CONSOLIDATIONS.] For any consolidation account in effect on July 1, 1995, the public employee police and fire fund benefit plan applicable to consolidation account members who have elected or will elect that benefit plan coverage under section 353A.08 is the pre-July 1, 1995, public employees police and fire fund benefit plan unless the applicable municipality approves the extension of the post-June 30, 1995, public employees police and fire fund benefit plan to the consolidation account.
Sec. 6. Minnesota Statutes 1994, section 356.30, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY; COMPUTATION OF ANNUITY.] (1) Notwithstanding any provisions to the contrary of the laws governing the funds enumerated in subdivision 3, a person who has met the qualifications of clause (2) may elect to receive a retirement annuity from each fund in which the person has at least six months allowable service, based on the allowable service in each fund, subject to the provisions of clause (3).
(2) A person may receive upon retirement a retirement annuity from each fund in which the person has at least six months allowable service, and augmentation of a deferred annuity calculated under the laws governing each public pension plan or fund named in subdivision 3, from the date the person terminated all public service if:
(a) the person has allowable service totaling an amount that allows the person to receive an annuity in any two or more of the enumerated funds; and
(b) the person has not begun to receive an annuity from any enumerated fund or the person has made application for benefits from all funds and the effective dates of the retirement annuity with each fund under which the person chooses to receive an annuity are within a one-year period.
(3) The retirement annuity from each fund must be based upon the allowable service in each fund, except that:
(a) The laws governing annuities must be the law in effect on the date of termination from the last period of public service under a covered fund with which the person earned a minimum of one-half year of allowable service credit during that employment.
(b) The "average salary" on which the annuity from each covered fund in which the employee has credit in a formula plan shall be based on the employee's highest five successive years of covered salary during the entire service in covered funds.
(c) The formula percentages to be used by each fund must be those percentages prescribed by each fund's formula as continued for the respective years of allowable service from one fund to the next, recognizing all previous allowable service with the other covered funds.
(d) Allowable service in all the funds must be combined in determining eligibility for and the application of each fund's provisions in respect to actuarial reduction in the annuity amount for retirement prior to normal retirement.
(e) The annuity amount payable for any allowable service under a nonformula plan of a covered fund must not be affected but such service and covered salary must be used in the above calculation.
(f) This section shall not apply to any person whose final termination from the last public service under a covered fund is prior to May 1, 1975.
(g) For the purpose of computing annuities under this section the formula percentages used by any covered fund, except the public employees police and fire fund and the state patrol retirement fund, must not exceed 2-1/2 percent per year of service for any year of service or fraction thereof. The formula percentage used by the public employees police and fire fund and the state patrol retirement fund must not exceed 2.65 percent per year of service for any year of service or fraction thereof.
(h) Any period of time for which a person has credit in more than one of the covered funds must be used only once for the purpose of determining total allowable service.
(i) If the period of duplicated service credit is more than six months, or the person has credit for more than six months with each of the funds, each fund shall apply its formula to a prorated service credit for the period of duplicated service based on a fraction of the salary on which deductions were paid to that fund for the period divided by the total salary on which deductions were paid to all funds for the period.
(j) If the period of duplicated service credit is less than six months, or when added to other service credit with that fund is less than six months, the service credit must be ignored and a refund of contributions made to the person in accord with that fund's refund provisions.
Sec. 7. Laws 1994, chapter 499, section 2, is amended to read:
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective on the first of the month next following:
(1) receipt of an affirmative written determination from the
Secretary of the federal Department of Health and Human
Services Social Security Administration of
ineligibility for coverage under the federal old age, survivors,
and disability insurance; and
(2) approval by the Hennepin county board and compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, except that, for section 1 to be deemed approved, a certificate of approval must be filed within the year following receipt of the written affirmative determination from the Social Security Administration, or before January 1, 1998, whichever is earlier.
Sec. 8. [REPEALER; WILLMAR VOLUNTEER FIRE DISABILITY PROVISION.]
Laws 1971, chapter 127, section 1, as amended by Laws 1979, chapter 201, section 28, is repealed.
Sec. 9. [EFFECTIVE DATE.]
(a) Section 1 is effective on the first day of the first full pay period occurring after July 1, 1995.
(b) Sections 2, 3, and 6 are effective on July 1, 1995.
(c) Section 7 is effective on the day following final enactment.
(d) Sections 4 and 5 are effective on July 1, 1996.
(e) Section 8 is effective on the day following approval by the city council of the city of Willmar and compliance with Minnesota Statutes, section 645.021.
Section 1. Minnesota Statutes 1994, section 353.65, subdivision 7, is amended to read:
Subd. 7. [EXCESS CONTRIBUTIONS HOLDING ACCOUNT.] (a) The excess contributions holding account is established in the public employees retirement association. Excess contributions established by section 69.031, subdivision 5, paragraphs (2), clauses (b) and (c), and (3) must be deposited in the account. These contributions and all investment earnings associated with them must be regularly transferred as provided in paragraph (b).
(b) From the amount of the excess contributions and associated investment earnings:
(1) $1,000,000 must be transferred annually to the ambulance service personnel longevity award and incentive suspense account established by section 144C.03, subdivision 2; and
(2) any remaining balance, after deduction of the additional amortization aid allocation, if any, under paragraph (d), must be transferred to the general fund.
(c) If a law is enacted creating a police officer stress
reduction program, and money is appropriated for the program, an
amount equal to the appropriation must be transferred from the
excess contributions holding account to the stress reduction
program before money is transferred to the general fund
allocated under paragraph (b), clause (2).
(d) On October 1, 1997, and annually on each October 1 thereafter, one-half of the money in the excess contributions holding account under paragraph (b), clause (2), collected during the immediately preceding July 1 through June 30 period must be allocated by the commissioner of revenue to all local police or salaried firefighter relief associations governed by and in full compliance with section 69.77 that had an unfunded actuarial accrued liability in the actuarial valuation prepared under sections 356.215 and 356.216 as of the preceding December 31, and to all local police or salaried firefighter consolidation accounts governed by chapter 353A that are certified by the executive director of the public employees retirement association as having for the current fiscal year an additional municipal contribution amount under section 353A.09, subdivision 5, paragraph (b), and that have implemented Minnesota Statutes 1994, section 353A.083, if the effective date of the consolidation preceded May 24, 1993, and that have implemented section 5, if the effective date of the consolidation preceded the date of enactment, on the basis of the relief association or consolidation account's proportional share of the total unfunded actuarial accrued liability of all recipient relief associations and consolidation accounts as of December 31, 1993, or June 30, 1994, whichever applies.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective on the day following enactment.
Section 1. [STATE COLLEGE AND UNIVERSITY EARLY RETIREMENT INCENTIVES.]
Subdivision 1. [INTENT.] To avoid the disruptive effects of employee layoffs due to campus consolidations, mergers, and budget reductions resulting in downsizing within the Minnesota state colleges and universities and the higher education coordinating board, an employer-funded early retirement incentive is made available in this section to employees of the state universities, community colleges, technical colleges, the existing system central offices, and the higher education coordinating board.
Subd. 2. [EMPLOYER PARTICIPATION.] The early retirement incentives provided in this section may be offered to eligible employees in the state university, community college, technical college systems, the higher education board, and the higher education coordinating board. The incentives apply to personnel in any state university, community college, or technical college department being downsized or where a reduction in force has been declared by the president of the institution. In the case of personnel in the chancellor's office, a reduction in force must be declared by the chancellor or the chancellor's designee or the executive director of the higher education coordinating board. Positions that are not assigned to a specific department or support positions that are assigned campus-wide or to a specific department are considered to be campus-wide in jurisdiction and eligible for this incentive as part of the reduction-in-force declaration.
Subd. 3. [ELIGIBILITY.] A person identified in subdivision 2 is eligible to receive the incentives if the person:
(1) has at least 15 years of combined service credit in any Minnesota public pension plans governed by Minnesota Statutes, section 356.30, subdivision 3, and the plan governed by Minnesota Statutes, chapter 354B;
(2) upon retirement is immediately eligible for a retirement annuity from a defined benefit plan if the person is a member of a defined benefit plan;
(3) is at least 55 years of age; and
(4) either retires before January 31, 1996, or, for a person who first becomes eligible for this incentive between January 31, 1996, and December 31, 1996, retires before January 31, 1997.
Subd. 4. [INCENTIVE.] Persons who retire under this section are eligible to receive employer-paid hospital, medical, and dental insurance, subject to the conditions in subdivision 5 and at the level and under conditions existing at the time of retirement.
Subd. 5. [LIMITS ON REHIRING.] Persons retiring under the provisions of this section may not be reemployed by the state or hired under a professional technical contract in any capacity except:
(1) under conditions of a stated emergency, and then only if the rehire or contract is approved by the higher education board or the higher education coordinating board under procedures adopted by the boards; and
(2) if rehired as adjunct faculty as defined in the appropriate bargaining agreement, or, if rehired by another executive branch agency of state government, if the retired employee works only on a seasonal, temporary, or intermittent basis as defined in Minnesota Statutes, section 43A.02, subdivision 23, or 179A.03, subdivision 14, clause (f), for no more than 1,044 hours in any consecutive 12-month period.
Subd. 6. [CONDITIONS; INSURANCE COVERAGE.] (a) A retired employee is eligible for single and dependent insurance coverages and employer payments to which the person was entitled immediately before retirement, subject to any changes in coverage and employer and employee payments through collective bargaining or personnel plans for employees in positions equivalent to the position from which the employee retired. The retired employee is not eligible for employer-paid life insurance. Eligibility ceases when the retired employee reaches age 65, when the person chooses not to receive the retirement benefits for which the person has applied, or when the person is eligible for employer-paid health insurance from a new employer. Coverages must be coordinated with relevant health insurance benefits provided through the federally sponsored Medicare program.
(b) If an employing unit referenced in subdivision 1 offers the incentive under this section and is subsequently eliminated or reorganized, the successor organization, if any, is obligated to pay the insurance premium incentive.
Subd. 7. [APPLICATION OF OTHER LAWS.] Unilateral implementation of this section by a public employer is not an unfair labor practice for the purposes of Minnesota Statutes, chapter 179A. The requirement in this section for an employer to pay health insurance costs for certain retired employees is not subject to the limits in Minnesota Statutes, section 179A.20, subdivision 2a.
Sec. 2. [NOTIFICATION OF SUBSEQUENT HEALTH COVERAGE: PENALTY FOR NOTIFICATION FAILURE.]
(a) An employee who accepts the early retirement incentive benefit under section 1 agrees as a condition of receipt of the incentive to notify the higher education board or the higher education coordinating board within 30 days of the event that the person is eligible for employer-paid health insurance from subsequent employment.
(b) Failure to make the notification required in paragraph (a) obligates the person to reimburse the higher education board or the higher education coordinating board for any insurance premiums that it paid since the person became eligible for the subsequent employment health insurance coverage.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective on the day following final enactment.
Section 1. Minnesota Statutes 1994, section 356A.06, is amended by adding a subdivision to read:
Subd. 8a. [COLLATERALIZATION REQUIREMENT.] (a) The governing board of a covered pension plan shall designate a national bank, an insured state bank, an insured credit union, or an insured thrift institution as the depository for the pension plan for assets not held by the pension plan's custodian bank.
(b) Unless collateralized as provided under paragraph (c), a covered pension plan may not deposit in a designated depository an amount in excess of the insurance held by the depository in the federal deposit insurance corporation, the federal savings and loan insurance corporation, or the national credit union administration, whichever applies.
(c) For an amount greater than the insurance under paragraph (b), the depository must provide collateral in compliance with section 118.01 or with any comparable successor enactment relating to the collateralization of municipal deposits.
Sec. 2. Minnesota Statutes 1994, section 356A.06, is amended by adding a subdivision to read:
Subd. 8b. [DISCLOSURE OF INVESTMENT AUTHORITY; RECEIPT OF STATEMENT.] (a) For this subdivision, the term "broker" means a broker, broker-dealer, investment advisor, investment manager, or third party agent who transfers, purchases, sells, or obtains investment securities for, or on behalf of, a covered pension plan.
(b) Before a covered pension plan may complete an investment transaction with or in accord with the advice of a broker, the covered pension plan shall provide annually to the broker a written statement of investment restrictions applicable under state law to the covered pension plan or applicable under the pension plan governing board investment policy.
(c) A broker must acknowledge in writing annually the receipt of the statement of investment restrictions and must agree to handle the covered pension plan's investments and assets in accord with the provided investment restrictions. A covered pension plan may not enter into or continue a business arrangement with a broker until the broker has provided this written acknowledgment to the chief administrative officer of the covered pension plan.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective January 1, 1996.
Section 1. [EMPLOYEES.]
This section applies if the Itasca county medical center is sold, leased, or transferred to a private entity. Notwithstanding any provision of Minnesota Statutes, sections 356.24 and 356.25 to the contrary, to facilitate the orderly transition of employees affected by the sale, lease, or transfer, the county may, in its discretion, make, from assets to be transferred to the private entity, payments to a qualified pension plan established for the transferred employees by the private entity, to provide benefits substantially similar to those the employees would have been entitled to under the provisions of the public employees retirement association, Minnesota Statutes 1994, sections 353.01 to 353.46.
Section 1. Minnesota Statutes 1994, section 3A.02, subdivision 5, is amended to read:
Subd. 5. [OPTIONAL ANNUITIES.] (a) The board of directors
shall establish an optional retirement annuity in the form of a
joint and survivor annuity and an optional retirement annuity in
the form of a period certain and life thereafter. Except as
provided in paragraph (b), these optional annuity forms must be
actuarially equivalent to the normal annuity computed under this
section, plus the actuarial value of any surviving spouse benefit
otherwise potentially payable at the time of retirement under
section 3A.04, subdivision 1. An individual selecting the
an optional annuity under this subdivision waives any
rights to surviving spouse benefits under section 3A.04,
subdivision 1.
(b) If a retired legislator selects the joint and survivor annuity option, the retired legislator must receive a normal single-life annuity if the designated optional annuity beneficiary dies before the retired legislator and no reduction may be made in the annuity to provide for restoration of the normal single-life annuity in the event of the death of the designated optional annuity beneficiary.
(c) The surviving spouse of a legislator who has attained at least age 60 and who dies while a member of the legislature may elect an optional joint and survivor annuity under paragraph (a), in lieu of surviving spouse benefits under section 3A.04, subdivision 1.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Section 1. Minnesota Statutes 1994, section 356.219, subdivision 2, is amended to read:
Subd. 2. [CONTENT AND TIMING OF REPORTS.] (a) The following information shall be included in the report required by subdivision 1:
(1) the market value of all investments at the close of the reporting period;
(2) regular payroll-based contributions to the fund;
(3) other contributions and revenue paid into the fund, including, but not limited to, state or local non-payroll-based contributions, repaid refunds, and buybacks;
(4) total benefits paid to members;
(5) fees paid for investment management services;
(6) salaries and other administrative expenses paid; and
(7) total return on investment.
The report must also include a written statement of the investment policy in effect on June 30, 1988, and any investment policy changes made subsequently and shall include the effective date of each policy change. The information required under this subdivision must be reported separately for each investment account or investment portfolio included in the pension fund.
(b) For public pension plans other than volunteer firefighters' relief associations governed by sections 69.77 or 69.771 to 69.775, the information specified in paragraph (a) must be provided separately for each quarter for the fiscal years of the pension fund ending during calendar years 1989 through 1991 and on a monthly basis thereafter. For volunteer firefighters' relief associations governed by sections 69.77 or 69.771 to 69.775, the information specified in paragraph (a) must be provided separately each quarter.
(c) Firefighters' relief associations that have assets with a
market value of less than $300,000 must begin collecting the
required information January 1, 1996, and must submit the
required information to the state auditor on or before October 1,
1995 1997, and subsequently within six months of
the end of each fiscal year. Other associations must submit the
required information through fiscal year 1993 to the state
auditor on or before October 1, 1994, and subsequently within six
months of the end of each fiscal year.
Section 1. [EVELETH POLICE AND FIREFIGHTERS; BENEFIT INCREASE.]
Notwithstanding any general or special law to the contrary, in addition to the current pensions and other retirement benefits payable, the pensions and retirement benefits payable to retired police officers and firefighters and their surviving spouses by the Eveleth police and fire trust fund are increased by $100 a month. Increases are retroactive to January 1, 1995. If the city of Eveleth fails to contribute an amount required in a given year sufficient to amortize the unfunded actuarial accrued liability of the police and fire trust fund by December 31, 1998, the increases under this section in the following year are not payable.
Sec. 2. [DULUTH TEACHERS RETIREMENT FUND ASSOCIATION; SPECIAL SERVICE PURCHASE AUTHORIZATION FOR CERTAIN FORMER DULUTH TECHNICAL COLLEGE TEACHERS.]
(a) A retired member of the Duluth teachers retirement fund association who:
(1) was born on April 29, 1932;
(2) was initially employed by independent school district No. 709 on September 8, 1970;
(3) terminated employment as a teacher at the Duluth technical college on July 1, 1994;
(4) retired from the Duluth teachers retirement fund association effective on July 15, 1994; and
(5) did not receive certification of eligibility for an early separation incentive from the chancellor of the higher education board in a timely fashion, but did eventually receive the required certification on October 24, 1994;
may purchase two years of additional service credit from the Duluth teachers retirement fund association as provided in Laws 1994, chapter 572, section 3, subdivision 3, paragraph (e), clause (2), item (i), as though otherwise qualified, to have the person's retirement annuity from the Duluth teachers retirement fund association recomputed based on the additional service credit, and to have any medical insurance premiums that the person paid subsequent to retirement reimbursed by the Duluth technical college on the basis of the provisions of Laws 1994, chapter 572, section 3, subdivision 3, paragraph (e), clause (1).
(b) The purchase of additional service credit must be made before July 1, 1995.
(c) The recomputed retirement annuity must be based on any optional annuity form selected upon retirement and must be subject to the early retirement reduction imposed upon retirement. The recomputed annuity accrues as of the effective date of retirement and any omitted retirement annuity amounts from the date of retirement to the date of recomputation must be paid in a lump sum as soon as practicable following the recomputation and must include annual interest on the omitted amounts at the rate of six percent, expressed as a monthly rate, and compounded monthly.
(d) If the retired member seeks reimbursement for medical insurance premiums, the retired member must furnish the president of the Duluth technical college with reasonable verification of medical insurance coverage and of prior medical insurance premiums paid.
Sec. 3. [MINNEAPOLIS EMPLOYEES RETIREMENT FUND; TEMPORARY OPTION.]
Notwithstanding any law to the contrary, a retired member of the Minneapolis employees retirement fund who elected a joint and survivor optional annuity form at the time of retirement and who has a living designated optional annuity recipient may select a substitute joint and survivor option under which the retired member will receive a normal single-life annuity if the previously designated recipient dies before the retired member. This substitute optional annuity must be the actuarial equivalent of the joint and survivor annuity option amount in effect at the time this option substitution is selected, as determined by an actuary selected by the legislative commission on pensions and retirement. This option must be exercised before July 1, 1996, according to procedures specified by the board of the Minneapolis employees retirement fund.
Sec. 4. [WEST ST. PAUL POLICE CONSOLIDATION ACCOUNT; CERTAIN SURVIVING SPOUSE BENEFITS.]
(a) Notwithstanding Minnesota Statutes, section 353A.08, the surviving spouse of a person described in paragraph (b) is entitled to receive survivor benefits provided under paragraph (c).
(b) This section applies to the surviving spouse of a person who was:
(1) employed as a police chief by the city of West St. Paul;
(2) an active member of the West St. Paul police relief association on February 8, 1993, when the governing body of West St. Paul, in accordance with Minnesota Statutes, section 353A.04, subdivision 5, gave preliminary approval to the consolidation of the association with the public employees retirement association;
(3) whose intention, upon consolidation, to elect benefits provided under the relevant provisions of the public employees retirement association police and fire fund benefit plan was recognized by the governing body of West St. Paul in a resolution adopted March 16, 1994;
(4) who died in April 1993, before the governing body of West St. Paul, on August 23, 1993, gave final approval to the consolidation in accordance with Minnesota Statutes, section 353A.04, subdivision 8; and
(5) who was thus unable, before his death, to carry out his intent to elect public employees retirement association benefits under Minnesota Statutes, section 353A.08.
(c) As of the effective date of this section, benefits for the surviving spouse identified in paragraph (b) computed under provisions of the West St. Paul police relief association plan terminate and survivor benefits computed under relevant provisions of the public employees retirement association police and fire plan commence. The relevant provisions of the public employees retirement association police and fire plan are survivor benefits computed under section 353.657, assuming the deceased police officer was covered by that plan at the time of death. The benefit will include adjustments, if any, under section 353.271. Retroactive payment of benefits is not authorized.
Sec. 5. [EDEN PRAIRIE VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION SERVICE PENSIONS.]
Subdivision 1. [SERVICE PENSION VESTING REQUIREMENT.] (a) Notwithstanding any provision of Minnesota Statutes, section 424A.02, subdivision 2, to the contrary, if the bylaws of the relief association so provide, the Eden Prairie volunteer firefighters relief association may pay an unreduced service pension to a member of the association who has terminated active service as a firefighter in the Eden Prairie fire department, who has at least ten years of service as an active firefighter in good standing with the department and at least ten years of membership in good standing in the association, and who meets all other applicable eligibility requirements of the association for entitlement to a service pension.
(b) Notwithstanding any provision of Minnesota Statutes, section 424A.02, subdivision 2, to the contrary, if the bylaws of the association so provide, the association may pay a reduced service pension to a member of the association who has terminated active service as a firefighter in the department, who has at least five years of service but less than ten years of service as an active firefighter in good standing with the department and at least five years but less than ten years as a member in good standing in the association, and who meets all other applicable eligibility requirements of the association for entitlement to a service pension. The amount of the reduced service pension is the amount determined by multiplying the total service pension amount as specified in the articles of incorporation or bylaws of the association that is appropriate for the number of completed years of service to the credit of the retiring member by the applicable percentage, as follows:
Completed years of serviceApplicable percentage
540 percent
652 percent
764 percent
876 percent
988 percent
10 and thereafter100 percent.
Subd. 2. [POSTRETIREMENT SERVICE PENSION ADJUSTMENTS FOR DEFERRED RETIREES.] (a) A "deferred retiree" is a former Eden Prairie volunteer firefighter who has completed at least five years of service as a firefighter in good standing with the Eden Prairie volunteer fire department and five years as a member in good standing in the Eden Prairie volunteer firefighters relief association and has separated from active service as a firefighter before attaining the earliest age for immediate receipt of service pension from the association as provided in the articles of incorporation or the bylaws of the association.
(b) Notwithstanding any provision of Minnesota Statutes, section 424A.02 to the contrary, if the articles of incorporation or bylaws of the association so provide, and if the Eden Prairie city council approves the deferred service pension increase under Minnesota Statutes, sections 69.773, subdivision 6, and 424A.02, subdivision 10, a deferred retiree who has credit for at least 15 years of active service with the department and who has not elected to receive a lump sum service pension as an alternative to a monthly service pension, may receive the same postretirement increase in the amount of that deferred monthly service pension that is approved and is payable to an association service pension recipient under Minnesota Statutes, section 424A.02, subdivision 9a.
(c) A deferred retiree who has credit for less than 15 years of active service with the department is not eligible for a postretirement increase.
Sec. 6. [RETURNING ANNUITANT.]
(a) Notwithstanding any provision of Minnesota Statutes, section 353.37 to the contrary, an eligible person described in paragraph (b) will be treated as specified in paragraph (c).
(b) An eligible person is a person who:
(1) was born on December 9, 1936;
(2) terminated from the Carlton county human services department as a financial eligibility specialist and retired from the public employees retirement association on April 1, 1992; and
(3) returned to Carlton county employment as a financial worker.
(c) As of the effective date of this section, annuity payments from the public employees retirement association terminate for an eligible person described in paragraph (b). As of that date the person is considered to have elected a deferred annuity under Minnesota Statutes, section 353.34, subdivision 3, with deferred annuity payments to commence upon the termination of the person's present employment. During the person's present employment, the person is entitled to participation in the public employees unclassified plan, and the person and the county shall make the contributions required under Minnesota Statutes, section 353D.03, paragraph (a).
Sec. 7. [REPEALER.]
Minnesota Statutes 1994, section 423B.02, is repealed effective March 1, 1995.
Sec. 8. [EFFECTIVE DATE.]
(a) Section 1 is effective on approval by the Eveleth city council and compliance with Minnesota Statutes, section 645.021.
(b) Section 2 is effective on the day following approval by the board of education of independent school district No. 709 and compliance with Minnesota Statutes, section 645.021.
(c) Section 3 is effective on approval by the Minneapolis city council and compliance with Minnesota Statutes, section 645.021.
(d) Section 4 is effective on the day following approval by the governing body of the city of West St. Paul and compliance with Minnesota Statutes, section 645.021, subdivision 2.
(e) Section 5 is effective on the day following compliance with Minnesota Statutes, section 69.773, subdivision 6, approval by the Eden Prairie city council, and compliance with Minnesota Statutes, section 645.021, subdivision 3.
(f) Section 6 is effective on the day following approval by the Carlton county board and compliance with Minnesota Statutes, section 645.021.
Section 1. [CONSOLIDATED CRYSTAL-NEW HOPE VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION; CREATION.]
Notwithstanding any provision of law to the contrary, if the cities of Crystal and New Hope enter into a joint powers agreement under Minnesota Statutes, section 471.59, to establish and operate a joint powers fire department, the Crystal volunteer firefighters relief association and the New Hope volunteer firefighters relief association shall consolidate into a single volunteer firefighters relief association. The consolidated volunteer firefighters relief association must be governed by sections 1 to 7 and the applicable provisions of Minnesota Statutes, chapters 69, 356, 356A, and 424A.
Sec. 2. [CONSOLIDATED VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION.]
Subdivision 1. [ESTABLISHMENT.] The consolidated volunteer firefighters relief association for the joint powers fire department serving the cities of Crystal and New Hope must be incorporated under Minnesota Statutes, chapter 317A. The incorporators of the consolidated relief association must include at least one board member of the Crystal volunteer firefighters relief association and at least one board member of the former New Hope volunteer firefighters relief association. The consolidated relief association must be incorporated within 90 days of the establishment of the joint powers fire department. The joint powers fire department is established on the date specified in the joint powers agreement.
Subd. 2. [GOVERNANCE OF CONSOLIDATED VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION.] (a) Notwithstanding Minnesota Statutes, section 424A.04, subdivision 1, the consolidated volunteer firefighters relief association is governed by a board of trustees consisting of nine members, as provided in the bylaws of the consolidated relief association, composed of:
(1) six firefighters in the joint fire department elected by the membership of the consolidated relief association; and
(2) three appointed members, including the fire chief of the joint fire department, one member appointed by the city council of the city of New Hope, and one member appointed by the city council of the city of Crystal.
(b) The board must have three officers, including a president, a secretary, and a treasurer. The membership of the consolidated volunteer firefighters relief association must elect the three officers from the nine board members. A board of trustees member may not hold more than one officer position at the same time.
(c) The board of trustees must administer the affairs of the relief association consistent with sections 1 to 7 and the applicable provisions of Minnesota Statutes, chapters 69, 356A, and 424A.
Subd. 3. [SPECIAL AND GENERAL FUNDS.] (a) The consolidated volunteer firefighters relief association must establish and maintain a special fund and may establish and maintain a general fund.
(b) The special fund must be established and maintained as provided in Minnesota Statutes, section 424A.05.
(c) The general fund must be established and maintained as provided in Minnesota Statutes, section 424A.06.
Sec. 3. [CONSOLIDATION OF FORMER RELIEF ASSOCIATIONS.]
Subdivision 1. [EFFECTIVE DATE OF CONSOLIDATION.] On the first business day occurring 30 days after the establishment of the consolidated volunteer firefighters relief association under section 2, which is the effective date of consolidation, the administration, records, assets, and liabilities of the prior Crystal volunteer firefighters relief association and of the prior New Hope volunteer firefighters relief association transfer to the consolidated volunteer firefighters relief association and the Crystal volunteer firefighters relief association and the New Hope volunteer firefighters relief association cease to exist as legal entities.
Subd. 2. [TRANSFER OF ADMINISTRATION.] On the effective date of consolidation, the administration of the prior relief associations is transferred to the board of trustees of the consolidated volunteer firefighters relief association.
Subd. 3. [TRANSFER OF RECORDS.] On the effective date of consolidation, the secretary and the treasurer of the Crystal volunteer firefighters relief association and the secretary and the treasurer of the New Hope volunteer firefighters relief association shall transfer all records and documents relating to the prior relief associations to the secretary and the treasurer of the consolidated volunteer firefighters relief association.
Subd. 4. [TRANSFER OF SPECIAL FUND ASSETS AND LIABILITIES.] (a) On the effective date of consolidation, the secretary and the treasurer of the Crystal volunteer firefighters relief association and the secretary and the treasurer of the New Hope volunteer firefighters relief association shall cause to occur the transfer of the assets of the special fund of the applicable relief association to the special fund of the consolidated relief association. Unless the applicable secretary and treasurer decide otherwise, the assets may be transferred as investment securities rather than as cash. The transfer must include any accounts receivable. The applicable secretary shall settle any accounts payable from the special fund of the relief association before the effective date of consolidation.
(b) Upon the transfer of the assets of the special fund of a prior relief association, the pension liabilities of that special fund become the obligation of the special fund of the consolidated volunteer firefighters relief association.
(c) Upon the transfer of the prior relief association special fund assets, the board of trustees of the consolidated volunteer firefighters relief association has legal title to and management responsibility for the transferred assets as trustees for persons having a beneficial interest in those assets arising out of the benefit coverage provided by the prior relief association.
(d) The consolidated volunteer firefighters relief association is the successor in interest for all claims for and against the special funds of the prior Crystal volunteer firefighters relief association and the prior New Hope volunteer firefighters relief association, or the cities of Crystal and New Hope with respect to the special funds of the prior relief associations. The status of successor in interest does not apply to any claim against a prior relief association, the city in which that relief association is located, or any person connected with the prior relief association or the city, based on any act or acts that were not done in good faith and that constituted a breach of fiduciary responsibility under common law or Minnesota Statutes, chapter 356A.
Subd. 5. [DISSOLUTION OF PRIOR GENERAL FUND BALANCES.] Before the effective date of consolidation, the secretary of the Crystal volunteer firefighters relief association and the secretary of the New Hope volunteer firefighters relief association shall settle any accounts payable from the respective general fund or any other relief association fund in addition to the relief association special fund. Any investments held by a fund of the prior relief associations in addition to the special fund must be liquidated before the effective date of consolidation as the bylaws of the relief association provide. Before consolidation, the respective relief associations shall pay all applicable general fund expenses from their respective general funds and any balance remaining in the general fund or in a fund other than the relief association special fund as of the effective date of consolidation must be paid to the new general fund of the consolidated volunteer relief association.
Subd. 6. [TERMINATION OF PRIOR RELIEF ASSOCIATIONS.] Following the transfer of administration, records, special fund assets, and special fund liabilities from the prior relief associations to the consolidated volunteer firefighters relief association, the Crystal volunteer firefighters relief association and the New Hope volunteer firefighters relief association cease to exist as legal entities. The city manager of the city of Crystal and the city manager of the city of New Hope must notify the following government officials of the termination of the respective relief associations and of the establishment of the consolidated volunteer firefighters relief association:
(1) Minnesota secretary of state;
(2) Minnesota state auditor;
(3) Minnesota commissioner of revenue; and
(4) commissioner of the federal Internal Revenue Service.
Sec. 4. [EFFECT ON PREVIOUS BENEFIT PLAN COVERAGE.]
Subdivision 1. [BENEFIT COVERAGE FOR CURRENT RETIRED MEMBERS.] (a) A person who is receiving a monthly service pension, a monthly disability benefit, or a monthly survivorship benefit from the Crystal volunteer firefighters relief association or from the New Hope volunteer firefighters relief association on the effective date of consolidation is entitled to a continuation of that pension or benefit, including any death benefit or monthly survivorship benefit provided for in the benefit plan document of the applicable prior relief association in effect on the day before the effective date of the consolidation, from the consolidated volunteer firefighters relief association. Unless paragraph (b) applies, the amount of the pension or benefit payable after the effective date of consolidation must be identical to the amount payable before the effective date of consolidation. The pension or benefit payable after the effective date of consolidation is subject to the same terms, conditions, and qualifications as were in effect before the effective date of consolidation.
(b) If the board of trustees of the consolidated volunteer firefighters relief association establishes the option, a pension or benefit recipient to whom paragraph (a) applies is entitled to elect an alternative pension or benefit amount as offered by the relief association board. To provide this alternative pension or benefit, the relief association board may arrange for a lump-sum payment or the purchase of an annuity contract for the pension or benefit recipient in place of a direct payment from the relief association to the person. The annuity contract may be purchased only from an insurance company that is licensed to do business in this state, regularly undertakes life insurance and annuity
business, and is rated by a recognized national rating agency or organization as being among the top 25 percent of all insurance companies undertaking life insurance and annuity business. The alternative pension or benefit payable monthly may be in an amount greater than the pension or benefit payable before the effective date of consolidation, but may not exceed the maximum service pension or benefit payable under Minnesota Statutes, chapter 424A. In electing the alternative pension or benefit payable under an annuity contract from a qualified insurance company, the affected person must waive in writing the person's eligibility and entitlement to any direct future pension or benefit payments from the consolidated volunteer firefighters relief association.
Subd. 2. [BENEFIT COVERAGE FOR CURRENT DEFERRED MEMBERS.] (a) A person who is not an active member of the Crystal volunteer firefighters relief association or an active member of the New Hope volunteer firefighters relief association but who has sufficient service credit with one of the relief associations to be entitled to a future service pension from the appropriate relief association remains entitled to the receipt of that service pension, upon application, when the person attains at least the minimum age for receipt of a service pension unless the person elects an alternative service pension under paragraph (b). A deferred member may transfer the member's current service pension to a member's individual account established under subdivision 3, paragraph (c), subject to the same conditions of individual accounts for active members, and remain entitled to receipt of a service pension when the member reaches the normal retirement age.
(b) If the board of trustees of the consolidated volunteer firefighters relief association establishes the option for benefit recipients under subdivision 1, the deferred service pensioner described in paragraph (a) may elect the same alternative service pension as established under subdivision 1, paragraph (b), except that the deferred service pensioner may not receive the alternative service pension at an age younger than the normal retirement age in effect for the prior applicable relief association.
Subd. 3. [BENEFIT COVERAGE FOR NEW FIREFIGHTERS AND CURRENT VESTED AND NONVESTED ACTIVE MEMBERS.] (a) The benefit coverage for persons who become firefighters for the joint fire department for the first time after the effective date of consolidation and for persons who are active members of the consolidated volunteer firefighters relief association as of the effective date of consolidation is a defined contribution plan governed under this subdivision and Minnesota Statutes, section 424A.02, subdivision 4.
(b) For an active member of the consolidated volunteer firefighters relief association as of the effective date of consolidation, that member's prior service as a firefighter in the prior Crystal fire department or the prior New Hope fire department must be converted into a dollar accumulation by multiplying each full year of prior service as a firefighter in the prior fire department of Crystal or the prior fire department of New Hope by not less than $3,000. A member's prior service of a partial year will be converted into a dollar accumulation by prorating the full year of prior service yearly amount by the number of months served in the partial year. The total calculated dollar accumulation must be credited to the member's individual account established under paragraph (c).
(c) For each active member of the consolidated volunteer firefighters relief association covered by the defined contribution plan, an individual account must be established, as provided in Minnesota Statutes, section 424A.02, subdivision 4, with an initial balance based on the conversion accumulation determined under paragraph (b), if applicable. Notwithstanding Minnesota Statutes, section 424A.02, subdivision 4, the amount of fire state aid and the amount of regular municipal contributions must be credited to individual active firefighter accounts as specified in section 6, subdivision 4.
Sec. 5. [ACTUARIAL VALUATIONS REQUIRED.]
(a) Unless all benefit recipients and deferred service pensioners elect alternative pensions or benefits under section 4, subdivisions 1, paragraph (b); and 2, paragraph (b), a special actuarial valuation of the consolidated volunteer firefighters relief association must be prepared as soon as practicable following the benefit selection under section 4, subdivision 1. The actuarial valuation must be prepared under the applicable provisions of Minnesota Statutes, sections 356.215 and 356.216.
(b) Subsequent actuarial valuations must be prepared as required under Minnesota Statutes, section 69.773, subdivisions 2 and 3, if any person is entitled or is reasonably anticipated to be entitled to a direct future monthly benefit from the consolidated relief association.
Sec. 6. [ANNUAL RELIEF ASSOCIATION FUNDING.]
Subdivision 1. [SOURCES.] In addition to investment income earned by the special fund, the sources of the annual funding of the consolidated volunteer firefighters relief association are the fire state aid received by the city of Crystal, the fire state aid received by the city of New Hope, the regular municipal contribution from the city of Crystal, and the regular municipal contribution from the city of New Hope.
Subd. 2. [FIRE STATE AID.] The fire state aid received by the city of Crystal and the fire state aid received by the city of New Hope must be deposited in the special fund of the consolidated volunteer firefighters relief association, for allocation as provided in subdivision 4.
Subd. 3. [REGULAR MUNICIPAL CONTRIBUTION.] (a) Annually, as part of the municipal budget setting process, the city council of the city of Crystal and the city council of the city of New Hope must jointly establish the amount of the regular municipal contribution by each city to the consolidated volunteer firefighters relief association.
(b) The regular municipal contribution in total must be at least equal to (1) the amount of the fire state aid received by the city of Crystal and the fire state aid received by the city of New Hope, plus (2) whatever additional amount is needed to equal the sum determined by multiplying $1,811 by the total of the number of active firefighters who are members of the consolidated volunteer firefighters relief association.
(c) The established amount for each city must be included in the budget of the respective city, and, if not payable from a municipal revenue source other than the city's property tax levy or fire state aid, must be included in the property tax levy of the respective city. The regular municipal contribution must be allocated in the manner specified in subdivision 4.
(d) If a direct service pension or entitlement is payable under section 4, subdivision 1, paragraph (a); or subdivision 2, paragraph (a), to a retiree or deferred retiree, the applicable city remains responsible for any amount of service pension that is payable beyond the relief association assets allocated for the retiree or deferred retiree. Following any actuarial valuation of the consolidated relief association, if there is a net mortality loss attributable to the applicable city, the city shall make a contribution in addition to the regular municipal contribution under paragraphs (a) to (c) equal to the amount of that net mortality loss. The municipal contribution under this paragraph is payable on or before the last business day of the month next following the completion of the actuarial valuation.
Subd. 4. [ALLOCATION OF FUNDING AMOUNTS.] (a) The annual fire state aid and the regular municipal contribution, after deduction for payment of administrative expenses as specified in subdivision 5, must be allocated to individual active firefighter accounts based on the level of firefighting services rendered by the individual active firefighter as stated in the bylaws of the consolidated volunteer firefighters relief association.
(b) Investment income earned by the special fund of the consolidated relief association must be allocated to each individual account based on the proportion of the total assets of the special fund represented by the account.
Subd. 5. [PAYMENT OF RELIEF ASSOCIATION ADMINISTRATIVE EXPENSES.] (a) The payment of authorized administrative expenses of the consolidated volunteer firefighters relief association shall be from the special fund of the relief association according to Minnesota Statutes, section 69.80, and as provided for in the bylaws of the consolidated relief association and approved by the board of trustees of the consolidated relief association. The allocation of these administrative expenses to the individual member accounts must occur as provided in the bylaws of the consolidated relief association.
(b) The payment of any other expenses of the consolidated relief association shall be from the general fund of the consolidated relief association according to Minnesota Statutes, section 69.80, and as provided for in the bylaws of the consolidated relief association and approved by the board of trustees of the consolidated relief association.
Sec. 7. [VALIDATION OF CURRENT BENEFIT PLANS AND PRIOR ACTIONS.]
Notwithstanding any provisions of Laws 1969, chapter 1088, as amended by Laws 1978, chapters 562, section 32, and 753; Laws 1979, chapter 201, section 44; or Laws 1981, chapter 224, section 250; or Laws 1971, chapter 114, as amended by Laws 1979, chapters 97, and 201, sections 27 and 44; and Laws 1981, chapter 224, section 254, the benefit plans of the Crystal volunteer firefighters relief association and of the New Hope volunteer firefighters relief association as reflected in each relief association's articles of incorporation and bylaws as of December 15, 1993, are hereby ratified and validated. Any acts previously taken by the Crystal volunteer firefighters relief association and by the New Hope volunteer firefighters relief association with those ratified articles of incorporation and bylaws are also ratified and validated.
Sec. 8. [REPEALER OF PRIOR SPECIAL LAWS.]
Laws 1969, chapter 1088; Laws 1971, chapter 114; Laws 1978, chapters 562, section 32, and 753; Laws 1979, chapters 97, and 201, section 27; and Laws 1981, chapter 224, sections 250 and 254, are repealed.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 7 are effective on the day following final approval by the city council of the city of Crystal and by the city council of the city of New Hope and compliance with Minnesota Statutes, section 645.021, subdivision 3. Section 8 is effective on the effective date of consolidation of the Crystal volunteer firefighters relief association and the New Hope volunteer firefighters relief association."
Delete the title and insert:
"A bill for an act relating to retirement; providing various benefit increases and related modifications; requiring collateralization and investment authority statement; amending Minnesota Statutes 1994, sections 3A.02, subdivision 5; 124.916, subdivision 3; 352.01, subdivision 13; 352B.02, subdivision 1a; 352B.08, subdivision 2; 352B.10, subdivision 1; 353.65, subdivision 7; 353.651, subdivision 4; 353A.083; 354.445; 354.66, subdivision 4; 354A.094, subdivision 4; 354A.12, subdivisions 1, 2, 3b, 3c, and by adding a subdivision; 354A.27, subdivision 1, and by adding subdivisions; 354A.31, subdivision 4, and by adding subdivisions; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; 354B.08, subdivision 2; 356.219, subdivision 2; 356.30, subdivision 1; 356.611; 356.865, subdivision 3; 356A.06, by adding subdivisions; 422A.05, by adding a subdivision; 422A.09, subdivision 2; and 422A.101, subdivision 1a; Laws 1994, chapter 499, section 2; proposing coding for new law in Minnesota Statutes, chapters 125; 354A; and 356; proposing coding for new law as Minnesota Statutes, chapter 136F; repealing Minnesota Statutes 1994, sections 3A.10, subdivision 2; 352.021, subdivision 5; 354A.27, subdivisions 2, 3, and 4; and 423B.02; Laws 1969, chapter 1088; Laws 1971, chapters 114 and 127, section 1, as amended; Laws 1978, chapters 562, section 32, and 753; Laws 1979, chapters 97 and 201, section 27; and Laws 1981, chapter 224, sections 250 and 254."
We request adoption of this report and repassage of the bill.
House Conferees: Phyllis Kahn, Richard H. Jefferson, Jeff Bertram and Steve Smith.
Senate Conferees: Steven Morse, Phil J. Riveness, Lawrence J. Pogemiller and Dan Stevens.
Kahn moved that the report of the Conference Committee on H. F. No. 1040 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1040, A bill for an act relating to retirement; providing various benefit increases and related modifications; requiring collateralization and investment authority statement; amending Minnesota Statutes 1994, sections 3A.02, subdivision 5; 124.916, subdivision 3; 136.90; 352.01, subdivision 13; 352B.01, subdivision 2; 352B.02, subdivision 1a; 352B.08, subdivision 2; 352B.10, subdivision 1; 353.65, subdivision 7; 353.651, subdivision 4; 354.445; 354.66, subdivision 4; 354A.094, subdivision 4; 354A.12, subdivisions 1, 2, and by adding a subdivision; 354A.27, subdivision 1, and by adding subdivisions; 354A.31, subdivision 4, and by adding subdivisions; 354B.05, subdivisions 2 and 3; 354B.07, subdivisions 1 and 2; 354B.08, subdivision 2; 356.219, subdivision 2; 356.30, subdivision 1; 356.611; 356A.06, by adding subdivisions; 422A.05, by adding a subdivision; 422A.09, subdivision 2; and 422A.101, subdivision 1a; Laws 1994, chapter 499, section 2; proposing coding for new law in Minnesota Statutes, chapters 125; and 356; repealing Minnesota Statutes 1994, sections 3A.10, subdivision 2; 352.021, subdivision 5; and 354A.27, subdivisions 2, 3, and 4; Laws 1971, chapter 127, section 1, as amended.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 51 yeas and 80 nays as follows:
Those who voted in the affirmative were:
Anderson, R. Entenza Leighton Rest Tunheim Bakk Garcia Leppik Rhodes Van Engen Bertram Greenfield Long Rice Wagenius Brown Hackbarth Mahon Rukavina Wejcman Carlson Huntley Milbert Sarna Wenzel Carruthers Jaros Munger Simoneau Winter Clark Jefferson Murphy Skoglund Sp.Anderson,I Cooper Johnson, A. Ness Smith Daggett Kahn Orfield Solberg Delmont Kalis Ozment TomassoniThose who voted in the negative were:
JOURNAL OF THE HOUSE - 65th Day - Top of Page 5447
Dempsey Kelley Pugh Tompkins
Abrams Goodno Krinkie Olson, E. Schumacher Anderson, B. Greiling Larsen Olson, M. Seagren Bishop Haas Lieder Onnen Stanek Boudreau Harder Lindner Opatz Sviggum Bradley Hasskamp Lourey Orenstein Swenson, D. Broecker Hausman Luther Osskopp Swenson, H. Commers Holsten Lynch Osthoff Sykora Dauner Hugoson Macklin Ostrom Trimble Davids Johnson, R. Mares Otremba Tuma Dawkins Johnson, V. Mariani Paulsen Van Dellen Dehler Kelso Marko Pawlenty Vickerman Erhardt Kinkel McCollum Pellow Warkentin Farrell Knight McElroy Pelowski Weaver Finseth Knoblach McGuire Perlt Wolf Frerichs Koppendrayer Molnau Peterson Worke Girard Kraus Mulder Rostberg WorkmanThe bill was not repassed, as amended by Conference.
Osthoff moved that the vote whereby H. F. No. 1040, as amended by Conference, was not repassed be now reconsidered. The motion prevailed.
Osthoff moved that the action whereby H. F. No. 1040, as amended by Conference, was given its third reading be now reconsidered. The motion prevailed.
Osthoff moved that the vote whereby the House adopted the Conference Committee Report on H. F. No. 1040 be now reconsidered. The motion prevailed.
Osthoff moved that the House refuse to adopt the Conference Committee Report on H. F. No. 1040, that the present House Conference Committee be discharged, that the Speaker appoint a new Conference Committee consisting of 5 members on the part of the House. The motion prevailed.
Kahn moved that H. F. No. 1040 be returned to Conference. The motion prevailed.
A bill for an act relating to crime; clarifying language relating to controlled substance and certain other crimes; making it manslaughter in the first degree to cause the death of a child by malicious punishment under certain circumstances; making it manslaughter in the second degree to cause the death of a child by endangerment under certain circumstances; providing that a motor vehicle is subject to forfeiture if it was used to flee a peace officer in violation of law; imposing a fine for the crime of terroristic threats; providing procedures for prosecuting attorneys to follow when filing complaints against owners whose buildings are alleged nuisances; authorizing the court to issue orders of abatement that close buildings for two years or more when the buildings are declared to be nuisances a second time; providing penalties; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 401.02, subdivision 4; 609.10; 609.125; 609.185; 609.20; 609.205; 609.323, subdivisions 2, 3, and by adding a subdivision; 609.498, subdivision 1; 609.52,
subdivision 1; 609.5312, by adding a subdivision; 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 617.80, subdivisions 2, 4, 5, 8, and by adding a subdivision; 617.81, subdivisions 1, 2, and by adding a subdivision; 617.82; 617.83; 617.84; 617.85; 617.87; 626.13; proposing coding for new law in Minnesota Statutes, chapter 617; repealing Minnesota Statutes 1994, section 617.81, subdivisions 2a and 3.
May 20, 1995
The Honorable Irv Anderson
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 980, report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 980 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1994, section 152.021, subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
four years nor more than 40 years or and, in addition,
may be sentenced to payment of a fine of not more than
$1,000,000, or both.
(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.
Sec. 2. Minnesota Statutes 1994, section 152.022, subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
three years nor more than 40 years or and, in addition,
may be sentenced to payment of a fine of not more than
$500,000, or both.
(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.
Sec. 3. Minnesota Statutes 1994, section 152.023, subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
two years nor more than 30 years or and, in addition,
may be sentenced to payment of a fine of not more than
$250,000, or both.
Sec. 4. Minnesota Statutes 1994, section 152.024, subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections or to a local
correctional authority for not less than one year nor more than
30 years or and, in addition, may be sentenced to
payment of a fine of not more than $100,000, or both.
Sec. 5. Minnesota Statutes 1994, section 152.025, subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections or to a local
correctional authority for not less than six months nor more than
ten years or and, in addition, may be sentenced to
payment of a fine of not more than $20,000, or both.
Sec. 6. [299A.61] [CRIMINAL ALERT NETWORK.]
The commissioner of public safety, in cooperation with the commissioner of administration, shall develop and maintain an integrated criminal alert network to facilitate the communication of crime prevention information by electronic means among state agencies, law enforcement officials, and the private sector. The network shall disseminate data regarding the commission of crimes, including information on missing and endangered children, and attempt to reduce theft and other crime by the use of electronic transmission of information.
Sec. 7. Minnesota Statutes 1994, section 343.235, is amended to read:
343.235 [DISPOSITION OF SEIZED ANIMALS.]
Subdivision 1. [GENERAL RULE.] An animal taken into custody
under section 343.22 or 343.29 may be humanely disposed of at the
discretion of the jurisdiction having custody of the animal
seven ten days after the animal is taken into
custody, provided that the procedures in subdivision 3 are
followed. An animal raised for food or fiber products may
not be seized or disposed of without prior examination by a
licensed veterinarian pursuant to a warrant issued by a
judge.
Subd. 2. [SECURITY.] A person claiming an interest in an
animal in custody under subdivision 1 may prevent disposition of
the animal by posting a bond or security in an amount
sufficient to provide for the animal's actual costs of
care and keeping for at least 30 days, inclusive of the date
on which the animal was taken into custody. Even if a
bond or security is posted, the authority having custody of the
animal may humanely dispose of the animal at the end of the time
for which expenses of care and keeping are covered by the bond or
security, unless there is a court order prohibiting the
disposition. The order must provide for a bond or other security
in the amount necessary to protect the authority having custody
of the animal from any cost of the care, keeping, or disposal of
the animal. The security must be posted within ten days
of the seizure inclusive of the date of the seizure.
Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority taking custody of an animal under section 343.22 or 343.29 shall give notice of this section by delivering or mailing it to a person claiming an interest in the animal or by posting a copy of it at the place where the animal is taken into custody or by delivering it to a person residing on the property, and telephoning, if possible. The notice must include:
(1) a description of the animal seized; the authority and purpose for the seizure; the time, place, and circumstances under which the animal was seized; and the location, address, telephone number, and contact person where the animal is kept;
(2) a statement that a person claiming an interest in the animal may post security to prevent disposition of the animal and may request a hearing concerning the seizure or impoundment and that failure to do so within ten days of the date of the notice will result in disposition of the animal; and
(3) a statement that all actual costs of the care, keeping, and disposal of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law.
The notice must also include a form that can be used by a person claiming an interest in the animal for requesting a hearing under this subdivision.
(b) Upon request of a person claiming an interest in the animal, which request must be made within ten days of the date of seizure, a hearing must be held within five business days of the request, to determine the validity of the seizure and impoundment. If the seizure was done pursuant to a warrant under section 343.22, the hearing must be conducted by the judge who issued the warrant. If the seizure was done under section 343.29, the municipality taking custody of the animal or, in the case of a humane society, the municipality from which the animal was seized, may either (1) authorize a licensed veterinarian with no financial interest in the matter or professional association with either party or (2) use the services of a hearing officer to conduct the hearing. A person claiming an interest in the animal who is aggrieved by a decision of a hearing officer under this subdivision may seek a court order governing the seizure or impoundment within five days of notice of the order.
(c) The judge or hearing officer may authorize the return of the animal, if the judge or hearing officer finds that:
(1) the animal is physically fit; and
(2) the person claiming an interest in the animal can and will provide the care required by law for the animal.
(d) The person claiming an interest in the animal is liable for all actual costs of care, keeping, and disposal of the animal, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full or a mutually satisfactory arrangement for payment must be made between the municipality and the person claiming an interest in the animal before return of the animal to the person.
Sec. 8. Minnesota Statutes 1994, section 343.29, subdivision 1, is amended to read:
Subdivision 1. [DELIVERY TO SHELTER.] Any peace officer,
animal control officer, or agent of the federation or county or
district societies for the prevention of cruelty, may remove,
shelter, and care for any animal which is not properly sheltered
from cold, hot, or inclement weather or any animal not properly
fed and watered, or provided with suitable food and drink in
circumstances that threaten the life of the animal. When
necessary, a peace officer, animal control officer, or agent may
deliver the animal to another person to be sheltered and cared
for, and furnished with suitable food and drink. In all cases,
the owner, if known, shall be immediately notified as provided
in section 343.235, subdivision 3, and the person having
possession of the animal, shall have a lien thereon for its
actual costs of care and keeping and the expenses of the
notice. If the owner or custodian is unknown and cannot by
reasonable effort be ascertained, or does not, within
seven ten days after notice, redeem the animal by
paying the expenses authorized by this subdivision, the animal
may be disposed of as provided in section 343.235.
Sec. 9. Minnesota Statutes 1994, section 401.02, subdivision 4, is amended to read:
Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE OR
PROBATION.] (a) The written order of the chief executive
officer or designee of a community corrections agency established
under this chapter is sufficient authority for peace officers
and probation officers serving the district and juvenile
courts of participating counties participating in the
subsidy program established by this chapter may, without order or
warrant, when it appears necessary to prevent escape or
enforce discipline, to take and detain a probationer, or
any person on conditional release and bring that person before
the court or the commissioner of corrections or a designee,
whichever is appropriate, for disposition. No probationer or
other person on conditional release shall be detained more than
72 hours, exclusive of legal holidays, Saturdays and Sundays,
pursuant to this subdivision without being provided with the
opportunity for a hearing before the court or the commissioner of
corrections or a designee.
(b) The written order of the chief executive officer or designee of a community corrections agency established under this chapter is sufficient authority for probation officers serving the district and juvenile courts of participating counties to release within 72 hours, exclusive of legal holidays, Saturdays, and Sundays, without appearance before the court or the commissioner of corrections or a designee, any person detained pursuant to paragraph (a).
(c) When providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including intercounty transfer of persons on conditional release, and the conduct of presentence investigations, participating counties shall comply with the policies and procedures relating thereto as prescribed by the commissioner of corrections.
(b) (d) The written order of the chief executive
officer or designee of a community corrections agency established
under this chapter is sufficient authority for any peace officer
or county probation officer to take and place in actual custody
any person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility, as defined in section 241.021, subdivision 1;
(2) fails to return from furlough or authorized temporary release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(c) (e) The written order of the chief executive
officer or designee of a community corrections agency established
under this chapter is sufficient authority for any peace officer
or county probation officer to take and place in actual custody
any person on a court authorized pretrial release who absconds
from pretrial release or fails to abide by the conditions of
pretrial release.
Sec. 10. Minnesota Statutes 1994, section 609.10, is amended to read:
609.10 [SENTENCES AVAILABLE.]
Upon conviction of a felony and compliance with the other provisions of this chapter the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine; or
(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of years if the fine is not paid; or
(5) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's family; and
(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.
Sec. 11. Minnesota Statutes 1994, section 609.125, is amended to read:
609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]
Upon conviction of a misdemeanor or gross misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid; or
(3) to both imprisonment for a definite term and payment of a fine; or
(4) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.
As used in this section, "restitution" includes:
(i) payment of compensation to the victim or the victim's family; and
(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.
Sec. 12. Minnesota Statutes 1994, section 609.185, is amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing
child abuse, when the perpetrator has engaged in a past pattern
of child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being under circumstances
other than those described in clause (1), (2), or (5) while
committing domestic abuse, when the perpetrator has engaged in a
past pattern of domestic abuse upon the victim and the death
occurs under circumstances manifesting an extreme indifference to
human life.
For purposes of clause (5), "child abuse" means an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state: section 609.221; 609.222; 609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
For purposes of clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or any other state; and
(2) is committed against the victim who is a family or household member as defined in section 518B.01, subdivision 2, paragraph (b).
Sec. 13. Minnesota Statutes 1994, section 609.20, is amended to read:
609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
(2) causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
(3) intentionally causes the death of another person because
the actor is coerced by threats made by someone other than the
actor's coconspirator and which cause the actor reasonably to
believe that the act performed by the actor is the only means of
preventing imminent death to the actor or another; or
(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in schedule III, IV, or V; or
(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.
As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.
Sec. 14. Minnesota Statutes 1994, section 609.205, is amended to read:
609.205 [MANSLAUGHTER IN THE SECOND DEGREE.]
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree 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:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
Sec. 15. Minnesota Statutes 1994, section 609.323, subdivision 2, is amended to read:
Subd. 2. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual in
circumstances described in section 609.322, subdivision 2, clause
(3), may be sentenced to not more than three years imprisonment
or to payment of a fine of not more than $5,000, or both.
Sec. 16. Minnesota Statutes 1994, section 609.323, subdivision 3, is amended to read:
Subd. 3. Whoever, not related by blood, adoption, or
marriage to the prostitute, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution of an individual 18 years of
age or above may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or
both.
Sec. 17. Minnesota Statutes 1994, section 609.323, is amended by adding a subdivision to read:
Subd. 3a. [EXCEPTIONS.] Subdivisions 1a, 2, and 3 do not apply to a minor who is dependent on an individual acting as a prostitute and who may have benefited from or been supported by the individual's earnings derived from prostitution.
Sec. 18. Minnesota Statutes 1994, section 609.498, subdivision 1, is amended to read:
Subdivision 1. [TAMPERING WITH A WITNESS IN THE FIRST DEGREE.] Whoever does any of the following is guilty of tampering with a witness in the first degree and may be sentenced as provided in subdivision 1a:
(a) intentionally prevents or dissuades or intentionally attempts to prevent or dissuade by means of force or threats of injury to any person or property, a person who is or may become a witness from attending or testifying at any trial, proceeding, or inquiry authorized by law;
(b) by means of force or threats of injury to any person or property, intentionally coerces or attempts to coerce a person who is or may become a witness to testify falsely at any trial, proceeding, or inquiry authorized by law;
(c) intentionally causes injury or threatens to cause injury to any person or property in retaliation against a person who was summoned as a witness at any trial, proceeding, or inquiry authorized by law, within a year following that trial, proceeding, or inquiry or within a year following the actor's release from incarceration, whichever is later;
(d) intentionally prevents or dissuades or attempts to prevent or dissuade, by means of force or threats of injury to any person or property, a person from providing information to law enforcement authorities concerning a crime;
(e) by means of force or threats of injury to any person or property, intentionally coerces or attempts to coerce a person to provide false information concerning a crime to law enforcement authorities; or
(f) intentionally causes injury or threatens to cause injury to any person or property in retaliation against a person who has provided information to law enforcement authorities concerning a crime within a year of that person providing the information or within a year of the actor's release from incarceration, whichever is later.
Sec. 19. [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION OF FALSE OR MISLEADING INFORMATION PROHIBITED.]
Whoever uses the criminal alert network under section 299A.61 to disseminate information regarding the commission of a crime knowing that it is false or misleading, is guilty of a misdemeanor.
Sec. 20. Minnesota Statutes 1994, section 609.52, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(1) "Property" means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article.
(2) "Movable property" is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.
(3) "Value" means the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft, or in the case of a theft or the making of a copy of an article representing a trade secret, where the retail market value or replacement cost cannot be ascertained, any reasonable value representing the damage to the owner which the owner has suffered by reason of losing an advantage over those who do not know of or use the trade secret. For a check, draft, or other order for the payment of money, "value" means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order. For a theft committed within the meaning of subdivision 2, clause (5), (a) and (b), if the property has been restored to the owner, "value" means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the value otherwise provided herein.
(4) "Article" means any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing, constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing, or sketch made of or from an article while in the presence of the article.
(8) "Property of another" includes property in which the actor is coowner or has a lien, pledge, bailment, or lease or other subordinate interest, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use.
(10) "Motor vehicle" means a self-propelled device for moving persons or property or pulling implements from one place to another, whether the device is operated on land, rails, water, or in the air.
Sec. 21. Minnesota Statutes 1994, section 609.5312, is amended by adding a subdivision to read:
Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] (a) A motor vehicle is subject to forfeiture under this subdivision if it was used to commit a violation of section 609.487 and endanger life or property. A motor vehicle is subject to forfeiture under this subdivision only if the offense is established by proof of a criminal conviction for the offense. Except as otherwise provided in this subdivision, a forfeiture under this subdivision is governed by sections 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in advance of a judicial forfeiture order, a hearing before a judge or referee must be held within 96 hours of the seizure. Notice of the hearing must be given to the registered owner within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or in advance of the hearing, that it has filed or intends to file charges against the alleged violator for violating section 609.487. After conducting the hearing, the court shall order that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification required by this paragraph;
(2) the owner of the motor vehicle has demonstrated to the court's satisfaction that the owner has a defense to the forfeiture, including but not limited to the defenses contained in subdivision 2; or
(3) the court determines that seizure of the vehicle creates or would create an undue hardship for members of the owner's family.
(c) If the defendant is acquitted or the charges against the defendant are dismissed, neither the owner nor the defendant is responsible for paying any costs associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of 180 days or less is not subject to forfeiture under this subdivision.
Sec. 22. Minnesota Statutes 1994, section 609.582, subdivision 1, is amended to read:
Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if:
(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or
(c) the burglar assaults a person within the building or on the building's appurtenant property.
Sec. 23. [609.669] [CIVIL DISORDER.]
Subdivision 1. [PROHIBITED ACTS.] (a) A person is guilty of a gross misdemeanor who:
(1) teaches or demonstrates to any other person how to use or make any firearm, or explosive or incendiary device capable of causing injury or death, knowing or having reason to know that it will be unlawfully employed for use in, or in furtherance of, a civil disorder; or
(2) assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, or explosive or incendiary device capable of causing injury or death, with the intent that it be unlawfully employed for use in, or in furtherance of, a civil disorder.
(b) This section does not apply to law enforcement officers engaged in the lawful performance of the officer's official duties.
Subd. 2. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given them:
(1) "civil disorder" means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual;
(2) "firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon;
(3) "explosive or incendiary device" has the meaning given in section 609.668, subdivision 1; and
(4) "law enforcement officer" means any officer or employee of the United States, the state, or any political subdivision of the state, and specifically includes members of the National Guard and members of the armed forces of the United States.
Sec. 24. Minnesota Statutes 1994, section 609.713, subdivision 1, is amended to read:
Subdivision 1. Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime of violence" has the meaning given "violent crime" in section 609.152, subdivision 1, paragraph (d).
Sec. 25. Minnesota Statutes 1994, section 609.713, subdivision 2, is amended to read:
Subd. 2. Whoever communicates to another with purpose to terrorize another or in reckless disregard of the risk of causing such terror, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $3,000, or both.
Sec. 26. Minnesota Statutes 1994, section 617.80, subdivision 2, is amended to read:
Subd. 2. [BUILDING.] "Building" means a structure suitable for
human shelter, a commercial structure that is maintained for
business activities that involve human occupation, or any
portion of such structures the structure, or the land
surrounding the structure. If the building is a multiunit
dwelling, a hotel or motel, or a commercial or office building,
the term "building," for purposes of sections 617.80 to 617.87,
means only the portion of the building within or outside the
structure in which a nuisance is maintained or permitted, such as
a dwelling unit, room, suite of rooms, office, common area,
storage area, garage, or parking area.
Sec. 27. Minnesota Statutes 1994, section 617.80, subdivision 4, is amended to read:
Subd. 4. [PROSTITUTION.] "Prostitution" or
"prostitution-related offenses activity"
means the conduct defined in that would
violate sections 609.321 to 609.324.
Sec. 28. Minnesota Statutes 1994, section 617.80, subdivision 5, is amended to read:
Subd. 5. [GAMBLING.] "Gambling" or "gambling-related
offenses activity" means the conduct
described in that would violate sections 609.75 to
609.762.
Sec. 29. Minnesota Statutes 1994, section 617.80, subdivision 8, is amended to read:
Subd. 8. [INTERESTED PARTY.] "Interested party," for
purposes of sections 617.80 to 617.87, means any known
lessee or tenant of a building or affected portion of a building
and; any known agent of an owner, lessee, or
tenant; or any other person who maintains or permits a
nuisance and is known to the city attorney, county attorney, or
attorney general.
Sec. 30. Minnesota Statutes 1994, section 617.80, is amended by adding a subdivision to read:
Subd. 9. [PROSECUTING ATTORNEY.] "Prosecuting attorney" means the attorney general, county attorney, city attorney, or attorney serving the jurisdiction where the nuisance is located.
Sec. 31. Minnesota Statutes 1994, section 617.81, subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING A NUISANCE.] (a) For purposes of
sections 617.80 to 617.87, a public nuisance exists upon
proof of three or more misdemeanor convictions or two or more
convictions, of which at least one is a gross misdemeanor or
felony, within the previous two years for two or more
separate behavioral incidents of one or more of the following,
committed within the previous 12 months within the building, or
if the building contains more than one rental unit: (1) within a
single rental unit; or (2) within two or more rental units leased
or controlled by the same person:
(1) acts of prostitution or prostitution-related
offenses activity committed within the building;
(2) acts of gambling or gambling-related offenses
activity committed within the building;
(3) keeping or permitting a disorderly house within the building;
(4) unlawful sale or, possession, storage,
delivery, giving, manufacture, cultivation, or use of
controlled substances committed within the building;
(5) unlicensed sales of alcoholic beverages committed within the building in violation of section 340A.401;
(6) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of section 340A.503, subdivision 2, clause (1); or
(7) unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, committed within the building.
(b) A second or subsequent conviction under paragraph (a)
may be used to prove the existence of a nuisance if the conduct
on which the second or subsequent conviction is based occurred
within two years following the first conviction, regardless of
the date of the conviction for the second or subsequent
offense. Proof of a nuisance exists if each of the
elements of the conduct constituting the nuisance is established
by clear and convincing evidence.
Sec. 32. Minnesota Statutes 1994, section 617.81, is amended by adding a subdivision to read:
Subd. 4. [NOTICE.] (a) If a prosecuting attorney has reason to believe that a nuisance is maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to seek abatement of the nuisance, the prosecuting attorney shall provide the written notice described in paragraph (b), by personal service or certified mail, return receipt requested, to the owner and all interested parties known to the prosecuting attorney.
(b) The written notice must:
(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the building and must specify the kind or kinds of nuisance being maintained or permitted;
(2) summarize the evidence that a nuisance is maintained or permitted in the building, including the dates on which nuisance-related activities are alleged to have occurred;
(3) inform the recipient that failure to abate the conduct constituting the nuisance or to otherwise resolve the matter with the prosecuting attorney within 30 days of service of the notice may result in the filing of a complaint for relief in district court that could, among other remedies, result in enjoining the use of the building for any purpose for one year or, in the case of a tenant, could result in cancellation of the lease; and
(4) inform the owner of the options available under section 617.85.
Sec. 33. Minnesota Statutes 1994, section 617.82, is amended to read:
617.82 [TEMPORARY ORDER.]
Whenever a city attorney, county attorney, or the attorney
general prosecuting attorney has cause to believe that
a nuisance described in section 617.81, subdivision 2, exists
within the jurisdiction the attorney serves, that the
prosecuting attorney may by verified petition seek a
temporary injunction in district court in the county in which the
alleged public nuisance exists, provided that at least 30 days
have expired since service of the notice required under section
617.81, subdivision 4. No temporary injunction may be issued
without a prior show cause notice of hearing to the respondents
named in the petition and an opportunity for the respondents to
be heard. Upon proof of a nuisance described in section 617.81,
subdivision 2, the court shall issue a temporary injunction. Any
temporary injunction issued must describe the conduct to be
enjoined.
Sec. 34. Minnesota Statutes 1994, section 617.85, is amended to read:
617.85 [NUISANCE; MOTION TO CANCEL LEASE.]
Where notice is provided under section 617.81, subdivision 4, that an abatement of a nuisance is sought and the circumstances that are the basis for the requested abatement involved the acts of a commercial or residential tenant or lessee of part or all of a building, the owner of the building that is subject to the abatement proceeding may file before the court that has jurisdiction over the abatement proceeding a motion to cancel the lease or otherwise secure restitution of the premises from the tenant or lessee who has maintained or conducted the nuisance. The owner may assign to the prosecuting attorney the right to file this motion. In addition to the grounds provided in chapter 566, the maintaining or conducting of a nuisance as defined in section 617.81, subdivision 2, by a tenant or lessee, is an additional ground authorized by law for seeking the cancellation of a lease or the restitution of the premises. It is no defense to a motion under this section by the owner or the prosecuting attorney that the lease or other agreement controlling the tenancy or leasehold does not provide for eviction or cancellation of the lease upon the ground provided in this section.
Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the building
under the control of the tenant or lessee, the court shall
order cancellation of the lease or tenancy and grant restitution
of the premises to the owner. The court must not order abatement
of the premises if the court:
(a) upon the motion of the building owner cancels a
lease or tenancy and grants restitution of that portion of the
premises to the owner; and
(b) further finds that the acts constituting the nuisance as
defined in section 617.81, subdivision 2, were committed in a
portion of the building under the control of by the
tenant or lessee whose lease or tenancy has been canceled
pursuant to this section and the tenant or lessee was not
committing the acts in conjunction with or under the control of
the owner.
Sec. 35. Minnesota Statutes 1994, section 624.731, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section:
(a) "authorized tear gas compound" means a lachrymator or any substance composed of a mixture of a lachrymator including chloroacetophenone, alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or oleoresin capsicum, commonly known as tear gas; and
(b) "electronic incapacitation device" means a portable device
which is designed or intended by the manufacturer to be used,
offensively or defensively, to temporarily immobilize or
incapacitate persons by means of electric pulse or current,
including devices operating by means of carbon dioxide
propellant. "Electronic incapacitation device" does not
include cattle prods, electric fences, or other electric devices
which are when used in agricultural, animal
husbandry, or food production activities.
Sec. 36. Minnesota Statutes 1994, section 624.731, subdivision 8, is amended to read:
Subd. 8. [PENALTIES.] (a) The following violations of this section shall be considered a felony:
(1) The possession or use of tear gas, a tear gas compound, an authorized tear gas compound, or an electronic incapacitation device by a person specified in subdivision 3, paragraph (b).
(2) Knowingly selling or furnishing of tear gas, a tear gas compound, an authorized tear gas compound, or an electronic incapacitation device to a person specified in subdivision 3, paragraph (b).
(3) The use of an electronic incapacitation device as prohibited in subdivision 4, paragraph (a).
(4) The use of tear gas or a tear gas compound as prohibited in subdivision 4, paragraph (d).
(b) The following violation of this section shall be considered a gross misdemeanor: (1) The prohibited use of tear gas, a tear gas compound, or an authorized tear gas compound as specified in subdivision 4, paragraph (a); (2) the use of an electronic incapacitation device except as allowed by subdivision 2 or 6.
(c) The following violations of this section shall be considered a misdemeanor:
(1) The possession or use of tear gas, a tear gas compound, an authorized tear gas compound, or an electronic incapacitation device which fails to meet the requirements of subdivision 2 by any person except as allowed by subdivision 6.
(2) The possession or use of an authorized tear gas compound or an electronic incapacitation device by a person specified in subdivision 3, paragraph (a) or (c).
(3) The use of tear gas, a tear gas compound, or an
authorized tear gas compound, or an electronic incapacitation
device except as allowed by subdivision 2 or 6.
(4) Knowingly selling or furnishing an authorized tear gas compound or an electronic incapacitation device to a person specified in subdivision 3, paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas compound other than an authorized tear gas compound to any person except as allowed by subdivision 6.
(6) Selling or furnishing of an authorized tear gas compound or an electronic incapacitation device on premises where intoxicating liquor is sold on an on-sale or off-sale basis or where 3.2 percent malt liquor is sold on an on-sale basis.
(7) Selling an authorized tear gas compound or an electronic incapacitation device in violation of local licensing requirements.
Sec. 37. Minnesota Statutes 1994, section 626.13, is amended to read:
626.13 [SERVICE; PERSONS MAKING.]
A search warrant may in all cases be served anywhere within the issuing judge's county by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on the officer's requiring it, the officer being present and acting in its execution. If the warrant is to be served by an agent of the bureau of criminal apprehension, an agent of the division of gambling enforcement, a state patrol trooper, or a conservation officer, the agent, state patrol trooper, or conservation officer shall notify the chief of police of an organized full-time police department of the municipality or, if there is no such local chief of police, the sheriff or a deputy sheriff of the county in which service is to be made prior to execution.
Sec. 38. Minnesota Statutes 1994, section 626.53, is amended to read:
626.53 [REPORT BY TELEPHONE AND LETTER.]
Subdivision 1. [REPORTS TO SHERIFFS AND POLICE CHIEFS.] The report required by section 626.52, subdivision 2, shall be made forthwith by telephone or in person, and shall be promptly supplemented by letter, enclosed in a securely sealed, postpaid envelope, addressed to the sheriff of the county in which the wound is examined, dressed, or otherwise treated; except that, if the place in which the patient is treated for such injury or the patient's wound dressed or bandaged be in a city of the first, second, or third class, such report shall be made and transmitted as herein provided to the chief of police of such city instead of the sheriff. Except as otherwise provided in subdivision 2, the office of any such sheriff and of any such chief of police shall keep the report as a confidential communication and shall not disclose the name of the person making the same, and the party making the report shall not by reason thereof be subpoenaed, examined, or forced to testify in court as a consequence of having made such a report.
Subd. 2. [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving a report of a wound caused by or arising from the discharge of a firearm, the sheriff or chief of police shall forward the information contained in the report to the commissioner of health. The commissioner of health shall keep the report as a confidential communication, as provided under subdivision 1. The commissioner shall maintain a statewide, computerized record system containing summary data, as defined in section 13.02, on information received under this subdivision.
Sec. 39. Minnesota Statutes 1994, section 629.715, subdivision 1, is amended to read:
Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a person is arrested for a crime against the person, the judge before whom the arrested person is taken shall review the facts surrounding the arrest and detention. If the person was arrested or detained for committing a crime of violence, as defined in section 629.725, the prosecutor or other appropriate person shall present relevant information involving the victim or the victim's family's account of the alleged crime to the judge to be considered in determining the arrested person's release. The arrested person must be ordered released pending trial or hearing on the person's personal recognizance or on an order to appear or upon the execution of an unsecured bond in a specified amount unless the judge determines that release (1) will be inimical to public safety, (2) will create a threat of bodily harm to the arrested person, the victim of the alleged crime, or another, or (3) will not reasonably assure the appearance of the arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) is not advisable, the judge may impose any conditions of release that will reasonably assure the appearance of the person for subsequent proceedings, or will protect the victim of the alleged crime, or may fix the amount of money bail without other conditions upon which the arrested person may obtain release.
Sec. 40. [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial detention, the court shall make a reasonable and good faith effort to notify the victim of the alleged crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notification must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be contacted for additional information; and
(4) a statement that the victim and the victim's family may attend the review.
As used in this section, "crime of violence" has the meaning given it in section 624.712, subdivision 5, and also includes gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Sec. 41. [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is about to be released from pretrial detention, the agency having custody of the arrested or detained person or its designee shall make a reasonable and good faith effort before release to inform any local law enforcement agencies known to be involved in the case, if different from the agency having custody, of the following matters:
(1) the conditions of release, if any;
(2) the time of release; and
(3) the time, date, and place of the next scheduled court appearance of the arrested or detained person.
Sec. 42. [REPEALER.]
Minnesota Statutes 1994, section 617.81, subdivisions 2a and 3, are repealed.
Sec. 43. [EFFECTIVE DATES.]
Sections 1 to 6 and 9 to 42 are effective August 1, 1995, and apply to crimes committed on or after that date.
Sections 7 (343.235) and 8 (343.29) are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to crime; clarifying language relating to controlled substance and certain other crimes; clarifying the elements of murder in the first degree, witness tampering, and burglary in the first degree; providing that a motor vehicle is subject to forfeiture if it was used to flee a peace officer in violation of law; providing procedures for prosecuting attorneys to follow when filing complaints against owners whose buildings are alleged nuisances; amending the elements of manslaughter in the first degree, manslaughter in the second degree, and receiving profits from prostitution; requiring reports on wounds received from gunshots; expanding the definition of electronic incapacitation device and increasing the penalty for its unauthorized use; authorizing sentencing courts to order the payment of restitution to victim assistance programs; providing penalties for engaging in certain acts relating to civil disorders; clarifying the definition of "theft"; clarifying the prerequisites for obtaining a search warrant; adding a fine provision to the terroristic threats crime; authorizing peace officers to detain probationers based on an order from the chief executive officer of a community corrections agency; requiring certain information to be gathered from crime victims and presented at bail hearings; requiring notification to certain victims of bail hearings; requiring notification to local law enforcement agencies of the pretrial release of certain defendants; codifying the establishment of a criminal alert network; prohibiting the dissemination of false or misleading information on the criminal alert network; clarifying procedures governing disposition of seized animals; providing penalties; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 343.235; 343.29, subdivision 1; 401.02, subdivision 4; 609.10; 609.125; 609.185; 609.20; 609.205; 609.323, subdivisions 2, 3, and by adding a subdivision; 609.498, subdivision 1; 609.52, subdivision 1; 609.5312, by adding a subdivision; 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 617.80, subdivisions 2, 4, 5, 8, and by adding a subdivision; 617.81, subdivision 2, and by adding a subdivision; 617.82; 617.85; 624.731, subdivisions 1 and 8; 626.13; 626.53; and 629.715, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 299A; 609; and 629; repealing Minnesota Statutes 1994, sections 617.81, subdivisions 2a and 3."
We request adoption of this report and repassage of the bill.
House Conferees: Wesley J. "Wes" Skoglund, Thomas Pugh and Jim Rhodes.
Senate Conferees: Ellen R. Anderson, Jane B. Ranum and Warren Limmer.
Skoglund moved that the report of the Conference Committee on H. F. No. 980 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 980, A bill for an act relating to crime; clarifying language relating to controlled substance and certain other crimes; making it manslaughter in the first degree to cause the death of a child by malicious punishment under certain circumstances; making it manslaughter in the second degree to cause the death of a child by endangerment under certain circumstances; providing that a motor vehicle is subject to forfeiture if it was used to flee a peace officer in violation of law; imposing a fine for the crime of terroristic threats; providing procedures for prosecuting attorneys to follow when filing complaints against owners whose buildings are alleged nuisances; authorizing the court to issue orders of abatement that close buildings for two years or more when the buildings are declared to be nuisances a second time; providing penalties; amending Minnesota Statutes 1994, sections 152.021, subdivision 3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, subdivision 3; 401.02, subdivision 4; 609.10; 609.125; 609.185; 609.20; 609.205; 609.323, subdivisions 2, 3, and by adding a subdivision; 609.498, subdivision 1; 609.52, subdivision 1; 609.5312, by adding a subdivision; 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 617.80, subdivisions 2, 4, 5, 8, and by adding a subdivision; 617.81, subdivisions 1, 2, and by adding a subdivision; 617.82; 617.83; 617.84; 617.85; 617.87; 626.13; proposing coding for new law in Minnesota Statutes, chapter 617; repealing Minnesota Statutes 1994, section 617.81, subdivisions 2a and 3.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 110 yeas and 24 nays as follows:
Those who voted in the affirmative were:
Abrams Finseth Leighton Orenstein Solberg Anderson, R. Garcia Leppik Orfield Stanek Bakk Goodno Lieder Osskopp Swenson, D. Bettermann Greenfield Long Osthoff Sykora Bishop Greiling Lourey Ostrom Tomassoni Bradley Haas Luther Ozment Trimble Broecker Harder Lynch Paulsen Tuma Brown Hausman Mahon Pawlenty Tunheim Carlson Holsten Mares Pellow Van Dellen Carruthers Hugoson Mariani Pelowski Van Engen Clark Huntley Marko Perlt Vickerman Commers Jaros McCollum Peterson Wagenius Cooper Jefferson McElroy Pugh Warkentin Dauner Jennings McGuire Rest Weaver Davids Johnson, A. Milbert Rhodes Wejcman Dawkins Johnson, R. Molnau Rice Winter Dehler Johnson, V. Munger Rukavina Wolf Delmont Kahn Murphy Sarna Sp.Anderson,I Dempsey Kelley Ness Schumacher Dorn Kelso Olson, E. Seagren Entenza Knoblach Olson, M. Simoneau Erhardt Koppendrayer Onnen Skoglund Farrell Larsen Opatz SmithThose who voted in the negative were:
Anderson, B. Girard Knight Mulder Tompkins Bertram Hackbarth Kraus Otremba Wenzel Boudreau Hasskamp Krinkie Rostberg Worke Daggett Kalis Lindner Sviggum Workman Frerichs Kinkel Macklin Swenson, H.The bill was repassed, as amended by Conference, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1122.
S. F. No. 1122 was reported to the House.
Hausman and Solberg moved to amend S. F. No. 1122, the unofficial engrossment, as follows:
Page 3, line 4, after the period, insert "The commissioner shall transfer funds to the commissioner of revenue sufficient to cover administrative costs pursuant to paragraph (a), clause (4)."
Page 6, line 23, after the period, insert "Any additional amounts appropriated from the general fund shall also be reimbursed from the drycleaner environmental response and reimbursement account within the biennium in which the funds were appropriated."
The motion prevailed and the amendment was adopted.
S. F. No. 1122, A bill for an act relating to the environment; establishing a program for funding response actions to address environmental contamination from drycleaning facilities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115B.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Kraus Opatz Stanek Anderson, B. Garcia Larsen Orenstein Sviggum Anderson, R. Girard Leighton Orfield Swenson, D. Bakk Goodno Leppik Osskopp Swenson, H. Bertram Greenfield Lieder Osthoff Sykora Bettermann Greiling Lindner Ostrom Tomassoni Bishop Haas Long Otremba Tompkins Boudreau Hackbarth Lourey Ozment Trimble Bradley Harder Luther Paulsen Tuma Broecker Hasskamp Lynch Pawlenty Tunheim Brown Hausman Macklin Pellow Van Dellen Carlson Holsten Mahon Pelowski Van Engen Carruthers Hugoson Mares Perlt Vickerman Clark Huntley Mariani Peterson Wagenius Commers Jaros Marko Pugh Warkentin Cooper Jefferson McCollum Rest Weaver Daggett Jennings McElroy Rhodes Wejcman Dauner Johnson, A. McGuire Rice Wenzel Davids Johnson, R. Milbert Rostberg Winter Dawkins Johnson, V. Molnau Rukavina Wolf Dehler Kahn Mulder Sarna Worke Delmont Kalis Munger Schumacher Workman Dempsey Kelley Murphy Seagren Sp.Anderson,I Dorn Kelso Ness Simoneau Erhardt Kinkel Olson, E. Skoglund Farrell Knoblach Olson, M. Smith Finseth Koppendrayer Onnen SolbergThose who voted in the negative were:
Knight KrinkieThe bill was passed, as amended, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1280.
S. F. No. 1280, A bill for an act relating to state lands; authorizing public sale of certain tax-forfeited land that borders public water in Meeker county.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Garcia Krinkie Opatz Stanek Anderson, B. Girard Larsen Orenstein Sviggum Anderson, R. Goodno Leighton Orfield Swenson, D. Bakk Greenfield Leppik Osskopp Swenson, H. Bertram Greiling Lieder Osthoff Sykora Bettermann Haas Lindner Ostrom Tomassoni Bishop Hackbarth Long Otremba Tompkins Boudreau Harder Lourey Ozment Tuma Bradley Hasskamp Luther Paulsen Tunheim Broecker Holsten Lynch Pawlenty Van Dellen Brown Hugoson Macklin Pellow Van Engen Carlson Huntley Mahon Pelowski Vickerman Carruthers Jaros Mares Perlt Wagenius Clark Jefferson Mariani Peterson Warkentin Commers Jennings Marko Pugh Weaver Cooper Johnson, A. McCollum Rest Wejcman Daggett Johnson, R. McElroy Rhodes Wenzel Davids Johnson, V. McGuire Rice Winter Dehler Kahn Milbert Rostberg Wolf Delmont Kalis Molnau Rukavina Worke Dempsey Kelley Mulder Sarna Workman Dorn Kelso Munger Schumacher Sp.Anderson,I Entenza Kinkel Murphy Seagren Erhardt Knight Ness Simoneau Farrell Knoblach Olson, E. Skoglund Finseth Koppendrayer Olson, M. Smith Frerichs Kraus Onnen SolbergThose who voted in the negative were:
Hausman TrimbleThe bill was passed and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 259.
S. F. No. 259 was reported to the House.
Weaver moved to amend S. F. No. 259 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [72A.139] [USE OF GENETIC TESTS.]
Subdivision 1. [NAME AND CITATION.] This section shall be known and may be cited as the "genetic discrimination act."
Subd. 2. [DEFINITIONS.] (a) As used in this section, "commissioner" means the commissioner of commerce for health plan companies and other insurers regulated by that commissioner and the commissioner of health for health plan companies regulated by that commissioner.
(b) As used in this section, a "genetic test" means a presymptomatic test of a person's genes, gene products, or chromosomes for the purpose of determining the presence or absence of a gene or genes that exhibit abnormalities, defects, or deficiencies, including carrier status, that are known to be the cause of a disease or disorder, or are determined to be associated with a statistically increased risk of development of a disease or disorder. "Genetic test" does not include a cholesterol test or other test not conducted for the purpose of determining the presence or absence of a person's gene or genes.
(c) As used in this section, "health plan" has the meaning given in section 62Q.01, subdivision 3.
(d) As used in this section, "health plan company" has the meaning given in section 62Q.01, subdivision 4.
(e) As used in this section, "individual" means an applicant for coverage or a person already covered by the health plan company or other insurer.
Subd. 3. [PROHIBITED ACTS; HEALTH PLAN COMPANIES.] A health plan company, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, shall not, in connection with the offer, sale, or renewal of a health plan:
(1) require or request an individual or a blood relative of the individual to take a genetic test;
(2) make any inquiry to determine whether an individual or a blood relative of the individual has taken or refused a genetic test, or what the results of any such test were;
(3) take into consideration the fact that a genetic test was taken or refused by an individual or blood relative of the individual; or
(4) take into consideration the results of a genetic test taken by an individual or a blood relative of the individual.
Subd. 4. [INFORMED CONSENT.] If an individual agrees to take a genetic test, the life insurance company or fraternal benefit society shall obtain the individual's written informed consent for the test. Written informed consent must include, at a minimum, a description of the specific test to be performed; its purpose, potential uses, and limitations; the meaning of its results; and the right to confidential treatment of the results. The written informed consent must inform the individual that the individual should consider consulting with a genetic counselor prior to taking the test and must state whether the insurer will pay for any such consultation. An informed consent disclosure form must be approved by the commissioner prior to its use.
Subd. 5. [NOTIFICATION.] The life insurance company or fraternal benefit society shall notify an individual of a genetic test result by notifying the individual or the individual's designated physician. If the individual tested has not given written consent authorizing a physician to receive the test results, the individual must be urged, at the time that the individual is informed of the genetic test result described in this subdivision, to contact a genetic counselor or other health care professional.
Subd. 6. [PAYMENT FOR TEST.] A life insurance company or fraternal benefit society shall not request an individual to take a genetic test unless the cost of the test is paid by the life insurance company or fraternal benefit society.
Subd. 7. [ENFORCEMENT.] A violation of this section is subject to the investigative and enforcement authority of the commissioner, who shall enforce this section.
Sec. 2. [EFFECTIVE DATE; APPLICABILITY.]
Section 1 is effective January 1, 1996, and applies to applications for coverage made on or after that date and to policies, contracts, and certificates issued or renewed on or after that date to provide coverage to Minnesota residents."
Delete the title and insert:
"A bill for an act relating to insurance; regulating the use of genetic testing and genetic characteristics by insurers; proposing coding for new law in Minnesota Statutes, chapter 72A."
The motion prevailed and the amendment was adopted.
Weaver moved to amend S. F. No. 259, as amended, as follows:
Page 2, after line 21, insert:
"Subd. 4. [APPLICATION.] Subdivisions 5, 6, and 7 apply only to a life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability under a policy of life insurance."
Renumber subsequent subdivisions
Page 3, line 9, delete "request" and insert "require"
Page 3, line 10, delete "take" and insert "submit to"
Amend the title as follows:
Page 1, line 3, delete "and genetic characteristics"
The motion prevailed and the amendment was adopted.
S. F. No. 259, A bill for an act relating to insurance; regulating the use of genetic testing by insurers; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abrams Frerichs Koppendrayer Olson, M. Solberg Anderson, B. Garcia Kraus Onnen Stanek Anderson, R. Girard Krinkie Opatz Swenson, D. Bakk Goodno Larsen Orenstein Swenson, H. Bertram Greenfield Leighton Orfield Sykora Bettermann Greiling Leppik Osskopp Tomassoni Bishop Haas Lieder Osthoff Tompkins Boudreau Hackbarth Lindner Ostrom Trimble Bradley Harder Long Otremba Tuma Broecker Hasskamp Lourey Ozment Tunheim Brown Hausman Luther Paulsen Van Dellen Carlson Holsten Lynch Pawlenty Van Engen Carruthers Hugoson Macklin Pellow Vickerman Clark Huntley Mahon Pelowski Wagenius Commers Jaros Mares Perlt Warkentin Cooper Jefferson Mariani Peterson Weaver Daggett Jennings Marko Pugh Wejcman Dauner Johnson, A. McCollum Rest Wenzel Dawkins Johnson, R. McElroy Rhodes Winter Dehler Johnson, V. McGuire Rostberg Wolf Delmont Kahn Milbert Rukavina Worke Dempsey Kalis Molnau Sarna Workman Dorn Kelley Mulder Schumacher Sp.Anderson,I Entenza Kelso Munger Seagren Erhardt Kinkel Murphy Simoneau Farrell Knight Ness Skoglund Finseth Knoblach Olson, E. SmithThose who voted in the negative were:
Davids SviggumThe bill was passed, as amended, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 1220.
H. F. No. 1220 was reported to the House.
Sviggum raised a point of order pursuant to Joint Rule 2.03. The Speaker ruled the point of order not well taken.
On the motion of Carruthers and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
Abrams Farrell Knoblach Onnen Stanek Anderson, B. Finseth Koppendrayer Opatz Sviggum Anderson, R. Frerichs Kraus Orenstein Swenson, D. Bakk Garcia Krinkie Orfield Swenson, H. Bertram Girard Larsen Osskopp Sykora Bettermann Goodno Leighton Ostrom Tomassoni Bishop Greenfield Leppik Otremba Tompkins Boudreau Haas Lieder Ozment Trimble Bradley Hackbarth Lindner Paulsen Tuma Broecker Harder Lourey Pawlenty Tunheim Brown Hasskamp Luther Pellow Van Dellen Carlson Hausman Macklin Pelowski Van Engen Carruthers Holsten Mahon Perlt Vickerman Clark Hugoson Mares Peterson Wagenius Commers Huntley Mariani Rest Warkentin Cooper Jaros Marko Rhodes Weaver Daggett Jefferson McCollum Rice Wejcman Dauner Jennings McElroy Rostberg Wenzel Davids Johnson, A. McGuire Rukavina Winter Dawkins Johnson, R. Molnau Sarna Wolf Dehler Johnson, V. Mulder Schumacher Worke Delmont Kahn Munger Seagren Workman Dempsey Kalis Murphy Simoneau Sp.Anderson,I Dorn Kelley Ness Skoglund Entenza Kinkel Olson, E. Smith Erhardt Knight Olson, M. SolbergCarruthers moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Johnson, A.; Carlson; Entenza; Ness and Bertram moved to amend H. F. No. 1220, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
Section 1. Minnesota Statutes 1994, section 121.904, subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax settlement revenue" means the current, delinquent, and manufactured home property tax receipts collected by the county and distributed to the school district, including distributions made pursuant to section 279.37, subdivision 7, and excluding the amount levied pursuant to section 124.914, subdivision 1.
(b) In June of each year, the school district shall recognize as revenue, in the fund for which the levy was made, the lesser of:
(1) the May, June, and July school district tax settlement revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in section
124.155, subdivision 2, which are for the fiscal year payable in
that fiscal year plus an amount equal to the levy recognized as
revenue in June of the prior year plus 37.4 48
percent for fiscal year 1994 1996 and thereafter of
the amount of the levy certified in the prior calendar year
according to section 124A.03, subdivision 2, plus or minus
auditor's adjustments, not including levy portions that are
assumed by the state; or
(3) 37.4 48 percent for fiscal year 1994
1996 and thereafter of the amount of the levy certified in
the prior calendar year, plus or minus auditor's adjustments, not
including levy portions that are assumed by the state, which
remains after subtracting, by fund, the amounts levied for the
following purposes:
(i) reducing or eliminating projected deficits in the reserved fund balance accounts for unemployment insurance and bus purchases;
(ii) statutory operating debt pursuant to section 124.914, subdivision 1;
(iii) retirement and severance pay pursuant to sections 122.531, subdivision 9, 124.2725, subdivision 15, 124.4945, 124.912, subdivision 1, and 124.916, subdivision 3, and Laws 1975, chapter 261, section 4;
(iv) amounts levied for bonds issued and interest thereon, amounts levied for debt service loans and capital loans, amounts levied for down payments under section 124.82, subdivision 3, and amounts levied pursuant to section 136C.411; and
(v) amounts levied under section 124.755.
(c) In July of each year, the school district shall recognize as revenue that portion of the school district tax settlement revenue received in that calendar year and not recognized as revenue for the previous fiscal year pursuant to clause (b).
(d) All other school district tax settlement revenue shall be recognized as revenue in the fiscal year of the settlement. Portions of the school district levy assumed by the state, including prior year adjustments and the amount to fund the school portion of the reimbursement made pursuant to section 273.425, shall be recognized as revenue in the fiscal year beginning in the calendar year for which the levy is payable.
Sec. 2. Minnesota Statutes 1994, section 121.904, subdivision 4c, is amended to read:
Subd. 4c. [PROPERTY TAX SHIFT REDUCTION CHANGE IN
LEVY RECOGNITION PERCENT.] (a) Money appropriated under
section 16A.152, subdivision 2, must be used to reduce the levy
recognition percent specified in subdivision 4a, clauses (b)(2)
and (b)(3), for taxes payable in the succeeding calendar year.
(b) The levy recognition percent shall equal the result of the following computation: the current levy recognition percent, times the ratio of
(1) the statewide total amount of levy recognized in June of the year in which the taxes are payable pursuant to subdivision 4a, clause (b), excluding those levies that are shifted for revenue recognition but are not included in the computation of the adjustment to aids under section 124.155, subdivision 1, reduced by the difference between the amount of money appropriated under section 16A.152, subdivision 2, and the amount required for the adjustment payment under clause (d), to
(2) the statewide total amount of the levy recognized in June of the year in which the taxes are payable pursuant to subdivision 4a, clause (b), excluding those levies that are shifted for revenue recognition but are not included in the computation of the adjustment to aids under section 124.155, subdivision 1.
The result shall be rounded up to the nearest one-tenth of a percent. However, in no case shall the levy recognition percent be reduced below zero or increased above the current levy recognition percent.
(c) The commissioner of finance must certify to the commissioner of education the levy recognition percent computed under this subdivision by January 5 of each year. The commissioner of education must notify school districts of a change in the levy recognition percent by January 15.
(d) For fiscal years 1994 and 1995, When the levy
recognition percent is increased or decreased as provided in this
subdivision, a special aid adjustment shall be made to each
school district with an operating referendum levy:
(i) When the levy recognition percent is increased from the prior fiscal year, the commissioner of education shall calculate the difference between (1) the amount of the levy under section 124A.03, that is recognized as revenue for the current fiscal year according to subdivision 4a; and (2) the amount of the levy, under section 124A.03, that would have been recognized as revenue for the current fiscal year had the percentage according to subdivision 4a, not been increased. The commissioner shall reduce other aids due the district by the amount of the difference. This aid reduction shall be in addition to the aid reduction required because of the increase pursuant to this subdivision of the levy recognition percent.
(ii) When the levy recognition percent is reduced as
provided in this subdivision from the prior fiscal
year, a special adjustment payment shall be made to each
school district with an operating referendum levy that received
an aid reduction under Laws 1991, chapter 265, article 1,
section 31, or Laws 1992, chapter 499, article 1, section 22
when the levy recognition percent was last increased. The
special adjustment payment shall be in addition to the additional
payments required because of the reduction pursuant to this
subdivision of the levy recognition percent. The amount of the
special adjustment payment shall be computed by the commissioner
of education such that any remaining portion of the aid reduction
these districts received that has not been repaid is repaid on a
proportionate basis as the levy recognition percent is reduced
from 50 percent to 31 percent. The special adjustment payment
must be included in the state aid payments to school districts
according to the schedule specified in section 124.195,
subdivision 3. An additional adjustment shall be made on June
30, 1995, for the final payment otherwise due July 1, 1995, under
Minnesota Statutes 1992, section 136C.36.
(e) The commissioner of finance shall transfer from the general fund to the education aids appropriations specified by the commissioner of education, the amounts needed to finance the additional payments required because of the reduction pursuant to this subdivision of the levy recognition percent. Payments to a school district of additional state aids resulting from a reduction in the levy recognition percent must be included in the cash metering of payments made according to section 124.195 after January 15, and must be paid in a manner consistent with the percent specified in that section.
Sec. 3. Minnesota Statutes 1994, section 122.532, subdivision 3a, is amended to read:
Subd. 3a. [INTERIM CONTRACTUAL AGREEMENTS.] (a) Until a successor contract is executed between the new school board and the exclusive representative of the teachers of the new district, the school boards of both districts and the exclusive representatives of the teachers of both districts may agree:
(1) to comply with the contract of either district with respect to all of the teachers assigned to the new district; or
(2) that each of the contracts shall apply to the teachers previously subject to the respective contract.
(b) In the absence of an agreement according to paragraph (a), the following shall apply:
(1) if the effective date is July 1 of an even-numbered year, each of the contracts shall apply to the teachers previously subject to the respective contract and shall be binding on the new school board; or
(2) if the effective date is July 1 of an odd-numbered year, the contract of the district that previously employed the largest proportion of teachers assigned to the new district applies to all of the teachers assigned to the new district and shall be binding on the new school board. The application of this section shall not result in a reduction in a teacher's basic salary, payments for cocurricular or extracurricular assignments, district contributions toward insurance coverages or tax-sheltered annuities, leaves of absence, or severance pay until a successor contract is executed between the new school board and the exclusive representative.
Sec. 4. Minnesota Statutes 1994, section 124.06, is amended to read:
124.06 [INSUFFICIENT FUNDS TO PAY ORDERS.]
(a) In the event that a district or a cooperative
unit defined in section 123.35, subdivision 19b, has
insufficient funds to pay its usual lawful current obligations,
subject to section 471.69, the board may enter into agreements
with banks or any person to take its orders at any rate of
interest not to exceed six percent per annum. Any order
drawn after having been presented to the treasurer for payment
and not paid for want of funds shall be endorsed by the treasurer
by putting on the back thereof the words "not paid for want of
funds," giving the date of endorsement and signed by the
treasurer. A record of such presentment, nonpayment and
endorsement shall be made by the treasurer. Every such order
shall bear interest at the rate of not to exceed six percent per
annum from the date of such presentment. The treasurer shall
serve a written notice upon the payee or the payee's assignee,
personally, or by mail, when the treasurer is prepared to pay
such orders; such notice may be directed to the payee or the
payee's assignee at the address given in writing by such payee or
assignee to such treasurer, at any time prior to the service of
such notice. No order shall draw any interest if such address is
not given when the same is unknown to the treasurer, and no order
shall draw any interest after the service of such notice.
(b) A district may enter, subject to section 471.69, into a line of credit agreement with a financial institution. The amount of credit available must not exceed 95 percent of average expenditure per month of operating expenditures in the previous fiscal year. Any amount advanced must be repaid no later than 45 days after the day of advancement.
Sec. 5. Minnesota Statutes 1994, section 124.155, subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in subdivision 1 shall be used to adjust the following state aids and credits in the order listed:
(1) general education aid authorized in sections 124A.23 and 124B.20;
(2) secondary vocational aid authorized in section 124.573;
(3) special education aid authorized in section 124.32;
(4) secondary vocational aid for children with a disability authorized in section 124.574;
(5) aid for pupils of limited English proficiency authorized in section 124.273;
(6) transportation aid authorized in section 124.225;
(7) community education programs aid authorized in section 124.2713;
(8) adult education aid authorized in section 124.26;
(9) early childhood family education aid authorized in section 124.2711;
(10) capital expenditure aid authorized in sections 124.243, 124.244, and 124.83;
(11) school district cooperation aid authorized in section 124.2727;
(12) assurance of mastery aid according to section 124.311;
(13) homestead and agricultural credit aid, disparity credit and aid, and changes to credits for prior year adjustments according to section 273.1398, subdivisions 2, 3, 4, and 7;
(14) attached machinery aid authorized in section 273.138,
subdivision 3; and
(15) alternative delivery aid authorized in section 124.322;
(16) special education equalization aid authorized in section 124.321;
(17) special education excess cost aid authorized in section 124.323;
(18) learning readiness aid authorized in section 124.2615;
(19) cooperation-combination aid authorized in section 124.2725; and
(20) district cooperation revenue aid authorized in section 124.2727.
(b) The commissioner of education shall schedule the timing of the adjustments to state aids and credits specified in subdivision 1, as close to the end of the fiscal year as possible.
Sec. 6. Minnesota Statutes 1994, section 124.17, subdivision 1, is amended to read:
Subdivision 1. [PUPIL UNIT.] Pupil units for each resident pupil in average daily membership shall be counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled
for the entire fiscal year in a program approved by the
commissioner and has an individual education plan that
requires up to 437 hours of assessment and education services in
the fiscal year is counted as one-half of a pupil unit. If the
plan requires more than 437 hours of assessment and education
services, the pupil is counted as the ratio of the number of
hours of assessment and education service to 875 825
with a minimum of 0.28, but not more than one.
(b) A prekindergarten pupil with a disability who is
enrolled for less than the entire fiscal year in a program
approved by the commissioner is counted as the greater of:
(1) one-half times the ratio of the number of instructional
days from the date the pupil is enrolled to the date the pupil
withdraws to the number of instructional days in the school year;
or
(2) the ratio of the number of hours of assessment and
education service required in the fiscal year by the pupil's
individual education program plan to 875, but not more than
one.
(c) A prekindergarten pupil who is assessed but
determined not to be handicapped is counted as the ratio of the
number of hours of assessment service to 875
825.
(d) (c) A kindergarten pupil with a disability
who is enrolled in a program approved by the commissioner is
counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's
individual education program plan to 875, but not more than
one.
(e) (d) A kindergarten pupil who is not included
in paragraph (d) (c) is counted as .515 of a
pupil unit for fiscal year 1994 and .53 of a pupil unit for
fiscal year 1995 and thereafter.
(f) (e) A pupil who is in any of grades 1 to 6 is
counted as 1.03 pupil units for fiscal year 1994 and 1.06
pupil units for fiscal year 1995 and thereafter.
(g) (f) A pupil who is in any of grades 7 to 12
is counted as 1.3 pupil units.
(h) (g) A pupil who is in the post-secondary
enrollment options program is counted as 1.3 pupil units.
Sec. 7. Minnesota Statutes 1994, section 124.17, is amended by adding a subdivision to read:
Subd. 1f. [AFDC ENROLLMENT OPTIONS EXCEPTION.] Notwithstanding subdivision 1d, AFDC pupil units for AFDC pupils transferring between a school district with a desegregation plan and another school district under sections 120.062, 120.075 to 120.0752, 124C.45 to 124C.48, and 126.22 shall be computed using the AFDC concentration percentage computed for the pupil's district of residence.
Sec. 8. Minnesota Statutes 1994, section 124.17, is amended by adding a subdivision to read:
Subd. 1g. [FUND BALANCE PUPIL UNITS.] Fund balance pupil units must be computed separately for kindergarten pupils, elementary pupils in grades 1 to 6, and secondary pupils in grades 7 to 12. Total fund balance pupil units means the sum of kindergarten, elementary, and secondary fund balance pupil units. Fund balance pupil units for each category means the number of resident pupil units in average daily membership, including shared time pupil units, according to section 124A.02, subdivision 20, plus
(1) pupils attending the district for which general education aid adjustments are made according to section 124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other districts for which general education aid adjustments are made according to section 124A.036, subdivision 5, plus pupils for whom payment is made according to section 126.22, subdivision 8, or 126.23.
Sec. 9. Minnesota Statutes 1994, section 124.17, subdivision 2f, is amended to read:
Subd. 2f. [PSEO PUPILS.] The average daily membership for a
student pupil participating in the post-secondary
enrollment options program equals the lesser of
(1) (a) 1.00, or
(2) (b) the greater of
(i) (1) .12, or
(ii) (2) the ratio of (i) the sum of the
number of instructional hours the student pupil is
enrolled in the secondary school to the product of the number
of days required in section 120.101, subdivision 5b, times the
minimum length of day required in Minnesota Rules, part
3500.1500, subpart 1 during quarters, trimesters, or
semesters during which the pupil participates in PSEO, and hours
enrolled in the secondary school during the remainder of the
school year, to (ii) the actual number of instructional days in
the school year times the length of day in the school.
Sec. 10. Minnesota Statutes 1994, section 124.195, is amended by adding a subdivision to read:
Subd. 3c. [CASH FLOW WAIVER.] For any district exceeding its expenditure limitations under section 121.917, and if requested by the district, the commissioner of education, in consultation with the commissioner of finance, and a school district may negotiate a cash flow payment schedule under subdivision 3 corresponding to the district's cash flow needs so as to minimize the district's short-term borrowing needs.
Sec. 11. Minnesota Statutes 1994, section 124.195, subdivision 10, is amended to read:
Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in
subdivisions 8, 9, and 11, each fiscal year, all education aids
and credits in this chapter and chapters 121, 123, 124A, 124B,
125, 126, 134, and section 273.1392, shall be paid at 90 percent
for districts operating a program under section 121.585 for
grades 1 to 12 for all students in the district and 85 percent
for other districts of the estimated entitlement during the
fiscal year of the entitlement, unless a higher rate has been
established according to section 121.904, subdivision 4d.
Districts operating a program under section 121.585 for grades
1 to 12 for all students in the district shall receive 85 percent
of the estimated entitlement plus an additional amount of general
education aid equal to five percent of the estimated entitlement.
For all districts, the final adjustment payment, according to
subdivision 6, shall be the amount of the actual entitlement,
after adjustment for actual data, minus the payments made during
the fiscal year of the entitlement shall be paid as the final
adjustment payment according to subdivision 6.
Sec. 12. Minnesota Statutes 1994, section 124.195, is amended by adding a subdivision to read:
Subd. 14. [EDUCATION AIDS CASH FLOW ACCOUNT.] (a) An education aids cash flow account is established in the state treasury for the purpose of ensuring the timely payment of state aids or credits to school districts as provided in this section. In the event the account balance in any appropriation from the general fund to the
department of education for education aids or credits is insufficient to make the next scheduled payment or payments, the commissioner of education is authorized to transfer funds from the education aids cash flow account to the accounts that are insufficient.
(b) For purposes of this subdivision, an account may have an insufficient balance only as a result of some districts being overpaid based on revised estimates for the relevant annual aid or credit entitlements. When the overpayment amounts are recovered from the pertinent districts, the commissioner of education shall transfer those amounts to the education aids cash flow account. The commissioner shall determine when it is not feasible to recover the overpayments in a timely manner from the district's future aid payments and notify the district of the amount that is to be refunded to the state. School districts are encouraged to make such refunds promptly. The commissioner may approve a schedule for making a refund when a district demonstrates that its cash flow is inadequate to promptly make the refund in full.
(c) There is annually appropriated from the general fund to the education aids cash flow account the additional amount necessary to ensure the timely payment of state aids or credits to school districts as provided in this section. For any fiscal year, the appropriation authorized in this subdivision shall not exceed an amount equal to two-tenths of one percent of the total general fund appropriations in that year for education aids and credits. At the close of each fiscal year, the amount of actual transfers plus anticipated transfers required in paragraph (b) shall equal the authorized amounts transferred in paragraph (a) so that the net effect on total general fund spending for education aids and credits is zero.
Sec. 13. Minnesota Statutes 1994, section 124.2139, is amended to read:
124.2139 [REDUCTION OF PAYMENTS TO SCHOOL DISTRICTS.]
The commissioner of revenue shall reduce the sum of the additional transition credit, homestead and agricultural credit aid, and disparity reduction aid payments under section 273.1398 made to school districts by the product of:
(1) the district's fiscal year 1984 payroll for coordinated plan members of the public employees retirement association other than technical college employees, times
(2) the difference between the employer contribution rate in effect prior to July 1, 1984, and the total employer contribution rate in effect after June 30, 1984.
Sec. 14. Minnesota Statutes 1994, section 124.918, subdivision 1, is amended to read:
Subdivision 1. [CERTIFY LEVY LIMITS.] By September 1
8, the commissioner shall notify the school districts of
their levy limits. The commissioner shall certify to the county
auditors the levy limits for all school districts headquartered
in the respective counties together with adjustments for errors
in levies not penalized pursuant to section 124.918, subdivision
3, as well as adjustments to final pupil unit counts. A school
district may require the commissioner to review the certification
and to present evidence in support of modification of the
certification.
The county auditor shall reduce levies for any excess of levies over levy limitations pursuant to section 275.16. Such reduction in excess levies may, at the discretion of the school district, be spread over two calendar years.
Sec. 15. Minnesota Statutes 1994, section 124.918, subdivision 2, is amended to read:
Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By September
15 30 of each year each district shall notify the
commissioner of education of the proposed levies in compliance
with the levy limitations of this chapter and chapters 124A,
124B, 136C, and 136D. By January 15 of each year each district
shall notify the commissioner of education of the final levies
certified. The commissioner of education shall prescribe the
form of these notifications and may request any additional
information necessary to compute certified levy amounts.
Sec. 16. Minnesota Statutes 1994, section 124A.03, subdivision 1g, is amended to read:
Subd. 1g. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal year 1996, a district's referendum equalization levy equals the district's referendum equalization revenue times the lesser of one or the ratio of the district's adjusted net tax capacity per actual pupil unit to 100 percent of the equalizing factor as defined in section 124A.02, subdivision 8.
(b) For fiscal year 1997 and thereafter, a district's referendum equalization levy for a referendum levied against the referendum market value of all taxable property as defined in section 124A.02, subdivision 3b, equals the district's referendum equalization revenue times the lesser of one or the ratio of the district's referendum market value per actual pupil unit to $476,000.
(c) For fiscal year 1997 and thereafter, a district's referendum equalization levy for a referendum levied against the net tax capacity of all taxable property equals the district's referendum equalization revenue times the lesser of one or the ratio of the district's adjusted net tax capacity per actual pupil unit to 100 percent of the equalizing factor for that year.
Sec. 17. Minnesota Statutes 1994, section 124A.03, subdivision 1h, is amended to read:
Subd. 1h. [REFERENDUM EQUALIZATION AID.] (a) A district's referendum equalization aid equals the difference between its referendum equalization revenue and levy.
(b) For fiscal year 1993, a district's referendum
equalization aid is equal to one-third of the amount calculated
in clause (a).
(c) For fiscal year 1994, a district's referendum
equalization aid is equal to two-thirds of the amount calculated
in clause (a).
(d) If a district's actual levy for referendum
equalization revenue is less than its maximum levy limit, aid
shall be proportionately reduced.
Sec. 18. Minnesota Statutes 1994, section 124A.03, subdivision 2, is amended to read:
Subd. 2. [REFERENDUM REVENUE.] (a) The revenue authorized by
section 124A.22, subdivision 1, may be increased in the amount
approved by the voters of the district at a referendum called for
the purpose. The referendum may be called by the school board or
shall be called by the school board upon written petition of
qualified voters of the district. The referendum shall be
conducted during the one or two calendar
year years before the increased levy authority, if
approved, first becomes payable. Only one election to approve an
increase may be held in a calendar year. Unless the referendum
is conducted by mail under paragraph (g), the referendum must be
held on the first Tuesday after the first Monday in November.
The ballot shall state the maximum amount of the increased
revenue per actual pupil unit, the estimated referendum tax rate
as a percentage of market value in the first year it is to be
levied, and that the revenue shall be used to finance school
operations. The ballot may state that existing referendum levy
authority is expiring. In this case, the ballot may also compare
the proposed levy authority to the existing expiring levy
authority, and express the proposed increase as the amount, if
any, over the expiring referendum levy authority. The ballot
shall designate the specific number of years, not to exceed ten,
for which the referendum authorization shall apply. The ballot
may contain a textual portion with the information required in
this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per actual pupil unit times the actual pupil units for the school year beginning in the year after the levy is certified shall be authorized for certification for the number of years approved, if applicable, or until revoked or reduced by the voters of the district at a subsequent referendum.
(b) The school board shall prepare and deliver by first class mail at least 15 days but no more than 30 days prior to the day of the referendum to each taxpayer a notice of the referendum and the proposed revenue increase. The school board need not mail more than one notice to any taxpayer. For the purpose of giving mailed notice under this subdivision, owners shall be those shown to be owners on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer. Every property owner whose name does not appear on the records of the county auditor or the county treasurer shall be deemed to have waived this mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as
the case may be, include the name on the records for this purpose. The notice must project the anticipated amount of tax increase in annual dollars and annual percentage for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring and project the anticipated amount of increase over the existing referendum levy, if any, in annual dollars and annual percentage for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the school district.
The notice must include the following statement: "Passage of this referendum will result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the increased revenue amount authorized pursuant to paragraph (a) may be called by the school board and shall be called by the school board upon the written petition of qualified voters of the district. A referendum to revoke or reduce the levy amount must be based upon the dollar amount, local tax rate, or amount per actual pupil unit, that was stated to be the basis for the initial authorization. Revenue approved by the voters of the district pursuant to paragraph (a) must be received at least once before it is subject to a referendum on its revocation or reduction for subsequent years. Only one revocation or reduction referendum may be held to revoke or reduce referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) shall be effective if signed by a number of qualified voters in excess of 15 percent of the registered voters of the school district on the day the petition is filed with the school board. A referendum invoked by petition shall be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days prior to the day of the referendum, the district shall submit a copy of the notice required under paragraph (b) to the commissioner of education. Within 15 days after the results of the referendum have been certified by the school board, or in the case of a recount, the certification of the results of the recount by the canvassing board, the district shall notify the commissioner of education of the results of the referendum.
(g) Any referendum under this section held on a day other than the first Tuesday after the first Monday in November must be conducted by mail in accordance with section 204B.46. Notwithstanding paragraph (b) to the contrary, in the case of a referendum conducted by mail under this paragraph, the notice required by paragraph (b) shall be prepared and delivered by first class mail at least 20 days before the referendum.
Sec. 19. Minnesota Statutes 1994, section 124A.0311, subdivision 4, is amended to read:
Subd. 4. [REFERENDUM.] The school board must prepare and
publish in the official legal newspaper of the school district a
notice of the public meeting on the district's intent to convert
any portion of its referendum levy to market value not less than
30 days before the scheduled date of the meeting. The resolution
converting a portion of the district's referendum levy to
referendum market value becomes final unless within 30 days after
the meeting where the resolution was adopted a petition
requesting an election signed by a number of people residing
in the district equal to 15 percent of the number of people who
voted in the last general election in the school district is
filed with the recording officer qualified voters in
excess of 15 percent of the registered voters of the school
district on the day the petition is filed with the school
board. If a petition is filed, then the school board
resolution has no effect and the amount of referendum revenue
authority specified in the resolution cancels for taxes payable
in the following year and thereafter. The school board shall
schedule a referendum under section 124A.03, subdivision 2.
Sec. 20. Minnesota Statutes 1994, section 124A.22, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal year 1996, the general education revenue for each district equals the sum of the district's basic revenue, compensatory education revenue, training and experience revenue, secondary sparsity revenue, elementary sparsity revenue, and supplemental revenue.
(b) For fiscal year 1997 and thereafter, the general education revenue for each district equals the sum of the district's basic revenue, compensatory education revenue, training and experience revenue, secondary sparsity revenue, elementary sparsity revenue, total operating capital revenue, and supplemental revenue.
Sec. 21. Minnesota Statutes 1994, section 124A.22, subdivision 2, is amended to read:
Subd. 2. [BASIC REVENUE.] The basic revenue for each district
equals the formula allowance times the actual pupil units for the
school year. The formula allowance for fiscal years 1993 and
1994 is $3,050. The formula allowance for fiscal year 1995
and subsequent fiscal years is $3,150. The formula
allowance for fiscal years 1996 and 1997 is $3,225. The formula
allowance for fiscal year 1998 and subsequent fiscal years is
$3,150.
Sec. 22. Minnesota Statutes 1994, section 124A.22, subdivision 4, is amended to read:
Subd. 4. [TRAINING AND EXPERIENCE REVENUE.] (a) The
previous formula training and experience revenue for each
district equals the greater of zero or the result of the
following computation:
(1) subtract 1.6 from the training and experience
index;
(2) multiply the result in clause (1) by the product of $700
times the actual pupil units for the school year.
(b) The maximum training and experience revenue for each
district equals the greater of zero or the result of the
following computation:
(1) subtract .8 from the training and experience index;
(2) multiply the result in clause (1) by the product of $660 times the actual pupil units for the school year.
(c) For fiscal year 1994, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus one-half of the difference
between the district's maximum training and experience revenue
and the district's previous formula training and experience
revenue.
(d) For fiscal year 1995, the training and experience
revenue for each district equals the district's previous formula
training and experience revenue plus three-fourths of the
difference between the district's maximum training and experience
revenue and the district's previous formula training and
experience revenue.
(e) For fiscal year 1996 and thereafter, the training and
experience revenue for each district equals the district's
maximum training and experience revenue.
Sec. 23. Minnesota Statutes 1994, section 124A.22, subdivision 4a, is amended to read:
Subd. 4a. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE LEVY.] A district's training and experience levy for fiscal year 1996 equals its training and experience revenue times the lesser of one or the ratio of the district's adjusted net tax capacity per actual pupil unit for the year before the year the levy is certified to the equalizing factor for the school year to which the levy is attributable.
Sec. 24. Minnesota Statutes 1994, section 124A.22, subdivision 4b, is amended to read:
Subd. 4b. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE AID.] A district's training and experience aid for fiscal year 1996 equals its training and experience revenue minus its training and experience levy times the ratio of the actual amount levied to the permitted levy.
Sec. 25. Minnesota Statutes 1994, section 124A.22, subdivision 8a, is amended to read:
Subd. 8a. [SUPPLEMENTAL LEVY.] To obtain supplemental revenue,
a district may levy an amount not more than the product of its
supplemental revenue for the school year times the lesser of one
or the ratio of its general education levy to its general
education revenue, excluding training and experience revenue
and supplemental revenue, for the same year.
Sec. 26. Minnesota Statutes 1994, section 124A.22, subdivision 9, is amended to read:
Subd. 9. [SUPPLEMENTAL REVENUE REDUCTION.] A district's supplemental revenue allowance is reduced by the sum of:
(1) the sum of one-fourth of the difference of:
(i) the sum of the district's training and experience revenue
and compensatory revenue per actual pupil unit for that
fiscal year 1996, and
(ii) the sum of district's training and experience revenue and compensatory revenue per actual pupil unit for fiscal year 1994; and
(2) the difference between the formula allowance for the
current fiscal year and $3,050 $100.
A district's supplemental revenue allowance may not be less than zero.
Sec. 27. Minnesota Statutes 1994, section 124A.22, is amended by adding a subdivision to read:
Subd. 10. [TOTAL OPERATING CAPITAL REVENUE.] (a) For fiscal year 1997 and thereafter, total operating capital revenue for a district equals the amount determined under paragraph (b), (c), (d), (e), or (f), plus $68 times the actual pupil units for the school year. The revenue must be placed in a reserved account in the general fund and may only be used according to subdivision 11.
(b) For fiscal years 1996 and later, capital revenue for a district equals $96 times the district's maintenance cost index times its actual pupil units for the school year.
(c) For 1996 and later fiscal years, the previous formula revenue for a district equals $123 times its actual pupil units for fiscal year 1995.
(d) Notwithstanding paragraph (b), for fiscal year 1996, the revenue for each district equals 25 percent of the amount determined in paragraph (b) plus 75 percent of the previous formula revenue.
(e) Notwithstanding paragraph (b), for fiscal year 1997, the revenue for each district equals 50 percent of the amount determined in paragraph (b) plus 50 percent of the previous formula revenue.
(f) Notwithstanding paragraph (b), for fiscal year 1998, the revenue for each district equals 75 percent of the amount determined in paragraph (b) plus 25 percent of the previous formula revenue.
(g) The revenue in paragraph (b) for a district that operates a program under section 121.585, is increased by an amount equal to $15 times the number of actual pupil units at the site where the program is implemented.
Sec. 28. Minnesota Statutes 1994, section 124A.22, is amended by adding a subdivision to read:
Subd. 11. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total operating capital revenue may be used only for the following purposes:
(1) to acquire land for school purposes;
(2) to acquire or construct buildings for school purposes, up to $400,000;
(3) to rent or lease buildings, including the costs of building repair or improvement that are part of a lease agreement;
(4) to improve and repair school sites and buildings, and equip or reequip school buildings with permanent attached fixtures;
(5) for a surplus school building that is used substantially for a public nonschool purpose;
(6) to eliminate barriers or increase access to school buildings by individuals with a disability;
(7) to bring school buildings into compliance with the uniform fire code adopted according to chapter 299F;
(8) to remove asbestos from school buildings, encapsulate asbestos, or make asbestos-related repairs;
(9) to clean up and dispose of polychlorinated biphenyls found in school buildings;
(10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section 296.01;
(11) for energy audits for school buildings and to modify buildings if the audit indicates the cost of the modification can be recovered within ten years;
(12) to improve buildings that are leased according to section 123.36, subdivision 10;
(13) to pay special assessments levied against school property but not to pay assessments for service charges;
(14) to pay principal and interest on state loans for energy conservation according to section 216C.37 or loans made under the northeast Minnesota economic protection trust fund act according to sections 298.292 to 298.298; and
(15) to purchase or lease interactive telecommunications equipment;
(16) by school board resolution, to transfer money into the debt redemption fund to pay the amounts needed to meet, when due, principal and interest payments on certain obligations issued according to chapter 475;
(17) to pay capital expenditure equipment-related assessments of any entity formed under a cooperative agreement between two or more districts;
(18) to purchase or lease computers and related materials, copying machines, telecommunications equipment, and other noninstructional equipment;
(19) to purchase or lease assistive technology or equipment for instructional programs;
(20) to purchase textbooks;
(21) to purchase new and replacement library books;
(22) to purchase vehicles; and
(23) to purchase or lease telecommunications equipment, computers, and related equipment for integrated information management systems for:
(i) managing and reporting learner outcome information for all students under a results-oriented graduation rule;
(ii) managing student assessment, services, and achievement information required for students with individual education plans; and
(iii) other classroom information management needs.
Sec. 29. Minnesota Statutes 1994, section 124A.22, is amended by adding a subdivision to read:
Subd. 12. [MAINTENANCE COST INDEX.] (a) A district's maintenance cost index is equal to the ratio of:
(1) the total weighted square footage for all eligible district-owned facilities; and
(2) the total unweighted square footage of these facilities.
(b) The department shall determine a district's maintenance cost index annually. Eligible district-owned facilities shall include only instructional or administrative square footage owned by the district. The commissioner of education may adjust the age of a building or addition for major renovation projects.
(c) The square footage weighting factor for each original building or addition equals the lesser of:
(1) one plus the ratio of the age in years to 100; or
(2) 1.5.
(d) The weighted square footage for each original building or addition equals the product of the unweighted square footage times the square footage weighting factor.
Sec. 30. Minnesota Statutes 1994, section 124A.23, subdivision 1, is amended to read:
Subdivision 1. [GENERAL EDUCATION TAX RATE.] The commissioner
shall establish the general education tax rate by July 1 of each
year for levies payable in the following year. The general
education tax capacity rate shall be a rate, rounded up to the
nearest tenth of a percent, that, when applied to the adjusted
net tax capacity for all districts, raises the amount specified
in this subdivision. The general education tax rate shall be the
rate that raises $1,044,000,000 for fiscal year 1995 and
$1,054,000,000 for fiscal year 1996 and $1,223,000,000 for
fiscal year 1997 and later fiscal years. The general
education tax rate may not be changed due to changes or
corrections made to a district's adjusted net tax capacity after
the tax rate has been established.
Sec. 31. Minnesota Statutes 1994, section 124A.23, subdivision 4, is amended to read:
Subd. 4. [GENERAL EDUCATION AID.] A district's general education aid is the sum of the following amounts:
(1) the product of (i) the difference between the general
education revenue, excluding training and experience revenue
and supplemental revenue, and the general education levy,
times (ii) the ratio of the actual amount levied to the permitted
levy;
(2) training and experience aid according to section
124A.22, subdivision 4b;
(3) supplemental aid according to section 124.214,
subdivision 2;
(4) (3) shared time aid according to section
124A.02, subdivision 21; and
(5) (4) referendum aid according to section
124A.03.
Sec. 32. Minnesota Statutes 1994, section 124A.24, is amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined according to section 124A.23, subdivision 3, an amount must be deducted from state aid authorized in this chapter and chapters 124 and 124B, receivable for the same school year, and from other state payments receivable for the same school year authorized in chapter 273. The aid in section 124.646 must not be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax rate, according to section 124A.23, times the district's adjusted net tax capacity used to determine the general education aid for the same school year; and
(2) the district's general education revenue, excluding
training and experience revenue and supplemental revenue,
for the same school year, according to section 124A.22.
Sec. 33. Minnesota Statutes 1994, section 124A.29, subdivision 1, is amended to read:
Subdivision 1. [STAFF DEVELOPMENT AND PARENTAL INVOLVEMENT
REVENUE.] (a) Of a district's basic revenue under section
124A.22, subdivision 2, an amount equal to one percent in fiscal
year 1994, two percent in fiscal year 1995, and 2.5
percent in fiscal year 1996 and thereafter times the
formula allowance $65 times the number of
actual total fund balance pupil units shall be
reserved and may be used only for in-service education for
programs under section 126.77, subdivision 2, or for staff
development plans, including plans for challenging instructional
activities and experiences under section 126.70, and for
curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, the cost of substitute
teachers staff development purposes, and other related costs for
staff development efforts. Districts may expend an
additional amount of basic revenue for staff development based on
their needs. The school board shall initially allocate 50
percent of the revenue to each school site in the district on a
per teacher basis, which shall be retained by the school site
until used. The board may retain 25 percent to be used for
district wide staff development efforts. The remaining 25
percent of the revenue shall be used to make grants to school
sites that demonstrate exemplary use of allocated staff
development revenue. A grant may be used for any purpose
authorized under section 126.70 or, 126.77,
subdivision 2, or for the costs of curriculum development and
programs, other in-service education, teachers' workshops,
teacher conferences, substitute teachers for staff development
purposes, and other staff development efforts, and determined
by the site decision-making team. The site decision-making team
must demonstrate to the school board the extent to which staff at
the site have met the outcomes of the program. The board may
withhold a portion of initial allocation of revenue if the staff
development outcomes are not being met.
(b) Of a district's basic revenue under section 124A.22,
subdivision 2, an amount equal to $5 times the number of actual
pupil units must be reserved and may be used only to provide
parental involvement programs that implement section 126.69.
Parental involvement programs may include career teacher
programs, programs promoting parental involvement in the PER
process, coordination of volunteer services, participation in
developing, implementing, or evaluating school
desegregation/integration plans, and programs designed to
encourage community involvement.
Sec. 34. Minnesota Statutes 1994, section 124C.60, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Two or more districts that have
consolidated under section 122.23 or combined under sections
122.241 to 122.248, are eligible for a capital facilities grant
of up to $100,000 $200,000 for fiscal year 1995 and
$100,000 thereafter under this section. To qualify the
following criteria must be met:
(1) the proposed facility changes are part of the plan according to section 122.242, subdivision 10, or the plan adopted by the reorganized district according to section 124.243, subdivision 1;
(2) the changes proposed to a facility must be needed to accommodate changes in the educational program due to the reorganization;
(3) the utilization of the facility for educational programs is at least 85 percent of capacity; and
(4) the grant will be used only to remodel or improve existing facilities.
Sec. 35. Minnesota Statutes 1994, section 126.22, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE PUPILS.] The following pupils are eligible to participate in the high school graduation incentives program:
(a) any pupil who is between the ages of 12 and 21, or who is an elementary pupil, and in either case, who:
(1) is at least two grade levels below the performance level for pupils of the same age in a locally determined achievement test; or
(2) is at least one year behind in satisfactorily completing coursework or obtaining credits for graduation; or
(3) is pregnant or is a parent; or
(4) has been assessed as chemically dependent; or
(5) has been excluded or expelled according to sections 127.26 to 127.39; or
(6) has been referred by a school district for enrollment in an eligible program or a program pursuant to section 126.23; or
(7) is a victim of physical or sexual abuse; or
(8) has experienced mental health problems; or
(9) has experienced homelessness sometime within six months before requesting a transfer to an eligible program; or
(10) speaks English as a second language or has limited English proficiency; or
(b) any person who is at least 21 years of age and who:
(1) has received fewer than 14 years of public or nonpublic education, beginning at age 5;
(2) has not completed the requirements for a high school diploma; and
(3) at the time of application, (i) is eligible for reemployment insurance benefits or has exhausted the benefits, (ii) is eligible for, or is receiving income maintenance and support services, as defined in section 268.0111, subdivision 5, or (iii) is eligible for services under the displaced homemaker program, state wage-subsidy program, or any programs under the federal Jobs Training Partnership Act or its successor.
Sec. 36. Minnesota Statutes 1994, section 275.065, subdivision 1, is amended to read:
Subdivision 1. [PROPOSED LEVY.] (a) Notwithstanding any
law or charter to the contrary, on or before September 15, each
taxing authority, other than a school district, shall adopt a
proposed budget and each taxing authority shall certify to
the county auditor the proposed or, in the case of a town, the
final property tax levy for taxes payable in the following
year.
(b) On or before September 30, each school district shall certify to the county auditor the proposed property tax levy for taxes payable in the following year. The school district may certify the proposed levy as:
(1) a specific dollar amount; or
(2) an amount equal to the maximum levy limitation certified by the commissioner of education to the county auditor according to section 124.918, subdivision 1.
(c) If the board of estimate and taxation or any similar board that establishes maximum tax levies for taxing jurisdictions within a first class city certifies the maximum property tax levies for funds under its jurisdiction by charter to the county auditor by September 15, the city shall be deemed to have certified its levies for those taxing jurisdictions.
(d) For purposes of this section, "taxing authority" includes all home rule and statutory cities, towns, counties, school districts, and special taxing districts as defined in section 275.066. Intermediate school districts that levy a tax under chapter 124 or 136D, joint powers boards established under sections 124.491 to 124.495, and common school districts No. 323, Franconia, and No. 815, Prinsburg, are also special taxing districts for purposes of this section.
Sec. 37. Minnesota Statutes 1994, section 469.1831, subdivision 4, is amended to read:
Subd. 4. [PROGRAM MONEY; DISTRIBUTION AND RESTRICTIONS.] (a) Neighborhood revitalization program money may only be expended in accordance with the program for a purpose listed in subdivision 3 or this subdivision. Program money may not be used in those project areas of the city where the city determines that private investment will be sufficient to provide for development and redevelopment of the project area without public sector
assistance, except in cases where program money is being used to remove or rehabilitate structurally substandard or obsolete buildings. Revenues derived from tax increments may only be expended for the purposes otherwise permitted by law, except that notwithstanding any law to the contrary, the city must pay at least the following amount of program money, including revenues derived from tax increments: (1) 15 percent to the school district, (2) 7.5 percent to the county, and (3) 7.5 percent for social services. Payment must be made to the county and school district within 15 days after the city receives the distribution of increment revenues, provided that the payment for calendar year 1990 may be made at any time during the year. Payment to the county for social services delivery shall be paid only after approval of program and spending plans under paragraph (b). Payment to the school district for education programs and services shall be paid only after approval of program and spending plans under paragraph (b).
(b) The money distributed to the county in a calendar year must be deducted from the county's levy limit for the following calendar year. In calculating the county's levy limit base for later years, the amount deducted must be treated as a local government aid payment.
The city must notify the commissioner of education of the amount of the payment made to the school district for the year. The commissioner shall deduct from the school district's state education aid payments one-half of the amount received by the school district.
The program money paid to the school district by the city less any amount of state aid deducted by the commissioner must be expended for additional education programs and services in accordance with the program. The amounts expended by the school district may not replace existing services.
The money for social services must be paid to the county for the cost of the provision of social services under the plan, as approved by the policy board and the county board.
(c) The city must expend on housing programs and related purposes as provided by the program at least 75 percent of the program money, after deducting the payments to the school district and county.
(d) Notwithstanding any other provisions of law to the contrary, for a city of the first class qualifying under section 469.1781, paragraph (a), program money and money described in Laws 1990, chapter 604, article 7, section 29, as amended, may be expended anywhere within the city by the authority for a purpose permitted by this section for any political subdivision without compliance with section 469.175, subdivision 4, and such money shall be deemed to be expended for a purpose that is a permitted project under section 469.176 and for a purpose that is permitted under section 469.176 for the district from which the increment was received.
Sec. 38. Laws 1994, chapter 647, article 1, section 36, is amended to read:
Sec. 36. [PEQUOT LAKES; DELAY IN FORGIVENESS OF
AID REPAYMENT.]
The department of education must allow independent school
district No. 186, Pequot Lakes, to repay over a five-year
period forgive state aid overpayments of
$196,000 for fiscal years 1991 and 1992 due to the property
tax revenue recognition shift attributable to independent
school district No. 186, Pequot Lakes. Notwithstanding
Minnesota Statutes, section 124.155, subdivision 1, aids for
independent school district No. 186, Pequot Lakes, shall not be
adjusted for fiscal years 1991 and 1992 for pupils transferring
into the district under Minnesota Statutes,
section 120.062.
Sec. 39. [PERMANENT SCHOOL FUND EARNINGS.]
During either fiscal year 1996 or 1997, notwithstanding section 124.09, the state board of investment may invest in equities an amount of principal in excess of the principal necessary to generate $32,500,000 with the goal of improving the long-term income from the permanent school fund.
Sec. 40. [LEVY ADJUSTMENT; LE SUEUR-HENDERSON.]
Independent school district No. 2397, Le Sueur-Henderson, must not receive a negative levy adjustment for any referendum levy made by independent school district No. 734, Henderson, that was certified for taxes payable in 1992.
Sec. 41. [NO AID REDUCTION.]
The commissioner of education shall not reduce aid to a district under Minnesota Statutes, section 124.14, subdivision 3, for the 1992-1993 school year because the district did not provide the number of instructional days provided for in Minnesota Statutes 1992, section 120.101, as long as the district provided at least the minimum instructional hours required by the rules of the state board of education during the 1992-1993 school year.
Sec. 42. [EQUALIZING FACTOR.]
For fiscal year 1996 only, levies calculated under chapters 124 and 124A shall not be recomputed because of an increase in the formula allowance under Minnesota Statutes, section 124A.22, subdivision 2.
Sec. 43. [SUPPLEMENTAL REVENUE REDUCTION.]
For fiscal years 1996 and 1997, a district that qualified for a supplemental revenue reduction exception under Laws 1994, chapter 647, article 1, section 35, shall receive a supplemental revenue reduction adjustment equal to 60 percent of the amount received in 1995.
Sec. 44. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund to the department of education for the fiscal years designated.
Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For general and supplemental education aid:
$2,019,205,000..... 1996
$2,315,613,000..... 1997
The 1996 appropriation includes $301,965,000 for 1995 and $1,717,241,000 for 1996.
The 1997 appropriation includes $327,926,000 for 1996 and $1,987,687,000 for 1997.
Sec. 45. [REPEALER.]
Subdivision 1. [JULY 1, 1995.] Minnesota Statutes 1994, sections 124.17, subdivision 1b; 124.962; 124A.04, subdivision 1; and 124A.27, subdivision 11, are repealed July 1, 1995.
Subd. 2. [REVENUE FOR FISCAL YEAR 1997.] Minnesota Statutes 1994, sections 121.912, subdivision 8; 124.243; 124.244; 124A.26; and 126.019, are repealed effective for revenue for fiscal year 1997.
Sec. 46. [EFFECTIVE DATE.]
Sections 12 and 34 are effective the day following final enactment. Sections 25, 31, and 32 are effective for revenue for fiscal year 1997.
Section 1. Minnesota Statutes 1994, section 123.3514, subdivision 8, is amended to read:
Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil enrolled in a course for secondary credit may apply to the pupil's district of residence for reimbursement for transporting the pupil between the secondary school in which the pupil is enrolled or the pupil's home and the post-secondary institution that the pupil attends. The commissioner shall establish guidelines for providing state aid to districts to reimburse the parent or guardian for the necessary transportation costs, which shall be based on financial need. The reimbursement may not exceed the pupil's actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week. However, if the nearest post-secondary institution is more than 25 miles from the pupil's resident secondary school, the weekly reimbursement may not exceed the reimbursement rate per mile times the actual distance between the secondary school or the pupil's home and the nearest post-secondary institution times ten. The state shall pay aid to the district according to the guidelines established under this subdivision. Chapter 14 does not apply to the guidelines.
Sec. 2. Minnesota Statutes 1994, section 123.7991, subdivision 2, is amended to read:
Subd. 2. [STUDENT TRAINING.] (a) Each school district shall
provide public school pupils enrolled in grades kindergarten
through 12 10 with age-appropriate school
bus safety training. The training shall be results-oriented and
shall consist of both classroom instruction and practical
training using a school bus. Upon completing the training, a
student shall be able to demonstrate knowledge and understanding
of at least the following competencies and concepts:
(1) transportation by school bus is a privilege and not a right;
(2) district policies for student conduct and school bus safety;
(3) appropriate conduct while on the school bus;
(4) the danger zones surrounding a school bus;
(5) procedures for safely boarding and leaving a school bus;
(6) procedures for safe vehicle lane street or
road crossing; and
(7) school bus evacuation and other emergency procedures.
(b) Each nonpublic school located within the district shall provide all nonpublic school pupils enrolled in grades kindergarten through 10 who are transported by school bus at public expense and attend school within the district's boundaries with training as required in paragraph (a). The school district shall make a bus available for the practical training if the district transports the nonpublic students. Each nonpublic school shall provide the instruction.
(c) Student school bus safety training shall commence
during school bus safety week. All students enrolled in
grades kindergarten through 3 who are transported by school
bus and are enrolled during the first or second week of
school must demonstrate achievement of the school bus safety
training competencies by the end of the third week of school.
All students enrolled in grades 4 through 10 who are
transported by school bus and are enrolled during the first or
second week of school must demonstrate achievement of the
competencies by the end of the sixth week of school.
Students enrolled in grades kindergarten through 10 who
enroll in a school after the first second week of
school and are transported by school bus shall undergo school bus
safety training and demonstrate achievement of the school bus
safety competencies within three four weeks of the
first day of attendance. The pupil transportation safety
director in each district must certify to the commissioner of
education annually by October 15 that all students
transported by school bus within the district have
satisfactorily demonstrated knowledge and understanding of the
school bus safety competencies according to this section or
provide an explanation for a student's failure to demonstrate the
competencies. The principal or other chief administrator of
each nonpublic school must certify annually to the public
transportation safety director of the district in which the
school is located that all of the school's students transported
by school bus at public expense have received training. A
school district may deny transportation to a student who fails to
demonstrate the competencies, unless the student is unable to
achieve the competencies due to a disability, or to a student
who attends a nonpublic school that fails to provide training as
required by this subdivision.
(c) (d) A school district and a
nonpublic school with students transported by school bus at
public expense must, to the extent possible, provide
kindergarten pupils with bus safety training before the first day
of school.
(d) (e) A school district and a nonpublic
school with students transported by school bus at public
expense must also provide student safety education for
bicycling and pedestrian safety.
(f) A school district and a nonpublic school with students transported by school bus at public expense must make reasonable accommodations for the school bus, bicycle, and pedestrian safety training of pupils known to speak English as a second language and pupils with disabilities.
Sec. 3. Minnesota Statutes 1994, section 123.7991, subdivision 3, is amended to read:
Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner of education shall develop a comprehensive model school bus safety training program for pupils who ride the bus that includes bus safety curriculum for both classroom and practical instruction, methods for assessing attainment of school bus safety competencies, and age-appropriate instructional materials. The program must be adaptable for use by students with disabilities.
Sec. 4. Minnesota Statutes 1994, section 123.805, subdivision 1, is amended to read:
Subdivision 1. [COMPREHENSIVE POLICY.] Each school district shall develop and implement a comprehensive, written policy governing pupil transportation safety, including transportation of nonpublic school students, when applicable. The policy shall, at minimum, contain:
(1) provisions for appropriate student bus safety training under section 123.7991;
(2) rules governing student conduct on school buses and in school bus loading and unloading areas;
(3) a statement of parent or guardian responsibilities relating to school bus safety;
(4) provisions for notifying students and parents or guardians of their responsibilities and the rules;
(5) an intradistrict system for reporting school bus accidents or misconduct, a system for dealing with local law enforcement officials in cases of criminal conduct on a school bus, and a system for reporting accidents, crimes, incidents of misconduct, and bus driver dismissals to the department of public safety under section 169.452;
(6) a discipline policy to address violations of school bus safety rules, including procedures for revoking a student's bus riding privileges in cases of serious or repeated misconduct;
(7) a system for integrating school bus misconduct records with other discipline records;
(8) a statement of bus driver duties;
(9) planned expenditures for safety activities under section 123.799 and, where applicable, provisions governing bus monitor qualifications, training, and duties;
(10) rules governing the use and maintenance of type III vehicles, drivers of type III vehicles, qualifications to drive a type III vehicle, qualifications for a type III vehicle and the circumstances under which a student may be transported in a type III vehicle;
(11) operating rules and procedures;
(12) provisions for annual bus driver in-service training and evaluation;
(13) emergency procedures; and
(14) a system for maintaining and inspecting equipment;
(15) requirements of the school district, if any, that exceed state law minimum requirements for school bus operations; and
(16) requirements for basic first aid training, which shall include the Heimlich maneuver and procedures for dealing with obstructed airways, shock, bleeding, and seizures.
School districts are encouraged to use the model policy
developed by the Minnesota school boards association, the
department of public safety, and the department of education, as
well as the current edition of the "National Standards for
School Buses and Operations" published by the National Safety
Council, in developing safety policies. Each district
shall submit a copy of its policy under this subdivision to the
school bus safety advisory committee no later than August 1,
1994, and review and make appropriate amendments annually by
August 1. Each district shall review its policy annually
and make appropriate amendments, which must be submitted to the
school bus safety advisory committee within one month of approval
by the school board.
Sec. 5. Minnesota Statutes 1994, section 123.805, subdivision 2, is amended to read:
Subd. 2. [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each school board shall designate a school transportation safety director to oversee and implement pupil transportation safety policies. The director shall have day-to-day responsibility for pupil transportation safety within the district, including transportation of nonpublic school children when provided by the district.
Sec. 6. Minnesota Statutes 1994, section 124.223, subdivision 1, is amended to read:
Subdivision 1. [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] (a) State transportation aid is authorized for transportation or board of resident elementary pupils who reside one mile or more from the public schools which they could attend; transportation or board of resident secondary pupils who reside two miles or more from the public schools which they could attend; transportation to and from schools the resident pupils attend according to a program approved by the commissioner of education, or between the schools the resident pupils attend for instructional classes, or to and from service learning programs; transportation of resident elementary pupils who reside one mile or more from a nonpublic school actually attended; transportation of resident secondary pupils who reside two miles or more from a nonpublic school actually attended; but with respect to transportation of pupils to nonpublic schools actually attended, only to the extent permitted by sections 123.76 to 123.79; transportation of resident pupils to and from language immersion programs; transportation of a pupil who is a custodial parent and that pupil's child between the pupil's home and the child care provider and between the provider and the school, if the home and provider are within the attendance area of the school. State transportation aid is not authorized for Late transportation home from school for pupils involved in after school activities. State transportation aid is not authorized for summer program transportation except as provided in subdivision 8.
(b) For the purposes of this subdivision, a district may designate a licensed day care facility, respite care facility, the residence of a relative, or the residence of a person chosen by the pupil's parent or guardian as the home of a pupil for part or all of the day, if requested by the pupil's parent or guardian and if that facility or residence is within the attendance area of the school the pupil attends.
(c) State transportation aid is authorized for transportation to and from school of an elementary pupil who moves during the school year within an area designated by the district as a mobility zone, but only for the remainder of the school year. The attendance areas of schools in a mobility zone must be contiguous. To be in a mobility zone, a school must meet both of the following requirements:
(1) more than 50 percent of the pupils enrolled in the school are eligible for free or reduced school lunch; and
(2) the pupil withdrawal rate for the last year is more than 12 percent.
(d) A pupil withdrawal rate is determined by dividing:
(1) the sum of the number of pupils who withdraw from the school, during the school year, and the number of pupils enrolled in the school as a result of transportation provided under this paragraph, by
(2) the number of pupils enrolled in the school.
(e) The district may establish eligibility requirements for individual pupils to receive transportation in the mobility zone.
Sec. 7. Minnesota Statutes 1994, section 124.223, subdivision 7, is amended to read:
Subd. 7. [FARIBAULT STATE ACADEMIES TRANSPORTATION
TO AND FROM BOARD AND LODGING FACILITIES.] State
transportation aid is authorized for transportation for
residents resident pupils with disabilities to and
from the Minnesota state academy for the deaf or the Minnesota
state academy for the blind board and lodging facilities
when the pupil is boarded and lodged for educational
purposes.
Sec. 8. Minnesota Statutes 1994, section 124.225, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section, the terms defined in this subdivision have the meanings given to them.
(a) "FTE" means a full-time equivalent pupil whose transportation is authorized for aid purposes by section 124.223.
(b) "Authorized cost for regular transportation" means the sum of:
(1) all expenditures for transportation in the regular category, as defined in paragraph (c), clause (1), for which aid is authorized in section 124.223, plus
(2) an amount equal to one year's depreciation on the district's school bus fleet and mobile units computed on a straight line basis at the rate of 15 percent per year for districts operating a program under section 121.585 for grades 1 to 12 for all students in the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
(3) an amount equal to one year's depreciation on district school buses reconditioned by the department of corrections computed on a straight line basis at the rate of 33-1/3 percent per year of the cost to the district of the reconditioning, plus
(4) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section 169.01,
subdivision 6, clause (5), which must be used a majority of
the time for the purposes in sections 124.223 and 124.226,
subdivisions 5, 8, and 9, and were purchased after July 1,
1982, for authorized transportation of pupils, with the prior
approval of the commissioner, computed on a straight line
basis at the rate of 20 percent per year of the cost of the type
three school buses.
(c) "Transportation category" means a category of transportation service provided to pupils as follows:
(1) Regular transportation is transportation services provided during the regular school year under section 124.223, subdivisions 1 and 2, excluding the following transportation services provided under section 124.223, subdivision 1: transportation between schools; transportation to and from service learning programs; noon transportation to and from school for kindergarten pupils attending half-day sessions; transportation of pupils to and from schools located outside their normal attendance areas under the provisions of a plan for desegregation mandated by the state board of education or under court order; and transportation of elementary pupils to and from school within a mobility zone.
(2) Nonregular transportation is transportation services provided under section 124.223, subdivision 1, that are excluded from the regular category and transportation services provided under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10.
(3) Excess transportation is transportation to and from school during the regular school year for secondary pupils residing at least one mile but less than two miles from the public school they could attend or from the nonpublic school actually attended, and transportation to and from school for pupils residing less than one mile from school who are transported because of extraordinary traffic, drug, or crime hazards.
(4) Desegregation transportation is transportation within and outside of the district during the regular school year of pupils to and from schools located outside their normal attendance areas under a plan for desegregation mandated by the state board or under court order.
(5) Handicapped transportation is transportation provided under section 124.223, subdivision 4, for pupils with a disability between home or a respite care facility and school or other buildings where special instruction required by sections 120.17 and 120.1701 is provided.
(d) "Mobile unit" means a vehicle or trailer designed to provide facilities for educational programs and services, including diagnostic testing, guidance and counseling services, and health services. A mobile unit located off nonpublic school premises is a neutral site as defined in section 123.932, subdivision 9.
(e) "Current year" means the school year for which aid will be paid.
(f) "Base year" means the second school year preceding the school year for which aid will be paid.
(g) "Base cost" means the ratio of:
(1) the sum of the authorized cost in the base year for regular transportation as defined in paragraph (b) plus the actual cost in the base year for excess transportation as defined in paragraph (c);
(2) to the sum of the number of weighted FTE's in the regular and excess categories in the base year.
(h) "Pupil weighting factor" for the excess transportation category for a school district means the lesser of one, or the result of the following computation:
(1) Divide the square mile area of the school district by the number of FTE's in the regular and excess categories in the base year.
(2) Raise the result in clause (1) to the one-fifth power.
(3) Divide four-tenths by the result in clause (2).
The pupil weighting factor for the regular transportation category is one.
(i) "Weighted FTE's" means the number of FTE's in each transportation category multiplied by the pupil weighting factor for that category.
(j) "Sparsity index" for a school district means the greater of .005 or the ratio of the square mile area of the school district to the sum of the number of weighted FTE's by the district in the regular and excess categories in the base year.
(k) "Density index" for a school district means the greater of one or the result obtained by subtracting the product of the district's sparsity index times 20 from two.
(l) "Contract transportation index" for a school district means the greater of one or the result of the following computation:
(1) Multiply the district's sparsity index by 20.
(2) Select the lesser of one or the result in clause (1).
(3) Multiply the district's percentage of regular FTE's in the current year using vehicles that are not owned by the school district by the result in clause (2).
(m) "Adjusted predicted base cost" means the predicted base cost as computed in subdivision 3a as adjusted under subdivision 7a.
(n) "Regular transportation allowance" means the adjusted predicted base cost, inflated and adjusted under subdivision 7b.
Sec. 9. Minnesota Statutes 1994, section 124.225, subdivision 3a, is amended to read:
Subd. 3a. [PREDICTED BASE COST.] A district's predicted base cost equals the result of the following computation:
(a) Multiply the transportation formula allowance by the
district's sparsity index raised to the one-fourth power. The
transportation formula allowance is $447 $477 for
the 1991-1992 1993-1994 base year and $463
$491 for the 1992-1993 1994-1995 base
year.
(b) Multiply the result in paragraph (a) by the district's
density index raised to the 35/100 1/2 power.
(c) Multiply the result in paragraph (b) by the district's contract transportation index raised to the 1/20 power.
Sec. 10. Minnesota Statutes 1994, section 124.225, subdivision 7b, is amended to read:
Subd. 7b. [INFLATION FACTORS.] (a) The adjusted
predicted base cost determined for a district under subdivision
7a for the base year must be increased by 2.35 zero
percent to determine the district's regular transportation
allowance for the 1993-1994 1995-1996 school year
and by 3.425 zero percent to determine the
district's regular transportation allowance for the
1994-1995 1996-1997 school year,
but.
(b) Notwithstanding paragraph (a), the regular transportation allowance for a district for the 1995-1996 school year and the 1996-1997 school year cannot be less than the district's minimum regular transportation allowance according to Minnesota Statutes 1990, section 124.225, subdivision 1, paragraph (t).
(c) Notwithstanding paragraph (a), the regular transportation allowance for a district for the 1997-1998 school year and later cannot be less than the district's regular transportation allowance for the 1996-1997 school year.
Sec. 11. Minnesota Statutes 1994, section 124.225, subdivision 7d, is amended to read:
Subd. 7d. [TRANSPORTATION REVENUE.] Transportation revenue for each district equals the sum of the district's regular transportation revenue and the district's nonregular transportation revenue.
(a) The regular transportation revenue for each district equals the district's regular transportation allowance according to subdivision 7b times the sum of the number of FTE's by the district in the regular, desegregation, and handicapped categories in the current school year.
(b) For the 1992-1993 and later school years
1995-1996 school year, the nonregular transportation
revenue for each district equals the lesser of the district's
actual cost in the current school year for nonregular
transportation services or the product of the district's actual
cost in the base year for nonregular transportation services as
defined for the current year in subdivision 1, paragraph (c),
times the ratio of the district's average daily membership for
the current year to the district's average daily membership for
the base year according to section 124.17, subdivision 2, times
the nonregular transportation inflation factor for the current
year, minus the amount of regular transportation revenue
attributable to FTE's in the desegregation and handicapped
categories in the current school year, plus the excess nonregular
transportation revenue for the current year according to
subdivision 7e. The nonregular transportation inflation factor
is 1.0435 1.0 for the 1993-1994
1995-1996 school year and 1.03425 for the 1994-1995
school year.
(c) For the 1996-1997 school year, the nonregular transportation revenue for each district equals the lesser of:
(1) the district's actual cost in the current school year for nonregular transportation services, excess transportation services, and late activity transportation services; or
(2) the product of the district's actual cost in the base year for nonregular transportation services as defined for the current year in subdivision 1, paragraph (c),
times the ratio of the district's average daily membership for the current year to the district's average daily membership for the base year according to section 124.17, subdivision 2, times the nonregular transportation inflation factor for the current year, minus the amount of regular transportation revenue attributable to FTE's in the desegregation and handicapped categories in the current school year, plus the excess nonregular transportation revenue for the current year according to subdivision 7e.
The nonregular transportation inflation factor is 1.0 for the 1996-1997 school year.
(d) For the 1997-1998 school year and later, the nonregular transportation revenue for each district equals the lesser of:
(1) the district's actual cost in the current school year for nonregular transportation services, excess transportation services, and late activity transportation services; or
(2) the product of the greater of:
(i) the district's actual cost in the base year for nonregular transportation services as defined for the current year in subdivision 1, paragraph (c); or
(ii) the lesser of the district's actual cost in the base year for nonregular transportation services, excess transportation services, and late activity transportation services or the district's actual cost in the 1994-1995 school year for nonregular transportation services,
times the ratio of the district's average daily membership for the current year to the district's average daily membership for the base year according to section 124.17, subdivision 2, times the nonregular transportation inflation factor for the current year, minus the amount of regular transportation revenue attributable to FTE's in the desegregation and handicapped categories in the current school year, plus the excess nonregular transportation revenue for the current year according to subdivision 7e.
The nonregular transportation inflation factor is 1.0 for the 1997-1998 and later school years.
Sec. 12. Minnesota Statutes 1994, section 124.225, subdivision 7f, is amended to read:
Subd. 7f. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A
district shall reserve an amount equal to the greater of
$1,000 $500 or one-half of one percent of
the sum of the district's regular transportation revenue
according to subdivision 7d, paragraph (a), and nonregular
transportation revenue according to subdivision 7d, paragraph
(b), for that school year to provide student transportation
safety programs under section 123.799.
Sec. 13. Minnesota Statutes 1994, section 124.225, subdivision 8a, is amended to read:
Subd. 8a. [TRANSPORTATION AID.] (a) A district's transportation aid equals the product of:
(1) the difference between the transportation revenue and the sum of:
(i) the maximum basic transportation levy for that school year
under section 275.125 124.226, subdivision 5
1, plus
(ii) the maximum nonregular transportation levy for that school year under section 124.226, subdivision 4, plus
(iii) the contracted services aid reduction under subdivision 8k,
(2) times the ratio of the sum of the actual amounts levied under section 124.226, subdivisions 1 and 4, to the sum of the permitted maximum levies under section 124.226, subdivisions 1 and 4.
(b) If the total appropriation for transportation aid for any fiscal year is insufficient to pay all districts the full amount of aid earned, the department of education shall reduce each district's aid in proportion to the number of resident pupils in average daily membership in the district to the state total average daily membership, and shall reduce the transportation levy of off-formula districts in the same proportion.
Sec. 14. Minnesota Statutes 1994, section 124.225, subdivision 8m, is amended to read:
Subd. 8m. [TRANSPORTATION SAFETY AID.] A district's transportation safety aid equals the district's reserved revenue for transportation safety under subdivision 7f for that school year. Failure of a school district to comply with the reporting requirements of section 123.7991, 123.805, 169.452, 169.4582, or 171.321, subdivision 5, may result in a withholding of that district's transportation safety aid for that school year.
Sec. 15. Minnesota Statutes 1994, section 124.226, subdivision 1, is amended to read:
Subdivision 1. [BASIC TRANSPORTATION.] Each year, a school
district may levy for school transportation services an amount
not to exceed the amount raised by the basic transportation tax
rate times the adjusted net tax capacity of the district for the
preceding year. The commissioner of education shall establish
the basic transportation tax rate by July 1 of each year for
levies payable in the following year. The basic transportation
tax rate shall be a rate, rounded up to the nearest hundredth of
a percent, that, when applied to the adjusted net tax capacity of
taxable property for all districts, raises the amount specified
in this subdivision. The basic transportation tax rate for
transportation shall be the rate that raises $64,300,000 for
fiscal year 1993 and $68,000,000 for fiscal year 1994 and
subsequent fiscal years. The basic transportation tax rate
certified by the commissioner of education must not be changed
due to changes or corrections made to a district's adjusted net
tax capacity after the tax rate has been certified.
Sec. 16. Minnesota Statutes 1994, section 124.226, subdivision 3, is amended to read:
Subd. 3. [OFF-FORMULA ADJUSTMENT.] In a district if the basic
transportation levy under subdivision 1 attributable to that
fiscal year is more than the difference between (1) the
district's transportation revenue under section 124.225,
subdivision 7d, and (2) the sum of the district's maximum
nonregular levy under subdivision 4 and the district's contracted
services aid reduction under section 124.225, subdivision 8k, and
the amount of any reduction due to insufficient appropriation
under section 124.225, subdivision 8a, the district's
transportation levy in the second year following each
fiscal year must be reduced by the difference between the amount
of the excess and the amount of the aid reduction for the same
fiscal year according to subdivision 3a.
Sec. 17. Minnesota Statutes 1994, section 126.15, subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT OF MEMBERS.] Unless the parents or guardian of a pupil object in writing to the school authorities to the appointment of the pupil on a school safety patrol, it is lawful for any pupil over nine years of age to be appointed and designated as a member thereof, provided that in any school in which there are no pupils who have attained such age any pupil in the highest grade therein may be so appointed and designated. School authorities may also appoint and designate nonpupil adults as members of a school safety patrol on a voluntary or for-hire basis.
Sec. 18. Minnesota Statutes 1994, section 169.01, subdivision 6, is amended to read:
Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle used
to transport pupils to or from a school defined in section
120.101, or to or from school-related activities, by the school
or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, or a transit bus providing services as defined
in section 174.22, subdivision 7, or a vehicle otherwise
qualifying as a type III vehicle under paragraph (5), when the
vehicle is properly registered and insured and being driven by an
employee or agent of a school district for nonscheduled
transportation. A school bus may be type A, type B, type C,
or type D, or type III as follows:
(1) A "type A school bus" is a conversion or body constructed upon a van-type compact truck or a front-section vehicle, with a gross vehicle weight rating of 10,000 pounds or less, designed for carrying more than ten persons.
(2) A "type B school bus" is a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis, with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. Part of the engine is beneath or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.
(3) A "type C school bus" is a body installed upon a flat back cowl chassis with a gross vehicle weight rating of more than 10,000 pounds, designated for carrying more than ten persons. All of the engine is in front of the windshield and the entrance door is behind the front wheels.
(4) A "type D school bus" is a body installed upon a chassis, with the engine mounted in the front, midship or rear, with a gross vehicle weight rating of more than 10,000 pounds, designed for carrying more than ten persons. The engine may be behind the windshield and beside the driver's seat; it may be at the rear of the bus, behind the rear wheels, or midship between the front and rear axles. The entrance door is ahead of the front wheels.
(5) Type III school buses and type III Head Start buses are restricted to passenger cars, station wagons, vans, and buses having a maximum manufacturer's rated seating capacity of ten people, including the driver, and a gross vehicle weight rating of 10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle. A "type III school bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type A, B, C, or D school bus or type A, B, C, or D Head Start bus.
Sec. 19. Minnesota Statutes 1994, section 169.21, subdivision 2, is amended to read:
Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision.
(b) When any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
(c) It is unlawful for any person to drive a motor vehicle through a column of school children crossing a street or highway or past a member of a school safety patrol or adult crossing guard, while the member of the school safety patrol or adult crossing guard is directing the movement of children across a street or highway and while the school safety patrol member or adult crossing guard is holding an official signal in the stop position. A person who violates this paragraph is guilty of a misdemeanor. A person who violates this paragraph a second or subsequent time within one year of a previous conviction under this paragraph is guilty of a gross misdemeanor.
Sec. 20. Minnesota Statutes 1994, section 169.444, subdivision 2, is amended to read:
Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person who fails to stop a vehicle or to keep it stopped, as required in subdivision 1, is guilty of a misdemeanor punishable by a fine of not less than $300.
(b) A person is guilty of a gross misdemeanor if the person fails to stop a motor vehicle or to keep it stopped, as required in subdivision 1, and commits either or both of the following acts:
(1) passes or attempts to pass the school bus in a motor vehicle on the right-hand, passenger-door side of the bus; or
(2) passes or attempts to pass the school bus in a motor vehicle when a school child is outside of and on the street or highway used by the school bus or on the adjacent sidewalk.
Sec. 21. Minnesota Statutes 1994, section 169.4502, subdivision 4, is amended to read:
Subd. 4. [COLOR.] Fenders may be painted black. The hood may be painted nonreflective black or nonreflective yellow. The grill may be manufacturer's standard color or chrome.
Sec. 22. Minnesota Statutes 1994, section 169.4503, is amended by adding a subdivision to read:
Subd. 10a. [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first aid kit, and a body fluids cleanup kit is required regardless of the age of the vehicle. They must be contained in removable, moisture- and dust-proof containers mounted in an accessible place within the driver's compartment of the school bus and must be marked to indicate their identity and location.
Sec. 23. Minnesota Statutes 1994, section 169.451, is amended by adding a subdivision to read:
Subd. 5. [RANDOM SPOT INSPECTIONS.] In addition to the annual inspection, the Minnesota state patrol has authority to conduct random, unannounced spot inspections of any school bus or Head Start bus being operated within the state at the location where the bus is kept when not in operation to ascertain whether its construction, design, equipment, and color comply with all provisions of law, including the Minnesota school bus equipment standards in sections 169.4501 to 169.4504.
Sec. 24. [169.4511] [SCHOOL BUS ACCIDENTS; REINSPECTION.]
Subdivision 1. [POSTCRASH INSPECTION.] A peace officer responding to an accident involving a school bus or Head Start bus must immediately notify the state patrol if the accident results in death or serious personal injury on the school bus, or property damage to the school bus of an apparent extent of more than $4,400. No person shall drive or knowingly permit or cause to be driven, for the purpose of transporting students, any school bus or Head Start bus after such an accident unless the vehicle:
(1) has been inspected by the Minnesota state patrol and the state patrol has determined that the vehicle may safely be operated; or
(2) a waiver has been granted under subdivision 2.
A violation of this section is a misdemeanor.
Subd. 2. [WAIVER.] A state trooper or designee of the Minnesota state patrol called to the scene of an accident by a responding peace officer under subdivision 1 may waive the inspection requirement of subdivision 1 if the trooper or state patrol designee determines that a postcrash inspection is not needed or cannot be accomplished without unreasonable delay. The trooper or state patrol designee granting a waiver must provide to the driver of the school bus for which the waiver is granted a written statement that the inspection has been waived. The written statement must include the incident report number assigned to the accident by the state patrol.
Sec. 25. Minnesota Statutes 1994, section 169.452, is amended to read:
169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.]
The department of public safety shall develop uniform definitions of a school bus accident, an incident of serious misconduct, and an incident that results in personal injury or death. The department shall determine what type of information on school bus accidents and incidents, including criminal conduct, and bus driver dismissals for cause
should be collected and develop a uniform accident and incident
reporting form to collect those data, including data relating to
type III vehicles, statewide. In addition to the form, the
department shall have an alternative method of reporting that
allows school districts to use computer technology to provide the
required information. School districts shall report the
information required by the department using either format. A
school district must not be charged for reporting forms or
reporting procedures under this section. Data collected
with this reporting form under this section shall
be analyzed to help develop accident, crime, and misconduct
prevention programs. This section is not subject to chapter
14.
Sec. 26. Minnesota Statutes 1994, section 169.454, subdivision 5, is amended to read:
Subd. 5. [FIRST AID KIT.] A minimum of a ten-unit first aid
kit, and a body fluids cleanup kit is required. The
bus They must have a be contained in
removable, moisture- and dust-proof first aid kit
containers mounted in an accessible place within the
driver's compartment and must be marked to indicate its
their identity and location.
Sec. 27. Minnesota Statutes 1994, section 169.454, is amended by adding a subdivision to read:
Subd. 13. [EXEMPTION.] When a vehicle otherwise qualifying as a type III vehicle under section 169.01, subdivision 6, paragraph (5), whether owned and operated by a school district or privately owned and operated, is used to transport school children in a nonscheduled situation, it shall be exempt from the vehicle requirements of this section and the licensing requirements of section 171.321, if the vehicle is properly registered and insured and operated by an employee or agent of a school district with a valid driver's license.
Sec. 28. Minnesota Statutes 1994, section 171.01, subdivision 21, is amended to read:
Subd. 21. [SCHOOL BUS.] "School bus" means a motor vehicle
used to transport pupils to or from a school defined in section
120.101, or to or from school-related activities, by the school
or a school district or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, or a transit bus providing services as defined
in section 174.22, subdivision 7, or a vehicle otherwise
qualifying as a type III vehicle under section 169.01,
subdivision 6, paragraph (5), when the vehicle is properly
registered and insured and being driven by an employee or agent
of a school district for nonscheduled transportation.
Sec. 29. Minnesota Statutes 1994, section 171.18, subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] The commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee:
(1) has committed an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage;
(3) is an habitually reckless or negligent driver of a motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has committed an offense in another state that, if committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;
(10) has failed to appear in court as provided in section 169.92, subdivision 4; or
(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges.
However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation of the court when made in connection with the prosecution of the licensee.
Sec. 30. Minnesota Statutes 1994, section 171.321, subdivision 3, is amended to read:
Subd. 3. [STUDY OF APPLICANT.] (a) Before issuing or renewing a school bus endorsement, the commissioner shall conduct a criminal and driver's license records check of the applicant. The commissioner may also conduct the check at any time while a person is so licensed. The check shall consist of a criminal records check of the state criminal records repository and a check of the driver's license records system. If the applicant has resided in Minnesota for less than five years, the check shall also include a criminal records check of information from the state law enforcement agencies in the states where the person resided during the five years before moving to Minnesota, and of the national criminal records repository including the criminal justice data communications network. The applicant's failure to cooperate with the commissioner in conducting the records check is reasonable cause to deny an application or cancel a school bus endorsement. The commissioner may not release the results of the records check to any person except the applicant.
(b) The commissioner may issue to an otherwise qualified applicant a temporary school bus endorsement, effective for no more than 120 days, upon presentation of (1) an affidavit by the applicant that the applicant has not been convicted of a disqualifying offense and (2) a criminal history check from each state of residence for the previous five years. The criminal history check may be conducted and prepared by any public or private source acceptable to the commissioner.
Sec. 31. Minnesota Statutes 1994, section 171.321, subdivision 4, is amended to read:
Subd. 4. [TRAINING.] No person shall drive a class A, B, C, or D school bus when transporting school children to or from school or upon a school-related trip or activity without having demonstrated sufficient skills and knowledge to transport students in a safe and legal manner. A bus driver must have training or experience that allows the driver to meet at least the following competencies:
(1) safely operate the type of school bus the driver will be driving;
(2) understand student behavior, including issues relating to students with disabilities;
(3) ensure encourage orderly conduct of students
on the bus and handle incidents of misconduct appropriately;
(4) know and understand relevant laws, rules of the road, and local school bus safety policies;
(5) handle emergency situations; and
(6) safely load and unload students; and
(7) demonstrate proficiency in first aid and
cardiopulmonary resuscitation procedures.
The commissioner of public safety, in conjunction with the commissioner of education, shall develop a comprehensive model school bus driver training program and model assessments for school bus driver training competencies, which are not subject to chapter 14. A school district may use alternative assessments for bus driver training competencies with the approval of the commissioner of public safety.
Sec. 32. Minnesota Statutes 1994, section 171.321, subdivision 5, is amended to read:
Subd. 5. [ANNUAL EVALUATION.] A school district
district's pupil transportation safety director, the
chief administrator of a nonpublic school, or a
private contractor shall evaluate each bus driver
certify annually to assure the commissioner of
public safety that, at minimum, each school bus driver
continues to meet meets the school bus driver
training competencies under subdivision 4 and shall report the
number of hours of in-service training completed by each
driver. A school district, nonpublic school, or private
contractor also shall provide at least eight hours of
in-service training annually to each school bus driver. As
part of the annual evaluation, A district, nonpublic school,
or private contractor also shall check the license of each
person who transports students for the district with the National
Drivers Register or the department of public safety
annually. A school district, nonpublic school, or
private contractor shall certify annually to the commissioner of
public safety that each driver has received eight hours of
in-service training and has met the training competencies
The school board must approve and forward the competency
certification and in-service report to the commissioner of public
safety.
Sec. 33. Minnesota Statutes 1994, section 171.3215, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given them.
(b) "School bus driver" means a person possessing a school bus driver's endorsement on a valid Minnesota driver's license or a person possessing a valid Minnesota driver's license who drives a vehicle with a seating capacity of ten or less persons used as a school bus.
(c) "Disqualifying offense" includes any felony offense, any
misdemeanor, gross misdemeanor, or felony violation of chapter
152, or any violation under section 609.3451, 609.746,
subdivision 1, or 617.23, or while driving, operating,
or being in physical control of a school bus or a Head Start
bus, a fourth moving violation within a three-year
period violation of section 169.121, 169.129, or a similar
statute or ordinance from another state.
(d) "Head Start bus driver" means a person possessing a valid Minnesota driver's license:
(1) with a passenger endorsement, who drives a Head Start bus;
(2) with a school bus driver's endorsement, who drives a Head Start bus; or
(3) who drives a vehicle with a seating capacity of ten or fewer persons used as a Head Start bus.
Sec. 34. Minnesota Statutes 1994, section 171.3215, subdivision 2, is amended to read:
Subd. 2. [CANCELLATION FOR DISQUALIFYING OFFENSE.] Within ten
days of receiving notice under section 631.40, subdivision 1a,
or otherwise receiving notice for a nonresident driver,
that a school bus driver has been convicted of a disqualifying
offense, the commissioner shall permanently cancel the school bus
driver's endorsement on the offender's driver's license and in
the case of a nonresident, the driver's privilege to operate a
school bus in Minnesota. A school bus driver whose
endorsement or privilege to operate a school bus in Minnesota has
been permanently canceled may not apply for reinstatement.
Within ten days of receiving notice under section 631.40,
subdivision 1a, or otherwise receiving notice for a
nonresident driver, that a school bus driver has been
convicted of a gross misdemeanor, or a violation of
section 169.121 or, 169.129, or a similar
statute or ordinance from another state, and within ten days
of revoking a school bus driver's license under section 169.123,
the commissioner shall cancel the school bus driver's endorsement
on the offender's driver's license or the nonresident's
privilege to operate a school bus in Minnesota for five
years. After five years, a school bus driver may apply to the
commissioner for reinstatement. Even after five years,
cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota
for a conviction violation under section
169.121, 169.123, or 169.129, or a similar
statute or ordinance from another state, shall remain in
effect until the driver provides proof of successful completion
of an alcohol or controlled substance treatment program. For
a first offense, proof of completion is required only if
treatment was ordered as part of a chemical use assessment.
Within ten days of receiving notice under section 631.40,
subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of a fourth
moving violation in the last three years, the commissioner shall
cancel the school bus driver's endorsement on the offender's
driver's license or the nonresident's privilege to operate a
school bus in Minnesota until one year
has elapsed since the last conviction. A school bus driver who has no new convictions after one year may apply for reinstatement. Upon canceling the offender's school bus driver's endorsement, the commissioner shall immediately notify the licensed offender of the cancellation in writing, by depositing in the United States post office a notice addressed to the licensed offender at the licensed offender's last known address, with postage prepaid thereon.
Sec. 35. Minnesota Statutes 1994, section 171.3215, subdivision 3, is amended to read:
Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a
driver's license with a school bus driver's endorsement, the
commissioner shall conduct an investigation to determine if the
applicant has been convicted of committing a disqualifying
offense, four moving violations in the previous three
years, a violation of section 169.121 or,
169.129, or a similar statute or ordinance from another
state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169.123. The commissioner
shall not issue a new bus driver's endorsement and shall not
renew an existing bus driver's endorsement if the applicant has
been convicted of committing a disqualifying offense. The
commissioner shall not issue a new bus driver's endorsement and
shall not renew an existing bus driver's endorsement if, within
the previous five years, the applicant has been convicted of
committing a violation of section 169.121 or,
169.129, or a similar statute or ordinance from another
state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169.123, or if, within
the previous three years, the applicant has been convicted of
four moving violations. An applicant who has been convicted
of violating section 169.121 or, 169.129, or a
similar statute or ordinance from another state, or who has had a
license revocation under section 169.123 within the previous
ten years must show proof of successful completion of an alcohol
or controlled substance treatment program in order to receive a
bus driver's endorsement. For a first offense, proof of
completion is required only if treatment was ordered as part of a
chemical use assessment. A school district or contractor that
employs a nonresident school bus driver must conduct a background
check of the employee's driving record and criminal history in
both Minnesota and the driver's state of residence. Convictions
for disqualifying offenses, gross misdemeanors, a fourth moving
violation within the previous three years, or violations of
section 169.121, 169.129, or a similar statute or ordinance in
another state, must be reported to the department of public
safety.
Sec. 36. [604A.015] [SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.]
A school bus driver who, while on duty, provides emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable in ordinary negligence, for any civil damages as a result of acts or omissions to the person to whom assistance is rendered by the school bus driver in rendering the emergency care, advice, or assistance. For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 148, 150A, or 153.
Sec. 37. Minnesota Statutes 1994, section 631.40, subdivision 1a, is amended to read:
Subd. 1a. [CERTIFIED COPY OF DISQUALIFYING OFFENSE CONVICTIONS SENT TO PUBLIC SAFETY AND SCHOOL DISTRICTS.] When a person is convicted of committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation within a three-year period, or a violation of section 169.121 or 169.129, the court shall determine whether the offender is a school bus driver as defined in section 171.3215, subdivision 1, whether the offender possesses a school bus driver's endorsement on the offender's driver's license and in what school districts the offender drives a school bus. If the offender is a school bus driver or possesses a school bus driver's endorsement, the court administrator shall send a certified copy of the conviction to the department of public safety and to the school districts in which the offender drives a school bus within ten days after the conviction.
Sec. 38. [INTERDISTRICT DESEGREGATION TRANSPORTATION.]
Notwithstanding Minnesota Statutes, section 124.225, subdivision 7d, a district's nonregular transportation revenue for interdistrict desegregation transportation for the 1995-1996 and 1996-1997 school years equals the district's actual cost in the current year for interdistrict desegregation transportation minus the amount of regular transportation revenue attributable to FTE's in the desegregation category transported outside of the district in the current school year.
Sec. 39. [PAY 1994 LEVY RECOGNITION.]
Notwithstanding Minnesota Statutes, sections 121.904 and 124.226, subdivision 9, 50 percent of the levy certified for taxes payable in 1994 under Minnesota Statutes, section 124.226, subdivision 9, shall be recognized as revenue for the fiscal year in which the levy was certified.
Sec. 40. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund to the department of education for the fiscal years designated.
Subd. 2. [TRANSPORTATION AID.] For transportation aid according to Minnesota Statutes, section 124.225:
$146,262,000 ..... 1996
$155,395,000 ..... 1997
The 1996 appropriation includes $21,038,000 for 1995 and $125,224,000 for 1996.
The 1997 appropriation includes $22,098,000 for 1996 and $133,297,000 for 1997.
Subd. 3. [TRANSPORTATION SAFETY.] For student transportation safety aid according to Minnesota Statutes, section 124.225, subdivision 8m:
$1,447,000 ..... 1996
$1,327,000 ..... 1997
The 1996 appropriation includes $368,000 for 1995 and $1,079,000 for 1996.
The 1997 appropriation includes $190,000 for 1996 and $1,137,000 for 1997.
Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For transportation of pupils attending post-secondary institutions according to Minnesota Statutes, section 123.3514, or for transportation of pupils attending nonresident districts according to Minnesota Statutes, section 120.062:
$92,000 ..... 1996
$102,000 ..... 1997
Sec. 41. [EFFECTIVE DATE.]
Sections 2 to 5 and 17 to 37 are effective the day following final enactment.
Section 39 is effective retroactive to July 1, 1993, and applies for fiscal years 1994 and 1995.
Section 9 is effective beginning with taxes payable in 1996 for fiscal year 1997.
Section 1. Minnesota Statutes 1994, section 120.17, subdivision 3a, is amended to read:
Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district shall ensure that:
(1) all students with disabilities are provided the special instruction and services which are appropriate to their needs. Where the individual education plan team has determined appropriate goals and objectives based on the student's needs, including the extent to which the student can be included in the least restrictive environment, and where there are essentially equivalent and effective instruction, related services, or assistive technology devices
available to meet the student's needs, cost to the school district may be among the factors considered by the team in choosing how to provide the appropriate services, instruction, or devices that are to be made part of the student's individual education plan. The student's needs and the special education instruction and services to be provided shall be agreed upon through the development of an individual education plan. The plan shall address the student's need to develop skills to live and work as independently as possible within the community. By grade 9 or age 14, the plan shall address the student's needs for transition from secondary services to post-secondary education and training, employment, community participation, recreation, and leisure and home living. The plan must include a statement of the needed transition services, including a statement of the interagency responsibilities or linkages or both before secondary services are concluded;
(2) children with a disability under age five and their families are provided special instruction and services appropriate to the child's level of functioning and needs;
(3) children with a disability and their parents or guardians are guaranteed procedural safeguards and the right to participate in decisions involving identification, assessment and educational placement of children with a disability;
(4) to the maximum extent appropriate, children with a disability, including those in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with a disability from the regular educational environment occurs only when and to the extent that the nature or severity of the disability is such that education in regular classes with the use of supplementary services cannot be achieved satisfactorily;
(5) in accordance with recognized professional standards, testing and evaluation materials, and procedures utilized for the purposes of classification and placement of children with a disability are selected and administered so as not to be racially or culturally discriminatory; and
(6) the rights of the child are protected when the parents or guardians are not known or not available, or the child is a ward of the state.
Sec. 2. Minnesota Statutes 1994, section 120.17, subdivision 3b, is amended to read:
Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall utilize at least the following procedures for decisions involving identification, assessment, and educational placement of children with a disability:
(a) Parents and guardians shall receive prior written notice of:
(1) any proposed formal educational assessment or proposed denial of a formal educational assessment of their child;
(2) a proposed placement of their child in, transfer from or to, or denial of placement in a special education program; or
(3) the proposed provision, addition, denial or removal of special education services for their child;
(b) The district shall not proceed with the initial formal assessment of a child, the initial placement of a child in a special education program, or the initial provision of special education services for a child without the prior written consent of the child's parent or guardian. The refusal of a parent or guardian to consent may be overridden by the decision in a hearing held pursuant to clause (e) at the district's initiative;
(c) Parents and guardians shall have an opportunity to meet
with appropriate district staff in at least one conciliation
conference, mediation, or other method of alternative dispute
resolution that the parties agree to, if they object to any
proposal of which they are notified pursuant to clause (a). The
conciliation process or other form of alternative dispute
resolution shall not be used to deny or delay a parent or
guardian's right to a due process hearing. If the parent or
guardian refuses efforts by the district to conciliate the
dispute with the school district, the requirement of an
opportunity for conciliation or other alternative dispute
resolution shall be deemed to be satisfied;.
Notwithstanding other law, in any proceeding following a
conciliation conference, the school district must not offer a
conciliation conference memorandum into evidence, except for any
portions that describe the district's final proposed
offer of service. Otherwise, with respect to forms of dispute resolution, mediation, or conciliation, Minnesota Rule of Evidence 408 applies. The department of education may reimburse the districts or directly pay the costs of lay advocates, not to exceed $150 per dispute, used in conjunction with alternative dispute resolution.
(d) The commissioner shall establish a mediation process to assist parents, school districts, or other parties to resolve disputes arising out of the identification, assessment, or educational placement of children with a disability. The mediation process must be offered as an informal alternative to the due process hearing provided under clause (e), but must not be used to deny or postpone the opportunity of a parent or guardian to obtain a due process hearing.
(e) Parents, guardians, and the district shall have an opportunity to obtain an impartial due process hearing initiated and conducted by and in the school district responsible for assuring that an appropriate program is provided in accordance with state board rules, if the parent or guardian continues to object to:
(1) a proposed formal educational assessment or proposed denial of a formal educational assessment of their child;
(2) the proposed placement of their child in, or transfer of their child to a special education program;
(3) the proposed denial of placement of their child in a special education program or the transfer of their child from a special education program;
(4) the proposed provision or addition of special education services for their child; or
(5) the proposed denial or removal of special education services for their child.
At least five calendar Within five business days
before after the request for a hearing,
or as directed by the hearing officer, the objecting party
shall provide the other party with a brief written statement
of particulars of the objection and, the
reasons for the objection, and the specific remedies sought.
The other party shall provide the objecting party with a written
response to the statement of objections within five business days
of receipt of the statement.
The hearing shall take place before an impartial hearing officer mutually agreed to by the school board and the parent or guardian. If the school board and the parent or guardian are unable to agree on a hearing officer, the school board shall request the commissioner to appoint a hearing officer. The hearing officer shall not be a school board member or employee of the school district where the child resides or of the child's school district of residence, an employee of any other public agency involved in the education or care of the child, or any person with a personal or professional interest which would conflict with the person's objectivity at the hearing. A person who otherwise qualifies as a hearing officer is not an employee of the district solely because the person is paid by the district to serve as a hearing officer. If the hearing officer requests an independent educational assessment of a child, the cost of the assessment shall be at district expense. The proceedings shall be recorded and preserved, at the expense of the school district, pending ultimate disposition of the action.
(f) The decision of the hearing officer pursuant to clause (e) shall be rendered not more than 45 calendar days from the date of the receipt of the request for the hearing. A hearing officer may grant specific extensions of time beyond the 45-day period at the request of either party. The decision of the hearing officer shall be binding on all parties unless appealed to the hearing review officer by the parent, guardian, or the school board of the district where the child resides pursuant to clause (g).
The local decision shall:
(1) be in writing;
(2) state the controlling facts upon which the decision is made in sufficient detail to apprise the parties and the hearing review officer of the basis and reason for the decision;
(3) state whether the special education program or special education services appropriate to the child's needs can be reasonably provided within the resources available to the responsible district or districts;
(4) state the amount and source of any additional district expenditure necessary to implement the decision; and
(5) be based on the standards set forth in subdivision 3a and the rules of the state board.
(g) Any local decision issued pursuant to clauses (e) and (f) may be appealed to the hearing review officer within 30 calendar days of receipt of that written decision, by the parent, guardian, or the school board of the district responsible for assuring that an appropriate program is provided in accordance with state board rules.
If the decision is appealed, a written transcript of the hearing shall be made by the school district and shall be accessible to the parties involved within five calendar days of the filing of the appeal. The hearing review officer shall issue a final independent decision based on an impartial review of the local decision and the entire record within 30 calendar days after the filing of the appeal. The hearing review officer shall seek additional evidence if necessary and may afford the parties an opportunity for written or oral argument; provided any hearing held to seek additional evidence shall be an impartial due process hearing but shall be deemed not to be a contested case hearing for purposes of chapter 14. The hearing review officer may grant specific extensions of time beyond the 30-day period at the request of any party.
The final decision shall:
(1) be in writing;
(2) include findings and conclusions; and
(3) be based upon the standards set forth in subdivision 3a and in the rules of the state board.
(h) The decision of the hearing review officer shall be final unless appealed by the parent or guardian or school board to the court of appeals. The judicial review shall be in accordance with chapter 14.
(i) The commissioner of education shall select an individual who has the qualifications enumerated in this paragraph to serve as the hearing review officer:
(1) the individual must be knowledgeable and impartial;
(2) the individual must not have a personal interest in or specific involvement with the student who is a party to the hearing;
(3) the individual must not have been employed as an administrator by the district that is a party to the hearing;
(4) the individual must not have been involved in the selection of the administrators of the district that is a party to the hearing;
(5) the individual must not have a personal, economic, or professional interest in the outcome of the hearing other than the proper administration of the federal and state laws, rules, and policies;
(6) the individual must not have substantial involvement in the development of a state or local policy or procedures that are challenged in the appeal; and
(7) the individual is not a current employee or board member of a Minnesota public school district, education district, intermediate unit or regional education agency, the state department of education, the state board of education, or a parent advocacy organization or group.
(j) In all appeals, the parent or guardian of the pupil with a
disability or the district that is a party to the hearing may
challenge the impartiality or competence of the proposed hearing
review officer by applying to the state board of education
hearing review officer.
(k) Pending the completion of proceedings pursuant to this subdivision, unless the district and the parent or guardian of the child agree otherwise, the child shall remain in the child's current educational placement and shall not be denied initial admission to school.
(l) The child's school district of residence, a resident district, and providing district shall receive notice of and may be a party to any hearings or appeals under this subdivision.
(m) A school district is not liable for harmless technical violations of this subdivision or rules implementing this subdivision if the school district can demonstrate on a case-by-case basis that the violations did not harm the student's educational progress or the parent or guardian's right to notice, participation, or due process.
(n) Within ten calendar days after appointment, the hearing officer shall schedule and hold a prehearing conference. At that conference, or later, the hearing officer may take any appropriate action that a court might take under Rule 16 of Minnesota Rules of Civil Procedure including, but not limited to, scheduling, jurisdiction, and listing witnesses including expert witnesses.
(o) A hearing officer or hearing review officer appointed under this subdivision shall be deemed to be an employee of the state under section 3.732 for the purposes of section 3.736 only.
(p) In order to be eligible for selection, hearing officers and hearing review officers shall participate in training and follow procedures as designated by the commissioner.
Sec. 3. Minnesota Statutes 1994, section 120.17, is amended by adding a subdivision to read:
Subd. 3d. [INTERAGENCY SERVICES.] If at the time of initial referral for an educational assessment, or a reassessment, the school district determines that a child with disabilities who is age 3 through 21 may be eligible for interagency services, the district may request that the county of residence provide a representative to the initial assessment or reassessment team meeting or the first individual education plan team meeting following the assessment or reassessment. The district may request to have a county representative attend other individual education plan team meetings when it is necessary to facilitate coordination between district and county provided services. Upon request from a school district, the resident county shall provide a representative to assist the individual education plan team in determining the child's eligibility for existing health, mental health, or other support services administered or provided by the county. The individual education plan team and the county representative shall develop an interagency plan of care for an eligible child and the child's family to coordinate services required under the child's individual education plan with county services. The interagency plan of care shall include appropriate family information with the consent of the family, a description of how services will be coordinated between the district and county, a description of service coordinator responsibilities and services, and a description of activities for obtaining third-party payment for eligible services, including medical assistance payments.
Sec. 4. Minnesota Statutes 1994, section 121.8355, subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) Each collaborative shall:
(1) establish, with assistance from families and service providers, clear goals for addressing the health, developmental, educational, and family-related needs of children and youth and use outcome-based indicators to measure progress toward achieving those goals;
(2) establish a comprehensive planning process that involves all sectors of the community, identifies local needs, and surveys existing local programs;
(3) integrate service funding sources so that children and their families obtain services from providers best able to anticipate and meet their needs;
(4) coordinate families' services to avoid duplicative and overlapping assessment and intake procedures;
(5) focus primarily on family-centered services;
(6) encourage parents and volunteers to actively participate by using flexible scheduling and actively recruiting volunteers;
(7) provide services in locations that are readily accessible to children and families;
(8) use new or reallocated funds to improve or enhance services provided to children and their families;
(9) identify federal, state, and local institutional barriers to coordinating services and suggest ways to remove these barriers; and
(10) design and implement an integrated local service delivery system for children and their families that coordinates services across agencies and is client centered. The delivery system shall provide a continuum of services for children birth to age 18, or birth through age 21 for individuals with disabilities. The collaborative shall describe the community plan for serving pregnant women and children from birth to age six.
(b) The outcome-based indicators developed in paragraph (a), clause (1), may include the number of low birth weight babies, the infant mortality rate, the number of children who are adequately immunized and healthy, require out-of-home placement or long-term special education services, and the number of minor parents.
Sec. 5. Minnesota Statutes 1994, section 123.3514, subdivision 7, is amended to read:
Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary institution that receives reimbursement for a pupil under subdivision 6 may not charge that pupil for fees, textbooks, materials, support services as defined in section 135A.16, or other necessary costs of the course or program in which the pupil is enrolled if the charge would be prohibited under section 120.74, except for equipment purchased by the pupil that becomes the property of the pupil. An institution may require the pupil to pay for fees, textbooks, and materials for a course taken for post-secondary credit.
Sec. 6. Minnesota Statutes 1994, section 123.3514, is amended by adding a subdivision to read:
Subd. 7b. [SUPPORT SERVICES.] The postsecondary institution shall inform the pupil of the support services available at that institution. If the student has an individual education plan that provides general education support and accommodations, the post-secondary institution shall provide the support services as described in the student's IEP and the post-secondary institution and the district shall negotiate an agreement on the rate to be charged for the services. Nothing in this section shall prevent the student from enrolling while the agreement is being developed. If the parties cannot agree on the services, on application of either party, the commissioner shall resolve the dispute in the same manner the commissioner fixes tuition rates under section 120.17, subdivision 4. The commissioner's decision is binding on both parties.
Sec. 7. Minnesota Statutes 1994, section 125.62, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A grant program is established to assist American Indian people to become teachers and to provide additional education for American Indian teachers. The state board may award a joint grant to each of the following:
(1) the Duluth campus of the University of Minnesota and independent school district No. 709, Duluth;
(2) Bemidji state university and independent school district No. 38, Red Lake;
(3) Moorhead state university and one of the school districts located within the White Earth reservation; and
(4) Augsburg college, independent school district No. 625, St. Paul, and special school district No. 1, Minneapolis.
Sec. 8. Minnesota Statutes 1994, section 125.62, subdivision 7, is amended to read:
Subd. 7. [LOAN FORGIVENESS.] The loan may be forgiven if the
recipient is employed as a teacher, as defined in section 125.12
or 125.17, in an eligible school or program in Minnesota.
One-fifth One-fourth of the principal of the
outstanding loan amount shall be forgiven for each year of
eligible employment, or a pro rata amount for eligible employment
during part of a school year, part-time employment as a
substitute teacher, or other eligible part-time teaching.
Loans for $2,500 or less may be forgiven at the rate of up to
$1,250 per year. The following schools and programs are
eligible for the purposes of loan forgiveness:
(1) a school or program operated by a school district;
(2) a tribal contract school eligible to receive aid according to section 124.86;
(3) a head start program;
(4) an early childhood family education program; or
(5) a program providing educational services to children who have not entered kindergarten; or
(6) a program providing educational enrichment services to American Indian students in grades kindergarten through 12.
If a person has an outstanding loan obtained through this program, the duty to make payments of principal and interest may be deferred during any time period the person is enrolled at least one-half time in an advanced degree program in a field that leads to employment by a school district. To defer loan obligations, the person shall provide written notification to the state board of education and the recipients of the joint grant that originally authorized the loan. Upon approval by the state board and the joint grant recipients, payments shall be deferred.
The loan forgiveness program, loan deferral, and procedures to administer the program shall be approved by the higher education coordinating board.
Sec. 9. Minnesota Statutes 1994, section 126.49, is amended by adding a subdivision to read:
Subd. 2a. [RESOLUTION OR LETTER.] All persons applying for a license under this section must submit to the board a resolution or letter of support signed by an American Indian tribal government or its designee. All persons holding a license under this section on the effective date of this section must have on file or file with the board a resolution or letter of support signed by a tribal government or its designee by January 1, 1996, or the next renewal date of the license thereafter.
Sec. 10. [127.392] [INCARCERATED STUDENTS.]
Notwithstanding sections 127.26 to 127.39, a student who has been adjudicated for committing a crime of violence under section 624.712, subdivision 5, and released from a correctional institution or a juvenile services program may be diverted, at the discretion of the school district, from the general school population to a substantive alternative instructional program for up to one year, if the school district, after consultation with the student's parole officer determines that the student's presence in the general school population will be detrimental to the instructional programs. If a student has an individual education plan, the placement decision must meet federal requirements, if any. The student may appeal a decision to be diverted from the general school population by writ of certiorari as provided by law.
Sec. 11. Laws 1994, chapter 587, article 3, section 19, subdivision 1, is amended to read:
Subdivision 1. [SPECIAL EDUCATION AID.] $17,500,000 is
appropriated in fiscal year 1994 from the general fund to the
department of education for special education aid to school
districts. This appropriation is available until June 30, 1995.
This amount is added to the appropriations for aid for special
education programs contained in Laws 1993, chapter 224, article
3, section 38, subdivisions 2, 4, 8, 11, and 14. The
individual appropriations shall be increased by the commissioner
of finance in the amounts determined by the commissioner of
education. This amount is appropriated to eliminate the
fiscal year 1993 deficiencies and eliminate or reduce the
fiscal year 1995 deficiencies in the appropriations in those
subdivisions. Any amount not needed for these purposes is
available to eliminate or reduce the fiscal year 1994
deficiencies in the appropriations in those subdivisions. The
commissioner of finance shall transfer amounts among the
appropriations in those subdivisions as determined by the
department of education. The department must reduce a school
district's payable 1995 levy limitations by the full amount of
the aid payments made to the school district according to this
subdivision. This appropriation shall not be included in
determining the amount of a deficiency in the special education
programs for fiscal year years 1994 and 1995 for
the purpose of allocating any excess appropriations to aid or
grant programs with insufficient appropriations as provided in
Minnesota Statutes, section 124.14, subdivision 7.
Notwithstanding Minnesota Statutes, section 124.195,
subdivision 10, 100 percent of this appropriation must be paid in
fiscal years 1994 and 1995. This appropriation is not to be
included in a base budget for future fiscal years.
Sec. 12. [OPTIONS PLUS PILOT PROGRAM.]
Subdivision 1. [PURPOSE.] A pilot program is established to support general education classroom teachers who teach children with specific learning disabilities. The goals of the pilot program are to:
(1) increase participation of these children in noncategorical programming designed to encourage their maximum potential and maintain their self-esteem;
(2) demonstrate results in measurable educational outcomes;
(3) provide alternatives to special education that focus on children's educational progress and results, respond to the individual child, are efficient and cost-effective, and ensure the rights of eligible children and their families to due process;
(4) increase general education's ability to educate in a manner that decreases the need for pull-out programs for students with specific learning disabilities; and
(5) implement alternative approaches to conflict resolution.
Subd. 2. [DEFINITIONS.] For the purposes of this section the terms defined in this subdivision have the meanings given them.
(a) "Accommodation" means any technique that alters the educational setting to enable the child to reach the child's maximum potential and to demonstrate more accurately the child's knowledge and educational progress. Accommodations may include, but are not limited to: preferential seating, paraphrasing of information, instructions, practice activities and directions provided in a manner consistent with the child's learning style, opportunity for increased response time, more frequent opportunity for review, extended time to complete assignments and tests, larger print for assignments or tests, special study sheets, extended or untimed tests, oral testing and answering, and use of assistive technology within and outside the educational environment.
(b) "Assistive technology" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities.
(c) "Competency" means a documented and demonstrated attitude, skill, or knowledge base resulting in an ability of general education personnel to provide accommodations, modifications, and personalized instruction, according to the eligible child's individual learning styles, within general education environments.
(d) "Consistently available" means that education personnel who demonstrate competency are site-based and designated as a resource for the development and use of accommodations, modifications, and personalized instruction in general education.
(e) "Eligible children" means those children who have specific learning disabilities or conditions related to these disabilities according to recognized professional standards and documented by appropriately licensed personnel.
(f) "Learner plan" means a concise written plan that is based on the eligible child's documented specific learning disabilities and needs; includes the eligible child's strengths that may compensate for those differences and needs; provides the child, the child's parent, and all general education personnel responsible for direct instruction with information that results in clear understanding and subsequent use of accommodations, modifications, and personalized instruction; and includes methods of evaluating the child's progress that are consistent with learning differences, needs, strengths, modifications, and accommodations, and are at intervals identical to the student population of the school in which the child participating in Options Plus is enrolled.
(g) "Modification" means any technique that alters the school work required, makes it different from the school work required or other students in the same course, and encourages the eligible child to reach the child's maximum potential and facilitate educational success. Modifications may include, but are not limited to: copies of teacher notes and lesson plans, assisted note taking, reduced or altered assignments, increased assignments in areas of strength, alternative test formats, modified testing, peer assistance, cooperative learning, and modified grading such as documentation of progress and results.
(h) "Parent" means a parent, guardian, or person acting as a parent of a child.
(i) "Personalized instruction" means direct instruction designed with knowledge of the child's learning style, strengths, and differences, to assist the child to gain in skill areas, so the child demonstrates progress toward and outcomes necessary to become a successful citizen.
Subd. 3. [APPLICATION.] (a) An Options Plus applicant must be a school district or districts that cooperate for a particular purpose. To be eligible for an Options Plus pilot program grant, a district or districts must submit an application to the commissioner of education in the form and manner prescribed by the commissioner. The application must describe:
(1) how the applicant will ensure that eligible children receive accommodations, modifications, and personalized instruction;
(2) the methods to be used to develop a learner plan for each child participating in the program and to evaluate individual progress, outcomes, and cumulative results including parent satisfaction;
(3) the projected number of students participating in the program;
(4) the current and projected level of educator competency at each district site where an Options Plus program will be established;
(5) procedures for assessing and determining eligibility of students with specific learning disabilities in accordance with Minnesota Rules, parts 3525.1325 to 3525.1347;
(6) procedures for informing the parent and child, as appropriate, of all procedural safeguards and dispute resolution alternatives available under the Individuals with Disabilities Education Act (IDEA), United States Code, title 20, section 1400 et seq., American with Disabilities Act of 1990 (ADA), United States Code, title 42, section 12101 et seq., Rehabilitation Act of 1973, United States Code, title 29, section 794, and applicable state law;
(7) alternative dispute resolution methods to be implemented if agreed upon by the parent and are instituted in a timely manner not to exceed 30 days or in accordance with current laws; and
(8) any additional information required by the commissioner.
(b) Districts shall continue accounting procedures for documenting that federal special education funds are expended for child find, identification, and evaluation consistent with federal law. A district shall not include children participating in the Options Plus program in special education child counts or funding formulas.
Subd. 4. [RIGHTS OF PARENT AND CHILD.] Any child enrolled in an Options Plus pilot program may withdraw at any time upon written request of the parent or child and seek or reinstate eligibility for services under Minnesota Statutes, section 120.17. If a child who withdraws was previously served through an individual education plan under Minnesota Statutes, section 120.17, the parent shall retain the right to immediately reinstate the last agreed upon individual education plan.
Subd. 5. [USE OF FUNDS.] Options Plus pilot program grants shall be used to supplement staff development funding under Minnesota Statutes, section 124A.29, to train general education classroom teachers to meet the needs of children with specific learning disabilities. The training shall result in each participating teacher achieving the following competencies:
(1) understanding and communicating to the parents of the child the options available for instruction;
(2) the ability to assess the learning environment and provide the necessary accommodations, modifications, and personalized instruction necessary to meet the needs of the child; and
(3) the ability to work collaboratively and in teams with other teachers and support and related services staff.
Subd. 6. [REPORT.] A school district receiving an Options Plus pilot program grant shall report to the commissioner of education on the educational impact and cost-effectiveness of the Options Plus program by February 15, 1997. The commissioner shall evaluate the effectiveness of the Options Plus program and recommend to the education committees of the legislature by February 15, 1998, whether the program should be continued or expanded statewide and whether to include other disability areas.
Sec. 13. [STATE VOCATIONAL SCHOOL PLANNING PROCESS.]
Subdivision 1. [PLANNING COMMITTEE.] A planning committee is established to develop a preliminary plan for a state-of-the-art vocational high school in Minnesota to serve the needs of students with special vocational interests and talents, and to serve as a demonstration site for vocational education. The committee shall consist of 21 members. The governor, speaker of the house of representatives, and the majority leader of the senate shall each appoint seven members. The governor's appointments must include the commissioners of education and human services or their designees. Members also must include potential students and their parents, imaginative practicing teachers, high school administrators, representatives of business and labor, and community representatives. The committee is subject to Minnesota Statutes, section 15.059.
Subd. 2. [PURPOSES.] The purposes of the planning committee are to:
(1) evaluate the need for a vocational high school, including the needs of Minnesota students for vocational training and the needs of private sector employers for skilled, vocationally trained employees;
(2) determine the capacity of Minnesota's secondary schools to meet this need;
(3) identify the challenges and opportunities for vocational education;
(4) develop a preliminary plan for a vocational high school to meet the identified needs;
(5) develop a learning signature for a vocational high school based on its focus, including educational goals, learning organization, anticipated learner results, and staffing and staff development;
(6) describe the anticipated partnerships of the vocational school with other secondary educational institutions, post-secondary institutions, business and labor, community organizations, and students' families;
(7) develop a technology and equipment plan for the proposed school; and
(8) develop preliminary cost estimates for a vocational school.
Subd. 3. [APPOINTMENTS; MEETINGS.] The planning committee must be appointed by July 1, 1995. The committee must begin meeting in July 1995. At least some of the committee meetings must be held outside the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2.
Subd. 4. [REPORT.] The planning committee shall make a report of its work to the education committees of the legislature in February 1996.
Subd. 5. [STAFF; OFFICE SPACE.] The planning committee may appoint staff as necessary to assist in its work. The staff are members of the unclassified service of the state. The commissioner of education shall provide office space for the committee staff.
Sec. 14. [MEXICAN ORIGIN EDUCATION PILOT GRANT PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A Mexican origin education pilot grant program is established to assist school districts and communities in meeting the educational and culturally related academic needs of students of Mexican origin.
Subd. 2. [EXPECTED OUTCOMES.] Grant recipients shall use the funds for programs designed to improve the school success of students of Mexican origin. Grant proceeds may be used for curriculum and staff development, tutoring, mentoring, parent involvement, and other programs that are designed to:
(1) improve student achievement and reduce dropout rates;
(2) increase student knowledge and understanding of Mexican history;
(3) improve instruction by developing the cultural competence skills of teachers and other staff; and
(4) increase parent involvement in education and the school community.
Subd. 3. [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.] The commissioner of education shall prescribe the form and manner of applications and may award grants to the applicants likely to meet the outcomes in subdivision 2. The commissioner shall give preference to grant proposals that provide collaboration with community resources and a local match.
Sec. 15. [COMMISSIONERS' DUTIES.]
Subdivision 1. [ALIGNMENT OF RULES.] The commissioners of education, human services, and health shall review current state rules and statutes concerning the disability definitions, eligibility criteria, assessment and diagnostic practices, licensing of service providers, aversive and deprivation procedures, and case management procedures for programs and services for children with disabilities provided by the education and human services systems. The commissioners shall report to the education and health and human services committees of the legislature by February 15, 1996, on recommendations for modifying state rules and statutes and applying for necessary federal waivers to improve service delivery and promote integration and collaboration between the education and human services systems. The commissioners shall include state and local program administrators and service providers in the process for reviewing the state statutes and rules.
Sec. 16. [LOCAL TRAINING PROGRAMS.]
The commissioners of education, human services, and health shall jointly develop and implement a training program for local staff in school districts and county human services and social services agencies who work with children with disabilities and their families. Implementation of the training program shall begin no later than January 15, 1996. The training shall familiarize staff with the disability definitions, eligibility criteria, assessment and diagnostic practices, available services, and case management procedures of each of the service providing systems. The goal of the training is to enable local staff to determine if children with disabilities may be eligible for interagency services, involve staff from appropriate agencies in collaboratively developing a multiagency plan of care, reduce duplication and promote service coordination, and improve services to children with disabilities and their families.
Sec. 17. [OSSEO LEVY.]
For 1995 taxes payable in 1996 only, independent school district No. 279, Osseo, may levy a tax in an amount not to exceed $500,000. The proceeds of this levy must be used to provide instructional services for at-risk children.
Sec. 18. [FEDERAL SPECIAL EDUCATION FUNDS.]
A school district shall not transfer a special education expenditure from a federal revenue source to a state revenue source for fiscal year 1995 after March 30, 1995.
Sec. 19. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund or other named fund to the department of education for the fiscal years designated.
Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] For grants to American Indian language and culture education programs according to Minnesota Statutes, section 126.54, subdivision 1:
$591,000 ..... 1996
$591,000 ..... 1997
The 1996 appropriation includes $88,000 for 1995 and $503,000 for 1996.
The 1997 appropriation includes $88,000 for 1996 and $503,000 for 1997.
Any balance in the first year does not cancel but is available in the second year.
Subd. 3. [AMERICAN INDIAN EDUCATION.] (a) For certain American Indian education programs in school districts:
$175,000 ..... 1996
$175,000 ..... 1997
The 1996 appropriation includes $26,000 for 1995 and $149,000 for 1996.
The 1997 appropriation includes $26,000 for 1996 and $149,000 for 1997.
(b) These appropriations are available for expenditure with the approval of the commissioner of the department of education.
(c) The commissioner must not approve the payment of any amount to a school district or school under this subdivision unless that school district or school is in compliance with all applicable laws of this state.
(d) Up to the following amounts may be distributed to the following schools and school districts for each fiscal year: $54,800, Pine Point School; $9,800 to independent school district No. 166, Cook county; $14,900 to independent school district No. 432, Mahnomen; $14,200 to independent school district No. 435, Waubun; $42,200 to independent school district No. 707, Nett Lake; and $39,100 to independent school district No. 38, Red Lake. These amounts must be spent only for the benefit of American Indian pupils and to meet established state educational standards or statewide requirements.
(e) Before a district or school can receive money under this subdivision, the district or school must submit, to the commissioner, evidence that it has complied with the uniform financial accounting and reporting standards act, Minnesota Statutes, sections 121.904 to 121.917.
Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION GRANTS.] For American Indian post-secondary preparation grants according to Minnesota Statutes, section 124.481:
$857,000 ..... 1996
$857,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American Indian scholarships according to Minnesota Statutes, section 124.48:
$1,600,000 ..... 1996
$1,600,000 ..... 1997
Any unexpended balance remaining in the first year does not cancel but is available in the second year.
Subd. 6. [INDIAN TEACHER PREPARATION GRANTS.] (a) For joint grants to assist Indian people to become teachers:
$190,000 ..... 1996
$190,000 ..... 1997
(b) Up to $70,000 each year is for a joint grant to the University of Minnesota at Duluth and the Duluth school district.
(c) Up to $40,000 each year is for a joint grant to each of the following:
(1) Bemidji state university and the Red Lake school district;
(2) Moorhead state university and a school district located within the White Earth reservation; and
(3) Augsburg college, independent school district No. 625, St. Paul, and the Minneapolis school district.
(d) Money not used for students at one location may be transferred for use at another location.
(e) Any balance in the first year does not cancel but is available in the second year.
Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract school aid according to Minnesota Statutes, section 124.86:
$238,000 ..... 1996
$361,000 ..... 1997
The 1996 appropriation includes $19,000 for 1995 and $219,000 for 1996.
The 1997 appropriation includes $38,000 for 1996 and $323,000 for 1997.
Subd. 8. [EARLY CHILDHOOD PROGRAMS AT TRIBAL SCHOOLS.] For early childhood family education programs at tribal contract schools:
$68,000 ..... 1996
$68,000 ..... 1997
Subd. 9. [PART H.] For the department of education's share of the state's obligation under Part H:
$-0-..... 1996
$400,000 ..... 1997
This appropriation assumes that the departments of health and human services will contribute $1,635,000 for the state share of Part H costs.
Subd. 10. [AMERICAN SIGN LANGUAGE; TEACHER EDUCATION HEARING.] To assist school districts in educating teachers in American sign language:
$13,000 ..... 1996
$12,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 11. [MEXICAN ORIGIN EDUCATION GRANTS.] For grants for a Mexican origin education pilot grant program:
$50,000 ..... 1996
$25,000 .....1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 12. [LAY ADVOCATES.] To pay or reimburse lay advocates for their time and expense as provided in Minnesota Statutes, section 120.17:
$10,000 ..... 1996
This appropriation is available until June 30, 1997.
Subd. 13. [OPTIONS PLUS PILOT GRANTS.] For grants to school districts for options plus pilot programs:
$100,000 ....... 1996
Each grant shall not exceed $50,000.
This appropriation is available until June 30, 1997.
Recipients are encouraged to use other staff development resources if available.
Subd. 14. [VOCATIONAL SCHOOL PLANNING.] For staff costs and related expenses for the vocational school planning committee:
$100,000 ..... 1996
Subd. 15. [SECONDARY VOCATIONAL EDUCATION AID.] For secondary vocational education aid according to Minnesota Statutes, section 124.573:
$11,874,000 ..... 1996
$11,596,000 ..... 1997
The 1996 appropriation includes $2,017,000 for 1995 and $9,857,000 for 1996.
The 1997 appropriation includes $1,739,000 for 1996 and $9,857,000 for 1997.
Subd. 16. [SCHOOL INTERPRETERS.] For grants for school interpreters to upgrade their interpreting/transliterating skills and obtain certification:
$225,000 ..... 1996
Up to five percent of this amount may be used for administration of this program.
This appropriation is available until June 30, 1997.
Sec. 20. [EFFECTIVE DATE.]
Sections 11 and 13 are effective the day following final enactment.
COMMUNITY PROGRAMS
Section 1. Minnesota Statutes 1994, section 116J.655, is amended to read:
116J.655 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.]
The commissioner of trade and economic development shall establish a youth entrepreneurship education program to improve the academic and entrepreneurial skills of students and aid in their transition from school to business creation. The program shall strengthen local economies by creating jobs that enable citizens to remain in their communities and to foster cooperation among educators, economic development professionals, business leaders, and
representatives of labor. Assistance under this section shall be available to new or existing student-operated or school-operated businesses that have an educational purpose, and provide service or products for customers or clients who do not attend or work at the sponsoring school. The commissioner may require an equal local match for assistance under this section up to the maximum grant amount of $20,000.
Sec. 2. Minnesota Statutes 1994, section 121.702, is amended by adding a subdivision to read:
Subd. 10. [COUNCIL.] "Council" means the governor's workforce development council.
Sec. 3. Minnesota Statutes 1994, section 121.705, is amended to read:
121.705 [YOUTH WORKS GRANTS.]
Subdivision 1. [APPLICATION.] An eligible organization interested in receiving a grant under sections 121.704 to 121.709 may prepare and submit to the commission, and beginning January 1, 1997, the council, an application that complies with section 121.706.
Subd. 2. [GRANT AUTHORITY.] The commission and, beginning January 1, 1997, the council shall use any state appropriation and any available federal funds, including any grant received under federal law, to award grants to establish programs for youth works meeting the requirements of section 121.706. At least one grant each must be available for a metropolitan proposal, a rural proposal, and a statewide proposal. If a portion of the suburban metropolitan area is not included in the metropolitan grant proposal, the statewide grant proposal must incorporate at least one suburban metropolitan area. In awarding grants, the commission and, beginning January 1, 1997, the council may select at least one residential proposal and one nonresidential proposal, provided the proposals meet or exceed the criteria in section 121.706.
Sec. 4. Minnesota Statutes 1994, section 121.706, is amended to read:
121.706 [GRANT APPLICATIONS.]
Subdivision 1. [APPLICATIONS REQUIRED.] An organization seeking federal or state grant money under sections 121.704 to 121.709 shall prepare and submit to the commission and, beginning January 1, 1997, the council an application that meets the requirements of this section. The commission and, beginning January 1, 1997, the council shall develop, and the applying organizations shall comply with, the form and manner of the application.
Subd. 2. [APPLICATION CONTENT.] An applicant on its application shall:
(1) propose a program to provide participants the opportunity to perform community service to meet specific unmet community needs, and participate in classroom, work-based, and service learning;
(2) assess the community's unmet educational, human, environmental, and public safety needs, the resources and programs available for meeting those needs, and how young people participated in assessing community needs;
(3) describe the educational component of the program, including classroom hours per week, classroom time for participants to reflect on the program experience, and anticipated academic outcomes related to the service experience;
(4) describe the work to be performed, the ratio of youth participants to crew leaders and mentors, and the expectations and qualifications for crew leaders and mentors;
(5) describe local funds or resources available to meet the match requirements of section 121.709;
(6) describe any funds available for the program from sources other than the requested grant;
(7) describe any agreements with local businesses to provide participants with work-learning opportunities and mentors;
(8) describe any agreement with local post-secondary educational institutions to offer participants course credits for their community service learning experience;
(9) describe any agreement with a local high school or an alternative learning center to provide remedial education, credit for community service work and work-based learning, or graduate equivalency degrees;
(10) describe any pay for service or other program delivery mechanism that will provide reimbursement for benefits conferred or recover costs of services participants perform;
(11) describe how local resources will be used to provide support and assistance for participants to encourage them to continue with the program, fulfill the terms of the contract, and remain eligible for any postservice benefit;
(12) describe the arbitration mechanism for dispute resolution required under section 121.707, subdivision 2;
(13) describe involvement of community leaders in developing broad-based support for the program;
(14) describe the consultation and sign-off process to be used with any local labor organization representing employees in the area engaged in work similar to that proposed for the program to ensure that no current employees or available employment positions will be displaced by program participants;
(15) certify to the commission and, beginning January 1, 1997, the council, and to any certified bargaining representatives representing employees of the applying organization that the project will not decrease employment opportunities that would be available without the project; will not displace current employees including any partial displacement in the form of reduced hours of work other than overtime, wages, employment benefits, or regular seasonal work; will not impair existing labor agreements; and will not result in the substitution of project funding for preexisting funds or sources of funds for ongoing work;
(16) describe the length of the required service period, which may not be less than six months or more than two years, a method to incorporate a participant's readiness to advance or need for postservice financial assistance into individual service requirements, and any opportunity for participating part time or in another program;
(17) describe a program evaluation plan that contains cost-effectiveness measures, measures of participant success including educational accomplishments, job placements, community contributions, and ongoing volunteer activities, outcome measures based on a preprogram and postprogram survey of community rates of arrest, incarceration, teenage pregnancy, and other indicators of youth in trouble, and a list of local resources dedicated to reducing these rates;
(18) describe a three-year financial plan for maintaining the program;
(19) describe the role of local youth in developing all aspects of the grant proposal; and
(20) describe the process by which the local private industry council participated in, and reviewed the grant application.
Sec. 5. Minnesota Statutes 1994, section 121.707, subdivision 2, is amended to read:
Subd. 2. [TERMS OF SERVICE.] (a) A participant shall agree to perform community service for the period required unless the participant is unable to complete the terms of service for the reason provided in paragraph (b).
An agreement to perform community service must be in the form of a written contract between the participant and the grantee organization. Terms of the contract must include a length of service between six months and two years, the amount of the postservice benefit earned upon completion of the contracted length of service, the participant's education goals and commitment, the anticipated date of completion, dismissal for cause, including failure to fully participate in the education component, and the exclusive right to challenge a dismissal for cause through binding arbitration. The arbitrator must be chosen jointly by the grantee organization and the participant from the community or, if agreement cannot be reached, an arbitrator must be determined from a list of arbitrators provided by the American Arbitration Association. The sole remedy available to the participant through arbitration is reinstatement to the program and eligibility for postservice benefits. The parent or guardian of a minor shall consent in writing to the contract between the participant and the grantee organization.
(b) If the grantee organization releases a participant from completing a term of service in a program receiving assistance under sections 121.704 to 121.709 for compelling personal circumstances as demonstrated by the participant, or if the program in which the participant serves does not receive continued funding for any reason, the grantee organization may provide the participant with that portion of the financial assistance described in subdivision 3 that corresponds to the quantity of the service obligation completed by the individual.
If the grantee organization terminates a participant for cause or a participant resigns without demonstrating compelling personal circumstances under this section, no postservice benefit under subdivision 3 may be paid.
(c) A participant performing part-time service under sections 121.701 to 121.710 shall serve at least two weekends each month and two weeks during the year. A part-time participant shall serve at least 900 hours during a period of not more than two years, or three years if enrolled in an institution of higher education. A participant performing full-time service under sections 121.701 to 121.710 shall serve at least 1,700 hours during a period of not less than nine months, or more than one year.
(d) Notwithstanding any other law to the contrary, for purposes of tort liability under sections 3.732 and 3.736, while participating in a program a participant is an employee of the state.
(e) Participants performing community service in a program are not public employees for purposes of chapter 43A, 179A, 197, 353, or any other law governing hiring or discharging of public employees.
Sec. 6. Minnesota Statutes 1994, section 121.707, subdivision 3, is amended to read:
Subd. 3. [POSTSERVICE BENEFIT.] (a) Each eligible
organization shall agree to provide to every participant
shall who fulfills the terms of a contract under
section 121.707, subdivision 2, receive a
nontransferable postservice benefit upon successfully
completing the program. The benefit must be not less than
$4,725 per year of full-time service or prorated for part-time
service or for partial service of at least 900 hours. Upon
signing a contract under section 121.707, subdivision 2, each
eligible organization shall deposit funds to cover the full
amount of postservice benefits obligated, except for national
education awards that are deposited in the national service trust
fund. Funds encumbered in fiscal years 1994 and 1995 for
postservice benefits shall be available until the participants
for whom the funds were encumbered are no longer eligible to draw
benefits.
(b) Nothing in this subdivision prevents a grantee organization from using funds from nonfederal or nonstate sources to increase the value of postservice benefits above the value described in paragraph (a).
(c) The higher education coordinating board shall establish an
account for depositing funds for postservice benefits received
from eligible organizations. If a participant does not
complete the term of service or, upon successful completion of
the program, does not use a postservice benefit according to
subdivision 4 within seven years after completing the
program, the amount of the postservice benefit shall be
used to provide a postservice benefit refunded to the
eligible organization or, at the organization's discretion,
dedicated to another eligible participant. Interest
earned on funds deposited in the postservice benefit account is
appropriated to the higher education coordinating board for the
costs of administering the postservice benefits accounts.
(d) The state shall provide an additional postservice benefit to any participant who successfully completes the program. The benefit must be a credit of five points to be added to the competitive open rating of a participant who obtains a passing grade on a civil service examination under chapter 43A. The benefit is available for five years after completing the community service.
Sec. 7. Minnesota Statutes 1994, section 121.707, subdivision 4, is amended to read:
Subd. 4. [USES OF POSTSERVICE BENEFITS.] (a) A postservice benefit for a participant provided under subdivision 3, paragraph (a), (b), or (c), must be available for seven years after completing the program and may only be used for:
(1) paying a student loan;
(2) costs of attending an institution of higher education; or
(3) expenses incurred by a student in an approved youth apprenticeship program under chapter 126B, or in a registered apprenticeship program approved by the department of labor and industry.
Financial assistance provided under this subdivision must be in the form of vendor payments whenever possible. Any postservice benefits provided by federal funds or vouchers may be used as a downpayment on, or closing costs for, purchasing a first home.
(b) Postservice benefits are to be used to develop skills required in occupations where numbers of jobs are likely to increase. The commission, in consultation with the education and employment transitions council, and beginning January 1, 1997, the workforce development council, shall determine how the benefits may be used in order to best prepare participants with skills that build on their service learning and equip them for meaningful employment.
(c) The postservice benefit shall not be included in determining financial need when establishing eligibility or award amounts for financial assistance programs under chapter 136A.
Sec. 8. Minnesota Statutes 1994, section 121.707, subdivision 6, is amended to read:
Subd. 6. [PROGRAM TRAINING.] (a) The commission and, beginning January 1, 1997, the council shall, within available resources, ensure an opportunity for each participant to have three weeks of training in a residential setting. If offered, each training session must:
(1) orient each participant in the nature, philosophy, and purpose of the program;
(2) build an ethic of community service through general community service training; and
(3) provide additional training as it determines necessary.
(b) Each grantee organization shall also train participants in skills relevant to the community service opportunity.
Sec. 9. Minnesota Statutes 1994, section 121.707, subdivision 7, is amended to read:
Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each grantee organization shall assess the educational level of each entering participant. Each grantee shall work to enhance the educational skills of each participant. The commission and, beginning January 1, 1997, the council may coordinate or contract with educational institutions or other providers for educational services and evaluation. All grantees shall give priority to educating and training participants who do not have a high school diploma or its equivalent, or who cannot afford post-secondary training and education.
Sec. 10. Minnesota Statutes 1994, section 121.708, is amended to read:
121.708 [PRIORITY.]
The commission and, beginning January 1, 1997, the council shall give priority to an eligible organization proposing a program that meets the goals of sections 121.704 to 121.707, and that:
(1) involves youth in a meaningful way in all stages of the program, including assessing community needs, preparing the application, and assuming postservice leadership and mentoring responsibilities;
(2) serves a community with significant unmet needs;
(3) provides an approach that is most likely to reduce arrest rates, incarceration rates, teenage pregnancy, and other indicators of troubled youth;
(4) builds linkages with existing, successful programs; and
(5) can be operational quickly.
Sec. 11. Minnesota Statutes 1994, section 121.709, is amended to read:
121.709 [MATCH REQUIREMENTS.]
Youth works grant funds must be used for the living allowance,
cost of employer taxes under sections 3111 and 3301 of the
Internal Revenue Code of 1986, workers' compensation coverage,
and health benefits for each program participant. Youthworks
grant funds may also be used to supplement applicant resources to
fund postservice benefits for program participants. Applicant
resources, from sources and in a form determined by the
commission and, beginning January 1, 1997, the council,
must be used to provide for all other program operating
costs, including the portion of the applicant's obligation for
postservice benefits that is not covered by state or federal
grant funds and such costs as supplies, materials,
transportation, and salaries and benefits of those staff directly
involved in the operation, internal monitoring, and evaluation of
the program. Administrative expenses must not exceed five
percent of total program costs.
Sec. 12. Minnesota Statutes 1994, section 121.710, is amended to read:
121.710 [EVALUATION AND REPORTING REQUIREMENTS.]
Subdivision 1. [GRANTEE ORGANIZATIONS.] Each grantee organization shall report to the commission and, beginning January 1, 1997, the council at the time and on the matters requested by the commission and, beginning January 1, 1997, the council.
Subd. 2. [INTERIM REPORT.] The commission and, beginning January 1, 1997, the council shall report semiannually to the legislature with interim recommendations to change the program.
Subd. 3. [FINAL REPORT.] The commission and, beginning January 1, 1997, the council shall present a final report to the legislature by January 1, 1998, summarizing grantee evaluations, reporting on individual participants and participating grantee organizations, and recommending any changes to improve or expand the program.
Sec. 13. Minnesota Statutes 1994, section 121.885, subdivision 1, is amended to read:
Subdivision 1. [SERVICE LEARNING
SERVICE-LEARNING AND WORK-BASED LEARNING PROGRAMS STUDY.]
The Minnesota commission on national and community service,
established in section 121.703, governor's workforce
development council shall assist the commissioner of
education in studying how to combine community service activities
and service learning service-learning with
work-based learning programs.
Sec. 14. Minnesota Statutes 1994, section 121.885, subdivision 4, is amended to read:
Subd. 4. [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a) The
Minnesota commission on national and community service
established in section 121.703, in cooperation with the
governor's workforce development council, the commissioner
and the higher education coordinating board, shall provide for
those participants who successfully complete youth community
service under sections 121.703 121.704 to 121.709,
the following:
(1) for those who have a high school diploma or its equivalent, an opportunity to participate in a youth apprenticeship program at a community or technical college; and
(2) for those who are post-secondary students, an opportunity to participate in an educational program that supplements post-secondary courses leading to a degree or a statewide credential of academic and occupational proficiency.
(b) Participants who successfully complete a youth community service program under sections 121.704 to 121.710 are eligible to receive an education voucher as provided under section 121.707, subdivision 4. The voucher recipient may apply the voucher toward the cost of the recipient's tuition and other education-related expenses at a post-secondary school under paragraph (a).
(c) The Minnesota commission on national and community
service governor's workforce development council, in
cooperation with the state board of technical colleges
board of trustees of the Minnesota state colleges and
universities, shall establish a mechanism to transfer credit
earned in a youth apprenticeship program between the technical
colleges and other post-secondary institutions offering applied
associate degrees.
Sec. 15. Minnesota Statutes 1994, section 121.912, subdivision 1b, is amended to read:
Subd. 1b. [TRA AND FICA TRANSFER.] (a) Notwithstanding
subdivision 1, a district shall may transfer money
from the general fund to the community service fund for the
employer contributions for teacher retirement and FICA for
employees who are members of a teacher retirement association and
who are paid from the community service fund.
(b) A district shall not transfer money under paragraph (a) for employees who are paid with money other than normal operating funds, as defined in section 354.05, subdivision 27.
Sec. 16. [124.255] [SCHOOL ENRICHMENT PARTNERSHIP PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The school enrichment partnership program is established. The purpose of the program is to encourage school districts to expand the involvement of the private sector in the delivery of academic programs. The program will provide matching state funds for those provided by the private sector.
Subd. 2. [REVENUE ELIGIBILITY.] A school district or group of school districts is eligible to receive state aid under this program. Districts may enter into joint agreements to provide programs or make expenditures under this section. The limitations under this subdivision shall apply to these programs or expenditures as if they were operated by a single district. A district may receive $1 of state aid for each $2 raised from the private sector. The private match must be in the form of cash. Specific types of noncash support may be considered for the private match. State aid is limited to the lesser of $75,000 or $10 per pupil unit per district.
Subd. 3. [REVENUE MANAGEMENT.] The use of the state and private funds provided under this section is under the general control of the school board. The board may establish, without using state funds or public employees, a separate foundation to directly manage the funds. The private funds must be used to acquire instructional or noninstructional academic materials of a capital nature including, but not limited to, textbooks, globes, maps, and other academic material. The funds may not be used for salaries or other employee benefits.
Subd. 4. [PROCEDURES; REPORT.] The Minnesota academic excellence foundation, under the direction of the commissioner of education, shall establish application forms, guidelines, procedures, and timelines for the distribution of state aid. The commissioner may require reporting necessary to evaluate the program. Measures of success will include numbers of partnerships and funds raised; numbers of school foundations formed; and demonstrated linkages of partnerships to improved instructional delivery resulting in increased student learning.
Subd. 5. [RESULTS-ORIENTED CHARTER SCHOOLS.] Notwithstanding section 124.248, subdivision 4, paragraph (b), a results-oriented charter school is eligible to participate in the program under this section as if it were a school district.
Sec. 17. Minnesota Statutes 1994, section 124.261, subdivision 1, is amended to read:
Subdivision 1. [AID ELIGIBILITY.] For fiscal year 1996, adult high school graduation aid for eligible pupils age 21 or over, equals 65 percent of the general education formula allowance times 1.30 times the average daily membership under section 124.17, subdivision 2e. For 1997 and later fiscal years, adult high school graduation aid equals 45 percent of the general education formula allowance times 1.3 times the average daily membership under section 124.17, subdivision 2e. Adult high school graduation aid must be paid in addition to any other aid to the district. Pupils age 21 or over may not be counted by the district for any purpose other than adult high school graduation aid.
Sec. 18. Minnesota Statutes 1994, section 124.2711, subdivision 2a, is amended to read:
Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To obtain
early childhood family education revenue, a district may levy an
amount equal to the tax rate of .626 .609 percent
times the adjusted tax capacity of the district for the year
preceding the year the levy is certified. If the amount of the
early childhood family education levy would exceed the early
childhood family education revenue, the early childhood family
education levy shall equal the early childhood family education
revenue.
Sec. 19. Minnesota Statutes 1994, section 124.2713, subdivision 6, is amended to read:
Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community
education revenue, a district may levy the amount raised by a tax
rate of 1.13 1.1 percent for fiscal year 1995
and thereafter, times the adjusted net tax capacity of the
district. If the amount of the community education levy would
exceed the community education revenue, the community education
levy shall be determined according to subdivision 6a.
Sec. 20. Minnesota Statutes 1994, section 124C.45, subdivision 1, is amended to read:
Subdivision 1. [GOVERNANCE.] A school district may establish an area learning center either by itself or in cooperation with other districts, an ECSU, an intermediate school district, a local education and employment transitions partnership, public and private secondary and post-secondary institutions, public agencies, businesses, and foundations. Except for a district located in a city of the first class, a center must serve the geographic area of at least two districts.
Sec. 21. Minnesota Statutes 1994, section 124C.46, subdivision 2, is amended to read:
Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide programs for secondary pupils and adults, giving priority to serving persons between 16 and 21 years of age. Secondary pupils to be served are those who are chemically dependent, not likely to graduate from high school, need assistance in vocational and basic skills, can benefit from employment experiences, and need assistance in transition from school to employment. Adults to be served are dislocated homemakers and workers and others who need basic educational and social services. In addition to offering programs, the center shall coordinate the use of other available educational services, social services, and post-secondary institutions in the community. The center may also provide programs, including work-based, service-learning, and applied learning opportunities developed in collaboration with a local education and employment transitions partnership, for elementary and secondary pupils who are not attending the center to assist them in completing high school.
Sec. 22. Minnesota Statutes 1994, section 124C.48, subdivision 1, is amended to read:
Subdivision 1. [OUTSIDE SOURCES.] A center may accept:
(1) resources and services from post-secondary institutions serving center pupils;
(2) resources from job training partnership act programs, including funding for jobs skills training for various groups and the percentage reserved for education;
(3) resources from the department of human services and county
welfare funding; or
(4) resources from a local education and employment transitions partnership; or
(5) private resources, foundation grants, gifts, corporate contributions, and other grants.
Sec. 23. Minnesota Statutes 1994, section 126B.01, is amended to read:
126B.01 [PURPOSE EDUCATION AND EMPLOYMENT TRANSITIONS
SYSTEM.]
Subdivision 1. [PURPOSE GOALS.] To better
prepare all learners to make transitions between education and
employment, a comprehensive education and employment
transitions system is established to that is driven
by multisector partnerships and takes a lifelong approach to
workforce development. The goals of the statewide education and
employment transitions system are:
(1) to improve the skills learners need to achieve greater levels of self-sufficiency through education, training, and work;
(2) assist individuals in planning their futures by
providing to improve work-related counseling and
information about career opportunities and vocational
education programs available to learners to facilitate workforce
development;
(2) (3) to integrate opportunities for work-based
learning, including but not limited to occupation-specific
apprenticeship programs and community service programs,
service-learning, and other applied learning methods into
the elementary, secondary, and post-secondary curriculum
and state and local graduation standards;
(3) (4) to increase participation in employment
opportunities and demonstrate the relationship between education
and employment at the elementary, secondary, and post-secondary
education levels;
(5) to promote the efficient use of public and private
resources by coordinating elementary, secondary, and
post-secondary education with related government programs;
and
(4) (6) to expand educational options available
to students all learners through collaborative
efforts between secondary institutions school
districts, post-secondary institutions, business,
industry employers, organized labor, workers,
learners, parents, community-based organizations, and other
interested parties;
(7) to increase opportunities for women, minorities, individuals with a disability, and at-risk learners to fully participate in work-based learning;
(8) to establish performance standards for learners that integrate state and local graduation standards and generally recognized industry and occupational skill standards; and
(9) to provide support systems including a unified labor market information system; a centralized quality assurance system with information on learner achievement, employer satisfaction, and measurable system outcomes; a statewide marketing system to promote the importance of lifework development; a comprehensive professional development system for public and private sector partners; and a comprehensive system for providing technical support to local partnerships for education and employment transitions.
Subd. 2. [FUNDING.] Work-based learning programs incorporating post-secondary instruction implemented under this chapter shall provide for student funding according to section 123.3514.
Subd. 3. [GOVERNOR'S WORKFORCE DEVELOPMENT COUNCIL.] The governor's workforce development council is responsible for developing, implementing, and evaluating the statewide education and employment transitions system and achieving the goals of the system.
Subd. 4. [PARTNERSHIP GRANTS.] The council shall award grants to implement local education and employment transition systems to local education and employment transition partnerships established under 126B.10. Grants under this section may be used for the local education and employment transitions system, youth apprenticeship and other work-based learning programs, youth employer programs, youth entrepreneurship programs, and other programs and purposes the council determines fulfill the purposes of the education and employment transitions system. The council shall evaluate grant proposals on the basis of the elements required in the local plan described in section 126B.10, subdivision 3. The council shall develop and publicize the grant application process and review and comment on the proposals submitted. Priority in awarding grants must be given to local partnerships that include multiple communities and a viable base of educational, work-based learning, and employment opportunities.
Subd. 5. [ANNUAL REVIEW.] The council shall review the activities of each local education and employment transitions partnership annually to ensure that the local partnership is adequately meeting the system standards under section 126B.10 and state quality assurance standards established as part of the quality assurance system developed by the council. This subdivision expires July 1, 1997.
Subd. 6. [REPORT.] The council shall annually publish a report summarizing the data submitted by each local education and employment transitions partnership. The report shall be published no later than September 1 of the year following the year in which the data was collected. This subdivision expires July 1, 1997.
Sec. 24. Minnesota Statutes 1994, section 126B.03, subdivision 2, is amended to read:
Subd. 2. [ACADEMIC INSTRUCTION AND WORK-RELATED LEARNING.]
(a) A Comprehensive youth apprenticeship program
programs and other work-based learning programs under the
education and employment transitions system must integrate
academic instruction and work-related learning in the classroom
and at the
workplace. Schools, in collaboration with students'
learners' employers, must use competency-based measures to
evaluate students' learners' progress in the
program. Students Learners who successfully
complete the program must receive academic and occupational
credentials from the participating school.
(b) The academic instruction provided as part of a
comprehensive youth apprenticeship program must:
(1) meet applicable secondary and post-secondary education
requirements;
(2) enable the students to attain academic proficiency in at
least the areas of English, mathematics, history, science, and
geography; and
(3) where appropriate, modify existing secondary and
post-secondary curricula to accommodate the changing needs of the
workplace.
(c) Work-based learning provided as part of the program
must:
(1) supply students with knowledge, skills, and abilities
based on appropriate, nationally accepted standards in the
specific industries and occupations for which the students
learners are trained;
(2) offer students structured job training at the worksite,
including high quality supervised learning opportunities;
(3) foster interactive, team-based learning;
(4) encourage sound work habits and behaviors;
(5) develop workplace skills, including the ability to
manage resources, work productively with others, acquire and use
information, understand and master systems, and work with
technologies; and
(6) where feasible, offer students the opportunity to
participate in community service and service learning
activities.
(d) Worksite learning and experience provided as part of the
program must:
(1) help youth apprentices achieve the program's academic
and work-based learning requirements;
(2) pay apprentices for their work; and
(3) assist employers to fulfill their commitment to youth
apprentices.
Sec. 25. Minnesota Statutes 1994, section 126B.03, subdivision 3, is amended to read:
Subd. 3. [PROGRAM COMPONENTS YOUTH APPRENTICESHIP
PROGRAMS.] (a) A comprehensive youth apprenticeship program
must require representatives of secondary and post-secondary
school systems, affected local businesses, industries,
occupations and labor, as well as the local community, to be
actively and collaboratively involved in advising and managing
the program and ensuring, in consultation.
(b) The entities participating in a program must consult
with local private industry councils, to ensure
that the youth apprenticeship program meets local labor market
demands and, provides student apprentices with the
high skill training necessary for career advancement,
within an occupation.
(c) The program must meet meets applicable state
education graduation requirements and labor
standards, pays apprentices for their work and
provide provides support services to program
participants, and accommodate the integrating of work-related
learning and academic instruction through flexible schedules for
students and teachers and appropriately modified
curriculum.
(d) (b) Local employers, collaborating with labor
organizations where appropriate, must assist the program by
analyzing workplace needs, creating work-related curriculum,
employing and adequately paying youth apprentices engaged in
work-related learning in the workplace, training youth
apprentices to become skilled in an occupation, providing student
apprentices with a workplace mentor, periodically informing the
school of an apprentice's progress, and making a reasonable
effort to employ youth apprentices who successfully complete the
program.
(e) (c) A student participating in a
comprehensive youth apprenticeship program must sign a youth
apprenticeship agreement with participating entities that
obligates youth apprentices, their parents or guardians,
employers, and schools to meet program requirements; indicates
how academic instruction, work-based learning, and worksite
learning and experience will be integrated; ensures that
successful youth apprentices will receive a recognized credential
of academic and occupational proficiency; and establishes the
wage rate and other benefits for which youth apprentices are
eligible while employed during the program.
(f) (d) Secondary school principals
or, counselors, or business mentors familiar
with the demonstration project education to employment
transitions system must inform entering secondary school
students about available occupational and career opportunities
and the option of entering a youth apprenticeship program
or other work-based learning program to obtain
post-secondary academic and occupational credentials.
Sec. 26. [126B.10] [EDUCATION AND EMPLOYMENT TRANSITIONS PARTNERSHIPS.]
Subdivision 1. [LOCAL PARTNERSHIPS; ESTABLISHMENT.] Local education and employment transitions partnerships may be established to implement local education and employment transitions systems. Local partnerships shall represent multiple sectors in the community, including, at a minimum, representatives of employers, primary and secondary education, labor and professional organizations, workers, learners, parents, community-based organizations, and to the extent possible, post-secondary education.
Subd. 2. [BOARD.] A local education and employment transitions partnership shall establish a governing board for planning and implementing work-based and other applied learning programs. The board shall consist of at least one representative from each member of the education and employment transitions partnership. A majority of the board must consist of representatives of local or regional employers.
Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS SYSTEMS.] A local education and employment transitions partnership shall assess the needs of employers, employees, and learners, and develop a plan for implementing and achieving the objectives of a local or regional education and employment transitions system. The plan shall provide for a comprehensive local system for assisting learners and workers in making the transition from school to work or for retraining in a new vocational area. The objectives of a local education and employment transitions system include:
(1) increasing the effectiveness of the educational programs and curriculum of elementary, secondary, and post-secondary schools and the work site in preparing students in the skills and knowledge needed to be successful in the workplace;
(2) implementing learner outcomes for students in grades kindergarten through 12 designed to introduce the world of work and to explore career opportunities, including nontraditional career opportunities;
(3) eliminating barriers to providing effective integrated applied learning, service-learning, or work-based curriculum;
(4) increasing opportunities to apply academic knowledge and skills, including skills needed in the workplace, in local settings which include the school, school-based enterprises, post-secondary institutions, the workplace, and the community;
(5) increasing applied instruction in the attitudes and skills essential for success in the workplace, including cooperative working, leadership, problem-solving, and respect for diversity;
(6) providing staff training for vocational guidance counselors, teachers, and other appropriate staff in the importance of preparing learners for the transition to work, and in methods of providing instruction that incorporate applied learning, work-based learning, and service learning experiences;
(7) identifying and enlisting local and regional employers who can effectively provide work-based or service learning opportunities, including, but not limited to, apprenticeships, internships, and mentorships;
(8) recruiting community and workplace mentors including peers, parents, employers and employed individuals from the community, and employers of high school students;
(9) identifying current and emerging educational, training, and employment needs of the area or region, especially within industries with potential for job growth;
(10) improving the coordination and effectiveness of local vocational and job training programs, including vocational education, adult basic education, tech prep, apprenticeship, service learning, youth entrepreneur, youth training and employment programs administered by the commissioner of economic security, and local job training programs under the Job Training Partnership Act, United States Code, title 29, section 1501, et seq.;
(11) identifying and applying for federal, state, local, and private sources of funding for vocational or applied learning programs;
(12) providing students with current information and counseling about career opportunities, potential employment, educational opportunities in post-secondary institutions, workplaces, and the community, and the skills and knowledge necessary to succeed;
(13) providing educational technology, including interactive television networks and other distance learning methods, to ensure access to a broad variety of work-based learning opportunities;
(14) including students with disabilities in a district's vocational or applied learning program and ways to serve at-risk learners through collaboration with area learning centers under sections 124C.45 to 124C.49, or other alternative programs; and
(15) providing a warranty to employers, post-secondary education programs, and other post-secondary training programs, that learners successfully completing a high school work-based or applied learning program will be able to apply the knowledge and work skills included in the program outcomes or graduation requirements. The warranty shall require education and training programs to continue to work with those learners that need additional skill development until they can demonstrate achievement of the program outcomes or graduation requirements.
Subd. 4. [ANNUAL REPORTS.] (a) A local education and employment transitions partnership shall annually publish a report and submit information to the council as required. The report shall include information required by the council for the statewide system performance assessment. The report shall be available to the public in the communities served by the local education and employment transitions partnership. The report shall be published no later than September 1 of the year following the year in which the data was collected.
Sec. 27. [145.9255] [MN ENABL, MINNESOTA EDUCATION NOW AND BABIES LATER.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of the department of education, in consultation and cooperation with a representative from Minnesota planning and the commissioner of the department of health, shall continue the Minnesota education now and babies later (MN ENABL) program, targeted to adolescents ages 12 to 14, with the goal of reducing the incidence of adolescent pregnancy in the state. The program must provide a multifaceted, primary prevention, community health promotion approach to educating and supporting adolescents in the decision to postpone sexual involvement modeled after the ENABL program in California.
Subd. 1a. [DEFINITION.] "Community-based local contractor" or "contractor" includes boards of health under section 145A.02, nonprofit organizations, or school districts. The community-based local contractors may provide the education component of MN ENABL in a variety of settings including, but not limited to, schools, religious establishments, local community centers, and youth camps.
Subd. 2. [DUTIES OF THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION.] The commissioner shall:
(1) manage the grant process, including awarding and monitoring grants to community-based local contractors, and may contract with community-based local contractors that can demonstrate at least a 50 percent local match and agree to participate in the four MN ENABL program components under subdivision 3;
(2) provide technical assistance to the community-based local contractors as necessary under subdivision 3;
(3) develop and implement the evaluation component, and provide centralized coordination at the state level of the evaluation process; and
(4) explore and pursue the federal funding possibilities and specifically request funding from the United States Department of Health and Human Services to supplement the development and implementation of the program.
Subd. 3. [PROGRAM COMPONENTS.] The program must include the following four major components.
(a) A community organization component in which the community-based local contractors shall include:
(1) use of a postponing sexual involvement education curriculum targeted to boys and girls ages 12 to 14 in schools and/or community settings;
(2) planning and implementation of community organization strategies to convey and reinforce the MN ENABL message of postponing sexual involvement, including activities promoting awareness and involvement of parents and other primary caregivers/significant adults, schools, and community; and
(3) development of local media linkages.
(b) A statewide, comprehensive media and public relations campaign to promote changes in sexual attitudes and behaviors, and reinforce the message of postponing adolescent sexual involvement.
In developing the campaign, the commissioner of education shall coordinate and consult with representatives from ethnic and local communities to maximize effectiveness of the social marketing approach to health promotion among the culturally diverse population of the state. The development and implementation of the campaign is subject to input and approval by the commissioner of health.
The local community-based contractors shall collaborate and coordinate efforts with other community organizations and interested persons to provide school and community-wide promotional activities that support and reinforce the message of the MN ENABL curriculum.
(c) An evaluation component which evaluates the process and the impact of the program.
The "process evaluation" must provide information to the state on the breadth and scope of the program. The evaluation must identify program areas that might need modification and identify local MN ENABL contractor strategies and procedures which are particularly effective. Contractors must keep complete records on the demographics of clients served, number of direct education sessions delivered, and other appropriate statistics, and must document exactly how the program was implemented. The commissioner may select contractor sites for more in-depth case studies.
The "impact evaluation" must provide information to the state on the impact of the different components of the MN ENABL program and an assessment of the impact of the program on adolescent's related sexual knowledge, attitudes, and risk-taking behavior.
(d) A training component to provide comprehensive training to the local MN ENABL community-based local contractors and the direct education program staff.
The local community-based contractors may use adolescent leaders slightly older than the adolescents in the program to impart the message to postpone sexual involvement provided:
(1) the contractor follows a protocol for adult mentors/leaders and older adolescent leaders established by the commissioner of education;
(2) the older adolescent leader is accompanied by an adult leader; and
(3) the contractor uses the curriculum as directed and required by the commissioner of the department of health to implement this part of the program. The commissioner of health shall provide technical assistance to community-based local contractors.
Sec. 28. [MINNESOTA COMMISSION ON NATIONAL AND COMMUNITY SERVICE; TRANSFER OF RESPONSIBILITY.]
If the governor's workforce development council meets federal requirements for the commission on national and community service, the duties of the Minnesota commission on national and community service under Minnesota Statutes, sections 121.703 to 121.710, shall transfer to the governor's workforce development council on January 1, 1997. If, by that date, the workforce development council does not meet federal requirements, the Minnesota commission on national and community service shall continue to perform the duties assigned to it.
Sec. 29. [YOUTH EMPLOYER GRANT PROGRAM.]
Subdivision 1. [YOUTH EMPLOYER GRANTS.] The governor's workforce development council shall establish a pilot program for improving the work-based learning experience of school-aged youth who are employed. An employer, in partnership with a local education and employment transitions partnership, may apply for a youth employer grant to the governor's workforce development council. The council shall determine application procedures and criteria for approving grant awards.
Subd. 2. [GRANT APPLICATION.] A grant application shall include a plan to meet the following goals:
(1) enhance the work experience of employed youth by integrating appropriate academic and work skills components;
(2) develop an applied learning plan for each employed youth that outlines the academic and work skills outcomes to be achieved by the work-based learning experience and describes how these outcomes apply toward attainment of high school graduation requirements;
(3) provide training and support to the employer in developing a work experience for meeting the goals of the applied learning plan and for assessing student achievement; and
(4) evaluate the effectiveness of the work-based learning program.
Subd. 3. [GRANT AWARDS.] The governor's workforce development council may award youth employer grants to applicants eligible under subdivision 1. Grant recipients should be geographically distributed throughout the state. Grant proceeds may be used for the costs of planning, materials, and training. The school district, school, or post-secondary education institution partner shall be the fiscal agent for the grant.
Sec. 30. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund or other named fund to the department of education for the fiscal years designated.
Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic education aid according to Minnesota Statutes, sections 124.26 in fiscal year 1996 and 124.2601 in fiscal year 1997:
$8,374,000 ..... 1996
$8,374,000 ..... 1997
The 1996 appropriation includes $1,256,000 for 1995 and $7,118,000 for 1996.
The 1997 appropriation includes $1,256,000 for 1996 and $7,118,000 for 1997.
Up to $199,000 each year may be used for contracts with private, nonprofit organizations for approved programs.
Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For adults with disabilities programs according to Minnesota Statutes, section 124.2715:
$695,000 ..... 1996
$695,000 ..... 1997
Any balance in the first year does not cancel and is available for the second year.
Of these amounts, $25,000 each year is to fund the Michael Ehrlichmann memorial for the Minnesota Statewide Direct Services Initiative, to provide training for: (1) direct service providers, including staff working in vocational and residential settings, paraprofessionals in education, and persons working in other related settings; and (2) individuals with developmental disabilities and their families. The commissioner must transmit this amount to the Governor's developmental disabilities council.
Subd. 4. [ADULT GRADUATION AID.] For adult graduation aid:
$2,245,000 ..... 1996
$2,245,000 ..... 1997
The 1996 appropriation includes $336,000 for 1995 and $1,909,000 for 1996.
The 1997 appropriation includes $336,000 for 1996 and $1,909,000 for 1997.
Subd. 5. [AFTER SCHOOL ENRICHMENT GRANTS.] For after school enrichment program grants to special school district No. 1, Minneapolis, and independent school district No. 625, St. Paul:
$1,000,000..... 1996
The grants must be programs targeted towards junior high and middle school students. These programs shall be developed collaboratively with city government, park boards, family services collaboratives, and any other community organizations offering similar programming. Any balance remaining in the first year does not cancel but is available in the second year.
Subd. 6. [ALCOHOL-IMPAIRED DRIVER.] (a) For grants with funds received under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), clause (4):
$514,000 ..... 1996
$514,000 ..... 1997
(b) These appropriations are from the alcohol-impaired driver account of the special revenue fund. Any funds credited for the department of education to the alcohol-impaired driver account of the special revenue fund in excess of the amounts appropriated in this subdivision are appropriated to the department of education and available in fiscal year 1996 and fiscal year 1997.
(c) Up to $226,000 each year may be used by the department of education to contract for services to school districts stressing the dangers of driving after consuming alcohol. No more than five percent of this amount may be used for administrative costs by the contract recipients.
(d) Up to $88,000 each year may be used for grants to support student-centered programs to discourage driving after consuming alcohol.
(e) Up to $200,000 and any additional funds each year may be used for chemical abuse prevention grants.
Subd. 7. [COMMUNITY EDUCATION AID.] For community education aid according to Minnesota Statutes, section 124.2713:
$2,826,000 ..... 1996
$2,574,000 ..... 1997
The 1996 appropriation includes $499,000 for 1995 and $2,327,000 for 1996.
The 1997 appropriation includes $410,000 for 1996 and $2,164,000 for 1997.
Subd. 8. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early childhood family education aid according to Minnesota Statutes, section 124.2711:
$14,224,000 ..... 1996
$13,832,000 ..... 1997
The 1996 appropriation includes $2,086,000 for 1995 and $12,138,000 for 1996.
The 1997 appropriation includes $2,140,000 for 1996 and $11,692,000 for 1997.
$10,000 each year may be spent for evaluation of early childhood family education programs.
Subd. 9. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM GRANTS.] For local education and employment transitions program grants:
$2,500,000 ..... 1996
$2,500,000 ..... 1997
$600,000 each year is for development of a labor-management information system to support education to employment transitions programs.
$575,000 each year is for youth apprenticeship program grants. Youth apprenticeship program grants may only be awarded to local education and employment transitions partnerships or to a youth apprenticeship program that previously received a youth apprenticeship demonstration program grant according to Laws 1993, chapter 335, section 7.
$1,000,000 each year is for local program grants, of which $100,000 must be used for youth entrepreneurship grants under Minnesota Statutes, section 116J.655, and $100,000 must be used for youth employer grants under section 29.
$325,000 each year is for state-level activities.
Any unexpended balance remaining in the first year does not cancel but is available in the second year.
Subd. 10. [EXTENDED DAY AID.] For extended day aid:
$381,000 ..... 1996
$374,000 ..... 1997
The 1996 appropriation includes $58,000 for 1995 and $323,000 for 1996.
The 1997 appropriation includes $56,000 for 1996 and $318,000 for 1997.
Subd. 11. [FAMILY COLLABORATIVES.] For family collaboratives:
$3,500,000 ..... 1996
$3,500,000 ..... 1997
Of the appropriation, $150,000 each year is for grants targeted to assist in providing collaborative children's library service programs. To be eligible, a family collaborative grant recipient must collaborate with at least one public library and one children's or family organization. The public library must involve the regional public library system and multitype library system to which it belongs in the planning and provide for an evaluation of the program.
No more than 2.5 percent of the appropriation is available to the state to administer and evaluate the grant program.
Any balance in the first year does not cancel but is available in the second year.
Subd. 12. [GED TESTS.] For payment of 60 percent of the costs of GED tests:
$125,000 ..... 1996
$125,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 13. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For health and developmental screening aid according to Minnesota Statutes, sections 123.702 and 123.7045:
$1,550,000 ..... 1996
$1,550,000 ..... 1997
The 1996 appropriation includes $232,000 for 1995 and $1,318,000 for 1996.
The 1997 appropriation includes $232,000 for 1996 and $1,318,000 for 1997.
Any balance in the first year does not cancel but is available in the second year.
Subd. 14. [HEARING IMPAIRED ADULTS.] For programs for hearing impaired adults according to Minnesota Statutes, section 121.201:
$70,000 ..... 1996
$70,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 15. [LEARNING READINESS PROGRAM REVENUE.] For revenue for learning readiness programs:
$9,506,000 ..... 1996
$9,505,000 ..... 1997
The 1996 appropriation includes $1,424,000 for 1995 and $8,082,000 for 1996.
The 1997 appropriation includes $1,425,000 for 1996 and $8,080,000 for 1997.
$10,000 each year may be spent for evaluation of learning readiness programs.
Subd. 16. [OMBUDSPERSONS.] For ombudspersons:
$33,000 ..... 1996
$33,000 ..... 1997
The appropriation is made to the office of ombudspersons for families for purposes of funding the activities of the ombudsperson authorized by Minnesota Statutes, sections 257.0755 to 257.0768. Any balance in the first year does not cancel but is available in the second year.
Subd. 17. [VIOLENCE PREVENTION EDUCATION GRANTS.] For violence prevention education grants:
$1,500,000 ..... 1996
$1,500,000 ..... 1997
Of the amount each year, $50,000 is for program administration.
Any balance in the first year does not cancel but is available in the second year.
Subd. 18. [WAY TO GROW.] For grants for existing way to grow programs according to Minnesota Statutes, section 121.835:
$475,000 ..... 1996
$475,000..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 19. [SCHOOL ENRICHMENT PARTNERSHIP PROGRAM.] For school enrichment partnership program aid:
$500,000 ..... 1996
Any balance remaining in the first year does not cancel but is available in the second year.
Subd. 20. [YOUTHWORKS.] For funding youthworks programs according to Minnesota Statutes, sections 121.70 to 121.710:
$1,813,000 ..... 1996
$1,813,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 21. [YOUTHWORKS PROGRAM.] For implementing youthworks programs:
$50,000 ..... 1996
$50,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 22. [GED COORDINATION.] For GED coordination:
$50,000 ..... 1996
$50,000 ..... 1997
Sec. 31. [REVISOR INSTRUCTIONS.]
In the next and subsequent editions of Minnesota Statutes, the revisor shall change the title of Minnesota Statutes, chapter 126B, from "YOUTH APPRENTICESHIP SYSTEM" to "EDUCATION AND EMPLOYMENT TRANSITIONS SYSTEM."
In the next and subsequent editions of Minnesota Statutes and Minnesota Rules, the revisor shall substitute the term "workforce development council" for "governor's job training council" wherever it appears in statutes and rules.
In the next and subsequent editions of Minnesota Statutes and Minnesota Rules, the revisor shall change the term "service learning" to "service-learning" wherever it appears in statutes and rules.
Sec. 32. [REPEALER.]
(a) Minnesota Statutes 1994, sections 121.702, subdivision 9; and 121.703, are repealed.
(b) Minnesota Statutes 1994, sections 126B.02; 126B.03, subdivision 1; 126B.04; and 126B.05, are repealed.
(c) Minnesota Statutes 1994, section 124.2714, is repealed.
Sec. 33. [EFFECTIVE DATE.]
(a) Section 32, paragraph (a), repeal of 121.702, subdivision 9; and 121.703, is effective July 1, 1997, if the governor's workforce development council meets all federal requirements for the commission on national and community service.
(b) Tax rate changes in sections 18, 124.2711, subdivision 2a, and 19, 124.2713, subdivision 6, are effective beginning with taxes payable in 1996.
Section 1. Minnesota Statutes 1994, section 124.14, is amended by adding a subdivision to read:
Subd. 8. [HEALTH AND SAFETY AID TRANSFER.] The commissioner of education, with the approval of the commissioner of finance, annually may transfer an amount from the appropriation for health and safety aid to the appropriation for debt service aid for the same fiscal year. The amount of the transfer equals the amount necessary to fund any shortage in the debt service aid appropriation created by a data correction that occurs between November 1 and June 30 of the preceding fiscal year.
Sec. 2. Minnesota Statutes 1994, section 124.243, subdivision 2, is amended to read:
Subd. 2. [CAPITAL EXPENDITURE FACILITIES REVENUE.] (a) For
fiscal years 1994 and 1995, Capital expenditure facilities
previous formula revenue for a district equals $128 times
its actual pupil units for the school year.
(b) For fiscal years 1996 and later, capital expenditure
facilities revenue for a district equals $100 times the
district's maintenance cost index times its actual pupil units
for the school year.
(c) A district's capital expenditure facilities revenue for
a school year shall be reduced if the unreserved balance in the
capital expenditure facilities account on June 30 of the prior
school year exceeds $675 times the fund balance pupil units in
the prior year as defined in section 124A.26, subdivision 1. If
a district's capital expenditure facilities revenue is reduced,
the reduction equals the lesser of (1) the amount that the
unreserved balance in the capital expenditure facilities account
on June 30 of the prior year exceeds $675 times the fund balance
pupil units in the prior year, or (2) the capital expenditure
facilities revenue for that year.
(d) For 1996 and later fiscal years, the previous formula
revenue equals the amount of revenue computed for the district
according to section 124.243 for fiscal year 1995.
(e) (c) Notwithstanding paragraph (b), for fiscal
year 1996, the revenue for each district equals 25 percent of the
amount determined in paragraph (b) plus 75 percent of the
previous formula revenue.
(f) (d) Notwithstanding paragraph (b), for fiscal
year 1997, the revenue for each district equals 50 percent of the
amount determined in paragraph (b) plus 50 percent of the
previous formula revenue.
(g) (e) Notwithstanding paragraph (b), for fiscal
year 1998, the revenue for each district equals 75 percent of the
amount determined in paragraph (b) plus 25 percent of the
previous formula revenue.
(h) (f) The revenue in paragraph (b) for a
district that operates a program under section 121.585, is
increased by an amount equal to $15 times the number of actual
pupil units at the site where the program is implemented.
Sec. 3. Minnesota Statutes 1994, section 124.244, subdivision 1, is amended to read:
Subdivision 1. [REVENUE AMOUNT.] (a) For fiscal year 1995,
the capital expenditure equipment revenue for each district
equals $66 times its actual pupil units for the school
year.
(b) For fiscal years year 1996 and
later, the capital expenditure equipment revenue for
each district equals $69 $68 times its actual pupil
units for the school year.
(c) Of a district's capital expenditure equipment revenue,
$3 times its actual pupil units for the school year shall be
reserved and used according to subdivision 4, paragraph
(b).
Sec. 4. Minnesota Statutes 1994, section 124.2445, is amended to read:
124.2445 [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a school district may issue certificates of
indebtedness or capital notes subject to the school district debt
limits to purchase vehicles other than school buses, computers,
telephone systems, cable equipment, photocopy and office
equipment, technological equipment for instruction, and other
capital equipment having an expected useful life at least as long
as the terms of the certificates or notes. The certificates or
notes must be payable in not more than five years and must be
issued on the terms and in the manner determined by the board.
The certificates or notes may be issued by resolution and without
the requirement for an election. The certificates or notes
are general obligation bonds for purposes of section 124.755.
A tax levy must be made for the payment of the principal and
interest on the certificates or notes, in accordance with section
475.61, as in the case of bonds. That tax levy for each year
must not exceed the amount of the district's total
operating capital expenditure equipment levy under section
124.244 revenue for the year the initial debt service
levies are certified. The district's capital expenditure levy
under section 124.244 general education levy for each
year must be reduced by the amount of the tax levies for debt
service certified for each year for payment of the principal and
interest on the certificates or notes as required by section
475.61.
Sec. 5. Minnesota Statutes 1994, section 124.2455, is amended to read:
124.2455 [BONDS FOR CERTAIN CAPITAL FACILITIES.]
(a) In addition to other bonding authority, with approval of the commissioner, a school district may issue general obligation bonds for certain capital projects under this section. The bonds must be used only to make capital improvements including:
(1) under section 124.243, subdivision 6, capital expenditure facilities revenue uses specified in clauses (4), (6), (7), (8), (9), and (10);
(2) the cost of energy modifications;
(3) improving handicap accessibility to school buildings; and
(4) bringing school buildings into compliance with life and safety codes and fire codes.
(b) Before a district issues bonds under this subdivision, it must publish notice of the intended projects, the amount of the bond issue, and the total amount of district indebtedness.
(c) A bond issue tentatively authorized by the board under this subdivision becomes finally authorized unless a petition signed by more than 15 percent of the registered voters of the school district is filed with the school board within 30 days of the board's adoption of a resolution stating the board's intention to issue bonds. The percentage is to be determined with reference to the number of registered voters in the school district on the last day before the petition is filed with the school board. The petition must call for a referendum on the question of whether to issue the bonds for the projects under this section. The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this section.
(d) The bonds may be issued in a principal amount, that when combined with interest thereon, will be paid off with not more than 50 percent of current and anticipated revenue for capital facilities under this section or a successor section for the current year plus projected revenue not greater than that of the current year for the next ten years. Once finally authorized, the district must set aside the lesser of the amount necessary to make the principal and interest payments or 50 percent of the current year's revenue for capital facilities under this section or a successor section each year in a separate account until all principal and interest on the bonds is paid. The district must annually transfer this amount from its capital fund to the debt redemption fund. The bonds must be paid off within ten years of issuance. The bonds must be issued in compliance with chapter 475, except as otherwise provided in this section.
(e) Notwithstanding paragraph (d), within the first five years following voter approval of a combination according to section 122.243, subdivision 2, bonds may be issued in a principal amount, that when combined with interest thereon, will be paid off with not more than 50 percent of current and anticipated revenue for capital facilities under this section or a successive section for the current year plus projected revenue not greater than that of the current year for the next 20 years. All the other provisions and limitation of paragraph (d) apply.
Sec. 6. Minnesota Statutes 1994, section 124.83, subdivision 4, is amended to read:
Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and
safety revenue, a district may levy an amount equal to the
district's health and safety revenue as defined in subdivision 3
multiplied by the lesser of one, or the ratio of the quotient
derived by dividing the adjusted net tax capacity of the district
for the year preceding the year the levy is certified by the
actual pupil units in the district for the school year to which
the levy is attributable, to 50 percent of the equalizing
factor $4,707.50.
Sec. 7. Minnesota Statutes 1994, section 124.84, subdivision 3, is amended to read:
Subd. 3. [LEVY AUTHORITY.] The district may levy up to
$300,000 under this section, as approved by the commissioner. The
approved amount may be levied over five eight or
fewer years.
Sec. 8. Minnesota Statutes 1994, section 124.95, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) The following portions of a district's debt service levy qualify for debt service equalization:
(1) debt service for repayment of principal and interest on bonds issued before July 2, 1992;
(2) debt service for bonds refinanced after July 1, 1992, if the bond schedule has been approved by the commissioner and, if necessary, adjusted to reflect a 20-year maturity schedule; and
(3) debt service for bonds issued after July 1, 1992, for construction projects that have received a positive review and comment according to section 121.15, if the commissioner has determined that the district has met the criteria under section 124.431, subdivision 2, and if the bond schedule has been approved by the commissioner and, if necessary, adjusted to reflect a 20-year maturity schedule.
(b) The criterion in section 124.431, subdivision 2, paragraph (a), clause (2), shall be considered to have been met if the district in the fiscal year in which the bonds are authorized at an election conducted under chapter 475:
(i) serves an average of at least 66 pupils per grade in the grades to be served by the facility; or
(ii) is eligible for elementary or secondary sparsity revenue.
(c) The criterion described in section 124.431, subdivision 2, paragraph (a), clause (9), does not apply to bonds authorized by elections held before July 1, 1992.
(d) Districts identified in Laws 1990, chapter 562, article
11, section 8, do not need to meet the criteria of
section 124.431, subdivision 2, to qualify.
Sec. 9. Minnesota Statutes 1994, section 124.95, subdivision 4, is amended to read:
Subd. 4. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt service equalization revenue, a district must levy an amount not to exceed the district's debt service equalization revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax capacity of the district for the year before the year the levy is certified by the actual pupil units in the district for the school year ending in the year prior to the year the levy is certified; to
(2) 50 percent of the equalizing factor as defined in
section 124A.02, subdivision 8, for the year to which the levy is
attributable $4,707.50.
Sec. 10. Minnesota Statutes 1994, section 124.95, subdivision 6, is amended to read:
Subd. 6. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.]
Debt service equalization aid must be paid as follows:
one-third 30 percent before September 15,
one-third 30 percent before December 15, and
one-third 25 percent before March 15 of each
year, and a final payment of 15 percent by July 15 of the
subsequent fiscal year.
Sec. 11. Minnesota Statutes 1994, section 124.961, is amended to read:
124.961 [DEBT SERVICE APPROPRIATION.]
(a) $17,000,000 in fiscal year 1994, $26,000,000 in fiscal
year 1995, and $31,600,000 $30,054,000 in fiscal year
1996, $27,370,000 in fiscal year 1997, and $32,200,000
in fiscal year 1998 and each year thereafter is appropriated
from the general fund to the commissioner of education for
payment of debt service equalization aid under section 124.95.
The 1994 1998 appropriation includes $3,000,000
for 1993 and $14,000,000 for 1994 $4,830,000 for 1997 and
$27,370,000 for 1998.
(b) The appropriations in paragraph (a) must be reduced by the amount of any money specifically appropriated for the same purpose in any year from any state fund.
Sec. 12. [ASKOV CAPITAL LOAN.]
The liability for the capital loan granted to independent school district No. 588, Askov, in 1982, if not repaid at the end of 30 years, is satisfied and discharged and interest on the loan ceases.
Sec. 13. [ALTERNATIVE DEBT SERVICE PLAN.]
Notwithstanding the procedures for dealing with outstanding debt in Minnesota Statutes, section 122.23, subdivision 16, independent school district Nos. 789, Clarissa, and 790, Eagle Bend, may develop an alternative plan for meeting debt service for bonds outstanding at the time of reorganization. That plan may provide for the obligation of paying bonds outstanding at the time of reorganization to remain with the district that originally issued the bonds except that the plan may provide for independent school district No. 790, Eagle Bend, when its outstanding debt is paid off, to continue making a debt levy and contribute the proceeds of that levy towards the outstanding debt of independent school district No. 789, Clarissa. This debt plan must be approved by the commissioner of education as in Minnesota Statutes, section 122.23, subdivision 6. Any contributions toward the debt of independent school district No. 789, Clarissa, by independent school district No. 790, Eagle Bend, under this section must not be considered in the calculation of debt equalization aid for independent school district Nos. 790, Eagle Bend, or 789, Clarissa.
Sec. 14. [ELIGIBILITY FOR DEBT SERVICE AID; JANESVILLE-WALDORF-PEMBERTON.]
Notwithstanding Minnesota Statutes, section 124.95, subdivision 2, independent school district No. 2835, Janesville-Waldorf-Pemberton, meets the criterion of Minnesota Statutes, section 124.431, subdivision 2, paragraph (a), clause (2), if the district, in the year which the bonds are authorized in an election conducted under Minnesota Statutes, chapter 475, or in the prior fiscal year, serves at least 66 pupils per grade in the grades to be served by the facility.
Sec. 15. [CAPITAL FACILITIES USE.]
Notwithstanding Minnesota Statutes, section 124.243, subdivision 8, for fiscal year 1996 a district may use up to one-third of its capital expenditure facilities revenue for equipment uses under Minnesota Statutes, section 124.244.
Sec. 16. [LITCHFIELD LEASE LEVY.]
Notwithstanding the instructional purposes limitation of Minnesota Statutes, section 124.91, subdivision 1, independent school district No. 465, Litchfield, may apply to the commissioner of education to make an additional capital levy under Minnesota Statutes, section 124.91, subdivision 1, to rent or lease a building or land for administrative purposes. The levy may not exceed the amount necessary to obtain space similar in size and quality to the office space already vacated for instructional purposes.
Sec. 17. [JOINT ELEMENTARY FACILITY.]
Subdivision 1. [APPLICATION.] This section applies to independent school district Nos. 622, North St. Paul-Maplewood-Oakdale; 833, South Washington county; and 834, Stillwater, and to the joint elementary facility to be operated by the districts.
Subd. 2. [JOINT POWERS AGREEMENT.] Notwithstanding Minnesota Statutes, section 123.35, subdivision 19a, the districts may obligate themselves to participate in and to provide financial support for a joint powers agreement to govern the administration, financing, and operation of the joint elementary facility during the period when the obligations issued to finance the joint elementary facility remain outstanding.
Subd. 3. [LEASING LEVY.] Notwithstanding any contrary provision of Minnesota Statutes, section 124.91, each district annually may levy the amount necessary to pay its proportionate share of its obligations under the lease or a lease with option to purchase agreement for the joint elementary facility during the term of that agreement. The agreement is not required to include a nonappropriation clause on the part of the districts. An election is not required in connection with the execution of the lease or lease with option to purchase agreement and the obligation created by the agreement does not constitute debt and must not be included in the calculation of net debt for any of the districts.
Subd. 4. [FACILITY BELONGS TO EACH DISTRICT; ENROLLMENT.] The joint elementary facility shall be considered a facility of each of the three districts and students attending the facility from the three districts shall be treated for all purposes as resident pupils attending a school in their home district.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund to the department of education for the fiscal years designated.
Subd. 2. [CAPITAL EXPENDITURE FACILITIES AID.] For capital expenditure facilities aid according to Minnesota Statutes, section 124.243, subdivision 5:
$73,985,000 ..... 1996
$11,077,000 ..... 1997
The 1996 appropriation includes $11,214,000 for 1995 and $62,771,000 for 1996.
The 1997 appropriation includes $11,077,000 for 1996 and $-0- for 1997.
Subd. 3. [EQUIPMENT AID.] For equipment aid according to Minnesota Statutes, section 124.244, subdivision 3:
$40,456,000 ..... 1996
$6,118,000 ..... 1997
The 1996 appropriation includes $5,782,000 for 1995 and $34,674,000 for 1996.
The 1997 appropriation includes $6,118,000 for 1996 and $-0- for 1997.
Subd. 4. [HEALTH AND SAFETY AID.] For health and safety aid according to Minnesota Statutes, section 124.83, subdivision 5:
$14,725,000 ..... 1996
$11,760,000 ..... 1997
The 1996 appropriation includes $2,606,000 for 1995 and $12,119,000 for 1996.
The 1997 appropriation includes $2,138,000 for 1996 and $9,622,000 for 1997.
Subd. 5. [DEBT SERVICE AID.] For debt service aid according to Minnesota Statutes, section 124.95, subdivision 5:
$30,054,000 ..... 1996
$27,370,000 ..... 1997
The 1996 appropriation includes $30,054,000 for 1996.
The 1997 appropriation includes $27,370,000 for 1997. This appropriation is 85 percent of the aid entitlement for 1997.
Subd. 6. [PLANNING GRANT.] For a grant to independent school district Nos. 325, Lakefield; 328, Sioux Valley; 330, Heron Lake-Okabena; 513, Brewster; and 516, Round Lake acting as a joint powers agreement:
$40,000 ..... 1996
The grant is to cover costs associated with planning for facility needs for a combined district. The facilities must provide for the location of a significant number of noneducational student and community service programs within the facility. The joint powers group must consult with independent school district Nos. 324, Jackson; 177, Windom; and 518, Worthington, and include facility needs and availability in those districts in the group's planning.
Subd. 7. [PRESTON-FOUNTAIN; HARMONY DISTRICT.] For a grant to the new school district comprised of independent school district No. 233, Preston-Fountain, and independent school district No. 228, Harmony:
$70,000 ..... 1996
This grant must be placed in the district's debt redemption fund. The department must reduce the new district debt service levy by this amount.
Subd. 8. [FACILITIES ADMINISTRATIVE SUPPORT.] (a) For administrative support for school building health and safety programs:
$460,000 ..... 1996
$460,000 ..... 1997
(b) $400,000 in each year is for health and safety management assistance contracts under Minnesota Statutes, section 124.83.
(c) $60,000 of each year's appropriation shall be used to contract with the state fire marshal to provide services under Minnesota Statutes, section 121.502.
Sec. 19. [REPEALER.]
Laws 1991, chapter 265, article 5, section 23, as amended by Laws 1992, chapter 499, article 5, section 25, is repealed July 1, 1995.
Section 1. Minnesota Statutes 1994, section 121.912, subdivision 6, is amended to read:
Subd. 6. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.]
(a) A school district that has reorganized according to
section 122.22, 122.23, or sections 122.241 to 122.248, or has
conducted a successful referendum on the question of combination
under section 122.243, subdivision 2, or consolidation under
section 122.23, subdivision 13, or has been assigned an
identification number by the commissioner under section 122.23,
subdivision 14, may make permanent transfers between any of
the funds in the newly created or enlarged district with the
exception of the debt redemption fund, food service fund, and
health and safety account of the capital expenditure fund. Fund
transfers under this section may be made only for up to
one year prior to the effective date of combination or
consolidation and during the year following the effective
date of reorganization.
(b) A district that has conducted a successful referendum on
the question of combination under section 122.243, subdivision 2,
may make permanent transfers between any of the funds in the
district with the exception of the debt redemption fund, food
service fund, and health and safety account of the capital
expenditure fund for up to one year prior to the effective date
of combination under sections 122.241 to 122.248.
Sec. 2. Minnesota Statutes 1994, section 122.21, subdivision 4, is amended to read:
Subd. 4. Within six months of the time when the petition was
filed, the county board shall issue its order either granting or
denying the petition, unless all or part of the land area
described in the petition is included in a plat for consolidation
or combination which has been approved by the state
board commissioner of education in which event, no
order may be issued while consolidation or combination
proceedings are pending. No order shall be issued which results
in attaching to a district any territory not adjoining that
district, as defined in subdivision 1(a). No order shall be
issued which reduces the size of any district to less than four
sections unless the district is not operating a school within the
district. The order may be made effective at a deferred date not
later than July 1 next following its issuance. If the petition
be granted, the auditor shall transmit a certified copy to the
commissioner. Failure to issue an order within six months of the
filing of the petition or termination of proceedings upon an
approved consolidation plat, whichever is later, is a denial of
the petition.
Sec. 3. Minnesota Statutes 1994, section 122.895, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(a) "Teacher" means a teacher as defined in section 125.12, subdivision 1, who is employed by a district or center listed in subdivision 2, except that it does not include a superintendent.
(b) "Cooperative" means any district or center to which this section applies.
(c) "Withdrawal" means a school district's removal of its students from a program of instruction, counseling, or evaluation provided by a cooperative in order to provide the same educational services by other means.
(d) "Education support position" means a position not requiring a teaching license in which an employee assists a teacher by providing instructional, counseling, or evaluative support services directly to students.
(e) "Education support employee" means an employee holding an education support position.
Sec. 4. Minnesota Statutes 1994, section 122.895, subdivision 8, is amended to read:
Subd. 8. [NONLICENSED EMPLOYEES UPON DISSOLUTION.] (a)
A nonlicensed employee who is terminated by a cooperative that
dissolves shall be appointed by a district that is a member of
the dissolved cooperative to a position that is created within
12 36 months of the dissolution of the cooperative
and is created as a result of the dissolution of the cooperative.
A position shall be offered to a nonlicensed employee, who
fulfills the qualifications for that position, in order of the
employee's seniority within the dissolved cooperative.
(b) When an education support employee is terminated by a cooperative that dissolves, a district that is a member of the dissolved cooperative shall appoint the employee to an education support position if the position is created within 36 months of the dissolution of the cooperative as a result of the dissolution. An education support position shall be offered to an education support employee, who fulfills the qualifications for that position, in order of the employee's seniority within the dissolved cooperative.
(c) An employee appointed according to this subdivision shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the appointing district's compensation schedule and seniority list; and
(2) unused sick leave accumulated while employed by the cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules, part 5510.0510, subparts 1 to 4, a representation petition seeking the exclusive representation of a unit of education support employees employed by a district formerly a member of a dissolved cooperative may be considered by the commissioner of the bureau of mediation services at any time within 11 months of the dissolution of the cooperative.
Sec. 5. Minnesota Statutes 1994, section 122.895, subdivision 9, is amended to read:
Subd. 9. [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] (a) A
nonlicensed employee of a cooperative whose position
active employment is discontinued or reduced as a
result of the withdrawal of a member district from the
cooperative shall be appointed by the withdrawing member district
to a position that is created within 12 36 months
of the withdrawal and is created as a result of the withdrawal of
the member district. A position shall be offered to a
nonlicensed employee, who fulfills the qualifications for that
position, in order of the employee's seniority within the
cooperative from which a member district withdraws.
(b) When an education support employee of a cooperative has active employment discontinued or reduced as a result of the withdrawal of a member district from the cooperative, the withdrawing member district shall appoint the employee to an education support position if the position is created within 36 months of the withdrawal as a result of the withdrawal of the member district. An education support position shall be offered to an education support employee, who meets the qualifications for that position, in order of the employee's seniority within the cooperative from which a member district withdraws.
(c) An employee appointed according to this subdivision shall receive credit for the employee's:
(1) continuous years of service with the cooperative on the appointing district's compensation schedule and seniority list; and
(2) unused sick leave accumulated while employed by the cooperative.
(d) Notwithstanding section 179A.12 or Minnesota Rules, part 5510.0510, subparts 1 to 4, a representation petition seeking the exclusive representation of a unit of education support employees employed by a member district which has withdrawn from a cooperative may be considered by the commissioner of the bureau of mediation services at any time within 11 months of the district's withdrawal from the cooperative.
Sec. 6. Minnesota Statutes 1994, section 124.2725, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district is eligible for cooperation and combination revenue if it has a plan approved by the commissioner according to section 122.243 and it levied under subdivision 3 for taxes payable in 1995.
Sec. 7. Minnesota Statutes 1994, section 124.2725, subdivision 3, is amended to read:
Subd. 3. [COOPERATION AND COMBINATION LEVY.] To obtain cooperation and combination revenue, a district may levy an amount equal to the cooperation and combination revenue multiplied by the lesser of one or the following ratio:
(1) the quotient derived by dividing the adjusted net tax capacity for the district in the year preceding the year the levy is certified by the actual pupil units in the district for the year to which the levy is attributable, to
(2) the percentage, amount specified in
subdivision 4, of the equalizing factor for the school
year to which the levy is attributable.
Sec. 8. Minnesota Statutes 1994, section 124.2725, subdivision 4, is amended to read:
Subd. 4. [INCREASING LEVY.] (a) For districts that did not
enter into an agreement under section 122.541 at least three
years before the date of a successful referendum held under
section 122.243, subdivision 2, and that combine without
cooperating, the percentage amount in subdivision
3, clause (2), shall be:
(1) 50 percent $4,707.50 for the first year of
combination; and
(2) 25 percent $2,353.75 for the second year of
combination.
(b) For districts that entered into an agreement under section 122.541 at least three years before the date of a successful referendum held under section 122.243, subdivision 2, and combine without cooperating, the percentages in subdivision 3, clause (2), shall be:
(1) 100 percent $9,415 for the first year of
combination;
(2) 75 percent $7,061.25 for the second year of
combination;
(3) 50 percent $4,707.50 for the third year of
combination; and
(4) 25 percent $2,353.75 for the fourth year of
combination.
(c) For districts that combine after one year of cooperation, the percentage in subdivision 3, clause (2), shall be:
(1) 100 percent $9,415 for the first year of
cooperation;
(2) 75 percent $7,061.25 for the first year of
combination;
(3) 50 percent $4,707.50 for the second year of
combination; and
(4) 25 percent $2,353.75 for the third year of
combination.
(d) For districts that combine after two years of cooperation, the percentage in subdivision 3, clause (2), shall be:
(1) 100 percent $9,415 for the first year of
cooperation;
(2) 75 percent $7,061.25 for the second year of
cooperation;
(3) 50 percent $4,707.50 for the first year of
combination; and
(4) 25 percent $2,353.75 for the second year of
combination.
Sec. 9. Minnesota Statutes 1994, section 124.2725, subdivision 15, is amended to read:
Subd. 15. [RETIREMENT AND SEVERANCE LEVY.] A cooperating or combined district that levied under subdivision 3 for taxes payable in 1995 may levy for severance pay or early retirement incentives for licensed and nonlicensed employees who retire early as a result of the cooperation or combination.
Sec. 10. Minnesota Statutes 1994, section 124.2726, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY AND USE.] A school district that
has been reorganized after June 30, 1994, under section
122.23 and has not received revenue under section 124.2725 is
eligible for consolidation transition revenue. Revenue is equal
to the sum of aid under subdivision 2 and levy under subdivision
3. Consolidation transition revenue may only be used according
to this section. Revenue must initially be used for the
payment of district costs for the early retirement incentives
granted by the district under section 122.23, subdivision 20.
Any revenue under subdivision 2 remaining after the payment of
district costs for the early retirement incentives must be used
to reduce operating debt as defined in section 121.915. Any
additional aid remaining after the reduction of operating debt
must be deposited in the district's general fund. Revenue
must be used for the following purposes and may be distributed
among these purposes at the discretion of the district:
(1) to offer early retirement incentives as provided by section 122.23, subdivision 20;
(2) to reduce operating debt as defined in section 121.915;
(3) to enhance learning opportunities for students in the reorganized district; and
(4) for other costs incurred in the reorganization.
Revenue received and utilized under clause (3) or (4) may be expended for operating, facilities, and/or equipment. Revenue received under this section shall not be included in the determination of the reduction under section 124A.26, subdivision 1.
Sec. 11. Minnesota Statutes 1994, section 124.2726, subdivision 2, is amended to read:
Subd. 2. [AID.] (a) Consolidation transition aid is equal to $200 times the number of actual pupil units in the newly created district in the year of consolidation and $100 times the number of actual pupil units in the first year following the year of consolidation. The number of pupil units used to calculate aid in either year shall not exceed 1,000 for districts consolidating July 1, 1994, and 1,500 for districts consolidating July 1, 1995, and thereafter.
(b) If the total appropriation for consolidation transition aid for any fiscal year, plus any amount transferred under section 124.14, subdivision 7, is insufficient to pay all districts the full amount of aid earned, the department of education shall first pay the districts in the first year following the year of consolidation the full amount of aid earned and distribute any remaining funds to the newly created districts in the first year of consolidation.
Sec. 12. Minnesota Statutes 1994, section 124.2726, subdivision 4, is amended to read:
Subd. 4. [NEW DISTRICTS.] If a district consolidates with
another district that has received consolidation
transition aid under 124.2725 or 124.2726 within six
years of the effective date of the new consolidation, only the
pupil units in the district or districts not previously
reorganized shall be counted for aid purposes under subdivision
2. If two or more districts consolidate and both
all districts received aid under subdivision 2 within six
years of the effective date of the new consolidation, only one
quarter of the pupil units in the newly created district shall be
used to determine aid under subdivision 2.
Sec. 13. Minnesota Statutes 1994, section 124.2728, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] A school district that
reorganizes under section 122.23 or sections 122.241 to 122.248
effective on or after July 1, 1994, is eligible for
special consolidation aid under this section. A district may
receive aid under this section for only three years.
Sec. 14. [LAC QUI PARLE VALLEY JOINT DISTRICT.]
Subdivision 1. [FUND TRANSFER.] Notwithstanding Minnesota Statutes, section 121.912, or any other law to the contrary, independent school district No. 377, Madison, may transfer $1,000,000 from its capital expenditure fund to the trust and agency fund of joint powers school district No. 6011, Lac qui Parle Valley.
Subd. 2. [BALLOT ISSUES.] Notwithstanding Minnesota Statutes, sections 122.531 and 124A.03, the referendum held in the member districts of joint school district No. 6011, Lac qui Parle Valley, may, as part of the ballot question to approve the plan to combine the districts, include a reference to the referendum revenue amount that will result in not more than $315 per pupil unit of revenue in the combined district.
Subd. 3. [LEVY REDUCTION.] Beginning with taxes certified in 2004 payable in 2005, the tax levy on the property that was in independent school district No. 2153, Madison-Marietta-Nassau, on June 30, 1996, is reduced by $100,000 per year for a ten-year period. In each fiscal year for which this levy that would have been attributed, the amounts necessary to make up for the levy reduction are transferred from the trust and agency fund of the successor district to joint district No. 6011, Lac qui Parle Valley, to the appropriate funds as necessary to replace the levy reduction. Any funds remaining in the trust and agency fund as a result of the transfer authorized in subdivision 1 after the ten-year period are transferred to the capital expenditure fund or its successor fund of the district.
Subd. 4. [REORGANIZATION OPERATING DEBT LEVY.] Independent school district No. 128, Milan, and its successor district may certify the levy for reorganization operating debt authorized in Minnesota Statutes, section 122.531, subdivision 4a, beginning in the year of a successful vote to combine. The levy must be certified according to Minnesota Statutes, section 122.531, subdivision 4a, paragraph (a), clause (1), except that the levy may be certified over less than five years. The reorganization operating debt levy is reduced by the amount of any state grant for the same purpose.
Sec. 15. [LAKE PARK-AUDUBON CONSOLIDATION PROVISION.]
Notwithstanding Minnesota Statutes, sections 122.23 and 205A.12, independent school district No. 21, Audubon, and independent school district No. 24, Lake Park, as part of an agreement to consolidate according to section 122.23, may agree to provide for two multimember election districts, with each district entitled to elect three members of the board of the consolidated district. This section applies until it is necessary to take action for the first election using census data from the year 2000.
Sec. 16. [HACA ALLOCATION; EAST CENTRAL.]
Independent school district No. 2580, East Central, may, by school board resolution, reallocate any portion of its homestead and agricultural credit aid attributable to the levies in the debt redemption fund to the debt service levies spread separately upon the tax bases of former independent school district Nos. 566, Askov, and 576, Sandstone.
Sec. 17. [PILOT ENHANCED PAIRING AGREEMENT.]
Subdivision 1. [AGREEMENT.] Notwithstanding any law to the contrary, any two or more of the boards of independent school district Nos. 648, Danube, 654, Renville, 655, Sacred Heart, and 631, Belview, may enter into an enhanced pairing agreement providing for the discontinuance of one or more grades, or portions of those grades, and for the instruction of those grades in another district that is subject to the agreement. The agreement, and all subsequent amendments, if any, shall be filed with the commissioner of education.
Subd. 2. [SINGLE BOARD.] The districts shall provide in the enhanced pairing agreement that the governance of the districts will be by the combined membership of the separate boards acting as a single board for purposes of quorum and passing resolutions. A quorum must include a minimum of one member from each of the separate boards. The membership of the separate boards may be reduced to five members in a manner consistent with Minnesota Statutes, section 123.33, subdivision 1. The actions reserved for the separate boards shall be ratification of amendments to the agreement, serving a notice of withdrawal from the agreement, and other items reserved for the separate boards as defined in the agreement.
Subd. 3. [PERSONNEL.] The districts subject to the enhanced pairing agreement must have one exclusive bargaining representative, one master contract, and a combined seniority list. The teachers and other employees of the districts will be employees of the single board established by the agreement unless specifically excluded in the agreement. If the agreement dissolves or a board withdraws from the agreement, the affected employees shall be provided for in a manner consistent with Minnesota Statutes, section 122.895.
Subd. 4. [FINANCIAL.] (a) Fiscal operations shall be merged under the enhanced pairing agreement, and the single board shall be the fiscal agent to meet reporting requirements. The department of education shall assign a single identification number to apply to the districts subject to the agreement. Levies shall be made jointly except for levies under Minnesota Statutes, sections 124A.03 and 124.97. Districts subject to the agreement shall be considered a single independent school district for purposes of fees or dues assessments.
(b) Title to all the unattached property and all cash reserves of any district subject to the enhanced pairing agreement shall become the property of the single board unless otherwise provided for in the agreement. All legally valid and enforceable claims and contract obligations pass to the single board. For purposes of litigation, the districts subject to the agreement may be recognized singly or jointly. If the agreement dissolves or a board withdraws from the agreement, the commissioner shall divide assets and liabilities of the single board proportionately based on the weighted average daily membership over the last three years.
Subd. 5. [NOTICE AND HEARING.] Prior to entering into an enhanced pairing agreement, the school board shall consult with the community at an informational meeting. The board shall publish notice of the meeting in the official newspaper of the district.
Sec. 18. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund or other named fund to the department of education for the fiscal years designated.
Subd. 2. [CAPITAL FACILITY GRANTS FOR COOPERATION AND COMBINATION.] For competitive grants under Minnesota Statutes, section 124C.60:
$408,000 ..... 1996
$-0-..... 1997
Subd. 3. [SPECIAL CONSOLIDATION AID.] For special consolidation aid under Minnesota Statutes, section 124.2728:
$75,000 ..... 1996
$40,000 ..... 1997
The 1996 appropriation includes $12,000 for 1995 and $63,000 for 1996.
The 1997 appropriation includes $9,000 for 1996 and $31,000 for 1997.
Any balance in the first year does not cancel but is available in the second year.
Subd. 4. [MILAN REORGANIZATION OPERATING DEBT.] For a grant to independent school district No. 128, Milan, to retire operating debt:
$36,000 ..... 1996
$36,000 ..... 1997
Subd. 5. [CONSOLIDATION TRANSITION AID.] For districts consolidating under Minnesota Statutes, section 124.2726:
$991,000 ..... 1996
$1,153,000 ..... 1997
The 1996 appropriation includes $75,000 for 1995 and $916,000 for 1996.
The 1997 appropriation includes $162,000 for 1996 and $991,000 for 1997.
Any balance in the first year does not cancel but is available in the second year.
Subd. 6. [COOPERATION AND COMBINATION AID.] For aid for districts that cooperate and combine according to Minnesota Statutes, section 124.2725:
$3,393,000 ..... 1996
$2,044,000 ..... 1997
The 1996 appropriation includes $542,000 for 1995 and $2,851,000 for 1996.
The 1997 appropriation includes $503,000 for 1996 and $1,541,000 for 1997.
Any balance in the first year does not cancel but is available in the second year.
Subd. 7. [DISTRICT COOPERATION REVENUE.] For district cooperation revenue aid:
$13,485,000 ..... 1996
$12,143,000 ..... 1997
The 1996 appropriation includes $2,115,000 for 1995 and $11,370,000 for 1996.
The 1997 appropriation includes $2,006,000 for 1996 and $10,137,000 for 1997.
Subd. 8. [INFORMATION SUPPORT.] For information reporting support and software:
$750,000 ..... 1996
$500,000 ..... 1997
The department must support school districts in preparing information required by the state and ensure that data reported to the state is accurate. Data reported to the state must meet state reporting standards. Up to $150,000 in fiscal year 1996 is for additional Internet support in school districts. Up to $300,000 each year is for development, maintenance, and support of software for data reporting to the state.
Sec. 19. [EFFECTIVE DATE.]
Sections 3 to 5, and 14, subdivision 2, are effective the day following final enactment. Section 14, subdivision 1, is effective retroactive to January 1, 1989. Section 14, subdivisions 3 and 4, and section 18, subdivision 4, are effective following the successful vote to consolidate effective July 1, 1996, by all the members of joint district No. 6011, Lac qui Parle Valley.
Section 1. Minnesota Statutes 1994, section 121.11, subdivision 7c, is amended to read:
Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) The legislature is committed to establishing a rigorous, results-oriented graduation rule for Minnesota's public school students. To that end, the state board shall use its rulemaking authority under subdivision 7b to adopt a statewide, results-oriented graduation rule to be implemented starting with students beginning ninth grade in the 1996-1997 school year. The board shall not prescribe in rule or otherwise the delivery system, form of instruction, or a single statewide form of assessment that local sites must use to meet the requirements contained in this rule.
(b) Assessments used to measure knowledge required by all students for graduation must be developed according to the most current version of professional standards for educational testing.
(c) The content of the graduation rule must differentiate between minimum competencies and rigorous standards. When fully implemented, the requirements for high school graduation in Minnesota, including both basic requirements and the required profile of learning, shall include a broad range of academic experience and accomplishment necessary to achieve the goal of preparing students to function effectively as purposeful thinkers, effective communicators, self-directed learners, productive group participants, and responsible citizens.
(d) The state board shall periodically review and report on the assessment process and student achievement with the expectation of raising the standards and expanding high school graduation requirements.
(e) The state board shall report to the legislature annually by January 15 on its progress in developing and implementing the graduation requirements until such time as all the graduation requirements are implemented.
Sec. 2. Minnesota Statutes 1994, section 123.3514, subdivision 4d, is amended to read:
Subd. 4d. [ENROLLMENT PRIORITY.] A post-secondary institution
shall give priority to its post-secondary students when enrolling
11th and 12th grade pupils in its courses for secondary
credit. A post-secondary institution may provide
information about its programs to a secondary school or to a
pupil or parent, but it may not advertise or otherwise recruit or
solicit the participation on financial grounds, secondary pupils
to enroll in its programs. An institution shall not enroll
secondary pupils, for post-secondary enrollment options purposes,
in remedial, developmental, or other courses that are not college
level. Once a pupil has been enrolled in a post-secondary
course under this section, the pupil shall not be displaced by
another student.
Sec. 3. Laws 1993, chapter 224, article 12, section 32, as amended by Laws 1993, chapter 374, section 22, is amended to read:
Sec. 32. [REPEALER.]
(a) Minnesota Statutes 1992, sections 120.095; 120.101, subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2; 121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883; 121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10, 11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3 and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934; 121.936 subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942; 121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35, subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8, 9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67; 123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67; 124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17, subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20, subdivision 4; 126.24; and 126.268, are repealed.
(b) Minnesota Statutes 1992, section 121.11, subdivision 15, is repealed.
(c) Minnesota Statutes 1992, sections 120.101, subdivision 5b;
121.11, subdivision 16; 121.585, subdivision 3; 124.19,
subdivisions 1, 1b, 6, and 7; 126.02; 126.025; 126.031; 126.06;
126.08; 126.12, subdivision 2; 126.661; 126.662; 126.663;
126.664; 126.665; 126.666; 126.67; 126.68; 126A.01;
126A.02; 126A.04; 126A.05; 126A.07; 126A.08; 126A.09; 126A.10;
126A.11; and 126A.12, are repealed.
Sec. 4. [PSEO STUDY.]
The legislative audit commission is asked to request that the office of the legislative auditor conduct a study of the post-secondary enrollment options program under Minnesota Statutes, section 123.3514, including an assessment of the number of students participating, their demographic characteristics, the types of courses being taken, the fiscal impact of the program, program compliance, and whether the program is responsive to parents, students, and teacher input.
Sec. 5. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums indicated in this section are appropriated from the general fund to the department of education for the fiscal years designated.
Subd. 2. [GRADUATION STANDARDS AND ASSESSMENTS.] For accelerated development of the state board of education graduation rule:
$5,000,000 ..... 1996
$5,000,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
Subd. 3. [EDUCATIONAL EFFECTIVENESS.] For educational effectiveness programs according to Minnesota Statutes, sections 121.602 and 121.608:
$775,000 ..... 1996
$775,000 ..... 1997
Subd. 4. [ACADEMIC EXCELLENCE FOUNDATION.] (a) For the academic excellence foundation according to Minnesota Statutes, section 121.612:
$552,000 ..... 1996
$552,000 ..... 1997
(b) Up to $50,000 each year is contingent upon the match of $1 in the previous year from private sources consisting of either direct monetary contributions or in-kind contributions of related goods or services, for each $1 of the appropriation. The commissioner of education must certify receipt of the money or documentation for the private matching funds or in-kind contributions. The unencumbered balance from the amount actually appropriated from the contingent amount in 1996 does not cancel but is available in 1997. The amount carried forward must not be used to establish a larger annual base appropriation for later fiscal years.
(c) $30,000 each year is for the south central Minnesota talented youth program.
Subd. 6. [ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.] For the state advanced placement and international baccalaureate programs, including training programs, support programs, and examination fee subsidies:
$875,000 ..... 1996
$875,000 ..... 1997
Of this amount $200,000 each year is for training and support programs under Minnesota Statutes, section 126.239, and the balance is for examination fee subsidies. Notwithstanding Minnesota Statutes, section 126.239, subdivision 3, in each year, the commissioner shall pay the fee for one advanced placement or international baccalaureate examination for the first examination each student takes. The commissioner shall pay 50 percent of the fee for each additional examination a student takes or more than 50 percent if the student meets the low-income guidelines established by the commissioner. If this amount is not adequate, the commissioner may pay less than 50 percent for the additional examinations.
Any balance in the first year does not cancel but is available in the second year.
Subd. 7. [SCHOOL RESTRUCTURING GRANTS.] For school restructuring:
$300,000 ..... 1996
$300,000 ..... 1997
This appropriation is for a grant to a nonstate organization to develop systemic site decision-making models and implement systemic site decision-making in school districts.
Any balance in the first year does not cancel but is available in the second year.
Sec. 6. [REPEALER.]
Minnesota Statutes 1994, sections 121.602, subdivision 5; 125.138, subdivisions 6, 7, 8, 9, 10, and 11; and 126.019, are repealed.
Laws 1992, chapter 499, article 7, section 27, is repealed.
Section 1. [124.177] [PSEO REPLACEMENT AID.]
Subdivision 1. [ELIGIBILITY.] A school district that meets the following criteria is eligible for PSEO replacement aid:
(1) the number of pupils or portions of pupils in average daily membership using the post-secondary enrollment options program exceeds four percent of the district's enrollment in grades 11 and 12;
(2) the enrollment in average daily membership in the district is less in the current year than it was five years previous; and
(3) the district is adjacent to at least two districts that are eligible for elementary or secondary sparsity revenue.
Subd. 2. [AID AMOUNT.] PSEO replacement aid equals:
(1) the number of pupils or portions of pupils in average daily membership using the post-secondary enrollment options program for the portion of time not attending the school district, minus
(2) the number of pupils in average daily membership in grades 11 and 12 in the district multiplied by four percent, multiplied by
(3) the secondary pupil weighting of 1.3, multiplied by
(4) the basic formula allowance for the fiscal year.
The PSEO replacement aid is not less than zero.
Sec. 2. Minnesota Statutes 1994, section 124.214, subdivision 2, is amended to read:
Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278, sections 270.07, 375.192, or otherwise, the net tax capacity of any school district for any taxable year is changed after the taxes for that year have been spread by the county auditor and the local tax rate as determined by the county auditor based upon the original net tax capacity is applied upon the changed net tax capacities, the county auditor shall, prior to February 1 of each year, certify to the commissioner of education the amount of any resulting net revenue loss that accrued to the school district during
the preceding year. Each year, the commissioner shall pay an abatement adjustment to the district in an amount calculated according to the provisions of this subdivision. This amount shall be deducted from the amount of the levy authorized by section 124.912, subdivision 9. The amount of the abatement adjustment shall be the product of:
(1) the net revenue loss as certified by the county auditor, times
(2) the ratio of:
(a) the sum of the amounts of the district's certified levy in the preceding year according to the following:
(i) section 124A.23 if the district receives
received general education aid according to that section
for the second preceding year, or section 124B.20, if
the education district of which the district is a member receives
general education aid according to that section;
(ii) section 124.226, subdivisions 1 and 4, if the district
receives received transportation aid according to
section 124.225 for the second preceding year;
(iii) section 124.243, if the district receives
received capital expenditure facilities aid according to
that section for the second preceding year;
(iv) section 124.244, if the district receives
received capital expenditure equipment aid according to
that section for the second preceding year;
(v) section 124.83, if the district receives
received health and safety aid according to that section
for the second preceding year;
(vi) sections 124.2713, 124.2714, and 124.2715, if the district
receives received aid for community education
programs according to any of those sections for the second
preceding year;
(vii) section 124.2711, subdivision 2a, if the district
receives received early childhood family education
aid according to section 124.2711 for the second preceding
year;
(viii) section 124.321, subdivision 3, if the district
receives received special education levy
equalization aid according to that section for the second
preceding year;
(ix) section 124A.03, subdivision 1g, if the district
receives received referendum equalization aid
according to that section for the second preceding year;
and
(x) section 124A.22, subdivision 4a, if the district
receives received training and experience aid
according to that section for the second preceding
year;
(b) to the total amount of the district's certified levy in the preceding October, plus or minus auditor's adjustments.
Sec. 3. Minnesota Statutes 1994, section 124.214, subdivision 3, is amended to read:
Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax increment is made to a school district pursuant to section 469.176, subdivision 2, or upon decertification of a tax increment district, the school district's aid and levy limitations must be adjusted for the fiscal year in which the excess tax increment is paid under the provisions of this subdivision.
(a) An amount must be subtracted from the school district's aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to the school district, times
(2) the ratio of:
(A) the sum of the amounts of the school district's certified levy for the fiscal year in which the excess tax increment is paid according to the following:
(i) section 124A.23, if the district receives
received general education aid according to that
section, or section 124B.20, if the education district of
which the district is a member receives general education aid
according to that section for the second preceding
year;
(ii) section 124.226, subdivisions 1 and 4, if the school
district receives received transportation aid
according to section 124.225 for the second preceding
year;
(iii) section 124.243, if the district receives
received capital expenditure facilities aid according to
that section for the second preceding year;
(iv) section 124.244, if the district receives
received capital expenditure equipment aid according to
that section for the second preceding year;
(v) section 124.83, if the district receives
received health and safety aid according to that section
for the second preceding year;
(vi) sections 124.2713, 124.2714, and 124.2715, if the district
receives received aid for community education
programs according to any of those sections for the second
preceding year;
(vii) section 124.2711, subdivision 2a, if the district
receives received early childhood family education
aid according to section 124.2711 for the second preceding
year;
(viii) section 124.321, subdivision 3, if the district
receives received special education levy
equalization aid according to that section for the second
preceding year;
(ix) section 124A.03, subdivision 1g, if the district
receives received referendum equalization aid
according to that section for the second preceding year;
and
(x) section 124A.22, subdivision 4a, if the district
receives received training and experience aid
according to that section for the second preceding
year;
(B) to the total amount of the school district's certified levy for the fiscal year, plus or minus auditor's adjustments.
(b) An amount must be subtracted from the school district's levy limitation for the next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment, and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid for the fiscal year specified or to the levy specified, the reductions must be made from aid for subsequent fiscal years, and from subsequent levies. The school district shall use the payment of excess tax increment to replace the aid and levy revenue reduced under this subdivision.
This subdivision applies only to the total amount of excess increments received by a school district for a calendar year that exceeds $25,000.
Sec. 4. Minnesota Statutes 1994, section 124.916, subdivision 2, is amended to read:
Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes payable
in 1994 and 1995 1996, 1997, 1998, and 1999 only, a
school district may levy an amount up to the amount the district
is required by the collective bargaining agreement in effect on
March 30, 1992, to pay for health insurance or unreimbursed
medical expenses for licensed and nonlicensed employees who have
terminated services in the employing district and withdrawn from
active teaching service or other active service, as applicable,
before July 1, 1992. The total amount of the levy each year may
not exceed $300,000.
Notwithstanding section 121.904, 50 percent of the proceeds of this levy shall be recognized in the fiscal year in which it is certified.
Sec. 5. Minnesota Statutes 1994, section 125.12, subdivision 3, is amended to read:
Subd. 3. [PROBATIONARY PERIOD.] The first three consecutive years of a teacher's first teaching experience in Minnesota in a single school district shall be deemed to be a probationary period of employment, and after completion thereof, the probationary period in each school district in which the teacher is thereafter employed shall be one year.
The school site management team, or the school board if
there is no school site management team, shall adopt a plan
for written evaluation of teachers during the probationary period
according to subdivision 3a or 3b. Evaluation by the
peer review committee charged with evaluating probationary
teachers under subdivision 3a shall occur at least three
times each year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher
performing services on 60 to 119 school days, and at least one
time each year for a teacher performing services on fewer than 60
school days. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities
and days on which a teacher is absent from school shall not be
included in determining the number of school days on which a
teacher performs services. During the probationary period any
annual contract with any teacher may or may not be renewed as the
school board, after consulting with the peer review committee
charged with evaluating probationary teachers under subdivision
3a, shall see fit; provided, however, that the school board
shall give any such teacher whose contract it declines to renew
for the following school year written notice to that effect
before June 1. If the teacher requests reasons for any
nonrenewal of a teaching contract, the school board shall give
the teacher its reason in writing, including a statement that
appropriate supervision was furnished describing the nature and
the extent of such supervision furnished the teacher during the
employment by the board, within ten days after receiving such
request. The school board may, after a hearing held upon due
notice, discharge a teacher during the probationary period for
cause, effective immediately, under section 123.35, subdivision
5.
Sec. 6. Minnesota Statutes 1994, section 125.623, subdivision 2, is amended to read:
Subd. 2. [GRANTS.] The commissioner of education in
consultation with the multicultural advisory committee
established in section 126.82 desegregation/integration
advisory board established in section 121.1601,
subdivision 3, shall award grants for professional
development programs to recruit and educate people of color in
the field of education, including early childhood and parent
education. Grant applicants must be a school district with a
growing minority population working in collaboration with a state
institution of higher education with an approved teacher
licensure program or an approved early childhood or parent
education licensure program.
Sec. 7. Minnesota Statutes 1994, section 126.22, subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
according to subdivision 2 may enroll in any program approved
by the state board of education under Minnesota Rules, part
3500.3500, or area learning centers under sections 124C.45 to
124C.48, or according to section 121.11, subdivision 12.
(b) A pupil who is eligible according to subdivision 2 and who is between the ages of 16 and 21 may enroll in post-secondary courses under section 123.3514.
(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary or secondary education program. However, a person who is eligible according to subdivision 2, clause (b), may enroll only if the school board has adopted a resolution approving the enrollment.
(d) A pupil who is eligible under subdivision 2, may enroll part time, if 16 years of age or older, or full time in any nonprofit, nonpublic, nonsectarian school that has contracted with the serving school district to provide educational services.
(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic education programs approved under section 124.26 and operated under the community education program contained in section 121.88.
Sec. 8. Minnesota Statutes 1994, section 126.70, is amended to read:
126.70 [STAFF DEVELOPMENT PROGRAM.]
Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school board
shall use the revenue authorized in section 124A.29 for
in-service education for programs under section 126.77,
subdivision 2, or for staff development plans under this section.
The board must establish a staff development committee to develop
the plan, advise a assist site decision-making
team about teams in developing a site plan consistent
with the goals of the plan, and evaluate staff development
efforts at the site level. A majority of the advisory committee
must be teachers representing various grade levels, subject
areas, and special education. The advisory committee must also
include nonteaching staff, parents, and administrators.
Districts shall report staff development results to the
commissioner in the form and manner determined by the
commissioner.
Subd. 2. [CONTENTS OF THE PLAN.] The plan must include
education the staff development outcomes under
subdivision 2a, the means to achieve the outcomes, and
procedures for evaluating progress at each school site toward
meeting education outcomes.
Subd. 2a. [STAFF DEVELOPMENT OUTCOMES.] (a) The staff
development committee shall adopt a staff development plan for
improving student achievement of education outcomes. The plan
must be consistent with education outcomes that the school board
determines. The plan shall include activities that enhance
staff skills for achieving the following outcomes The plan
shall include on-going staff development activities that
contribute toward continuous improvement in achievement of the
following goals:
(1) foster readiness for learning for all pupils
improve student achievement of state and local education
standards in all areas of the curriculum;
(2) increase pupils' educational progress by using
appropriate outcomes and personal learning goals and by
encouraging pupils and their parents to assume responsibility for
their education effectively meet the needs of a diverse
student population, including at-risk children, children with
disabilities, and gifted children, within the regular classroom
and other settings;
(3) meet pupils' individual needs by using alternative
instructional opportunities, accommodations, modifications,
after-school child care programs, and family and community
resources provide an inclusive curriculum for a racially,
ethnically, and culturally diverse student population that is
consistent with the state education diversity rule and the
district's education diversity plan;
(4) effectively meet the needs of children with disabilities
within the regular classroom and other settings by improving the
knowledge of school personnel about the legal and programmatic
requirements affecting students with disabilities, and by
improving staff ability to collaborate, consult with one another,
and resolve conflicts; and improve staff ability to
collaborate and consult with one another and to resolve
conflicts;
(5) provide equal educational opportunities for all students
that are consistent with the school desegregation/integration and
inclusive education policies adopted by school districts and
approved by the state.
(b) The staff development committee is strongly encouraged
to include in its plan activities for achieving the following
outcomes:
(1) facilitate organizational changes by enabling a
site-based team composed of pupils, parents, school personnel,
representatives of children with disabilities, and community
members who generally reflect the racial composition of the
school to address the pupils' needs;
(2) evaluate the effectiveness of education policies,
processes, and products through appropriate evaluation procedures
that include multiple criteria and indicators;
(3) provide effective mentorship oversight and peer review
of probationary, continuing contract, and nonprobationary
teachers;
(4) assist elementary and secondary students in learning to
resolve conflicts in effective, nonviolent ways;
(5) effectively teach and model violence prevention policy
and curricula that address issues of sexual, racial, and
religious harassment; and
(6) provide challenging instructional activities and
experiences, including advanced placement and international
baccalaureate programs, that recognize and cultivate students'
advanced abilities and talents. effectively teach and
model violence prevention policy and curriculum that address
issues of harassment and teach nonviolent alternatives for
conflict resolution; and
(6) provide teachers and other members of site-based management teams with appropriate management and financial management skills.
Sec. 9. Minnesota Statutes 1994, section 128B.08, is amended to read:
128B.08 [REPORTS TO LEGISLATURE.]
Before December 1 January 15 of each
odd-numbered year, the council must submit a report
to the legislature on the school established by this chapter.
The report must document the success or failure of the school.
Sec. 10. Minnesota Statutes 1994, section 128B.10, subdivision 1, is amended to read:
Subdivision 1. [EXTENSION.] This chapter is repealed July 1,
1995 1997.
Sec. 11. Laws 1965, chapter 705, section 1, subdivision 3, is amended to read:
Subd. 3. [CONTRACTS FOR SERVICES.] The converted district
shall may contract with the city of Saint Paul for
such facilities as are furnished by the civil
service bureau, and, unless the board and city governing
body each adopt a resolution declaring that a particular function
would be most more efficiently and effectively
handled separately, the board shall contract on a pro rata cost
basis with the city for such facilities and services as
are provided by the purchasing department, comptroller, legal
department, and election and other services supplied by
the city, provided, however, that the board may contract for
other legal services when the interests of the district and the
city are in conflict in any legal matter, and provided
further that the board may contract for architectural services
for the planning and construction of new school buildings when
funds have been made available for their construction
of such school buildings.
Sec. 12. Laws 1965, chapter 705, section 1, subdivision 4, is amended to read:
Subd. 4. As of July 1, 1965, the organization, operation,
maintenance and conduct of the affairs of the converted district
shall be governed by general laws relating to independent
districts, except as otherwise provided in Extra Session Laws
1959, Chapter 71, as amended, and all special laws and charter
provisions relating only to the converted district are repealed.
Where an existing pension law is applicable to employees of the
special district such law shall continue to be applicable in the
same manner and to the same extent to employees of the converted
district. General laws applicable to independent school
districts wholly or partly within cities of the first class shall
not be applicable to the converted district. The provision of
the statutes applicable only to teachers retirement fund
associations in cities of the first class, limiting the amount of
annuity to be paid from public funds, limiting the taxes to be
levied to carry out the plan of such associations, and limiting
the amount of annuities to be paid to beneficiaries, all as
contained in Minnesota Statutes, Section 135.24, shall not be
applicable to such converted district, but the statutes
applicable to such special district prior to the conversion shall
continue to be applicable and the pension plan in operation prior
to the conversion shall continue in operation until changed in
accordance with law, and the teacher tenure law applicable to the
special district shall continue to apply to the converted
district in the same manner and to the same extent to teachers in
the converted district; provided further, where existing civil
service provisions of any law or charter are applicable to
special district employees, such provision shall
may continue to be applicable in the same manner and to
the same extent to employees of the converted district, at
such time as the board and city governing body each adopt a
resolution declaring that civil service bureau (city human
resources department) functions would be more efficiently and
effectively administered separately in each jurisdiction.
Notwithstanding any contrary provision of Extra Session Laws
1959, Chapter 71, as amended, if there was in the special
district a teachers retirement fund association operating and
existing under the provisions of Laws 1909, Chapter 343, and all
acts amendatory thereof, then such teachers retirement fund
association shall continue to exist and operate in the converted
district under and to be subject to the provisions of Laws 1909,
Chapter 343, and all acts amendatory thereof, to the same extent
and in the same manner as before the conversion, and, without
limiting the generality of the foregoing, such teachers
retirement fund association shall continue, after the conversion
as before the conversion, to certify to the same authorities the
amount necessary to raise by taxation in order to carry out its
retirement plan, and it shall continue, after the conversion as
before the conversion, to be the duty of said authorities to
include in the tax levy for the ensuing year a tax in addition to
all other taxes sufficient to produce so much of the sums so
certified as said authorities shall approve, and such teachers
retirement fund association shall not be subject after the
conversion to any limitation on payments to any beneficiary from
public funds or on taxes to be levied to carry out the plan of
such association to which it was not subject before the
conversion.
Sec. 13. Laws 1993, chapter 224, article 12, section 39, is amended to read:
Sec. 39. [REPEALER.]
(a) Minnesota Rules, parts 3500.0500; 3500.0600, subparts 1 and 2; 3500.0605; 3500.0800; 3500.1090; 3500.1800; 3500.2950; 3500.3100, subparts 1 to 3; 3500.3500; 3500.3600; 3500.4400; 3510.2200; 3510.2300; 3510.2400; 3510.2500; 3510.2600; 3510.6200; 3520.0200; 3520.0300; 3520.0600; 3520.1000; 3520.1200; 3520.1300; 3520.1800; 3520.2700; 3520.3802; 3520.3900; 3520.4500; 3520.4620; 3520.4630; 3520.4640; 3520.4680; 3520.4750; 3520.4761; 3520.4811; 3520.4831; 3520.4910; 3520.5330; 3520.5340; 3520.5370; 3520.5461; 3525.2850; 3530.0300; 3530.0600; 3530.0700; 3530.0800; 3530.1100; 3530.1300; 3530.1400; 3530.1600; 3530.1700; 3530.1800; 3530.1900; 3530.2000; 3530.2100; 3530.2800; 3530.2900; 3530.3100, subparts 2 to 4; 3530.3200, subparts 1 to 5; 3530.3400, subparts 1, 2, and 4 to 7; 3530.3500; 3530.3600; 3530.3900; 3530.4000;
3530.4100; 3530.5500; 3530.5700; 3530.6100; 3535.0800; 3535.1000; 3535.1400; 3535.1600; 3535.1800; 3535.1900; 3535.2100; 3535.2200; 3535.2600; 3535.2900; 3535.3100; 3535.3500; 3535.9930; 3535.9940; 3535.9950; 3540.0600; 3540.0700; 3540.0800; 3540.0900; 3540.1000; 3540.1100; 3540.1200; 3540.1300; 3540.1700; 3540.1800; 3540.1900; 3540.2000; 3540.2100; 3540.2200; 3540.2300; 3540.2400; 3540.2800; 3540.2900; 3540.3000; 3540.3100; 3540.3200; 3540.3300; 3540.3400; 3545.1000; 3545.1100; 3545.1200; 3545.2300; 3545.2700; 3545.3000; 3545.3002; 3545.3004; 3545.3005; 3545.3014; 3545.3022; 3545.3024; 8700.4200; 8700.6410; 8700.6800; 8700.7100; 8700.9000; 8700.9010; 8700.9020; and 8700.9030, are repealed.
(b) Minnesota Rules, parts 3520.1600; 3520.2400; 3520.2500; 3520.2600; 3520.2800; 3520.2900; 3520.3000; 3520.3100; 3520.3200; 3520.3400; 3520.3500; 3520.3680; 3520.3701; 3520.3801; 3520.4001; 3520.4100; 3520.4201; 3520.4301; 3520.4400; 3520.4510; 3520.4531; 3520.4540; 3520.4550; 3520.4560; 3520.4570; 3520.4600; 3520.4610; 3520.4650; 3520.4670; 3520.4701; 3520.4711; 3520.4720; 3520.4731; 3520.4741; 3520.4801; 3520.4840; 3520.4850; 3520.4900; 3520.4930; 3520.4980; 3520.5000; 3520.5010; 3520.5111; 3520.5120; 3520.5141; 3520.5151; 3520.5160; 3520.5171; 3520.5180; 3520.5190; 3520.5200; 3520.5220; 3520.5230; 3520.5300; 3520.5310; 3520.5361; 3520.5380; 3520.5401; 3520.5450; 3520.5471; 3520.5481; 3520.5490; 3520.5500; 3520.5510; 3520.5520; 3520.5531; 3520.5551; 3520.5560; 3520.5570; 3520.5580; 3520.5600; 3520.5611; 3520.5700; 3520.5710; 3520.5900; 3520.5910; 3520.5920; 3530.6500; 3530.6600; 3530.6700; 3530.6800; 3530.6900; 3530.7000; 3530.7100; 3530.7200; 3530.7300; 3530.7400; 3530.7500; 3530.7600; 3530.7700; and 3530.7800, are repealed.
(c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0100;
3510.0200; 3510.0300; 3510.0400; 3510.0500; 3510.0600;
3510.0800; 3510.1100; 3510.1200; 3510.1300; 3510.1400; 3510.1500;
3510.1600; 3510.2800; 3510.2900; 3510.3000; 3510.3200; 3510.3400;
3510.3500; 3510.3600; 3510.3700; 3510.3800; 3510.7200; 3510.7300;
3510.7400; 3510.7500; 3510.7600; 3510.7700; 3510.7900;
3510.8000; 3510.8100; 3510.8200; 3510.8300; 3510.8400;
3510.8500; 3510.8600; 3510.8700; 3510.9000; 3510.9100;
chapters 3515, 3517.0100; 3517.0120; 3517.3150; 3517.3170;
3517.3420; 3517.3450; 3517.3500; 3517.3650; 3517.4000;
3517.4100; 3517.4200; 3517.8500; 3517.8600;, and 3560,
are repealed.
(d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075; 3500.1100; 3500.1150; 3500.1200; 3500.1500; 3500.1600; 3500.1900; 3500.2000; 3500.2020; 3500.2100; 3500.2900; 3500.5010; 3500.5020; 3500.5030; 3500.5040; 3500.5050; 3500.5060; 3500.5070; 3505.2700; 3505.2800; 3505.2900; 3505.3000; 3505.3100; 3505.3200; 3505.3300; 3505.3400; 3505.3500; 3505.3600; 3505.3700; 3505.3800; 3505.3900; 3505.4000; 3505.4100; 3505.4200; 3505.4400; 3505.4500; 3505.4600; 3505.4700; 3505.5100; 8700.2900; 8700.3000; 8700.3110; 8700.3120; 8700.3200; 8700.3300; 8700.3400; 8700.3500; 8700.3510; 8700.3600; 8700.3700; 8700.3810; 8700.3900; 8700.4000; 8700.4100; 8700.4300; 8700.4400; 8700.4500; 8700.4600; 8700.4710; 8700.4800; 8700.4901; 8700.4902; 8700.5100; 8700.5200; 8700.5300; 8700.5310; 8700.5311; 8700.5500; 8700.5501; 8700.5502; 8700.5503; 8700.5504; 8700.5505; 8700.5506; 8700.5507; 8700.5508; 8700.5509; 8700.5510; 8700.5511; 8700.5512; 8700.5800; 8700.6310; 8700.6900; 8700.7010; 8700.7700; 8700.7710; 8700.8000; 8700.8010; 8700.8020; 8700.8030; 8700.8040; 8700.8050; 8700.8060; 8700.8070; 8700.8080; 8700.8090; 8700.8110; 8700.8120; 8700.8130; 8700.8140; 8700.8150; 8700.8160; 8700.8170; 8700.8180; 8700.8190; 8750.0200; 8750.0220; 8750.0240; 8750.0260; 8750.0300; 8750.0320; 8750.0330; 8750.0350; 8750.0370; 8750.0390; 8750.0410; 8750.0430; 8750.0460; 8750.0500; 8750.0520; 8750.0600; 8750.0620; 8750.0700; 8750.0720; 8750.0740; 8750.0760; 8750.0780; 8750.0800; 8750.0820; 8750.0840; 8750.0860; 8750.0880; 8750.0890; 8750.0900; 8750.0920; 8750.1000; 8750.1100; 8750.1120; 8750.1200; 8750.1220; 8750.1240; 8750.1260; 8750.1280; 8750.1300; 8750.1320; 8750.1340; 8750.1360; 8750.1380; 8750.1400; 8750.1420; 8750.1440; 8750.1500; 8750.1520; 8750.1540; 8750.1560; 8750.1580; 8750.1600; 8750.1700; 8750.1800; 8750.1820; 8750.1840; 8750.1860; 8750.1880; 8750.1900; 8750.1920; 8750.1930; 8750.1940; 8750.1960; 8750.1980; 8750.2000; 8750.2020; 8750.2040; 8750.2060; 8750.2080; 8750.2100; 8750.2120; 8750.2140; 8750.4000; 8750.4100; 8750.4200; 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 8750.9600; and 8750.9700, are repealed.
(e) Minnesota Rules, parts 3510.0100; 3510.0200; 3510.0400; 3510.0500; 3510.0600; 3510.0800; 3510.1100; 3510.1200; 3510.1300; 3510.1400; 3510.1500; 3510.1600; 3510.2800; 3510.2900; 3510.3000; 3510.3200; 3510.3400; 3510.3500; 3510.3600; 3510.3700; 3510.3800; 3510.7200; 3510.7300; 3510.7400; 3510.7500; 3510.7600; 3510.7700; 3510.7900; 3510.8000; 3510.8500; 3510.8600; 3510.8700; 3510.9000; 3510.9100; 3517.0100; and 3517.0120, are repealed.
Sec. 14. Laws 1993, chapter 224, article 12, section 41, is amended to read:
Sec. 41. [EFFECTIVE DATE.]
Sections 22 to 25 are effective July 1, 1995.
Section 32, paragraph (b), is effective July 1, 1995. Section 32, paragraph (c), is effective August 1, 1996.
Section 39, paragraph (b), is effective August 1, 1994. Section 39, paragraph (c), is effective July 1, 1995. Section 39, paragraph (d), is effective August 1, 1996. Section 39, paragraph (e), is effective July 1, 1996.
Sec. 15. Laws 1994, chapter 647, article 7, section 15, is amended to read:
Sec. 15. [TEACHER PREPARATION CURRICULUM.]
(a) Consistent with Laws 1993, chapter 224, article 12, section
34, the state board of teaching, with the assistance of
organizations representing diverse cultures, the state
American Indian education committee, shall decide whether
or not to include in the curriculum for preparing all
beginning elementary and social studies teachers a
study of anthropology that encompasses a study of the indigenous
people of the midwest, and a study of the history
of the indigenous people that encompasses a study of the
Minnesota area in precolonial times through the twentieth
century, government, and culture of Minnesota based
American Indian tribes.
(b) Consistent with Laws 1993, chapter 224, article 12, section 34, the state board of teaching shall ensure that the human relations curriculum of all teacher preparation programs includes components of American Indian language, history, government, and culture.
Sec. 16. [RETIREMENT INCENTIVE.]
(a) For the 1995-1996 and 1996-1997 school years only, a school board may offer early retirement incentives to licensed and nonlicensed staff of the school district who are under the age of 65. The early retirement incentive that the board may offer is the employer payment of the premiums for continued health insurance coverage under paragraph (b). This incentive may only be offered to employees who agree to terminate active employment with the school district. The board must determine the staff to whom the incentive is offered. Unilateral implementation of this section by a school board is not an unfair labor practice under Minnesota Statutes, chapter 179A.
(b) The board may offer a former employee who is at least age 50 continued employer-paid individual or dependent health insurance coverage. To be eligible for employer-paid health insurance under this section, the former employee must agree not to return to work in any capacity for the district that will provide the insurance coverage or any other district, except as a substitute teacher. Coverage may not extend beyond the age of 65 or the end of the first month in which the employee is eligible for employer-paid health insurance coverage from a new employer. For purposes of this section, "employer-paid health insurance coverage" means medical, hospitalization, or health insurance coverage provided through an insurance company that is licensed to do business in the state. The amount of the payment under this section shall be as agreed between the employee and the school board.
Sec. 17. [PPST TASK FORCE.]
The board of teaching shall convene a task force to consider authentic and qualitative assessments for teachers and alternative processes by which the skills examination requirement under Minnesota Statutes, section 125.05, subdivision 1a, might be met for persons who fail the examination. The board shall present their recommendations to the education committees of the legislature by February 15, 1996.
Sec. 18. [SARTELL CAPITAL LOAN.]
Notwithstanding any law to the contrary, the board of independent school district No. 748, Sartell, may, by resolution, raise the level of indebtedness of the district by an amount equal to the outstanding capital loan on June 30, 1995. This indebtedness may only be used to refund the loan. This does not constitute an impairment of any obligations issued by the district prior to the enactment of this act.
Sec. 19. [UNRECOVERED RAILROAD AID.]
Unrecovered railroad aid payments pursuant to Laws 1984, chapter 502, article 9, section 5, shall be adjusted from the school district's aid in fiscal year 1997. If the aid reduction required by this section cannot be made to the aid for fiscal year 1997, the reduction must be made from aid for subsequent fiscal years.
Sec. 20. [FUND TRANSFERS.]
Subdivision 1. [CONDITIONS.] (a) A district that transfers revenue from a health and safety account or a disabled access account may not, at a later date, receive health and safety revenue or disabled access revenue for the same project as the project for which the transferred revenue was received. The transfer request must identify the project that generated the balance to be transferred.
(b) Disabled access revenue that is transferred according to this section is included in the district's disabled access revenue limit established in Minnesota Statutes, section 124.84, subdivision 3.
(c) Amounts transferred from the health and safety account according to this section shall be considered to be approved health and safety expenditures for the purpose of computing a district's health and safety revenue according to Minnesota Statutes, section 124.83, subdivision 3.
(d) A district that transfers funds from its bus purchase account according to this section may not certify a bus purchase levy according to Minnesota Statutes, section 124.226, subdivision 6, for the next three years following the transfer.
(e) Fund transfers authorized in this section that involve transferring funds in a disabled access account or a health and safety account may be made by the district only after the commissioner has approved the five-year facilities plan that the district is required to prepare according to Minnesota Statutes, section 124.243, subdivision 1.
Subd. 2. [PELICAN RAPIDS.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 548, Pelican Rapids, may permanently transfer an amount not to exceed $200,000 from its general fund to its capital expenditure fund.
Subd. 3. [PINE RIVER-BACKUS.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 2174, Pine River-Backus, may permanently transfer an amount not to exceed $200,000 from its general fund to its capital expenditure fund.
Subd. 4. [DETROIT LAKES.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 22, Detroit Lakes, may permanently transfer an amount not to exceed $325,000 from its general fund to its capital expenditure fund for acquiring computers and related technology needs.
Subd. 5. [ST. CLOUD.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, each year for fiscal years 1996, 1997, 1998, and 1999, independent school district No. 742, St. Cloud, may permanently transfer up to $500,000 of referendum revenue received under Minnesota Statutes, section 124A.03, from its general fund to its capital expenditure fund for purchasing technology for instructional use.
Subd. 6. [LITTLE FALLS.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, each year for fiscal years 1996 through 2005, independent school district No. 482, Little Falls, may permanently transfer up to $233 per actual pupil unit of referendum revenue received under Minnesota Statutes, section 124A.03, from its general fund to its capital expenditure fund.
Subd. 7. [MILACA.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, each year for fiscal years 1996 through 2005, independent school district No. 912, Milaca, may permanently transfer up to $200 per actual pupil unit of referendum revenue received under Minnesota Statutes, section 124A.03, from its general fund to its capital expenditure fund for technology.
Subd. 8. [RUSH CITY.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 139, Rush City, may permanently transfer up to $100,000 from its transportation fund to its capital expenditure fund.
Subd. 9. [MENTOR.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 604, Mentor, may permanently transfer up to $160,000 from the facilities account in its capital expenditure fund to its general fund.
Subd. 10. [GRANADA-HUNTLEY-EAST CHAIN.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 2536, Granada-Huntley-East Chain, may permanently transfer up to $100,000 from the facilities and equipment accounts in its capital expenditure fund to its general fund.
Subd. 11. [CHATFIELD.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 277, Chatfield, may permanently transfer up to $50,000 from the facilities account to the equipment account in its capital expenditure fund.
Subd. 12. [MEDFORD.] Notwithstanding Minnesota Statutes, sections 121.912, 121.9121, and 123.36, subdivision 13, independent school district No. 763, Medford, may deposit the proceeds from a sale of approximately nine acres of land adjacent to and east of its football/baseball complex in Medford into its general fund.
Subd. 13. [EAST GRAND FORKS.] Notwithstanding Minnesota Statutes, section 124.243, subdivision 6, clause (2), in fiscal years 1995 and 1996, independent school district No. 595, East Grand Forks, may use up to $1,400,000 in capital expenditure facilities revenue to acquire and construct buildings for school purposes.
Subd. 14. [BYRON.] Notwithstanding Minnesota Statutes, section 121.912, subdivision 1, if independent school district No. 531, Byron, discontinues operation of its bus fleet, or a portion of the fleet, and transfers the account balance from the transportation fund, the district may spread the required levy reduction for capital levies according to Minnesota Statutes, sections 124.243, 124.244 and 124.83, over a five-year period beginning with 1995 levies payable in 1996.
Subd. 15. [SWANVILLE.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 486, Swanville, may permanently transfer up to $100,000 from the bus purchase account to its general fund without making a levy reduction.
Subd. 16. [TRUMAN.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 458, Truman, may permanently transfer up to $77,000 from the bus purchase account in its transportation fund to its general fund without making a levy reduction.
Subd. 17. [MONTEVIDEO.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 129, Montevideo, may permanently transfer up to $100,000 from the bus purchase account in its transportation fund to its general fund without making a levy reduction.
Subd. 18. [EDINA.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 273, Edina, may permanently transfer up to $482,432 from the bus purchase account to the undesignated fund balance account in its transportation fund.
Subd. 19. [GARY.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, independent school district No. 523, Gary, may permanently transfer the balance in its bonded indebtedness fund and the disabled access account in its capital expenditure fund to the general fund of the successor school district of independent school district Nos. 526, Twin Valley, and 523, Gary.
Subd. 20. [TWIN VALLEY.] Notwithstanding Minnesota Statutes, sections 121.912, 121.9121, 124.243, subdivision 8, independent school district No. 526, Twin Valley, may permanently transfer the balances in its health and safety account and its disabled access account in the capital expenditure fund to the general fund of the successor school district of independent school district Nos. 526, Twin Valley, and 523, Gary.
Subd. 21. [FISHER.] Notwithstanding Minnesota Statutes, section 124.83, subdivision 6, or 124.84, independent school district No. 600, Fisher, may use capital expenditure health and safety revenue or disabled access revenue, or both, to purchase portable classrooms. Any proceeds from the sale of portable classrooms purchased with the revenue shall be placed in the appropriate account in the capital expenditure fund and used to adjust revenue in that account.
Subd. 22. [NEW PRAGUE.] Notwithstanding Minnesota Statutes, section 121.912, on June 30, 1995, independent school district No. 721, New Prague, may permanently transfer up to $70,000 from its general fund to its capital expenditure fund.
Subd. 23. [GLENCOE.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 422, Glencoe, may permanently transfer up to $125,000 from its debt redemption fund to its capital expenditure fund without making a levy reduction.
Subd. 24. [PIPESTONE.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 583, Pipestone, may permanently transfer up to $190,000 from its debt redemption fund to its capital expenditure fund without making a levy reduction.
Subd. 25. [HERMAN-NORCROSS.] Notwithstanding Minnesota Statutes, sections 121.912 and 121.9121, on June 30, 1995, independent school district No. 264, Herman-Norcross, may permanently transfer up to $73,000 from the bus purchase account to the general fund without making a levy reduction.
Sec. 21. [GOODRIDGE HEALTH AND SAFETY REVENUE USE.]
Notwithstanding Minnesota Statutes, section 124.83, subdivision 6, independent school district No. 561, Goodridge, may use capital health and safety revenue to purchase portable classrooms. Any proceeds from the subsequent sale of portable classrooms purchased with health and safety revenue shall be placed in the district's health and safety account in the capital fund and shall be used to adjust health and safety revenue.
Sec. 22. [ADULT BASIC EDUCATION LICENSE.]
Notwithstanding other law or rule, the board of teaching must continue to make available an adult basic education license for teachers of adult basic education.
Sec. 23. [APPROPRIATIONS.]
Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums in this section are appropriated, unless otherwise indicated, from the general fund to the department of education for the fiscal years designated.
Subd. 2. [ABATEMENT AID.] For abatement aid according to Minnesota Statutes, section 124.214:
$24,241,000 ..... 1996
$7,905,000 ..... 1997
The 1996 appropriation includes $1,135,000 for 1995 and $23,106,000 for 1996.
The 1997 appropriation includes $4,077,000 for 1996 and $3,828,000 for 1997.
Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil education aid according to Minnesota Statutes, sections 123.79 and 123.931 to 123.947:
$ 9,686,000 ..... 1996
$ 9,686,000 ..... 1997
The 1996 appropriation includes $1,452,000 for 1995 and $8,234,000 for 1996.
The 1997 appropriation includes $1,452,000 for 1996 and $8,234,000 for 1997.
Subd. 4. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For school lunch aid according to Minnesota Statutes, section 124.646, and Code of Federal Regulations, title 7, section 210.17, and for food storage and transportation costs for United States Department of Agriculture donated commodities; and for a temporary transfer to the commodity processing revolving fund to provide cash flow to permit schools and other recipients of donated commodities to take advantage of volume processing rates and for school milk aid according to Minnesota Statutes, section 124.648:
$7,300,000 ..... 1996
$7,400,000 ..... 1997
(b) Any unexpended balance remaining from the appropriations in this subdivision shall be prorated among participating schools based on the number of free, reduced, and fully paid federally reimbursable student lunches served during that school year.
(c) If the appropriation amount attributable to either year is insufficient, the rate of payment for each fully paid student lunch shall be reduced and the aid for that year shall be prorated among participating schools so as not to exceed the total authorized appropriation for that year.
(d) Any temporary transfer processed in accordance with this subdivision to the commodity processing fund will be returned by June 30 in each year so that school lunch aid and food storage costs can be fully paid as scheduled.
(e) Not more than $800,000 of the amount appropriated each year may be used for school milk aid.
Subd. 5. [SUMMER FOOD SERVICE.] For summer food service:
$15,000 ..... 1996
$15,000 ..... 1997
Subd. 6. [SCHOOL BREAKFAST.] To operate the school breakfast program:
$419,000 ..... 1996
$456,000 ..... 1997
If the appropriation amount attributable to either year is insufficient, the rate of payment for each fully paid student breakfast shall be reduced and the aid for that year shall be prorated among participating schools so as not to exceed the total authorized appropriation for that year. Any unexpected balance remaining shall be used to subsidize the payments made for school lunch aid per Minnesota Statutes, section 124.646.
Up to one percent of the program funding can be used by the department of education for technical and administrative assistance.
Subd. 7. [PILOT BREAKFAST GRANTS.] For grants for free breakfast to elementary school children which began under Laws 1994, chapter 647, article 8, section 35:
$104,000 ..... 1996
$ 88,000 ..... 1997
$18,000 in 1996 is for evaluation of the program.
Any balance in the first year does not cancel but is available in the second year.
These grants must be made to independent school districts No. 271, Bloomington, for the Oak Grove elementary school; 378, Dawson-Boyd, for the elementary school; 402, Hendricks, and 403, Ivanhoe, for the elementary school; and special school district No. 1, Minneapolis, for the Hans Christian Anderson elementary school.
The department is encouraged to solicit private funds to continue the two additional pilot sites added in December 1994.
Subd. 8. [DESEGREGATION OFFICE-MDE.] For desegregation office-MDE aid:
$129,000 ..... 1996
$129,000 ..... 1997
Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and program grants:
$1,500,000 ..... 1996
$1,500,000 ..... 1997
These amounts must be used for planning and developing magnet schools and magnet programs.
Subd. 10. [INTEGRATION PROGRAMS.] For grants according to: minority fellowship grants according to Laws 1994, chapter 647, article 8, section 29; minority teacher incentives according to Minnesota Statutes, section 124.278; teachers of color grants according to Minnesota Statutes, section 125.623; and cultural exchange grants according to Minnesota Statutes, section 126.43:
$1,000,000 ..... 1996
$1,000,000 ..... 1997
Any balance in the first year does not cancel but is available in the second year.
In awarding teacher of color grants, priority must be given to districts that have students who are currently in the process of completing their academic program.
Subd. 11. [TEACHER EDUCATION IMPROVEMENT.] For board of teaching responsibilities relating to teacher licensure restructuring and implementation of the teaching residency program:
$300,000 ..... 1996
$300,000 ..... 1997
The department must transmit this appropriation to the board of teaching. Any balance in the first year does not cancel but is available in the second year.
Subd. 12. [MN ENABL; MALE RESPONSIBILITY.] For MN ENABL and male responsibility grants:
$500,000 ..... 1996
$250,000 ..... 1997
$250,000 the first year is for the Minnesota education now and babies later (MNENABL) program. $250,000 each year is for male responsibility and fathering grants.
The commissioner of education may enter into cooperative agreements with the commissioner of human services to access federal money for child support and paternity education programs.
Subd. 13. [ITV GRANT; FLOODWOOD.] For a grant to independent school district No. 698, Floodwood:
$125,000 ..... 1996
This appropriation is available until June 30, 1997.
The grant must be used to construct an interactive television transmission line and an electronic data access line. This appropriation is only available to the extent it is matched by the district with local and nonlocal sources. The district may levy up to $50,000 to provide its share of local sources. School district No. 698, Floodwood, is not eligible for a minimum connection grant under Minnesota Statutes, section 124C.74.
Subd. 14. [ITV GRANT; CROMWELL.] For a grant to independent school district No. 95, Cromwell:
$125,000 ..... 1996
This appropriation is available until June 30, 1997.
The grant must be used to construct an interactive television transmission line and an electronic data access line. This appropriation is only available to the extent it is matched by the district with local and nonlocal sources. The district may levy up to $50,000 to provide its share of local sources. School district No. 95, Cromwell, is not eligible for a minimum connection grant under Minnesota Statutes, section 124C.74. The appropriation and levy authorized in this subdivision are reduced by any amounts received according to Laws 1994, chapter 647, article 6, section 41, subdivision 8. School district No. 95, Cromwell, is not eligible for a minimum connection grant under Minnesota Statutes, section 124C.74.
Subd. 15. [NETT LAKE.] For grants to independent school district No. 707, Nett Lake:
$62,000 ..... 1996
$62,000 ..... 1997
$32,000 in 1996 and $32,000 in 1997 are for grants to independent school district No. 707, Nett Lake, to pay insurance premiums under Minnesota Statutes, section 466.06.
$30,000 in 1996 and $30,000 in 1997 are for grants to independent school district No. 707, Nett Lake, for the payment of obligations of the school district for unemployment compensation. The appropriation must be paid to the appropriate state agency for such purposes in the name of the school district.
Subd. 16. [MODEL SCHOOL FOR CHRONIC TRUANTS.] For the model school for truants located in the law enforcement center in Mankato:
$15,000 ..... 1996
$15,000 ..... 1997
Subd. 17. [ONE ROOM SCHOOLHOUSE.] For a grant to independent school district No. 690, Warroad, to operate the Angle Inlet School:
$15,000 ..... 1996
$15,000 ..... 1997
Subd. 18. [PSEO REPLACEMENT AID.] For PSEO replacement aid:
$104,000 ..... 1996
$122,000 ..... 1997
The 1996 appropriation includes $0 for 1995 and $104,000 for 1996.
The 1997 appropriation includes $19,000 for 1996 and $103,000 for 1997.
Subd. 19. [AQUILA COMMUNITY TOGETHER PROJECT.] For a grant to independent school district No. 283, St. Louis Park, for the Aquila community together project:
$50,000 ..... 1996
This appropriation must be matched from nonstate sources.
Subd. 20. [NEW MOON GIRLS PROGRAM.] For a grant to an organization for girls to develop a curriculum to educate school-aged children in Minnesota on the role of women and children around the world:
$20,000 ..... 1996
The commissioner of education shall consult with the legislative commission on the economic status of women in awarding the grant. The curriculum will be used to provide instruction on the purpose and experience of the fourth united nations conference on women in Beijing, China, and will be designed to explore educational opportunities, family structures, customs, and health and safety issues for children around the world. This appropriation is available until June 30, 1997.
Sec. 24. [REPEALER.]
Minnesota Statutes 1994, section 124.912, subdivision 8, is repealed effective for revenue for fiscal year 1997.
Laws 1992, chapter 499, article 7, section 27, is repealed.
Minnesota Statutes 1994, section 124.914, subdivisions 2, 3, and 4; and Laws 1992, chapter 499, article 7, sections 16 and 17, are repealed.
Sec. 25. [EFFECTIVE DATES.]
Sections 20, 21, and 18 are effective the day following final enactment.
Section 11 is effective July 1, 1997, if the governing body of the city of Saint Paul and the governing body of independent school district No. 625 have approved it and complied with Minnesota Statutes, section 645.021, subdivision 3, before January 1, 1996. Section 12 does not abrogate language that references city of St. Paul civil service rules in bargaining unit agreements in existence on March 31, 1995.
Section 1. Minnesota Statutes 1994, section 13.43, subdivision 2, is amended to read:
Subd. 2. [PUBLIC DATA.] (a) Except for employees described in
subdivision 5, the following personnel data on current and former
employees, volunteers, and independent contractors of a state
agency, statewide system, or political subdivision and members of
advisory boards or commissions is public: name; actual gross
salary; salary range; contract fees; actual gross pension; the
value and nature of employer paid fringe benefits; the basis for
and the amount of any added remuneration, including expense
reimbursement, in addition to salary; job title; job description;
education and training background; previous work experience; date
of first and last employment; the existence and status of any
complaints or charges against the employee, whether or not the
complaint or charge resulted in a disciplinary action; the final
disposition of any disciplinary action together with the specific
reasons for the action and data documenting the basis of the
action, excluding data that would identify confidential sources
who are employees of the public body; the terms of any agreement
settling any dispute arising out of the an
employment relationship or of a buyout agreement, as defined
in section 123.34, subdivision 9a, paragraph (a); work
location; a work telephone number; badge number; honors and
awards received; payroll time sheets or other comparable data
that are only used to account for employee's work time for
payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or
other medical leave or other not public data; and city and county
of residence.
(b) For purposes of this subdivision, a final disposition occurs when the state agency, statewide system, or political subdivision makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the state agency, statewide system, political subdivision, or arbitrator.
(c) The state agency, statewide system, or political subdivision may display a photograph of a current or former employee to a prospective witness as part of the state agency's, statewide system's, or political subdivision's investigation of any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a state agency, statewide system, or political subdivision in connection with a complaint or charge against an employee.
Sec. 2. Minnesota Statutes 1994, section 120.064, is amended to read:
120.064 [OUTCOME-BASED RESULTS-ORIENTED CHARTER
SCHOOLS.]
Subdivision 1. [PURPOSES.] (a) The purpose of this section is to:
(1) improve pupil learning;
(2) increase learning opportunities for pupils;
(3) encourage the use of different and innovative teaching methods;
(4) require the measurement of learning outcomes and create different and innovative forms of measuring outcomes;
(5) establish new forms of accountability for schools; or
(6) create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site.
(b) This section does not provide a means to keep open a school
that otherwise would be closed. Applicants in these
circumstances bear the burden of proving that conversion to an
outcome-based a charter school fulfills a purpose
specified in this subdivision, independent of the school's
closing.
Subd. 2. [APPLICABILITY.] This section applies only to
outcome-based charter schools formed and operated
under this section.
Subd. 3. [SPONSOR.] A school board, community college,
state university, technical college, or the University of
Minnesota may sponsor one or more outcome-based
charter schools.
A school board may authorize a maximum of five outcome-based
schools.
No more than a total of 35 outcome-based 40
charter schools may be authorized not more than three of
which may be sponsored by public post-secondary institutions.
The state board of education shall advise potential sponsors when
the maximum number of outcome-based charter schools
has been authorized.
Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may authorize
one or more licensed teachers under section 125.05, subdivision
1, to operate an outcome-based a charter school
subject to approval by the state board of education. If a school
board elects not to sponsor an outcome-based a
charter school, the applicant may appeal the school board's
decision to the state board of education if two members of the
school board voted to sponsor the school. If the state board
authorizes the school, the state board shall sponsor the school
according to this section. The school shall be organized and
operated as a cooperative under chapter 308A or nonprofit
corporation under chapter 317A.
(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the state board of education
stating its intent to authorize an outcome-based a
charter school. The affidavit must state the terms and
conditions under which the sponsor would authorize an
outcome-based a charter school. The state board must
approve or disapprove the sponsor's proposed authorization within
30 60 days of receipt of the affidavit. Failure to
obtain state board approval precludes a sponsor from authorizing
the outcome-based charter school that was the
subject of the affidavit.
(c) The operators authorized to organize and operate a school shall hold an election for members of the school's board of directors in a timely manner after the school is operating. Any staff members who are employed at the school, including teachers providing instruction under a contract with a cooperative, and all parents of children enrolled in the school may participate in the election. Licensed teachers employed at the school, including teachers providing instruction under a contract with a cooperative, must be a majority of the members of the board of directors. A provisional board may operate before the election of the school's board of directors. Board of director meetings must comply with section 471.705.
(d) The granting or renewal of a charter by a sponsoring entity shall not be conditioned upon the bargaining unit status of the employees of the school.
Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] A school board may
convert one or more of its existing schools to
outcome-based charter schools under this section if
90 percent of the full-time teachers at the school sign a
petition seeking conversion. The conversion must occur at the
beginning of an academic year.
Subd. 5. [CONTRACT.] The sponsor's authorization for an
outcome-based a charter school shall be in the form of
a written contract signed by the sponsor and the board of
directors of the outcome-based charter school. The
contract for an outcome-based a charter school
shall be in writing and contain at least the following:
(1) a description of a program that carries out one or more of the purposes in subdivision 1;
(2) specific outcomes pupils are to achieve under subdivision 10;
(3) admission policies and procedures;
(4) management and administration of the school;
(5) requirements and procedures for program and financial audits;
(6) how the school will comply with subdivisions 8, 13, 15, and 21;
(7) assumption of liability by the outcome-based
charter school;
(8) types and amounts of insurance coverage to be obtained by
the outcome-based charter school; and
(9) the term of the contract, which may be up to three years.
Subd. 7. [PUBLIC STATUS; EXEMPTION FROM STATUTES AND
RULES.] A charter school is a public school and is part of the
state's system of public education. Except as provided in
this section, an outcome-based a charter school is
exempt from all statutes and rules applicable to a school,
a school board, or a school district, although it
may elect to comply with one or more provisions of statutes or
rules.
Subd. 8. [REQUIREMENTS.] (a) An outcome-based A
charter school shall meet all applicable state and local
health and safety requirements.
(b) The school must be located in the sponsoring district,
unless another school board agrees to locate an
outcome-based a charter school sponsored by another
district in its boundaries. If a school board denies a request to
locate within its boundaries an outcome-based a
charter school sponsored by another district, the sponsoring
district may appeal to the state board of education. If the
state board authorizes the school, the state board shall sponsor
the school.
(c) The A charter school must be nonsectarian in
its programs, admission policies, employment practices, and all
other operations. A sponsor may not authorize an
outcome-based a charter school or program that is
affiliated with a nonpublic sectarian school or a religious
institution.
(d) Charter schools shall not be used as a method of providing education or generating revenue for students who are being home schooled.
(e) The primary focus of the a charter
school must be to provide a comprehensive program of instruction
for at least one grade or age group from five through 18 years of
age. Instruction may be provided to people younger than five
years and older than 18 years of age.
(e) The (f) A charter school may not charge
tuition.
(f) The (g) A charter school is subject to and
shall comply with chapter 363 and section 126.21.
(g) The (h) A charter school is subject to and
shall comply with the pupil fair dismissal act, sections 127.26
to 127.39, and the Minnesota public school fee law, sections
120.71 to 120.76.
(h) The (i) A charter school is subject to the
same financial audits, audit procedures, and audit requirements
as a school district. The audit must be consistent with the
requirements of sections 121.904 to 121.917, except to the extent
deviations are necessary because of the program at the school.
The department of education, state auditor, or legislative
auditor may conduct financial, program, or compliance audits.
(i) The (j) A charter school is a school district
for the purposes of tort liability under chapter 466.
Subd. 9. [ADMISSION REQUIREMENTS.] The A charter
school may limit admission to:
(1) pupils within an age group or grade level;
(2) people who are eligible to participate in the high school graduation incentives program under section 126.22; or
(3) residents of a specific geographic area where the percentage of the population of non-Caucasian people of that area is greater than the percentage of the non-Caucasian population in the congressional district in which the geographic area is located, and as long as the school reflects the racial and ethnic diversity of the specific area.
The A charter school shall enroll an eligible
pupil who submits a timely application, unless the number of
applications exceeds the capacity of a program, class, grade
level, or building. In this case, pupils shall be accepted by
lot.
The A charter school may not limit admission to
pupils on the basis of intellectual ability, measures of
achievement or aptitude, or athletic ability.
Subd. 10. [PUPIL PERFORMANCE.] An outcome-based A
charter school must design its programs to at least meet the
outcomes adopted by the state board of education. In the absence
of state board requirements, the school must meet the outcomes
contained in the contract with the sponsor. The achievement
levels of the outcomes contained in the contract may exceed the
achievement levels of any outcomes adopted by the state board.
Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] The
A charter school shall employ or contract with necessary
teachers, as defined by section 125.03, subdivision 1, who hold
valid licenses to perform the particular service for which they
are employed in the school. The school may employ necessary
employees who are not required to hold teaching licenses to
perform duties other than teaching and may contract for other
services. The school may discharge teachers and nonlicensed
employees.
The board of directors also shall decide matters related to the operation of the school, including budgeting, curriculum and operating procedures.
Subd. 12. [PUPILS WITH A DISABILITY.] The A
charter school must comply with sections 120.03 and 120.17
and rules relating to the education of pupils with a disability
as though it were a school district.
Subd. 13. [LENGTH OF SCHOOL YEAR.] An outcome-based
A charter school shall provide instruction each year for
at least the number of days required by section 120.101,
subdivision 5. It may provide instruction throughout the year
according to sections 120.59 to 120.67 or 121.585.
Subd. 14. [REPORTS.] An outcome-based A charter
school must report at least annually to its sponsor and the state
board of education the information required by the sponsor or the
state board. The reports are public data under chapter 13.
Subd. 15. [TRANSPORTATION.] (a) By July 1 of each year, a charter school shall notify the district in which the school is located and the department of education if it will provide transportation for pupils enrolled at the school for the fiscal year.
(b) If a charter school elects to provide transportation for pupils, the transportation shall be provided by the charter school within the district in which the charter school is located. The state shall pay transportation aid to the charter school according to section 124.248, subdivision 1a.
For pupils who reside outside the district in which the charter school is located, the charter school is not required to provide or pay for transportation between the pupil's residence and the border of the district in which the charter school is located. A parent may be reimbursed by the charter school for costs of transportation from the pupil's residence to the border of the district in which the charter school is located if the pupil is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week.
At the time a pupil enrolls in a charter school, the charter school shall provide the parent or guardian with information regarding the transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at
a the school shall be provided by the district in
which the school is located, according to sections 120.062,
subdivision 9, and 123.39, subdivision 6, for a pupil residing in
the same district in which the outcome-based
charter school is located. Transportation may be provided
by the district in which the school is located, according to
sections 120.062, subdivision 9, and 123.39, subdivision 6, for a
pupil residing in a different district.
Subd. 16. [LEASED SPACE.] The A charter school
may lease space from a board eligible to be a sponsor or other
public or private nonprofit nonsectarian organization. If a
charter school is unable to lease appropriate space from
an eligible board or other public or private nonprofit
nonsectarian organization, the school may lease space from
another nonsectarian organization if the department of education,
in consultation with the department of administration, approves
the lease. If the school is unable to lease appropriate space
from public or private nonsectarian organizations, the school may
lease space from a sectarian organization if the leased space is
constructed as a school facility and the department of education,
in consultation with the department of administration, approves
the lease.
Subd. 17. [INITIAL COSTS.] A sponsor may authorize a charter school before the applicant has secured its space, equipment, facilities, and personnel if the applicant indicates the authority is necessary for it to raise working capital. A sponsor may not authorize a school before the state board of education has approved the authorization.
Subd. 18. [DISSEMINATE INFORMATION.] The sponsor, the
operators, and the department of education must disseminate
information to the public on how to form and operate an
outcome-based a charter school and how to utilize the
offerings of an outcome-based a charter school.
Particular groups to be targeted include low-income families and
communities, and students of color.
Subd. 19. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a
teacher employed by a school district makes a written request for
an extended leave of absence to teach at an outcome-based
a charter school, the school district must grant the
leave. The school district must grant a leave for any number of
years requested by the teacher, and must extend the leave at the
teacher's request. The school district may require that the
request for a leave or extension of leave be made up to 90 days
before the teacher would otherwise have to report for duty.
Except as otherwise provided in this subdivision and except for
section 125.60, subdivision 6a, the leave is governed by section
125.60, including, but not limited to, reinstatement, notice of
intention to return, seniority, salary, and insurance.
During a leave, the teacher may continue to aggregate benefits and credits in the teachers' retirement association account by paying both the employer and employee contributions based upon the annual salary of the teacher for the last full pay period before the leave began. The retirement association may impose reasonable requirements to efficiently administer this subdivision.
Subd. 20. [COLLECTIVE BARGAINING.] Employees of the board of
directors of the a charter school may, if otherwise
eligible, organize under chapter 179A and comply with its
provisions. The board of directors of the a
charter school is a public employer, for the purposes of
chapter 179A, upon formation of one or more bargaining units at
the school. Bargaining units at the school are shall
be separate from any other units within the sponsoring
district, except that bargaining units may remain part of the
appropriate unit within the sponsoring district, if the employees
of the school, the board of directors of the school, the
exclusive representative of the appropriate unit in the
sponsoring district, and the board of the sponsoring district
agree to include the employees in the appropriate unit of the
sponsoring district.
Subd. 20a. [TEACHERS RETIREMENT.] Teachers in a charter school shall be public school teachers for the purposes of chapters 354 and 354a.
Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The duration of the contract with a sponsor shall be for the term contained in the contract according to subdivision 5. The sponsor may or may not renew a contract at the end of the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a contract during the term of the contract for any ground listed in paragraph (b). At least 60 days before not renewing or terminating a contract, the sponsor shall notify the board of directors of the charter school of the proposed action in writing. The notice shall state the grounds for the proposed action in reasonable detail and that the charter school's board of directors may request in writing an informal hearing before the sponsor within 14 days of receiving notice of nonrenewal or termination of the contract. Failure by the board of directors to make a written request for a hearing within the 14-day period shall be treated as acquiescence to the proposed action. Upon receiving a timely written request for a hearing, the sponsor shall give reasonable notice to the charter school's board of directors of the hearing date. The sponsor shall conduct an informal hearing before taking final action. The sponsor shall take final action to renew or not renew a contract by the last day of classes in the school year. If the sponsor is a local school board, the school's board of directors may appeal the sponsor's decision to the state board of education.
(b) A contract may be terminated or not renewed upon any of the following grounds:
(1) failure to meet the requirements for pupil performance contained in the contract;
(2) failure to meet generally accepted standards of fiscal management;
(3) for violations of law; or
(4) other good cause shown.
If a contract is terminated or not renewed, the school shall be dissolved according to the applicable provisions of chapter 308A or 317A.
Subd. 22. [PUPIL ENROLLMENT.] If a contract is not renewed or is terminated according to subdivision 21, a pupil who attended the school, siblings of the pupil, or another pupil who resides in the same place as the pupil may enroll in the resident district or may submit an application to a nonresident district according to section 120.062 at any time. Applications and notices required by section 120.062 shall be processed and provided in a prompt manner. The application and notice deadlines in section 120.062 do not apply under these circumstances.
Subd. 23. [GENERAL AUTHORITY.] The board of directors of an
outcome-based a charter school may sue and be sued.
The board may not levy taxes or issue bonds.
Subd. 24. [IMMUNITY.] The state board of education, members of
the state board, a sponsor, members of the board of a sponsor in
their official capacity, and employees of a sponsor are immune
from civil or criminal liability with respect to all activities
related to an outcome-based a charter school they
approve or sponsor. The board of directors shall obtain at least
the amount of and types of insurance required by the contract,
according to subdivision 5.
Sec. 3. Minnesota Statutes 1994, section 120.101, is amended by adding a subdivision to read:
Subd. 5a. [CHILDREN UNDER SEVEN.] Once a pupil under the age of seven is enrolled in kindergarten or a higher grade in a public school, the pupil is subject to the compulsory attendance provisions of this chapter and section 127.20, unless the school board of the district in which the pupil is enrolled has a policy that exempts children under seven from this subdivision.
In a school district in which children under seven are subject to compulsory attendance under this subdivision, paragraphs (a) to (c) apply.
(a) A parent or guardian may withdraw the pupil from enrollment in the school for good cause by notifying the school district. Good cause includes, but is not limited to, enrollment of the pupil in another school, as defined in subdivision 4, or the immaturity of the child.
(b) When the pupil enrolls, the enrolling official must provide the parent or guardian who enrolls the pupil with a written explanation of the provisions of this subdivision.
(c) A pupil under the age of seven who is withdrawn from enrollment in the public school under paragraph (a) is no longer subject to the compulsory attendance provisions of this chapter.
In a school district that had adopted a policy to exempt children under seven from this subdivision, the school district's chief attendance officer must keep the truancy enforcement authorities supplied with a copy of the school board's current policy certified by the clerk of the school board.
Sec. 4. Minnesota Statutes 1994, section 120.101, subdivision 5c, is amended to read:
Subd. 5c. [EDUCATION RECORDS.] A school district from which a
student is transferring must transmit the student's educational
records, within ten business days of the date the student
withdraws a request, to the school district in which
the student is enrolling. School districts must make reasonable
efforts to determine the school district in which a transferring
student is next enrolling in order to comply with this
subdivision.
Sec. 5. Minnesota Statutes 1994, section 120.74, subdivision 1, is amended to read:
Subdivision 1. (a) A school board is not authorized to charge fees in the following areas:
(a) (1) textbooks, workbooks, art materials,
laboratory supplies, towels;
(b) (2) supplies necessary for participation in
any instructional course except as authorized in sections 120.73
and 120.75;
(c) (3) field trips which are required as a part
of a basic education program or course;
(d) (4) graduation caps, gowns, any specific form
of dress necessary for any educational program, and diplomas;
(e) (5) instructional costs for necessary school
personnel employed in any course or educational program required
for graduation;
(f) (6) library books required to be utilized for
any educational course or program;
(g) (7) admission fees, dues, or fees for any
activity the pupil is required to attend;
(h) (8) any admission or examination cost for any
required educational course or program;
(i) (9) locker rentals;
(j) (10) transportation of pupils (1)
(i) for which state transportation aid is authorized
pursuant to section 124.223 or (2) (ii) for which a
levy is authorized under section 124.226, subdivision 5.
(b) Notwithstanding paragraph (a), clauses (1) and (6), a school board may charge fees for textbooks, workbooks, and library books, lost or destroyed by students. The board must annually notify parents or guardians and students about its policy to charge a fee under this paragraph.
Sec. 6. Minnesota Statutes 1994, section 120.75, subdivision 1, is amended to read:
Subdivision 1. Prior to the initiation of any fee not
authorized or prohibited by sections 120.73 and 120.74, the local
school board shall hold a public hearing within the district upon
three weeks published notice in the district's official
newspaper. The local school board shall notify the
commissioner of any fee it proposes to initiate under this
section. If within 45 days of this notification, the
commissioner does not disapprove the proposed fee, the local
school board may initiate the proposed fee, or such notice
as is otherwise required for a regular school board meeting given
three weeks prior to the hearing on the proposed adoption of the
policy.
Sec. 7. Minnesota Statutes 1994, section 121.207, subdivision 2, is amended to read:
Subd. 2. [REPORTS; CONTENT.] On or before January 1, 1994, the commissioner of education, in consultation with the criminal and juvenile information policy group, shall develop a standardized form to be used by schools to report incidents involving the use or possession of a dangerous weapon in school zones. The form shall include the following information:
(1) a description of each incident, including a description of the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the incident occurred;
(3) information about the offender, other than the offender's name, including the offender's age; whether the offender was a student and, if so, where the offender attended school; and whether the offender was under school expulsion or suspension at the time of the incident;
(4) information about the victim other than the victim's name, if any, including the victim's age; whether the victim was a student and, if so, where the victim attended school; and if the victim was not a student, whether the victim was employed at the school;
(5) the cost of the incident to the school and to the victim; and
(6) the action taken by the school administration to respond to the incident.
The commissioner also shall develop an alternative reporting format that allows school districts to provide aggregate data, with an option to use computer technology to report the data.
Sec. 8. Minnesota Statutes 1994, section 121.207, subdivision 3, is amended to read:
Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and July 1 of each year, each school shall report incidents involving the use or possession of a dangerous weapon in school zones to the commissioner of education. The reports shall be made on the standardized forms or using the alternative format developed by the commissioner under subdivision 2. The commissioner shall compile the information it receives from the schools and report it annually to the commissioner of public safety, the criminal and juvenile information policy group, and the legislature.
Sec. 9. Minnesota Statutes 1994, section 121.931, is amended to read:
121.931 [STATE BOARD POWERS AND DUTIES INFORMATION
SYSTEM.]
Subdivision 1. [COMPONENTS; GOVERNANCE INFORMATION
SYSTEM.] The statewide elementary, secondary and
vocational education management department of education
shall develop and maintain a computerized information system
shall consist of the ESV-IS and the SDE-IS and shall be
governed by the state board according to the provisions of
sections 121.93 to 121.936 for state information
needs.
Subd. 2. [PURPOSES.] The purposes of the statewide
elementary, secondary and vocational education management
computerized information system shall be:
(a) To provide comparable and accurate educational information in a manner which is timely and economical;
(b) To provide a computerized research capability for
analysis of education information ensure accountability
for state appropriations;
(c) To collect data to assess the needs of learners and children;
(d) To provide school districts with an educational information system capability which will meet school district management needs; and
(d) (e) To provide a capability for the
collection and processing for computerized analysis of
educational information in order to meet the management
needs of the state of Minnesota.
Subd. 3. [SYSTEMS ARCHITECTURE PLAN.] The state board, with
the advice and assistance of the ESV computer council, shall
develop a systems architecture plan for providing administrative
data processing to school districts, the department of education,
and the legislature. In developing the plan, the state board
shall consider at least the following: user needs; systems design
factors; telecommunication requirements; computer hardware
technology; and alternative hardware purchase and lease
arrangements.
Subd. 4. [LONG-RANGE PLAN.] The state board, with the
advice and assistance of the ESV computer council and the
information policy office, shall develop a long-range plan for
providing administrative data processing to school districts, the
department of education, and the legislature. In developing the
plan, the state board shall consider at least the following:
desirable major enhancements to the ESV-IS and SDE-IS; new system
development proposals; new or modified approaches to provide
support services to districts; the responsibility of regional
management information centers to provide reports to the
department on behalf of affiliated districts; and related
development and implementation time schedules. The long-range
plan shall address the feasibility and practicability of
utilizing microcomputers, minicomputers, and larger computer
systems. The plan shall be updated by September 15 of each
even-numbered year. The long-range plan shall consist of one
document and shall incorporate the systems architecture plan and
all relevant portions of previous documents which have been
referred to as the state computing plan.
Subd. 5. [SOFTWARE DEVELOPMENT.] The commissioner shall
provide for the development of applications software for ESV-IS
and SDE-IS. The commissioner may charge school districts or
cooperative units for the actual cost of software development
used by the district or cooperative unit. Any amount received is
annually appropriated to the department of education for this
purpose. A school district or cooperative unit may not implement
a payroll, student, or staff software system after June 30, 1994,
until the system has been reviewed by the department to ensure
that it provides the required data elements and format.
Sec. 10. Minnesota Statutes 1994, section 121.932, is amended to read:
121.932 [DEPARTMENT DUTIES.]
Subd. 2. [DATA ACQUISITION CALENDAR.] The department of
education shall maintain a current annual data acquisition
calendar specifying the reports which districts are required to
provide to the department, the reports which regional
management information centers are required to provide to the
department for their affiliated districts, and the dates
these reports are due.
Subd. 3. [EXEMPTION FROM CHAPTER 14.] The annual data
acquisition calendar and the essential data elements are exempt
from the administrative procedure act but, to the extent
authorized by law to adopt rules, the board may use the
provisions of section 14.38, subdivisions 5 to 9.
Subd. 4. [SDE-IS.] The department shall develop and operate
the SDE-IS with the advice and assistance of the ESV computer
council a computerized data system. The SDE-IS
system shall include: (a) information required by federal
or state law or rule; and (b) information needed by the divisions
of the department in order to disburse funds, to implement
research or special projects approved by the commissioner, and to
meet goals or provide information required by the state board,
the governor, the legislature or the federal government. The
department shall consult the advisory council on uniform
financial accounting and reporting standards, the advisory task
forces on student reporting and payroll/personnel reporting, and
representatives of the senate and the house of representatives
and of each division of the department, about needs for
information from SDE-IS.
Subd. 4a. [CERTIFICATION OF SOFTWARE VENDORS.] The commissioner shall maintain a list of certified service providers for administrative data processing software and support. To be certified, a service provider must provide the commissioner with a written statement identifying software products and support functions that will be provided to school districts and stating its intent to meet state standards for software, data elements, edits, and support services. The standards must ensure the quality of the data reported to the state. The commissioner must conduct regular training sessions for service providers on the standards. If a service provider fails to meet the standards, the commissioner must notify the service provider of areas of noncompliance and assist the service provider in correcting the problem. If the provider fails to comply with standards within two months of being notified of noncompliance, the commissioner may remove the service provider from the list of certified providers. The commissioner may recertify a service provider when the commissioner determines that the areas of noncompliance have been corrected.
Subd. 4b. [INFORMATION ON CERTIFIED SERVICE PROVIDERS.] The commissioner must include the list of certified service providers in the annual data acquisition calendar. The commissioner must notify school districts if a service provider is removed from the list and of the areas of noncompliance.
Subd. 5. [ESSENTIAL DATA.] The department shall maintain a
list of essential data elements which must be recorded and stored
about each pupil, licensed and nonlicensed staff member, and
educational program. Each school district shall send
must provide the essential data to the ESV regional
computer center to which it belongs, where it shall be edited and
transmitted to the department in the form and format
prescribed by the department.
Subd. 6. [CONTRACTING.] The department may provide by contract for the technical support of and the development of applications software by a regional management information center or by any other appropriate provider.
Sec. 11. Minnesota Statutes 1994, section 121.933, subdivision 1, is amended to read:
Subdivision 1. [PERMITTED DELEGATIONS.] The state board of
technical colleges, the state board of education, and the
department may provide, by the delegation of powers and duties or
by contract, for the implementation and technical support of
ESV-IS and SDE-IS a computerized information reporting
system, including the development of applications software
pursuant to section 121.931, subdivision 5, by a regional
management information center or by any other
appropriate provider.
Sec. 12. Minnesota Statutes 1994, section 121.935, is amended to read:
121.935 [REGIONAL MANAGEMENT INFORMATION CENTERS.]
Subdivision 1. [CREATION.] Any group of two or more
independent, special or common school districts may with the
approval of the state board pursuant to sections 121.931 and
121.936 create a regional management information center
pursuant to section 123.58 or 471.59 to provide computer services
to school districts. A regional management information center
shall not come into existence until the first July 1 after its
creation is approved by the state board or until it can be
accommodated by state appropriations, whichever occurs first.
Each member of the board of a center created after June 30, 1991,
shall be a current member of a member school board.
Subd. 1a. [CENTER FOR DISTRICTS WITH ALTERNATIVE SYSTEMS.]
Districts that operate alternative systems approved by the state
board according to section 121.936 may create one regional
management information center under section 471.59. The center
shall have all of the powers authorized under section 471.59.
Only districts that operate approved alternative systems may
be members of the center. Upon receiving the approval of the
state board to operate an alternative system, a district may
become a member of the center.
Each member of the center board shall be a current member of
a member school board.
The center board may purchase or lease equipment. It may not employ any staff but may enter into a term contract for services. A person providing services according to a contract with the center board is not a state employee.
The center shall perform the duties required by subdivision
2, except clauses (c), (d), and (g). The department shall
provide the center all services that are provided to regional
centers formed under subdivision 1, including transferring
software and providing accounting assistance.
Subd. 2. [DUTIES.] Every regional management information
center shall:
(a) assist its affiliated districts in complying with the
reporting requirements of the annual data acquisition calendar
and the rules of the state board of education;
(b) respond within 15 calendar days to requests from the
department for district information provided to the region for
state reporting of information, based on the data elements in the
data element dictionary;
(c) operate financial management information systems
consistent with the uniform financial accounting and reporting
standards adopted by the commissioner pursuant to sections
121.904 to 121.917;
(d) make available to districts the opportunity to
participate fully in all the subsystems of ESV-IS;
(e) develop and maintain a plan to provide services during a
system failure or a disaster;
(f) comply with the requirement in section 121.908,
subdivision 2, on behalf of districts affiliated with it;
and
(g) operate fixed assets property management information
systems consistent with the uniform property accounting and
reporting standards adopted by the commissioner.
Subd. 4. [ANNUAL BUDGET ESTIMATES.] Every regional
management information center shall submit to the department by
July 1 an annual budget estimate for its administrative and
management computer activities. The budget estimates shall be in
a program budget format and shall include all estimated and
actual revenues, expenditures, and fund balances of the center.
Budget forms developed pursuant to section 16A.10 may be used for
these estimates. The department of education shall assemble this
budget information into a supplemental budget summary for the
statewide elementary, secondary, and vocational management
information system. Copies of the budget summary shall be
provided to the ESV computer council and shall be available to
the legislature upon request.
Subd. 6. [FEES.] Regional management information centers may charge fees to affiliated districts for the cost of services provided to the district.
Subd. 8. [COMPUTER HARDWARE PURCHASE.] A regional
management information center may not purchase or enter into a
lease-purchase agreement for computer hardware in excess of
$100,000 without unanimous consent of the center board.
Subd. 9. [FINANCIAL SERVICES.] Regional management information centers may provide financial management information services to cities, counties, towns, or other governmental units at mutually negotiated prices.
Sec. 13. Minnesota Statutes 1994, section 122.91, subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] The purpose of an education district is to increase educational opportunities for learners by increasing cooperation and coordination among school districts, other governmental units, and post-secondary institutions, and to replace other existing cooperative structures.
Sec. 14. Minnesota Statutes 1994, section 122.91, subdivision 2, is amended to read:
Subd. 2. [AGREEMENT.] School boards meeting the requirements of subdivision 3 may enter into a written agreement to establish an education district. Once established, cities, counties, and other governmental units as defined in section 471.59, may become members of the education district. The agreement and subsequent amendments must be adopted by majority vote of the full membership of each board.
Sec. 15. Minnesota Statutes 1994, section 122.91, subdivision 2a, is amended to read:
Subd. 2a. [AGREEMENT; SPECIAL PROVISIONS.] The education district agreement may contain a special provision adopted by the vote of a majority of the full membership of each of the boards of the member school districts to allow a post-secondary institution or cities, counties, and other governmental units to become a member of the education district.
Sec. 16. Minnesota Statutes 1994, section 122.92, subdivision 1, is amended to read:
Subdivision 1. [SCHOOL DISTRICT REPRESENTATION.] The education district board shall be composed of at least one representative appointed by the school board or gove