STATE OF MINNESOTA
EIGHTY-THIRD SESSION - 2003
_____________________
THIRTY-FOURTH DAY
Saint Paul, Minnesota, Monday, April 7, 2003
The House of Representatives convened at 3:00 p.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by Rabbi Marcia Zimmerman, Temple Israel,
Minneapolis, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Adolphson
Anderson, B.
Anderson, I.
Anderson, J.
Atkins
Beard
Bernardy
Biernat
Blaine
Borrell
Boudreau
Bradley
Brod
Buesgens
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fuller
Gerlach
Goodwin
Greiling
Gunther
Haas
Hackbarth
Harder
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jacobson
Jaros
Johnson, J.
Johnson, S.
Juhnke
Kahn
Kelliher
Kielkucki
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Kuisle
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lindgren
Lindner
Lipman
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, C.
Nelson, M.
Nelson, P.
Nornes
Olsen, S.
Olson, M.
Opatz
Osterman
Otremba
Otto
Ozment
Paulsen
Pelowski
Penas
Peterson
Powell
Pugh
Rhodes
Rukavina
Ruth
Samuelson
Seagren
Seifert
Severson
Sieben
Simpson
Slawik
Smith
Soderstrom
Solberg
Stang
Strachan
Swenson
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Walz
Wardlow
Wasiluk
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Paymar and Sertich were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Powell moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Steve Sviggum
Speaker of the House of Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2003 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:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2003 |
Date Filed 2003 |
726 6 12:55
p.m. April 3 April
3
512 8 2:30 p.m. April 2 April 3
Sincerely,
Mary
Kiffmeyer
Secretary
of State
REPORTS OF STANDING COMMITTEES
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 30, A bill for an act relating to the metropolitan
council; limiting the council to requiring a change of a local comprehensive
plan only when the plan will have a substantial, demonstrable, and adverse
impact on the infrastructure of a metropolitan system; amending Minnesota
Statutes 2002, section 473.175, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 230, A bill for an act relating to professions;
establishing the board of licensed professional counseling; requiring
professional counselors to be licensed; requiring rulemaking; appropriating
money; amending Minnesota Statutes 2002, sections 116J.70, subdivision 2a;
148A.01, subdivision 5; 148B.60, subdivision 3; 214.01, subdivision 2; 214.04,
subdivision 3; 214.10, subdivision 9; 609.341, subdivision 17; proposing coding
for new law in Minnesota Statutes, chapter 148B.
Reported the same back with the following amendments:
Page 12, line 28, after "of" insert "licensed"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Health and Human Services Finance.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 261, A bill for an act relating to public safety;
enacting the Minnesota Citizens' Personal Protection Act of 2003; recognizing
the inherent right of law-abiding citizens to self-protection through the
lawful use of self-defense; providing a system under which responsible,
competent adults can exercise their right to self-protection by authorizing
them to obtain a permit to carry a pistol; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2002, sections 13.871, by
adding a subdivision; 609.66, subdivision 1d; 624.712, by adding a subdivision;
624.714, subdivisions 2, 3, 4, 6, 7, 8, 10, 12, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 624; repealing
Minnesota Statutes 2002, section 624.714, subdivisions 1, 5.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 13.871, is amended by adding a
subdivision to read:
Subd. 9. [PISTOL
PERMIT DATA.] Data on persons permitted to carry pistols under the
terms of a permit must be shared as required by section 624.714,
subdivision 6.
Sec. 2. Minnesota
Statutes 2002, section 609.66, subdivision 1d, is amended to read:
Subd. 1d. [FELONY;
POSSESSION ON SCHOOL PROPERTY; PENALTY.] (a) Except as
provided under paragraphs (c) and (e), whoever possesses, stores, or keeps
a dangerous weapon or uses or brandishes a replica firearm or a BB gun while
knowingly on school property is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both.
(b) Whoever possesses, stores, or keeps a replica firearm or a
BB gun on school property is guilty of a gross misdemeanor.
(c) Notwithstanding paragraph (a) or (b), it is a
petty misdemeanor for a person authorized to carry a firearm under the
provisions of a permit or otherwise to carry a firearm on or about
the person's clothes or person in a location the person knows is school
property. Notwithstanding section
609.531, a firearm carried in violation of this paragraph is not subject
to forfeiture.
(d) As used in this subdivision:
(1) "BB gun" means a device that fires or ejects a
shot measuring .18 of an inch or less in diameter;
(2) "dangerous weapon" has the meaning given it in
section 609.02, subdivision 6;
(3) "replica firearm" has the meaning given it in
section 609.713; and
(4) "school property" means:
(i) a public or private elementary, middle, or secondary school
building and its improved grounds, whether leased or owned by the
school; and
(ii) a child care center licensed under chapter 245A during
the period children are present and participating in a child care
program;
(iii) the area within a school bus when that bus is
being used by a school to transport one or more elementary, middle, or
secondary school students to and from school-related activities, including
curricular, cocurricular, noncurricular, extracurricular, and supplementary
activities; and
(iv) that portion of a building or facility under the temporary,
exclusive control of a public or private school, a school district, or
an association of such entities where conspicuous signs are prominently
posted at each entrance that give actual notice to persons of the
school-related use.
(d) (e) This subdivision does not apply to:
(1) licensed peace officers, military personnel, or students
participating in military training, who are on-duty, performing official
duties;
(2) persons who carry pistols according to the terms of a
permit authorized to carry a pistol under section 624.714 while in
a motor vehicle or outside of a motor vehicle to directly place a
firearm in, or retrieve it from, the trunk or rear area of the vehicle;
(3) persons who keep or store in a motor vehicle pistols in
accordance with sections section 624.714 and or
624.715 or other firearms in accordance with section 97B.045;
(4) firearm safety or marksmanship courses or activities conducted
on school property;
(5) possession of dangerous weapons, BB guns, or replica
firearms by a ceremonial color guard;
(6) a gun or knife show held on school property; or
(7) possession of dangerous weapons,
BB guns, or replica firearms with written permission of the principal or
other person having general control and supervision of the school or
the director of a child care center; or
(8) persons who are on unimproved property owned or leased
by a child care center, school, or school district unless the person
knows that a student is currently present on the land for a
school-related activity.
(f) Notwithstanding section 471.634, a school district or
other entity composed exclusively of school districts may not regulate
firearms, ammunition, or their respective components, when possessed or
carried by nonstudents or nonemployees, in a manner that is inconsistent
with this subdivision.
Sec. 3. Minnesota
Statutes 2002, section 624.712, is amended by adding a subdivision to read:
Subd. 11.
[COMMISSIONER.] "Commissioner" means the commissioner
of public safety unless otherwise indicated.
Sec. 4. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 1a.
[PERMIT REQUIRED; PENALTY.] A person, other than a peace
officer, as defined in section 626.84, subdivision 1, who carries,
holds, or possesses a pistol in a motor vehicle, snowmobile, or boat, or
on or about the person's clothes or the person, or otherwise in
possession or control in a public place, as defined in section 624.7181,
subdivision 1, paragraph (c), without first having obtained a permit to
carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or
subsequent time is guilty of a felony.
Sec. 5. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 1b.
[DISPLAY OF PERMIT; PENALTY.] (a) The holder of a permit to
carry must have the permit card and a driver's license, state
identification card, or other government-issued photo identification in
immediate possession at all times when carrying a pistol and must
display the permit card and identification document upon lawful demand
by a peace officer, as defined in section 626.84, subdivision 1. A violation of this paragraph is a
petty misdemeanor. The fine for a first
offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation
of this paragraph is not subject to forfeiture.
(b) A citation issued for violating paragraph (a) must be
dismissed if the person demonstrates, in court or in the office of
the arresting officer, that the person was authorized to carry the
pistol at the time of the alleged violation.
(c) Upon the request of a peace officer, a permit holder
must write a sample signature in the officer's presence to aid in
verifying the person's identity.
Sec. 6. Minnesota
Statutes 2002, section 624.714, subdivision 2, is amended to read:
Subd. 2. [WHERE
APPLICATION MADE; AUTHORITY TO ISSUE PERMIT; CRITERIA; SCOPE.] (a)
Applications by Minnesota residents for permits to carry shall be
made to the chief of police of an organized full-time police department of
the municipality where the applicant resides or to the county sheriff where
there is no such local chief of police where the applicant resides. At the time of application, the local
police authority shall provide the applicant with a dated receipt for the
application. Nonresidents, as defined in section 171.01, subdivision
42, may apply to any sheriff.
(b) Unless a sheriff denies a permit under the exception
set forth in subdivision 6, paragraph (a), clause (3), a sheriff must
issue a permit to an applicant if the person:
(1) has training in the safe use
of a pistol;
(2) is at least 21 years old and a citizen or a permanent
resident of the United States;
(3) completes an application for a permit;
(4) is not prohibited from possessing a firearm under the
following sections:
(i) 518B.01, subdivision 14;
(ii) 609.224, subdivision 3;
(iii) 609.2242, subdivision 3;
(iv) 609.749, subdivision 8;
(v) 624.713;
(vi) 624.719;
(vii) 629.715, subdivision 2; or
(viii) 629.72, subdivision 2; and
(5) is not listed in the criminal gang investigative data
system under section 299C.091.
(c) A permit to carry a pistol issued or recognized under
this section is a state permit and is effective throughout the state.
(d) A sheriff may contract with a police chief to process
permit applications under this section.
If a sheriff contracts with a police chief, the sheriff remains
the issuing authority and the police chief acts as the sheriff's
agent. If a sheriff contracts
with a police chief, all of the provisions of this section will apply.
Sec. 7. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 2a.
[TRAINING IN THE SAFE USE OF A PISTOL.] (a) An applicant must
present evidence that the applicant received training in the safe use of
a pistol within one year of the date of an original or renewal application. Training may be demonstrated by:
(1) employment as a peace officer in the state of Minnesota
within the past year; or
(2) completion of a firearms safety or training course providing
basic training in the safe use of a pistol and conducted by a certified
instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of pistol use;
(2) successful completion of an actual shooting qualification
exercise; and
(3) instruction in the
fundamental legal aspects of pistol possession, carry, and use,
including self-defense and the restrictions on the use of deadly force.
(c) A person qualifies as a certified instructor if the person
is certified as a firearms instructor within the past five years by:
(1) the bureau of criminal apprehension, training and development
section;
(2) the Minnesota Association of Law Enforcement Firearms
Instructors;
(3) the National Rifle Association;
(4) the American Association of Certified Firearms Instructors;
(5) the peace officer standards and training board of this
state or a similar agency of another state that certifies firearms
instructors; or
(6) the department of public safety of this state or a similar
agency of another state that certifies firearms instructors.
(d) A sheriff must accept the training described in this
subdivision as meeting the requirement in subdivision 2, paragraph
(b), for training in the safe use of a pistol.
A sheriff may also accept other satisfactory evidence of training
in the safe use of a pistol.
Sec. 8. Minnesota
Statutes 2002, section 624.714, subdivision 3, is amended to read:
Subd. 3. [FORM AND
CONTENTS OF APPLICATION.] (a) Applications for permits to carry shall
must be an official, standardized application form, adopted under
section 624.7151, and must set forth in writing only the
following information:
(1) the applicant's name, residence, telephone number, if
any, and driver's license number or nonqualification certificate
number, if any, of the applicant or state identification card number;
(2) the applicant's sex, date of birth, height, weight,
and color of eyes and hair, and distinguishing physical characteristics, if any,
of the applicant;
(3) all states of residence of the applicant in the last
ten years, though not including specific addresses;
(4) a statement that the applicant authorizes the
release to the local police authority sheriff of commitment
information about the applicant maintained by the commissioner of human
services or any similar agency or department of another state where
the applicant has resided, to the extent that the information relates to
the applicant's eligibility to possess a pistol or semiautomatic
military-style assault weapon under section 624.713, subdivision 1 firearm;
and
(4) (5) a statement by the applicant that, to
the best of the applicant's knowledge and belief, the applicant is
not prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon; and law from possessing a firearm.
(5) a recent color photograph of the applicant.
The
application shall be signed and dated by the applicant. (b) The statement under paragraph (a), clause (3)
(4), must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to consent to
disclosure of alcohol or drug abuse patient records.
(c) An applicant must submit to the sheriff an application
packet consisting only of the following items:
(1) a completed application form, signed and dated by the
applicant;
(2) an accurate photocopy of a certificate, affidavit, or
other document that is submitted as the applicant's evidence of training
in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's
license, state identification card, or the photo page of the applicant's
passport.
(d) Applications must be submitted in person.
(e) The sheriff may charge a new application processing fee
in an amount not to exceed the actual and reasonable direct cost of
processing the application or $100, whichever is less. Of this amount, $10 must be submitted
to the commissioner of public safety and deposited into the general
fund.
(f) This subdivision prescribes the complete and exclusive
set of items an applicant is required to submit in order to apply for
a new or renewal permit to carry. The
applicant must not be asked or required to submit, voluntarily or involuntarily,
any information, fees, or documentation beyond that specifically
required by this subdivision. This
paragraph does not apply to alternate training evidence accepted by the
sheriff under subdivision 2a, paragraph (d).
(g) Forms for new and renewal applications must be available
at all sheriffs' offices and the commissioner of public safety must make
the forms available on the Internet.
(h) Application forms must clearly display a notice that a
permit, if granted, is void and must be immediately returned to the
sheriff if the permit holder is or becomes prohibited by law from
possessing a firearm. The notice must
list the applicable state criminal offenses and civil categories that
prohibit a person from possessing a firearm.
(i) Upon receipt of an application packet and any required
fee, the sheriff must provide a signed receipt indicating the date of
submission.
Sec. 9. Minnesota
Statutes 2002, section 624.714, subdivision 4, is amended to read:
Subd. 4.
[INVESTIGATION.] (a) The application authority shall sheriff
must check, by means of electronic data transfer, criminal records,
histories, and warrant information on each applicant through the Minnesota
Crime Information System. The chief
of police or sheriff shall and, to the extent necessary, the
National Instant Check System. The
sheriff shall also make a reasonable effort to check other available and
relevant federal, state, or local record keeping systems. The sheriff must obtain
commitment information from the commissioner of human services as provided in
section 245.041 or, if the information is reasonably available, as
provided by a similar statute from another state.
(b) When an application for a permit is filed under this
section, the sheriff must notify the chief of police, if any, of the
municipality where the applicant resides.
The police chief may provide the sheriff with any information
relevant to the issuance of the permit.
(c) The sheriff must conduct a background check by means of
electronic data transfer on a permit holder through the Minnesota
Crime Information System and, to the extent necessary, the National
Instant Check System at least yearly to ensure continuing
eligibility. The sheriff may conduct
additional background checks by means of electronic data transfer on a
permit holder at any time during the period that a permit is in effect.
Sec. 10.
Minnesota Statutes 2002, section 624.714, subdivision 6, is amended to
read:
Subd. 6. [FAILURE TO
GRANT GRANTING AND DENIAL OF PERMITS.] (a) The sheriff must,
within 30 days after the date of receipt of the application packet
described in subdivision 3:
(1) issue the permit to carry;
(2) deny the application for a permit to carry solely on
the grounds that the applicant failed to qualify under the criteria
described in subdivision 2, paragraph (b); or
(3) deny the application on the grounds that there exists a
substantial likelihood that the applicant is a danger to self or the
public if authorized to carry a pistol under a permit.
(b) Failure of the chief police officer or the county
sheriff to deny the application or issue a permit to carry a pistol notify
the applicant of the denial of the application within 21 30
days of after the date of receipt of the application shall
be deemed to be a grant thereof. packet constitutes issuance of
the permit to carry and the sheriff must promptly fulfill the
requirements under paragraph (c). To
deny the application, the local police authority shall sheriff
must provide an the applicant with written notification of a
denial and the specific reason for factual basis justifying
the denial under paragraph (a), clause (2) or (3), including the source of
the factual basis. The sheriff must
inform the applicant of the applicant's right to submit, within 20
business days, any additional documentation relating to the propriety of
the denial. A chief of police or
a sheriff may charge a fee to cover the cost of conducting a background check,
not to exceed $10. The permit shall
specify the activities for which it shall be valid. Upon receiving any
additional documentation, the sheriff must reconsider the denial and
inform the applicant within 15 business days of the result of the
reconsideration. Any denial after
reconsideration must be in the same form and substance as the original
denial and must specifically address any continued deficiencies in light
of the additional documentation submitted by the applicant. The applicant must be informed of the right
to seek de novo review of the denial as provided in subdivision 12.
(c) Upon issuing a permit to carry, the sheriff must provide
a laminated permit card to the applicant by first class mail unless
personal delivery has been made. Within
five business days, the sheriff must submit the information specified
in subdivision 7, paragraph (a), to the commissioner of public safety
for inclusion solely in the database required under subdivision 15,
paragraph (a). The sheriff must
transmit the information in a manner and format prescribed by the commissioner.
(d) Within five business days of learning that a permit to
carry has been suspended or revoked, the sheriff must submit information
to the commissioner of public safety regarding the suspension or
revocation for inclusion solely in the databases required or permitted
under subdivision 15.
(e) Notwithstanding paragraphs (a) to (c), the sheriff may
suspend the application process if a charge is pending against the
applicant that, if resulting in conviction, will prohibit the applicant
from possessing a firearm.
Sec. 11. Minnesota
Statutes 2002, section 624.714, subdivision 7, is amended to read:
Subd. 7. [PERMIT
CARD CONTENTS; EXPIRATION; RENEWAL.] Permits to carry a pistol issued
pursuant to this section shall expire after one year and shall thereafter be
renewed in the same manner and subject to the same provisions by which the
original permit was obtained, except that all renewed permits must comply with
the standards adopted by the commissioner of public safety under section
624.7161. (a) Permits to carry must be on an official,
standardized permit card adopted by the commissioner of public safety,
containing only the name, residence, and driver's license number or
state identification card number of the permit holder, if any.
(b) The permit card must also identify the issuing
sheriff and state the expiration date of the permit. The permit card must clearly display
a notice that a permit, if granted, is void and must be immediately
returned to the sheriff if the permit holder becomes prohibited by law
from possessing a firearm.
(c) A permit to carry a pistol issued under this section
expires five years after the date of issue.
It may be renewed in the same manner and under the same criteria
which the original permit was obtained, subject to the following procedures:
(1) no earlier than 90 days prior to the expiration date on
the permit, the permit holder may renew the permit by submitting to
the appropriate sheriff the application packet described in subdivision
3 and a renewal processing fee not to exceed the actual and reasonable
direct cost of processing the application or $75, whichever is
less. Of this amount, $5 must be
submitted to the commissioner of public safety and deposited into the
general fund. The sheriff must
process the renewal application in accordance with subdivisions 4 and 6;
and
(2) a permit holder who submits a renewal application packet
after the expiration date of the permit, but within 30 days after
expiration, may renew the permit as provided in clause (1) by paying an
additional late fee of $10.
(d) The renewal permit is effective beginning on the expiration
date of the prior permit to carry.
Sec. 12. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 7a.
[CHANGE OF ADDRESS; LOSS OR DESTRUCTION OF PERMIT.] (a) Within 30
days after changing permanent address, or within 30 days of having lost
or destroyed the permit card, the permit holder must notify the issuing
sheriff of the change, loss, or destruction. Failure to provide notification as required by this
subdivision is a petty misdemeanor. The
fine for a first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in
violation of this paragraph is not subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder
may obtain a replacement permit card by paying $10 to the sheriff. The request for a replacement permit card
must be made on an official, standardized application adopted for this
purpose under section 624.7151, and, except in the case of an address
change, must include a notarized statement that the permit card has been
lost or destroyed.
Sec. 13. Minnesota
Statutes 2002, section 624.714, subdivision 8, is amended to read:
Subd. 8. [PERMIT TO
CARRY VOIDED.] (a) The permit to carry shall be is void and
must be revoked at the time that the holder becomes prohibited by law
from possessing a pistol under section 624.713 firearm, in which
event the holder shall must return the permit card to the
issuing sheriff within five business days to the application
authority after the holder knows or should know that the holder
is a prohibited person. If a permit is
revoked under this subdivision, the sheriff must give notice to the permit
holder in writing in the same manner as a denial. Failure of the holder to return the permit within the five days
is a gross misdemeanor unless the court finds that the circumstances or the
physical or mental condition of the permit holder prevented the holder from
complying with the return requirement.
(b) When a permit holder is convicted of an offense that
prohibits the permit holder from possessing a firearm, the court must
revoke the permit and, if it is available, take possession of it and
send it to the issuing sheriff.
(c) The sheriff of the county where the application was submitted,
or of the county of the permit holder's current residence, may file a
petition with the district court therein, for an order revoking a permit
to carry on the grounds set forth in subdivision 6, paragraph (a),
clause (3). An order shall be issued
only if the sheriff meets the burden of proof and criteria set forth in
subdivision 12. If the court denies the
petition, the court must award the permit holder reasonable costs and
expenses, including attorney fees.
(d) A permit revocation must be promptly reported to the
issuing sheriff.
Sec. 14.
Minnesota Statutes 2002, section 624.714, is amended by adding a
subdivision to read:
Subd. 8a.
[PROSECUTOR'S DUTY.] Whenever a person is charged with an
offense that would, upon conviction, prohibit the person from possessing
a firearm, the prosecuting attorney must ascertain whether the person is
a permit holder under this section.
If the person is a permit holder, the prosecutor must notify the
issuing sheriff that the person has been charged with a prohibiting
offense. The prosecutor must also
notify the sheriff of the final disposition of the case.
Sec. 15. Minnesota
Statutes 2002, section 624.714, subdivision 10, is amended to read:
Subd. 10. [FALSE
REPRESENTATIONS.] A person who gives or causes to be given any false material
information in applying for a permit to carry, knowing or having reason to know
the information is false, is guilty of a gross misdemeanor.
Sec. 16. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 11a.
[EMERGENCY ISSUANCE OF PERMITS.] A sheriff may immediately
issue an emergency permit to a person if the sheriff determines that the
person is in an emergency situation that may constitute an immediate
risk to the safety of the person or someone residing in the person's
household. A person seeking an emergency
permit must complete an application form and must sign an affidavit
describing the emergency situation. An
emergency permit applicant does not need to provide evidence of
training. An emergency permit is
valid for 30 days, may not be renewed, and may be revoked without a
hearing. No fee may be charged for an
emergency permit. An emergency permit
holder may seek a regular permit under subdivision 3 and is subject to
the other applicable provisions of this section.
Sec. 17. Minnesota
Statutes 2002, section 624.714, subdivision 12, is amended to read:
Subd. 12. [HEARING UPON
DENIAL OR REVOCATION.] (a) Any person aggrieved by denial or
revocation of a permit to carry may appeal the denial by petition
to the district court having jurisdiction over the county or municipality wherein
the notification or denial occurred where the application was submitted. The petition must list the sheriff as the
respondent. The district court must
hold a hearing at the earliest practicable date and in any event no
later than 60 days following the filing of the petition for review. The court may not grant or deny any
relief before the completion of the hearing. The record of the hearing must be sealed. The matter shall must be heard
de novo without a jury.
(b) The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the
sheriff establishes by clear and convincing evidence:
(1) that the applicant is disqualified under the criteria
described in subdivision 2, paragraph (b); or
(2) that there exists a substantial likelihood that the applicant
is a danger to self or the public if authorized to carry a pistol under
a permit. Incidents of alleged criminal
misconduct that are not investigated and documented, and incidents
for which the applicant was charged and acquitted, may not be
considered.
(c) If an applicant is denied a permit on the grounds that
the applicant is listed in the criminal gang investigative data system
under section 299C.091, the person may challenge the denial, after
disclosure under court supervision of the reason for that listing, based
on grounds that the person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system
according to the criteria outlined in section 299C.091, subdivision 2,
paragraph (b); or
(3) has demonstrably withdrawn from the activities and associations
that led to inclusion in the data system.
(d) If the court grants a petition brought under paragraph
(a), the court must award the applicant or permit holder reasonable
costs and expenses including attorney fees.
Sec. 18. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 12a.
[SUSPENSION AS CONDITION OF RELEASE.] The district court may
order suspension of the application process for a permit or suspend the
permit of a permit holder as a condition of release pursuant to the same
criteria as the surrender of firearms under section 629.715. A permit suspension must be promptly
reported to the issuing sheriff. If
the permit holder has an out-of-state permit recognized under subdivision
16, the court must promptly report the suspension to the commissioner of
public safety for inclusion solely in the database under subdivision 15,
paragraph (a).
Sec. 19. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 14.
[RECORDS.] (a) A sheriff must not maintain records or data
collected, made, or held under this section concerning any applicant or
permit holder that are not necessary under this section to support a
permit that is outstanding or eligible for renewal under subdivision 7,
paragraph (b). Notwithstanding section 138.163, sheriffs must completely
purge all files and databases by March 1 of each year to delete all information
collected under this section concerning all persons who are no longer
current permit holders or currently eligible to renew their permit.
(b) Paragraph (a) does not apply to records or data concerning
an applicant or permit holder who has had a permit denied or revoked
under the criteria established in subdivision 2, paragraph (b), clause
(1), or subdivision 6, paragraph (a), clause (3), for a period of six
years from the date of the denial or revocation.
Sec. 20. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 15.
[COMMISSIONER OF PUBLIC SAFETY; CONTRACTS; DATABASE.] (a) The
commissioner of public safety must maintain an automated database of
persons authorized to carry pistols under this section that is available
24 hours a day, seven days a week, only to law enforcement agencies,
including prosecutors carrying out their duties under subdivision 8a, to
verify the validity of a permit.
(b) The commissioner of public safety may maintain a separate
automated database of denied applications for permits to carry and of
revoked permits that is available only to sheriffs performing their
duties under this section containing the date of, the statutory basis
for, and the initiating agency for any permit application denied or
permit revoked for a period of six years from the date of the denial or
revocation.
(c) The commissioner of public safety may contract with one
or more vendors to implement the commissioner's duties under this
section.
Sec. 21. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 16.
[RECOGNITION OF PERMITS FROM OTHER STATES.] (a) The
commissioner of public safety must annually establish and publish a list
of other states that have laws governing the issuance of permits to
carry weapons that are not substantially similar to this section. The list must be available on the Internet. A person holding a carry permit from a state
not on the list may use the license or permit in this state subject to
the rights, privileges, and requirements of this section.
(b) Notwithstanding paragraph (a), no license or
permit from another state is valid in this state if the holder is or
becomes prohibited by law from possessing a firearm.
(c) Any sheriff or police chief may file a petition under
subdivision 12 seeking an order suspending or revoking an out-of-state
permit holder's authority to carry a pistol in this state on the grounds
set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the
petitioner meets the burden of proof and criteria set forth in
subdivision 12. If the court
denies the petition, the court must award the permit holder reasonable
costs and expenses including attorney fees. The petition may be filed in any county in the state where
a person holding a license or permit from another state can be found.
(d) The commissioner of public safety must, when necessary,
execute reciprocity agreements regarding carry permits with jurisdictions
whose carry permits are recognized under paragraph (c).
Sec. 22. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 17.
[POSTING; TRESPASS.] (a) A person carrying a firearm on or
about his or her person or clothes under a permit or otherwise who
remains at a private establishment knowing that the operator of the
establishment or its agent has made a reasonable request that firearms
not be brought into the establishment may be ordered to leave the
premises. A person who fails to
leave when so requested is guilty of a petty misdemeanor. The fine for a first offense must not exceed
$25. Notwithstanding section
609.531, a firearm carried in violation of this subdivision is not
subject to forfeiture.
(b) As used in this subdivision, the terms in this paragraph
have the meanings given.
(1) "Reasonable request" means a request made
under the following circumstances:
(i) the requester has prominently posted a conspicuous sign
at every entrance to the establishment or event containing the following
language: "(INDICATE IDENTITY OF
OPERATOR) ALLOWS NO FIREARMS WITHIN THESE PREMISES."; and
(ii) the requester or its agent personally informs the person
of the posted request and demands compliance.
(2) "Prominently" means readily visible and within
four feet laterally of the entrance with the bottom of the sign at a
height of four to six feet above the floor.
(3) "Conspicuous" means lettering in black block
letters at least 1-1/2 inches in height against a contrasting background
that is at least 216 square inches in area.
(4) "Private establishment" means a building,
structure, or portion thereof that is owned, leased, controlled, or
operated by a nongovernmental entity for a nongovernmental purpose, but
does not include a parking facility, parking area, or private residence.
(c) This subdivision does not affect the rights of employers
and employees to define the terms of their employment relationship while
the employee is acting in the course and scope of that employment.
(d) Notwithstanding any inconsistent provisions in section
609.605, this subdivision sets forth the exclusive criteria to notify
a person that firearm possession is not allowed in a private
establishment and sets forth the exclusive penalty for such activity.
(e) This subdivision does not apply to an on-duty peace officer
or security guard acting in the course and scope of employment.
Sec. 23. Minnesota Statutes 2002, section 624.714, is amended by adding a
subdivision to read:
Subd. 18.
[IMMUNITY.] Neither a sheriff, police chief, any employee of a
sheriff or police chief involved in the permit issuing process, nor any
certified instructor is liable for damages resulting or arising from
acts with a firearm committed by a permit holder, unless the person had
actual knowledge at the time the permit was issued or the instruction
was given that the applicant was prohibited by law from possessing a
firearm.
Sec. 24. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 19.
[MONITORING.] (a) By March 1, 2004, and each year thereafter,
the commissioner of public safety must report to the legislature on:
(1) the number of permits applied for, issued, suspended,
revoked, and denied, further categorized by the age, sex, and zip
code of the applicant or permit holder, since the previous submission,
and in total;
(2) the number of permits currently valid;
(3) the specific reasons for each suspension, revocation,
and denial and the number of reversed, canceled, or corrected actions;
(4) the number of convictions and types of crimes committed
since the previous submission, and in total, by individuals with permits
including data as to whether a firearm lawfully carried solely by virtue
of a permit was actually used in furtherance of the crime;
(5) to the extent known or determinable, data on the lawful
and justifiable use of firearms by permit holders; and
(6) the status of the segregated funds reported to the commissioner
under subdivision 19.
(b) Sheriffs and police chiefs must supply the department
of public safety with the basic data the department requires to complete
the report under paragraph (a).
Sheriffs and police chiefs may submit data classified as private
to the department of public safety under this paragraph.
(c) Copies of the report under paragraph (a) must be made
available to the public at the actual cost of duplication.
(d) Nothing contained in any provision of this section or
any other law requires or authorizes the registration, documentation,
collection, or providing of serial numbers or other data on firearms or
on firearms' owners.
Sec. 25. Minnesota
Statutes 2002, section 624.714, is amended by adding a subdivision to read:
Subd. 20. [USE
OF FEES.] Fees collected by sheriffs under this section and not
forwarded to the commissioner of public safety must be used only to pay the
direct costs of administering this section. Fee money may be used to pay the costs of appeals of
prevailing applicants or permit holders under subdivision 8, paragraph
(c); subdivision 12, paragraph (e); and subdivision 16, paragraph
(c). The revenues must be maintained
in a segregated fund. Fund balances
must be carried over from year to year and do not revert to any other
fund. As part of the information
supplied under subdivision 19, paragraph (b), by January 31 of each
year, a sheriff must report to the commissioner on the sheriff's
segregated fund for the preceding calendar year, including information
regarding:
(1) nature and amount of revenues;
(2) nature and amount of expenditures; and
(3) nature and amount of balances.
Sec. 26. Minnesota Statutes 2002, section 624.714, is amended by adding a
subdivision to read:
Subd. 21. [SHORT
TITLE; CONSTRUCTION; SEVERABILITY.] This section may be cited as the
Minnesota Citizens' Personal Protection Act of 2003. The legislature of the state of Minnesota
recognizes and declares that the second amendment of the United States
Constitution guarantees the fundamental, individual right to keep and
bear arms. The provisions of this section
are declared to be necessary to accomplish compelling state interests in
regulation of those rights. The terms
of this section must be construed according to the compelling state interest
test. The invalidation of any provision
of this section shall not invalidate any other provision.
Sec. 27. Minnesota Statutes
2002, section 624.714, is amended by adding a subdivision to read:
Subd. 22.
[EXCLUSIVITY.] This section sets forth the complete and
exclusive criteria and procedures for the issuance of permits to carry
and establishes their nature and scope.
No sheriff, police chief, governmental unit, government official,
government employee, or other person or body acting under color of
law or governmental authority may change, modify, or supplement these
criteria or procedures, or limit the exercise of a permit to carry.
Sec. 28. [624.7142]
[CARRYING WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.]
Subdivision 1.
[ACTS PROHIBITED.] A person may not carry a pistol on or about
the person's clothes or person in a public place:
(1) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(2) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1) and (4);
(3) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is listed
as a hazardous substance in rules adopted under section 182.655 and that
affects the nervous system, brain, or muscles of the person so as to impair
the person's clearness of intellect or physical control;
(4) when the person is under the influence of alcohol;
(5) when the person's alcohol concentration is 0.10 or more;
or
(6) when the person's alcohol concentration is less than
0.10, but more than 0.04.
Subd. 2.
[ARREST.] A peace officer may arrest a person for a violation
under subdivision 1 without a warrant upon probable cause, without
regard to whether the violation was committed in the officer's presence.
Subd. 3.
[PRELIMINARY SCREENING TEST.] When an officer authorized under
subdivision 2 to make arrests has reason to believe that the person may
be violating or has violated subdivision 1, the officer may require the
person to provide a breath sample for a preliminary screening test using
a device approved by the commissioner of public safety for this purpose. The results of the preliminary screening
test must be used for the purpose of deciding whether an arrest should
be made under this section and whether to require the chemical tests
authorized in section 624.7143, but may not be used in any court action
except: (1) to prove that the test was
properly required of a person under section 624.7143, or (2) in a civil
action arising out of the use of the pistol. Following the preliminary screening test, additional tests
may be required of the person as provided under section 624.7143. A person who refuses a breath sample
is subject to the provisions of section 624.7143 unless, in compliance
with that section, the person submits to a blood, breath, or urine test
to determine the presence of alcohol or a controlled substance.
Subd. 4. [EVIDENCE.] In a prosecution for a
violation of subdivision 1, the admission of evidence of the amount of
alcohol or a controlled substance in the person's blood, breath, or
urine is governed by section 169A.45.
Subd. 5.
[SUSPENSION.] A person who is charged with a violation under
this section may have their authority to carry a pistol in a public
place on or about the person's clothes or person under the provisions of
a permit or otherwise suspended by the court as a condition of release.
Subd. 6.
[PENALTIES.] (a) A person who violates a prohibition under
subdivision 1, clauses (1) to (5), is guilty of a misdemeanor. A second or subsequent violation is a gross
misdemeanor.
(b) A person who violates subdivision 1, clause (6), is guilty
of a misdemeanor.
(c) In addition to the penalty imposed under paragraph (a),
if a person violates subdivision 1, clauses (1) to (5), the person's
authority to carry a pistol in a public place on or about the person's
clothes or person under the provisions of a permit or otherwise is
revoked and the person may not reapply for a period of one year from the
date of conviction.
(d) In addition to the penalty imposed under paragraph (b),
if a person violates subdivision 1, clause (6), the person's authority
to carry a pistol in a public place on or about the person's clothes or
person under the provisions of a permit or otherwise is suspended for
180 days from the date of conviction.
(e) Notwithstanding section 609.531, a firearm carried in
violation of subdivision 1, clause (6), is not subject to forfeiture.
Subd. 7.
[REPORTING.] Suspensions and revocations under this section
must be reported in the same manner as in section 624.714, subdivision
12a.
Sec. 29. [624.7143]
[CHEMICAL TESTING.]
Subdivision 1.
[MANDATORY CHEMICAL TESTING.] A person who carries a pistol in
a public place on or about the person's clothes or person is required,
subject to the provisions of this section, to take or submit to a test
of the person's blood, breath, or urine for the purpose of determining
the presence and amount of alcohol or a controlled substance. The test shall be administered at the
direction of an officer authorized to make arrests under section
624.7142. Taking or submitting to the
test is mandatory when requested by an officer who has probable cause
to believe the person was carrying a pistol in violation of section
624.7142, and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for
violating section 624.7142;
(2) the person has been involved while carrying a firearm
in a firearms-related accident resulting in property damage, personal
injury, or death;
(3) the person has refused to take the preliminary screening
test provided for in section 624.7142; or
(4) the screening test was administered and indicated an
alcohol concentration of 0.04 or more.
Subd. 2.
[PENALTIES; REFUSAL; REVOCATION.] (a) If a person refuses to
take a test required under subdivision 1, none must be given but the
officer shall report the refusal to the sheriff and to the authority
having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the incident occurred that gave rise to the test
demand and refusal. On certification
by the officer that probable cause existed to believe the person had
been carrying a pistol on or about the person's clothes or person in a
public place while under the influence of alcohol
or a controlled substance, and that the person refused to submit to
testing, a court may impose a civil penalty of $500 and may revoke the
person's authority to carry a pistol in a public place on or about the
person's clothes or person under the provisions of a permit or otherwise
for a period of one year from the date of the refusal. The person shall be accorded notice
and an opportunity to be heard prior to imposition of the civil penalty
or the revocation.
(b) Revocations under this subdivision must be reported in
the same manner as in section 624.714, subdivision 12a.
Subd. 3. [RIGHTS
AND OBLIGATIONS.] At the time a test is requested, the person must be
informed that:
(1) Minnesota law requires a person to take a test to determine
if the person is under the influence of alcohol or a controlled
substance;
(2) if the person refuses to take the test, the person is
subject to a civil penalty of $500 and is prohibited for a period of
one year from carrying a pistol in a public place on or about the
person's clothes or person, as provided under subdivision 2; and
(3) that the person has the right to consult with an attorney,
but that this right is limited to the extent it cannot unreasonably
delay administration of the test or the person will be deemed to have
refused the test.
Subd. 4.
[REQUIREMENT OF BLOOD OR URINE TEST.] Notwithstanding subdivision 1,
if there is probable cause to believe there is impairment by a
controlled substance that is not subject to testing by a breath test, a
blood or urine test may be required even after a breath test has been
administered.
Subd. 5.
[CHEMICAL TESTS.] Chemical tests administered under this
section are governed by section 169A.51 in all aspects that are not
inconsistent with this section.
Sec. 30.
[APPROPRIATION.]
$1,071,000 is appropriated in fiscal year 2004 and $119,000
is appropriated in fiscal year 2005 from the general fund to the commissioner
of public safety to implement the provisions of sections 1 to 29. The unencumbered balance in the first year
does not cancel but is available for the second year.
Sec. 31. [TEMPORARY FEE
PROVISION.]
Notwithstanding Minnesota Statutes, section 624.714, subdivision
3, paragraph (e), until July 1, 2004, the sheriff must submit $21.50 to
the commissioner of public safety for deposit into the general fund for
each permit application submitted under Minnesota Statutes, section
624.714.
Sec. 32. [GRANDFATHER
CLAUSE.]
Permits to carry pistols issued prior to the effective date
of sections 1 to 29 remain in effect and are valid under the terms of
issuance until the date of expiration applicable at the time of
issuance. However, a person holding a
permit that was issued prior to the effective date of sections 1 to 29
may nevertheless apply for a permit under the terms and conditions of
sections 1 to 29.
Sec. 33. [REVISOR'S
INSTRUCTION.]
In Minnesota Statutes, sections 624.713 to 624.717, the revisor
of statutes shall change the term "commissioner of public
safety" to "commissioner" wherever the term appears.
Sec. 34.
[REPEALER.]
Minnesota Statutes 2002, section 624.714, subdivisions 1
and 5, are repealed.
Sec. 35. [EFFECTIVE
DATE.]
Sections 1 to 34 are effective 30 days after final enactment
and apply to crimes committed on or after that date, except that the
commissioner of public safety must promulgate the list required under
section 21 within 60 days of final enactment. The database required by section 20 must be operational
within 180 days of the effective date."
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 283, A bill for an act relating to taxation;
individual income; providing an income tax checkoff to fund benefits for
survivors of law enforcement officers and firefighters and providing for
maintenance of peace officer and firefighter memorials; proposing coding for
new law in Minnesota Statutes, chapter 290.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Judiciary Policy and Finance.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 293, A bill for an act relating to municipalities;
allowing the prescribing of certain fees by a fee schedule; amending Minnesota
Statutes 2002, section 462.353, subdivision 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 462.353, subdivision 4, is amended to
read:
Subd. 4. [FEES.] A
municipality may prescribe fees sufficient to defray the costs incurred by it
in reviewing, investigating, and administering an application for an amendment
to an official control established pursuant to sections 462.351 to 462.364 or
an application for a permit or other approval required under an official control
established pursuant to those sections.
Except as provided in subdivision 4a, fees as prescribed must be
by ordinance and. Fees
must be fair, reasonable, and proportionate to the actual cost of the service
for which the fee is imposed. A
municipality shall adopt management and accounting procedures to ensure that
fees are maintained and used only for the purpose for which they are collected.
If a dispute arises over a specific fee imposed by a
municipality related to a specific application, the amount of the fee must be
deposited and held in escrow, and the person aggrieved by the fee may appeal
under section 462.361. An approved
application may proceed as if the fee had been paid, pending a decision on the appeal.
Sec. 2. Minnesota
Statutes 2002, section 462.353, is amended by adding a subdivision to read:
Subd. 4a. [FEE
SCHEDULE ALLOWED.] A municipality that collects an annual cumulative
total of $5,000 or less in fees under this section may prescribe the
fees or refer to a fee schedule in the ordinance governing the official
control or permit. A
municipality may adopt a fee schedule under this subdivision by
ordinance or resolution, either annually or more frequently, following
publication of notice of proposed action on a fee schedule at least ten
days prior to a public hearing held to consider action on or approval of
the fee schedule. A municipality
that collects a cumulative total in excess of $5,000 in fees under this
section may prescribe a fee schedule by ordinance by following the notice
and hearing procedures specified in this subdivision."
Amend the title as follows:
Page 1, line 4, before the period, insert ", by adding a
subdivision"
With the recommendation that when so amended the bill pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 389, A bill for an act relating to the city of
Minneapolis; providing for the establishment of certain positions in the
unclassified service of the city of Minneapolis by the Minneapolis city
council.
Reported the same back with the following amendments:
Page 1, line 9, delete "the Veterans Preference Act,"
With the recommendation that when so amended the bill pass.
The report was adopted.
Ozment from the Committee on Environment and Natural Resources
Finance to which was referred:
H. F. No. 414, A bill for an act relating to natural resources;
updating soil and water conservation district law; changing requirements for
petitions and elections relating to soil and water conservation districts;
allowing counties the option to authorize soil and water conservation district
levies; adding soil and water conservation districts to the definition of
special taxing district; clarifying removal provisions for soil and water
conservation district supervisors; amending Minnesota Statutes 2002, sections
103A.206; 103C.005; 103C.101, subdivisions 6, 9, by adding a subdivision;
103C.201, subdivisions 1, 2, 5, 6, 7, 8; 103C.205; 103C.211; 103C.225,
subdivisions 1, 3, 4, 8; 103C.305, subdivision 1; 103C.311, subdivisions 1, 2;
103C.315, subdivisions 1, 2, 4, 5; 103C.331, subdivisions 11, 12, 16, 19, by
adding a subdivision; 103C.401, subdivisions 1, 2; 275.066; 351.14, subdivision
5; proposing coding for new law in Minnesota Statutes, chapter 103C; repealing
Minnesota Statutes 2002, section 103C.301.
Reported the same back with the following amendments:
Page 17, delete section 27
Pages 18 to 20, delete section 30
Pages 22 and 23, delete section 33
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 5, delete everything after the semicolon
Page 1, delete lines 6 to 8
Page 1, line 17, delete "16,"
Page 1, line 18, delete "275.066;"
Page 1, delete line 19
Page 1, line 20, delete "chapter 103C;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Sykora from the Committee on Education Policy to which was
referred:
H. F. No. 476, A bill for an act relating to education;
enacting the American Heritage Education in Minnesota Public Schools Act;
proposing coding for new law in Minnesota Statutes, chapter 120B.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[120B.25] [AMERICAN HERITAGE EDUCATION.]
(a) School districts must develop and implement a policy of
grade-level instruction to assure the maintenance of freedom and encourage
and provide the opportunity for all students to read and study America's
founding documents that contribute to understanding the principles,
character, and world view of America's founders. The documents covered under this policy are
those that have contributed to the founding or maintaining of America's
republican form of limited government, natural law, the free-market
system, and patriotism. Districts must
allow a principal or teacher to use, read, or post in a public school
classroom or building or at a public school-sponsored event any document
or document excerpt, including a document or document excerpt that
contains religious content, related to the history, heritage, or
foundation of the country or Minnesota.
Examples of such documents include, but are not limited to:
(1) the Mayflower compact;
(2) the Declaration of Independence;
(3) the Constitutions of the United States and the
state of Minnesota;
(4) the Northwest Ordinance of 1787;
(5) the Federalist Papers;
(6) the Pledge of Allegiance in its original and current
forms;
(7) the national anthem and other patriotic songs;
(8) Patrick Henry's "give me liberty or give me
death" speech, Washington's farewell address to the nation,
Lincoln's Gettysburg address, and other writings such as those of George
Washington Carver, Phyllis Wheatley, Florence Nightingale, and Reverend
Doctor Martin Luther King Jr.;
(9) the acts and published records of Congress; and
(10) the United States Supreme Court decisions and records.
(b) Districts may not limit or restrain instruction in American
or Minnesota state history or heritage based on religious references in
documents, writings, speeches, proclamations, or records described under
paragraph (a). These and any
other materials must be used for educational purposes and not to
establish any religion.
(c) Students may voluntarily choose to read, write, share,
report, or otherwise study a topic which is religious in nature provided
other students are provided with the same opportunity to freely choose a
topic.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 2. [TITLE.]
Minnesota Statutes, section 120B.25, shall be known as the
"American Heritage Education in Minnesota Public Schools Act."
[EFFECTIVE DATE.] This
section is effective the day following final enactment."
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 505, A bill for an act relating to courts; allowing
for expungement of certain court records; amending Minnesota Statutes 2002,
section 484.014, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 484.014, subdivision 2, is amended to
read:
Subd. 2.
[DISCRETIONARY EXPUNGEMENT.] The court may order expungement of an
eviction case court file only upon motion of a defendant and decision by the
court, and only if the court finds makes an explicit written
finding that the plaintiff's case is sufficiently without basis in
fact or law, which may include lack of jurisdiction over the case, that
expungement is clearly in the interests of justice and those interests are not
outweighed by the public's interest in knowing about the record. A case's being stricken from the
calendar, dismissed or settled, or any agreement between the parties to
allow expungement are not determinative that the case was without basis
in fact or law."
With the recommendation that when so amended the bill pass.
The report was adopted.
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 517, A bill for an act relating to education;
renaming the department of children, families, and learning to department of
education; making conforming changes to reflect the department name change;
amending Minnesota Statutes 2002, sections 15.01; 119A.01, subdivision 2;
119A.02, subdivisions 2, 3; 119B.011, subdivisions 8, 10; 120A.02; 120A.05,
subdivisions 4, 7; 127A.05, subdivisions 1, 3; repealing Minnesota Statutes
2002, section 119A.01, subdivision 1.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 528, A bill for an act relating to emergency medical
services; permitting four-year contracts for emergency medical services;
modifying license plate provisions for volunteer ambulance attendants;
permitting certain ambulance services to make claims against tax refunds;
regulating use of police communication equipment; amending Minnesota Statutes
2002, sections 144E.50, subdivision 5; 168.12, subdivision 2e; 270A.03,
subdivision 2; 299C.37, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 144E.01, subdivision 1, is amended to
read:
Subdivision 1.
[MEMBERSHIP.] (a) The emergency medical services regulatory board
consists of the following members, all of whom must work in Minnesota, except
for the person listed in clause (14):
(1) an emergency physician certified by the American board of
emergency physicians;
(2) a representative of Minnesota hospitals;
(3) a representative of fire chiefs;
(4) a full-time firefighter who
serves as a first responder and who is a member of a professional
firefighter's union;
(5) a volunteer firefighter who serves as a first responder;
(6) an attendant currently practicing on a licensed ambulance
service who is a paramedic or an emergency medical technician;
(7) an ambulance director for a licensed ambulance service;
(8) a representative of sheriffs;
(9) a member of a local board of health to represent community
health services;
(10) two representatives of regional emergency medical services
programs, one of whom must be from the metropolitan regional emergency medical
services program;
(11) a registered nurse currently practicing in a hospital
emergency department;
(12) a pediatrician, certified by the American board of
pediatrics, with experience in emergency medical services;
(13) a family practice physician who is currently involved in
emergency medical services;
(14) a public member who resides in Minnesota and is at
least 65 years of age; and
(15) the commissioners of health and public safety or their
designees.
(b) The governor shall appoint members under paragraph
(a). Appointments under clauses (1) to
(9) and (11) to (13) are subject to the advice and consent of the senate. In making appointments under clauses (1) to
(9) and (11) to (13), the governor shall consider recommendations of the American
college of emergency physicians, the Minnesota hospital association, the
Minnesota and state fire chief's association, the Minnesota ambulance
association, the Minnesota emergency medical services association, the
Minnesota state sheriff's association, the association of Minnesota counties, the
Minnesota nurses association, and the Minnesota chapter of the academy of
pediatrics.
(c) No member appointed under paragraph (a) may serve
consecutive terms.
(d) At least seven members appointed under paragraph (a) must
reside outside of the seven-county metropolitan area, as defined in section
473.121.
Sec. 2. Minnesota
Statutes 2002, section 144E.27, subdivision 1, is amended to read:
Subdivision 1.
[TRAINING PROGRAMS.] Curriculum for initial and refresher training
programs must meet the current standards of the United States Department of
Transportation first responder curriculum or its equivalent as determined by
the board. A training program
instructor must be a first responder, EMT, EMT-I, EMT-P, physician,
physician assistant, or registered nurse.
Sec. 3. Minnesota
Statutes 2002, section 144E.27, subdivision 2, is amended to read:
Subd. 2.
[REGISTRATION.] To be eligible for registration with the
board as a first responder, an individual shall register the
following persons as first responders:
(1) a person who successfully
completes complete a board-approved initial or refresher
first responder training program.
Registration under this clause is valid for two years and expires at the
end of the month in which the registration was issued; or
(2) a person who is be credentialed as a first
responder by the National Registry of Emergency Medical Technicians. Registration
under this clause expires the same day as the National Registry credential.
Sec. 4. Minnesota
Statutes 2002, section 144E.27, subdivision 4, is amended to read:
Subd. 4. [EXPIRATION.] (a)
A first responder registration issued by the board or the commissioner of
health before August 1, 1997, expires in 1999 at the end of the month in
which it was issued. as follows:
(1) for initial registration granted between January 1 and
June 30 of an even-numbered year, the expiration date is September 30
of the next even-numbered year;
(2) for initial registration granted between July 1 and December
31 of an even-numbered year, the expiration date is September 30 of the
second odd-numbered year;
(3) for initial registration granted between January 1 and
June 30 of an odd-numbered year, the expiration date is September 30
of the next odd-numbered year; and
(4) for initial registration granted between July 1 and December
31 of an odd-numbered year, the expiration date is September 30 of the
second even-numbered year.
(b) Subsequent registration renewals expire on September 30
and are valid for two years.
Sec. 5. Minnesota
Statutes 2002, section 144E.286, is amended by adding a subdivision to read:
Subd. 3.
[EXAMINER QUALIFICATIONS.] An examiner testing EMT, EMT-I, or
EMT-P practical skills must be certified at or above the level the
examiner is testing or must be a registered nurse, physician, or
physician assistant. A physician must
be available to answer questions relating to the evaluation of skill
performance at the EMT-I and EMT-P practical examination.
Sec. 6. Minnesota
Statutes 2002, section 144E.305, subdivision 2, is amended to read:
Subd. 2. [MANDATORY
REPORTING.] (a) A licensee shall report to the board conduct by a first
responder, EMT, EMT-I, or EMT-P that they reasonably believe constitutes
grounds for disciplinary action under section 144E.27, subdivision 5, or
144E.28, subdivision 5. The licensee
shall report to the board within 60 days of obtaining knowledge of the
conduct constituting grounds for disciplinary action.
(b) A licensee shall report to the board any dismissal from
employment of a first responder, EMT, EMT-I, or EMT-P. A licensee shall report the resignation of a
first responder, EMT, EMT-I, or EMT-P before the conclusion of any disciplinary
proceeding or before commencement of formal charges but after the first
responder, EMT, EMT‑I, or EMT-P has knowledge that formal charges are
contemplated or in preparation. The
licensee shall report to the board within 60 days of the resignation or
initial determination to dismiss. An
individual's exercise of rights under a collective bargaining agreement
does not extend the licensee's time period for reporting under this
subdivision.
Sec. 7. Minnesota Statutes 2002, section 144E.41, is amended to read:
144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE PERSONNEL.]
(a) Persons eligible to participate in the ambulance service
personnel longevity award and incentive program are qualified ambulance service
personnel.
(b) Qualified ambulance service personnel are ambulance
attendants, ambulance drivers, and ambulance service medical directors or
medical advisors who meet the following requirements:
(1) employment of the person by or provision by the person of
service to an ambulance service that is licensed as such by the state of
Minnesota and that provides ambulance services that are generally available to
the public and are free of unfair discriminatory practices under chapter 363;
(2) performance by the person during the 12 months ending as of
the immediately previous June 30 of all or a predominant portion of the
person's services in the state of Minnesota or on behalf of Minnesota
residents, as verified by August 1 annually in an affidavit from the chief
administrative officer of the ambulance service;
(3) current certification of the person during the 12 months
ending as of the immediately previous June 30 by the Minnesota department of
health as an ambulance attendant, ambulance driver, or ambulance service
medical director or medical advisor under section 144E.265 or 144E.28, and
supporting rules, and current active ambulance service employment or service
provision status of the person, as verified by August 1 annually in an
affidavit from the chief administrative officer of the ambulance service; and
(4) conformance by the person with the definition of the phrase
"volunteer ambulance attendant" under section 144E.001, subdivision
15, except that for the salary limit specified in that provision there must be
substituted, for purposes of this section only, a limit of $3,000 for calendar
year 1993, and $3,000 multiplied by the cumulative percentage increase in the
national Consumer Price Index, all items, for urban wage earners and clerical
workers, as published by the federal Department of Labor, Bureau of Labor
Statistics, since December 31, 1993, and for an ambulance service medical
director, conformance based solely on the person's hourly stipends or salary
for service as a medical director.
(c) The term "active ambulance service employment or
service provision status" means being in good standing with and on the
active roster of the ambulance service making the certification.
(d) The maximum period of ambulance service employment or
service provision for which a person may receive credit towards an award under
this chapter, including prior service credit under section 144E.45, subdivision
2, paragraph (c), is 20 years.
(e) For a person who is employed by or provides service
to more than one ambulance service concurrently during any period during the
12-month period, credit towards an award under this chapter is limited to one
ambulance service during any period.
The creditable period is with the ambulance service for which the person
undertakes the greatest portion of employment or service hours.
Sec. 8. Minnesota
Statutes 2002, section 144E.50, subdivision 5, is amended to read:
Subd. 5.
[DISTRIBUTION.] Money from the fund shall be distributed according to
this subdivision. Ninety-three and
one-third percent of the fund shall be distributed annually on a contract for
services basis with each of the eight regional emergency medical services
systems designated by the board. Contracts
with the eight regional emergency medical services systems shall be for
four-year terms contingent upon appropriation of adequate funds. If the emergency medical services
regulatory board does not accept a contract proposal from a current
contract holder,
the board shall initiate a contested case proceeding under sections
14.57 to 14.69, at the request of the current contract holder. The systems shall be governed by a body
consisting of appointed representatives from each of the counties in that
region and shall also include representatives from emergency medical services
organizations. The board shall contract
with a regional entity only if the contract proposal satisfactorily addresses
proposed emergency medical services activities in the following areas: personnel training, transportation
coordination, public safety agency cooperation, communications systems
maintenance and development, public involvement, health care facilities
involvement, and system management. If
each of the regional emergency medical services systems submits a satisfactory
contract proposal, then this part of the fund shall be distributed evenly among
the regions. If one or more of the
regions does not contract for the full amount of its even share or if its
proposal is unsatisfactory, then the board may reallocate the unused funds to
the remaining regions on a pro rata basis.
Six and two-thirds percent of the fund shall be used by the board to
support regionwide reporting systems and to provide other regional
administration and technical assistance.
Sec. 9. Minnesota
Statutes 2002, section 270A.03, subdivision 2, is amended to read:
Subd. 2. [CLAIMANT
AGENCY.] "Claimant agency" means any state agency, as defined by
section 14.02, subdivision 2, the regents of the University of Minnesota, any
district court of the state, any county, any statutory or home rule charter
city presenting a claim for a municipal hospital or a public library or a
municipal an ambulance service licensed under chapter 144E, a
hospital district, a private nonprofit hospital that leases its building from
the county in which it is located, any public agency responsible for child
support enforcement, any public agency responsible for the collection of
court-ordered restitution, and any public agency established by general or
special law that is responsible for the administration of a low-income housing
program."
Delete the title and insert:
"A bill for an act relating to emergency medical services;
modifying provisions relating to emergency medical services; permitting
four-year contracts for emergency medical services; permitting certain
ambulance services to make claims against tax refunds; amending Minnesota
Statutes 2002, sections 144E.01, subdivision 1; 144E.27, subdivisions 1, 2, 4;
144E.286, by adding a subdivision; 144E.305, subdivision 2; 144E.41; 144E.50,
subdivision 5; 270A.03, subdivision 2."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 561, A bill for an act relating to commerce;
requiring uniform mandatory penalties against license holders and a licensee's
employees for sales to minors; providing for mitigating circumstances in
assessing penalties; amending Minnesota Statutes 2002, sections 461.12,
subdivision 2; 461.19; repealing Minnesota Statutes 2002, section 461.12,
subdivisions 2, 3.
Reported the same back with the following amendments:
Page 1, line 23, delete "must" and insert
"may"
Page 1, line 25, after "and" insert "up
to"
Page 3, delete section 3
Page 3, line 20, delete "4" and insert "3"
Amend the title as follows:
Page 1, line 7, delete "; repealing Minnesota
Statutes" and insert a period
Page 1, delete line 8
With the recommendation that when so amended the bill pass.
The report was adopted.
Davids from the Committee on Commerce, Jobs and Economic
Development to which was referred:
H. F. No. 606, A bill for an act relating to health; modifying
prior authorization requirements for health care services; establishing
requirements for provider contracting; modifying provisions for payment of
claims; regulating disclosure of profiling data; amending Minnesota Statutes
2002, sections 62M.07; 62Q.74; 62Q.75, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2002, section 62Q.745.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 62M.07, is amended to read:
62M.07 [PRIOR AUTHORIZATION OF SERVICES.]
(a) Utilization review organizations conducting prior
authorization of services must have written standards that meet at a minimum
the following requirements:
(1) written procedures and criteria used to determine whether
care is appropriate, reasonable, or medically necessary;
(2) a system for providing prompt notification of its
determinations to enrollees and providers and for notifying the provider,
enrollee, or enrollee's designee of appeal procedures under clause (4);
(3) compliance with section 62M.05, subdivisions 3a and 3b,
regarding time frames for approving and disapproving prior authorization
requests;
(4) written procedures for appeals of denials of prior
authorization which specify the responsibilities of the enrollee and provider,
and which meet the requirements of sections 62M.06 and 72A.285, regarding
release of summary review findings; and
(5) procedures to ensure confidentiality of patient-specific
information, consistent with applicable law.
(b) No utilization review organization, health plan
company, or claims administrator may conduct or require prior authorization of
emergency confinement or emergency treatment. The enrollee or the enrollee's
authorized representative may be required to notify the health plan company,
claims administrator, or utilization review organization as soon after the
beginning of the emergency confinement or emergency treatment as reasonably
possible.
(c) If prior authorization for a health care service is required,
the utilization review organization, health plan company, or claim
administrator must allow providers to submit requests for prior
authorization of such health care services without unreasonable delay by
telephone, facsimile, voice mail, or through an electronic mechanism 24
hours a day, seven days a week.
This paragraph does not apply to dental services covered under
MinnesotaCare, general assistance medical care, or medical assistance.
Sec. 2. [62Q.732]
[CITATION.]
Sections 62Q.732 to 62Q.752 may be cited as the
"Minnesota Health Plan Contracting Act."
Sec. 3. [62Q.733]
[DEFINITIONS.]
Subdivision 1.
[APPLICABILITY.] For purposes of sections 62Q.732 to 62Q.752,
the following definitions apply.
Subd. 2.
[CONTRACT.] "Contract" means a written agreement between
a health care provider and a health plan company to provide health care
services.
Subd. 3. [HEALTH
CARE PROVIDER OR PROVIDER.] "Health care provider" or
"provider" means a physician, chiropractor, dentist,
podiatrist, or other provider as defined under section 62J.03, other
than hospitals.
Subd. 4. [HEALTH
PLAN COMPANY.] (a) "Health plan company" means:
(1) a health maintenance organization operating under chapter
62D;
(2) a community integrated service network operating under
chapter 62N;
(3) a preferred provider organization as defined in section
145.61, subdivision 4c; or
(4) an insurance company licensed under chapter 60A, nonprofit
health service corporation operating under chapter 62C, fraternal
benefit society operating under chapter 64B, or any other entity that
establishes, operates, or maintains a health benefit plan or network of
health care providers where the providers have entered into a contract
with the entity to provide health care services.
(b) This subdivision does not apply to a health plan company
with respect to coverage described in section 62A.011, subdivision 3,
clauses (1) to (5) and (7) to (12).
Subd. 5. [FEE
SCHEDULE.] "Fee schedule" means the total expected
financial compensation paid to a health care provider for providing a
health care service as determined by the contract between the health
plan company and the provider, inclusive of withhold amounts and any
amount for which the patient or other third party may be obligated to
pay under the contract.
Sec. 4. [62Q.734]
[EXEMPTION.]
Sections 62Q.735 to 62Q.739, 62Q.74, and 62Q.752 do not apply
to health plan companies whose annual Minnesota health premium revenues
are less than three percent of the total annual Minnesota health premium
revenues, as measured by the assessment base of the Minnesota
comprehensive health association. For
purposes of this percentage calculation, a health plan company's premiums
include the Minnesota health premium revenues of its affiliates.
Sec. 5. [62Q.735]
[PROVIDER CONTRACTING PROCEDURES.]
Subdivision 1.
[CONTRACT DISCLOSURE.] (a) Before requiring a health care
provider to sign a contract, a health plan company shall give to the
provider a complete copy of the proposed contract, including:
(1) all attachments and exhibits;
(2) operating manuals;
(3) a general description of the health plan company's health
service coding guidelines and requirements for procedures and diagnoses
with modifiers, and multiple procedures; and
(4) all guidelines and treatment parameters incorporated or
referenced in the contract.
(b) The health plan company shall make available to the provider
the fee schedule or a method or process that allows the provider to
determine the fee schedule for each health care service to be provided under
the contract.
(c) Notwithstanding paragraph (b), a health plan company
that is a dental plan organization, as defined in section 62Q.76,
shall disclose information related to the individual contracted
provider's expected reimbursement from the dental plan
organization. Nothing in this section
requires a dental plan organization to disclose the plan's aggregate
maximum allowable fee table used to determine other providers' fees. The contracted provider must not release
this information in any way that would violate any state or federal
antitrust law.
Subd. 2.
[PROPOSED AMENDMENTS.] (a) Any amendment or change in the
terms of an existing contract between a health plan company and a
provider must be disclosed to the provider at least 45 days prior to the
effective date of the proposed change, with the exception of amendments
required of the health plan company by law or governmental regulatory
authority, when notice shall be given to the provider when the
requirement is made known to the health plan company.
(b) Any amendment or change in the contract that alters the
fee schedule or materially alters the written contractual policies
and procedures governing the relationship between the provider and the
health plan company must be disclosed to the provider not less than 45
days before the effective date of the proposed change and the provider
must have the opportunity to terminate the contract before the amendment
or change is deemed to be in effect.
(c) By mutual consent, evidenced in writing in amendments
separate from the base contract and not contingent on participation,
the parties may waive the disclosure requirements under paragraphs (a)
and (b).
(d) Notwithstanding paragraphs (a) and (b), the effective
date of contract termination shall comply with the terms of the contract
when a provider terminates a contract.
Sec. 6. [62Q.736]
[PAYMENT RATES.]
A contract between a health plan company and a provider shall
comply with section 62A.64.
Sec. 7. [62Q.737]
[SERVICE CODE CHANGES.]
(a) For purposes of this section, "service code"
means current procedural terminology (CPT), current dental terminology
(CDT), ICD-CM, diagnosis-related groups (DRGs), or other coding system.
(b) The health plan company shall determine the manner in
which it adjudicates claims. The
provider may request a description of the general coding guidelines
applicable to the health care services the provider is reasonably
expected to render pursuant to the contract. The health plan company or its designee shall provide the
coding guidelines not later than 30 days after the date the health plan
receives the request. The health
plan company shall provide notice of material changes to the coding
guidelines not later than 45 days prior to the date the changes take
effect and shall not make retroactive revision to the coding guidelines,
but may issue new guidelines. A provider
who receives information under this section may use or disclose the
information only for the purpose of practice management, billing activities,
or other business operations and may not disclose the information to
third parties without the consent of the health plan company.
(c) The health plan company may correct an error in a submitted
claim that prevents the claim from being processed, provided that the
health plan company:
(1) notifies the provider of the change and reason for the
change according to federal HIPAA transaction standards; and
(2) offers the provider the opportunity to appeal any changes.
(d) Nothing in this section shall be interpreted to require
a health plan company to violate copyright or other law by disclosing
proprietary licensed software. In
addition to the above, the health plan company shall, upon request of a
contracted provider, disclose the name, edition, and model version of
the software that the health plan company uses to determine bundling and
unbundling of claims.
(e) This section does not apply to government programs, including
state public programs, Medicare, and Medicare-related coverage.
Sec. 8. [62Q.739]
[UNILATERAL TERMS PROHIBITED.]
(a) A contract between a health plan company and a health
care provider shall not contain or require unilateral terms regarding
indemnification or arbitration.
Notwithstanding any prohibitions in this section, a contract
between a health plan company and a health care provider may be
unilaterally terminated by either party in accordance with the terms of
the contract.
(b) A health plan company may not terminate or fail to renew
a health care provider's contract without cause unless the company has
given the provider a written notice of the termination or nonrenewal 120
days before the effective date.
Sec. 9. Minnesota
Statutes 2002, section 62Q.74, is amended to read:
62Q.74 [NETWORK SHADOW CONTRACTING.]
Subdivision 1.
[DEFINITIONS.] (a) For purposes of this section, the terms
defined in this subdivision have the meanings given.
(b) "category of coverage" means one of the
following types of health-related coverage:
(1) health;
(2) no-fault automobile medical benefits; or
(3) workers' compensation medical benefits.
(c) "Health care provider" or "provider"
means an individual licensed, registered, or regulated by the board of medical
practice under chapter 147, a chiropractor licensed under sections 148.01 to
148.106, a dentist licensed under chapter 150A, or a hospital licensed under
chapter 144.
(d) "Network organization" means a preferred
provider organization as defined in section 145.61, subdivision 4c; a managed
care organization as defined in section 62Q.01, subdivision 5; or other entity
that uses or consists of a network of health care providers.
Subd. 2. [PROVIDER
CONSENT REQUIRED.] (a) No network organization health plan company
shall require a health care provider to participate in a network under a
category of coverage that differs from the category or categories of coverage
to which the existing contract between the network organization health
plan company and the provider applies, without the affirmative consent of
the provider obtained under subdivision 3.
(b) This section does not apply to situations in which the
network organization wishes No health plan company shall require,
as a condition of participation in any health plan, product, or other
arrangement, the provider to participate in a new or different health
plan, product, or other arrangement within a category of coverage that is
already provided for in an existing contract between the network organization
and the provider results in a different underlying financial reimbursement
methodology without the affirmative consent of the provider obtained
under subdivision 3. This paragraph
does not apply to participation in health plan products or other arrangements
that provide health care services to government programs, including
state public programs, Medicare, and Medicare-related coverage.
(c) Compliance with this section may not be waived in a
contract or otherwise.
Subd. 3. [CONSENT
PROCEDURE.] (a) The network organization health plan company, if
it wishes to apply an existing contract with a provider to a different category
of coverage or health plan, product, or other arrangement within a
category of coverage that results in a different underlying financial
reimbursement methodology, shall first notify the provider in
writing. The written notice must
include at least the following:
(1) the network organization's health plan company's
name, address, and telephone number, and the name of the specific network, if
it differs from that of the network organization health plan company;
(2) a description of the proposed new category of coverage or
health plan, product, or other arrangement within a category of coverage;
(3) the names of all payers expected
by the network organization health plan company to use the
network for the new category of coverage or health plan, product, or other
arrangement within a category of coverage;
(4) the approximate number of current enrollees of the network
organization health plan company in that category of coverage or
health plan, product, or other arrangement within a category of coverage
within the provider's geographical area;
(5) a disclosure of all contract terms of the proposed new
category of coverage or health plan, product, or other arrangement
within a category of coverage, including the discount or reduced fees, care
guidelines, utilization review criteria, prior notification process,
prior authorization process, and dispute resolution process;
(6) a form for the provider's convenience in accepting or
declining participation in the proposed new category of coverage or health
plan, product, or other arrangement within a category of coverage,
provided that the provider need not use that form in responding; and
(7) a statement informing the provider of the provisions of
paragraph (b).
(b) Unless the provider has affirmatively agreed to participate
within 60 days after the postmark date of the notice, the provider is
deemed to have not accepted the proposed new category of coverage or health
plan, product, or other arrangement within a category of coverage that
results in a different underlying financial reimbursement methodology.
Subd. 4. [CONTRACT
TERMINATION RESTRICTED.] A network organization health plan company
must not terminate an existing contract with a provider, or fail to honor the
contract in good faith, based solely on the provider's decision not to accept a
proposed new category of coverage or health plan, product, or other
arrangement within a category of coverage that results in a different
underlying financial reimbursement methodology. The most recent agreed-upon contractual obligations remain in
force until the existing contract's renewal or termination date.
Subd. 5. [REMEDY.] If a
network organization health plan company violates this
section by reimbursing a provider as if the provider had agreed under this
section to participate in the network under a category of coverage or health
plan, product, or other arrangement within a category of coverage that
results in a different underlying financial reimbursement methodology
to which the provider has not agreed, the provider has a cause of action
against the network organization health plan company to recover
two times the difference between the reasonable charges for claims affected by
the violation and the amounts actually paid to the provider. The provider is also entitled to recover
costs, disbursements, and reasonable attorney fees.
Sec. 10. Minnesota
Statutes 2002, section 62Q.75, subdivision 2, is amended to read:
Subd. 2. [CLAIMS
PAYMENTS.] (a) This section applies to clean claims submitted to a health plan
company or third-party administrator for services provided by any:
(1) health care provider, except a provider licensed under
chapter 151;
(2) home health care provider, as defined in section 144A.43,
subdivision 4; or
(3) health care facility.
All health plan companies
and third-party administrators must pay or deny claims that are clean claims
within 30 calendar days after the date upon which the health plan company or
third-party administrator received the claim.
(b) The health plan company or
third-party administrator shall, upon request, make available to the
provider information about the status of a claim submitted by the
provider consistent with section 62J.581.
(c) If a health plan company or third-party
administrator does not pay or deny a clean claim within the period provided in
paragraph (a), the health plan company or third-party administrator must pay
interest on the claim for the period beginning on the day after the required
payment date specified in paragraph (a) and ending on the date on which the
health plan company or third-party administrator makes the payment or denies
the claim. In any payment, the health
plan company or third-party administrator must itemize any interest payment
being made separately from other payments being made for services
provided. The health plan company or
third-party administrator may, at its discretion, require the health care
provider to bill the health plan company or third-party administrator for the
interest required under this section before any interest payment is made. Interest
payments must be made to the health care provider no less frequently
than quarterly.
(c) (d) The rate of interest paid by a health
plan company or third-party administrator under this subdivision shall be 1.5
percent per month or any part of a month.
(d) (e) A health plan company or third-party
administrator is not required to make an interest payment on a claim for which
payment has been delayed for purposes of reviewing potentially fraudulent or
abusive billing practices.
(e) The commissioner may not assess a financial
administrative penalty against a health plan company for violation of this
subdivision.
(f) The commissioner may assess a financial administrative
penalty against a health plan company for violation of this subdivision
when there is a pattern of abuse that demonstrates a lack of good faith
effort and a systematic failure of the health plan company to comply
with this subdivision.
Sec. 11. [62Q.752]
[DISCLOSURE OF PROFILING DATA.]
Subdivision 1.
[DISCLOSURE.] Before releasing provider identifiable profiling
data to consumers or health plan members, health plan companies shall
provide a provider with an opportunity to review the provider's
identifiable data and a summary describing the underlying analysis and
methodology. A provider shall be
given 30 days after receipt of the identifiable data and summary to
comment. This subdivision does not
apply to the release of provider-identifiable data to plan sponsors,
group purchasers, or government agencies.
Subd. 2.
[RELEASE OF DATA; APPEAL.] Before a health plan company or
health plan sponsor may release any data covered by this section, the
health plan company or plan sponsor must provide the subject of the data
the opportunity to provide the health plan company or plan sponsor with
information supporting or critical to the methodology procedure or
information utilized in assembling the data to be released. The health plan company or plan
sponsor must consider any information provided by the data subject and
provide a written response to the data subject before releasing the
data. A health plan company or plan
sponsor must provide the subject of the data with a timely appeal
process if the subject of the data, after receiving the health plan
company or plan sponsor's written response, continues to contest the
methodology, procedure, or information utilized by the health plan company
or plan sponsor.
Subd. 3. [DENTAL
PROFILING.] Utilization profiling conducted by a dental plan
organization is not affected by this section but is subject to section
62Q.78.
Sec. 12. [REPEALER.]
Minnesota Statutes 2002, section 62Q.745, is repealed.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 12 are effective July 1, 2003."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 643, A bill for an act relating to motor vehicles;
modifying definition of registered owner of motor vehicle; regulating temporary
registration permits for vehicles; modifying registration renewal notice
procedures; modifying procedures relating to vehicle transactions with dealers;
clarifying regulatory responsibilities for vehicle insurance; requiring trucks
weighing over 10,000 pounds to submit to weighing; modifying provisions
governing expiration dates for drivers' licenses and identification cards;
making clarifying changes; amending Minnesota Statutes 2002, sections 168.011,
subdivision 5a; 168.09, subdivision 7; 168.11, subdivision 3; 168.187, by
adding a subdivision; 168A.11; 169.798, subdivision 1; 169.85, subdivision 1;
171.07, subdivision 4; 171.27.
Reported the same back with the following amendments:
Page 4, line 10, reinstate "need" and delete
"shall"
Page 5, line 3, delete "shall" and insert
"may"
Page 5, line 7, after "time" insert "that
is titled or registered in Minnesota"
With the recommendation that when so amended the bill pass.
The report was adopted.
Abrams from the Committee on Taxes to which was referred:
H. F. No. 646, A bill for an act relating to gambling; state
lottery; providing for gaming machines; establishing horse racing purse
payments; requiring a report; amending Minnesota Statutes 2002, sections
240.13, by adding a subdivision; 299L.07, subdivisions 2, 2a; 340A.410, subdivision
5; 349A.01, subdivision 10, by adding subdivisions; 349A.10, subdivision 3;
349A.13; 541.20; 541.21; 609.75, subdivision 3; 609.761, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 297A; 349A.
Reported the same back with the following amendments:
Page 2, line 12, after "by" insert "(1)
until June 30, 2005, 51 percent, (2) from July 1, 2005 to June 30, 2007,
34 percent, and (3) on and after July 1, 2007,"
Page 7, line 15, delete "45
percent" and insert "the following percentages"
Page 7, line 16, after "revenue" insert ";
(1) until June 30, 2005, 34 percent, (2) from July 1, 2005, to
June 30, 2007, 51 percent, and (3) on and after July 1, 2007,
45 percent"
With the recommendation that when so amended the bill be
re-referred to the Committee on Ways and Means without further recommendation.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 676, A bill for an act relating to mental health;
clarifying that persons who are voluntary patients for treatment of a mental
illness are not subject to civil commitment; amending Minnesota Statutes 2002,
sections 253B.04, subdivision 1; 253B.05, subdivision 3.
Reported the same back with the following amendments:
Page 2, line 18, delete "accepting" and insert
"participating in"
Page 2, line 24, delete "accepting" and insert
"participating in" and delete "reasonable"
and insert "appropriate" and after "treatment"
insert ", including clinically appropriate and lawful use of
neuroleptic medication and electroconvulsive therapy"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 687, A bill for an act relating to utilities;
requiring at least two members of the public utilities commission to be from
outside the metropolitan area; amending Minnesota Statutes 2002, section
216A.03, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 17, after the period, insert "Of these two
commissioners, at least one must be domiciled outside a city of the
first or second class, as defined in section 410.01, at the time of
initial appointment."
Page 2, after line 5, insert:
"Sec. 2. [UTILITY
REGULATORY REVIEW; RURAL CONCERNS.]
(a) The chair of the public utilities commission and the
commissioner of commerce shall jointly review the organizational structure
and regulatory procedures by which energy and telecommunications service
providers are regulated by the state. By January 15, 2004, the chair and
the commissioner shall issue a report on that review to the chairs of the house and senate
committees with jurisdiction over utility regulation, and shall include
recommendations for executive and legislative action to ensure the state
has the most representative, cost-effective, and efficient utility
regulatory system possible.
(b) A primary focus of this review must be to consider and
make recommendations for actions that could be taken to ensure the
utility regulatory structure and process takes into account the issues
and concerns of rural and center city service providers, residents, and
businesses. Items for consideration
must include:
(1) requiring the commission to hold hearings in rural Minnesota,
both on a regular basis and when an issue of special concern to rural
Minnesota is before the commission; and
(2) the establishment of a screening process for applicants
for the public utilities commission to demonstrate their understanding
and experience with regard to rural and center city utility service
issues.
Sec. 3. [EFFECTIVE
DATE.]
Section 1 is effective June 30, 2004. Section 2 is effective the day
following final enactment."
Amend the title as follows:
Page 1, line 4, after the semicolon, insert "requiring
utility regulatory review and report;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 730, A bill for an act relating to real property;
statutory home warranties; amending the exclusions for liability of the vendor
and home improvement contractor; specifying limitation of actions based on
breach; amending Minnesota Statutes 2002, sections 327A.03; 541.051,
subdivision 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 327A.02, is amended by adding a
subdivision to read:
Subd. 4. [ACTION
ALLOWED; LIMITATION.] An owner or vendee has one year following the
expiration of each of the warranty periods provided in subdivisions 1
and 3, to discover a defect which has occurred within the warranty
period. Notwithstanding any law
to the contrary, no action under this section may be brought more than
three years after the expiration of each of the warranty periods provided
in subdivisions 1 and 3."
Delete the title and insert:
"A bill for an act relating to real property; statutory
warranties; specifying limitation of certain actions and providing for a
discovery period of defects; amending Minnesota Statutes 2002, section 327A.02,
by adding a subdivision."
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 772, A bill for an act relating to agriculture;
eliminating the expiration date for the Minnesota agriculture education
leadership council; repealing Minnesota Statutes 2002, section 41D.01,
subdivision 4.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:
"Section 1.
Minnesota Statutes 2002, section 41D.01, subdivision 4, is amended to
read:
Subd. 4. [EXPIRATION.]
This section expires on June 30, 2003 2006."
Amend the title as follows:
Page 1, line 2, delete "eliminating" and insert
"extending"
Page 1, line 4, delete "repealing" and insert
"amending"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Higher Education Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 793, A bill for an act relating to public employees;
instituting a freeze on salaries and wage rates for government employees.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[SALARY FREEZE.]
Subdivision 1.
[SALARY INCREASES PROHIBITED.] (a) From the effective date of
this section through June 30, 2005, a state employer must not increase
the rate of salary or wages for any employee. This section prohibits any increase including, but not
limited to, across-the-board increases, cost of living adjustments,
increases based on longevity, increases as a result of step and lane
changes, increases in the form of lump-sum payments, increases in
employer contributions to deferred compensation plans, or any other pay
grade adjustments of any kind.
For purposes of this section, salary or wages does not include
employer contributions toward the cost of medical or dental insurance
premiums provided that employee contributions to the costs of medical or
dental insurance premiums are not decreased.
(b) This section does not prohibit an increase in the rate
of salary and wages for an employee who is promoted or transferred to
a position that the employer determines has greater job
responsibilities.
(c) Notwithstanding any law to the contrary, the terms
of a collective bargaining agreement in effect on June 30, 2003,
may not be extended after that date if the extension would increase a
salary in a manner prohibited by this section.
Subd. 2. [FUTURE
CONTRACTS.] A contract or collective bargaining agreement or
compensation plan entered into after June 30, 2005, must not provide a
retroactive salary, or wage increase that applies to a period before
June 30, 2005, if that increase would be prohibited by this section if
granted before June 30, 2005.
Subd. 3.
[ARBITRATION AND STRIKES.] Notwithstanding any law to the
contrary:
(1) an employee may not legally strike due to a state employer's
refusal to grant a salary or wage increase if the refusal is required to
comply with this section; and
(2) neither a state employer nor an exclusive representative
may request interest arbitration in relation to an increase in the rate
of salary or wages that is prohibited by this section, and an arbitrator
may not issue an award that would increase salary or wages in a manner
prohibited by this section.
Subd. 4. [DEFINITIONS.]
For purposes of this section:
(1) "state employer" means an appointing authority
in the executive, legislative, or judicial branches as defined in Minnesota
Statutes, section 43A.02, subdivisions 5, 22, 25, and 27; and
(2) "employee" has the meaning given in Minnesota
Statutes, section 43A.02, subdivision 21.
Subd. 5.
[RELATION TO OTHER LAW.] This section supersedes Minnesota
Statutes, chapter 179A, and any other law to the contrary. It is not an unfair labor practice under
Minnesota Statutes, chapter 179A, for a state employer to take any
action required to comply with this section.
Sec. 2. [UNIVERSITY OF
MINNESOTA; SALARY AND WAGE RATE FREEZE RECOMMENDED.]
The legislature strongly recommends that the University of
Minnesota comply with section 1 as if it were defined as a state employer
under that section.
Sec. 3. [EFFECTIVE
DATE.]
Sections 1 and 2 are effective July 1, 2003."
Amend the title as follows:
Page 1, line 2, delete "public" and insert
"state"
Page 1, line 3, delete "government" and insert
"state"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 810, A bill for an act relating to state lands;
providing for certain state land acquisition; modifying the Mississippi
whitewater trail; modifying provisions of the outdoor recreation system; establishing
a mineral coordinating committee; adding to and deleting from state parks,
state recreation areas, state forests, and wildlife management areas;
authorizing public and private sales and conveyances of certain state lands;
requiring certain land exchanges; amending Minnesota Statutes 2002, sections
85.013, subdivision 1; 85.0156, subdivision 1; 86A.04; proposing coding for new
law in Minnesota Statutes, chapter 93.
Reported the same back with the following amendments:
Page 3, after line 31, insert:
"Sec. 5.
[GREENLEAF LAKE STATE PARK.]
Subdivision 1.
[85.012] [Subd. 24b.] [GREENLEAF LAKE STATE PARK, MEEKER COUNTY.] Greenleaf
Lake state park is established in Meeker county.
Subd. 2.
[BOUNDARIES.] The following described lands are added to
Greenleaf Lake state park, all in Township 118 North, Range 30 West,
Meeker county:
(1) all of Government Lots 1 and 2, the East Half of the
South 23.61 acres of Government Lot 3, and Government Lot 4, excepting
that part described as follows: Beginning at a point 109 feet South of a point on the
section line which is 4301.5 feet East of the northwest corner of
Section 20; thence in a southwesterly direction South 14 degrees 36
seconds West 403.0 feet; thence in a southeasterly direction South 75
degrees 24 minutes East 402 feet, to a point on the meandered line of
Sioux Lake; thence in a northeasterly direction along the meandered line
North 14 degrees 36 minutes East 553 feet; thence in a southwesterly
direction along the meandered line South 84 degrees 00 minutes West 431
feet, to the point of beginning, said exception containing 4.4 acres
more or less; all in Section 20;
(2) all of Government Lot 2, the Southeast Quarter except
that described as follows: Beginning
at the northeast corner of said Southwest Quarter of the Southeast
Quarter; thence on an assumed bearing of South 0 degrees 08 minutes 46
seconds West, along the east line of said Southwest Quarter of the
Southeast Quarter, a distance of 306.24 feet; thence on a bearing of
North 84 degrees 17 minutes 23 seconds West, 628.50 feet; thence on a
bearing of North 0 degrees 08 minutes 46 seconds East, 338.05 feet;
thence on a bearing of South 86 degrees 08 minutes East, 626.86 feet to
the east line of the Northwest Quarter of the Southeast Quarter; thence
on a bearing of South 0 degrees 08 minutes 46 seconds West, along last
said line, 52.07 feet to the point of beginning. Containing 2.5 acres, more or less. Subject
to the rights of the public in County Road No. 172; and excepting the north
nine and eighty-four hundredths (9.84) acres of the Southeast Quarter of
the Southeast Quarter described as follows: Beginning at the northeast corner of the Southeast Quarter
of the Southeast Quarter and running; thence West nineteen and
ninety-two hundredths chains (19.92) to the 1/16 section corner; thence
South on the 1/16 section line four and sixty-four hundredths (4.64)
chains; thence East nineteen and ninety-three hundredths (19.93) chains
to the section line; thence North on section line five and twenty-four
hundredths (5.24) chains to the place of beginning; all in Section 21;
(3) the Northeast Quarter of the Northeast Quarter, the Northwest
Quarter of the Northeast Quarter, the Northeast Quarter of the Northwest
Quarter, and the Northwest Quarter of the Northwest Quarter, all in
Section 28;
(4) all of Section 29, except that part of Government Lot 4
bounded by the following described lines:
Beginning at a point of intersection with the center line of
County Road No. 169 and the north line of said Section 29; thence North
90 degrees 00 minutes East, 994.8 feet along the north line of said
Section 29; thence South 00 degrees 00 minutes West, 17.9 feet; thence
South 75 degrees 28 minutes West, 1051.4 feet, to the center line of
County Road No. 169; thence North 04 degrees 39 minutes East, 282.7 feet
along the center line of County Road No. 169 to the point of
beginning: Including all riparian
rights to the contained 3.4 acres more or less and subject to existing
road easements; all in Section 29;
(5) the Southeast Quarter of the Southeast Quarter, the Northeast
Quarter of the Southeast Quarter, the Southeast Quarter of the Northeast
Quarter, and the Northeast Quarter of the Northeast Quarter, all in
Section 30; and
(6) the West 15 acres of the Northwest Quarter of the Northwest
Quarter of Section 32."
Page 9, line 19, delete "21" and insert "22"
Page 21, after line 14, insert:
"Sec. 25. [PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING 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 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 for a consideration of taxes due on the property and any
penalties, interest, and costs.
(c) The land to be sold is located in St. Louis county and
is described as: Lots 54 and 55,
Lake Nichols, town of Northland (parcel code 490-0020-00560).
(d) The county has determined that the county's land management
interests would best be served if the lands were returned to private
ownership."
Page 24, line 1, delete "27" and insert "29"
Page 24, line 5, delete "13 and 25" and insert
"14 and 27"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, before "adding" insert "establishing
a new state park;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on
Environment and Natural Resources Policy to which was referred:
H. F. No. 850, A bill for an act relating to natural resources;
requiring the commissioner of natural resources to enter into an agreement for
local management of the Rush river wayside unit of the Minnesota Valley state
recreation area.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[DELETIONS FROM MINNESOTA VALLEY STATE RECREATION AREA.] [85.013] [Subd.
17a.] [MINNESOTA VALLEY STATE RECREATION AREA; SIBLEY COUNTY.] The following
areas are deleted from the Minnesota Valley state recreation area,
Sibley county:
(1) Tract 43 (Sibley County to the State of Minnesota; 160
acres, more or less) Southeast
Quarter (SE1/4) of Section Fifteen (15), Township One Hundred Twelve
(112) North, of Range Twenty-Six (26) West;
(2) Tract 89 (Nagel to the State of Minnesota; 45.7 acres,
more or less) The West One-half of
the Northeast Quarter of the Northwest Quarter (W1/2 NE1/4 NW1/4),
Section Twenty-three (23), Township One Hundred Twelve (112) North,
Range Twenty-six (26) West;
(3) The South One-half of the North One-half of the Northeast
Quarter (S1/2 N1/2 NE1/4), except the East 960 feet thereof, Section
Twenty-three (23), Township One Hundred Twelve (112) North, Range
Twenty-six (26) West;
(4) Tract 90 (Nagel to the State of Minnesota; 20 acres,
more or less) The East One-half of
the Northeast Quarter of the Northwest Quarter (E1/2 NE1/4 NW1/4),
Section Twenty-three (23), Township One Hundred Twelve (112) North,
Range Twenty-six (26) West; and
(5) Tract 91 (Nagel to the State of Minnesota; 60 acres,
more or less) Southwest Quarter of
the Southwest Quarter (SW1/4 SW1/4), Section Fourteen (14), Township One
Hundred Twelve (112) North, Range Twenty-six (26) West, and the East
One-half of the Northwest Quarter of the Northwest Quarter (E1/2 NW1/4
NW1/4), Section Twenty-three (23), Township One Hundred Twelve (112)
North, Range Twenty-six (26) West, containing 60 acres, more or less.
Sec. 2. [CONVEYANCE OF
LAND; SIBLEY COUNTY.]
(a) The commissioner of natural resources shall convey to
Sibley county for no consideration the lands described in section 1,
upon receipt of a resolution requesting the conveyance from Sibley
county.
(b) The conveyance must be in a form approved by the attorney
general and provide that the land reverts to the state if the owner does
not keep it open to the general public, provided that the owner may
manage the land in the manner it deems appropriate, including charging a
fee for use of the land or certain services, and contracting with a
private nonprofit organization for management of the park.
Sec. 3. [EFFECTIVE
DATE.]
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to natural resources;
providing for a land conveyance in Sibley county."
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 852, A bill for an act relating to commerce; regulating
motor vehicle retail installment sales; amending Minnesota Statutes 2002,
sections 168.66, subdivision 14; 168.71, subdivision 2; 168.75.
Reported the same back with the following amendments:
Page 1, after line 6, insert:
"Section 1. Minnesota
Statutes 2002, section 47.59, subdivision 4a, is amended to read:
Subd. 4a. [FINANCE
CHARGE FOR MOTOR VEHICLE RETAIL INSTALLMENT SALES.] A retail installment
contract evidencing the retail installment sale of a motor vehicle as defined
in section 168.66 is subject to the finance charge limitations in paragraphs
(a) and (b).
(a) The finance charge authorized by this subdivision in a
retail installment sale may not exceed the following annual percentage rates applied
to the principal balance determined in the same manner as in section
168.71, subdivision 2, clause (5):
(1) Class 1. A motor
vehicle designated by the manufacturer by a year model of the same or not more
than one year before the year in which the sale is made, 18 percent per year.
(2) Class 2. A motor
vehicle designated by the manufacturer by a year model of two to three years
before the year in which the sale is made, 19.75 percent per year.
(3) Class 3. Any motor
vehicle not in Class 1 or Class 2, 23.25 percent per year.
(b) A sale of a manufactured home made after July 31, 1983, is
governed by this subdivision for purposes of determining the lawful finance
charge rate, except that the maximum finance charge for a Class 1 manufactured
home may not exceed 14.5 percent per year.
A retail installment sale of a manufactured home that imposes a finance
charge that is greater than the rate permitted by this subdivision is lawful
and enforceable in accordance with its terms until the indebtedness is fully
satisfied if the rate was lawful when the sale was made."
Page 1, line 7, delete "Section 1." and insert
"Sec. 2."
Page 1, line 23, delete "2" and insert "3"
Page 3, line 2, delete "3" and insert "4"
Page 5, line 3, after "2" insert "or 3"
Page 5, line 35, after "2"
insert "or 3"
Page 6, line 24, delete "4" and insert "5"
Page 6, line 25, delete "and 2" and insert
"to 3"
Page 6, line 26, delete "3" and insert "4"
Amend the title as follows:
Page 1, line 4, after "sections" insert "47.59,
subdivision 4a;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 859, A bill for an act relating to natural resources;
modifying provisions for the sale of state timber; providing criminal
penalties; amending Minnesota Statutes 2002, sections 90.01, by adding a
subdivision; 90.101; 90.121; 90.14; 90.151, subdivisions 1, 2; 90.161,
subdivision 1; 90.173; 90.191, subdivisions 3, 4; 90.251, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 90.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 864, A bill for an act relating to higher education;
making changes to the higher education services office; amending Minnesota
Statutes 2002, sections 136A.03; 136A.031, subdivisions 2, 5; repealing
Minnesota Statutes 2002, sections 15A.081, subdivision 7b; 136A.011; 136A.031,
subdivisions 1, 3, 4; 136A.07.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Higher Education Finance.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 865, A bill for an act relating to health; modifying
provisions relating to the board of psychology; amending Minnesota Statutes
2002, sections 13.383, subdivision 8; 148.89, subdivision 5; 148.925,
subdivision 1; 148.941, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 148.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Dempsey from the Committee on Local
Government and Metropolitan Affairs to which was referred:
H. F. No. 873, A bill for an act relating to counties; changing
certain auditing requirements; amending Minnesota Statutes 2002, sections 6.48;
6.49; 6.54; 6.55; 6.64; 6.65; 6.66; 6.67; 6.68, subdivision 1; 6.70; 6.71.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 885, A bill for an act relating to health; exempting
certain food establishments from certain equipment design and construction
rules; amending Minnesota Statutes 2002, section 157.011, by adding a
subdivision.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 892, A bill for an act relating to
telecommunications; deregulating independent telephone companies; amending
Minnesota Statutes 2002, section 237.01, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 237.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 237.01, subdivision 3, is amended to
read:
Subd. 3. [INDEPENDENT
TELEPHONE COMPANY.] "Independent telephone company" means a telephone
company organized and operating under chapter 301 or 302A or authorized to do
business in Minnesota under chapter 303 as of January 1, 1983, and providing
local exchange service to fewer than 30,000 50,000 subscribers
within the state.
Sec. 2. [237.414] [EXPANDED
CALLING AREAS; TRANSPORT FACILITIES; TERMINATIONS.]
Subdivision 1.
[EXPANDED CALLING AREAS.] An independent telephone company may
expand the area to which it can provide calling to its customers upon
filing with the commission any agreements between the independent
telephone company and other telephone companies and telecommunications
carriers entered into under subdivision 3. Calling to these expanded areas must be optional to
customers. The independent telephone
company may determine the quantity of expanded calling to provide, the
prices for such calling, and whether to offer calling alone or in
combination with one or more other telephone or unregulated services. Customers must be notified of local service
options, including options that do not include expanded calling, as required
under section 237.66. The independent
telephone company is not required to offer unlimited flat-rate calling
to these expanded calling areas.
The independent telephone
company shall file tariffs setting forth the expanded calling area along
with the applicable prices and quantities of calling. This section does not apply to
extended area service or to calling areas previously or hereafter
established by order of the commission.
This section does not limit the existing rights and obligations
of telephone companies and telecommunications carriers to provide local
calling or expanded calling.
Subd. 2.
[OBTAINING TRANSPORT FACILITIES.] An independent telephone
company may construct, purchase, lease, or rent transport facilities to
provide the expanded calling. An independent
telephone company may petition the commission to resolve issues
regarding prices, terms, and conditions for use of any transport
facilities that are subject to the jurisdiction of the commission if the
independent telephone company is unable to reach agreement with other
telephone companies or telecommunications carriers.
Subd. 3.
[RESOLVING MULTIPLE LOCAL SERVICE PROVIDER ISSUES.] (a) An
independent telephone company providing an expanded calling area under
this section may enter into an agreement to terminate calls with
telephone companies and telecommunications carriers providing local
service within the expanded calling area. The rates paid by the independent telephone company to
terminate expanded calling into such areas must be the intrastate access
charges of the telephone company or telecommunications carrier providing
local service in the expanded calling area or such other rates as the
companies may mutually agree.
(b) If two telephone companies provide expanded calling between
their respective areas, the telephone companies may also enter into
"bill and keep" arrangements for exchange of the expanded
calling traffic.
(c) The independent telephone company shall file with the
commission any agreements for termination of calling by telephone
companies and telecommunications carriers providing local service within
the expanded calling area.
Subd. 4.
[AMENDING OR TERMINATING EXPANDED CALLING SERVICE.] Except for
calling areas that result from a prior or subsequent order of the
commission, an independent telephone company may amend or terminate the
expanded calling service upon 30 days' written notice to customers, the
commission, and other telephone companies and telecommunications
carriers providing local service in the expanded area.
Sec. 3. [237.43]
[ANNUAL UNIVERSAL SERVICE FUNDING CERTIFICATION.]
In determining whether to provide the annual certification
of any eligible telecommunications carrier for continued receipt of
federal universal service funding, the commission shall apply the same
standards and criteria to all eligible telecommunications carriers."
With the recommendation that when so amended the bill pass.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 927, A bill for an act relating to traffic
regulations; establishing the speed limit on a segment of I-35E; amending
Minnesota Statutes 2002, section 169.14, by adding a subdivision.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was
referred:
H. F. No. 929, A bill for an act relating to the metropolitan
mosquito control district; including the rest of Carver county in the district;
adding a second member for Carver county; providing for pesticide application
for mosquito control; clarifying the exception to prohibiting entry upon
private property if objected to; making the district subject to the Minnesota
Uniform Municipal Contracting Law; eliminating per diems for commissioners;
making expense payments permissive rather than mandatory; making conforming
changes; amending Minnesota Statutes 2002, sections 18B.07, subdivision 2;
473.702; 473.703, subdivision 1; 473.704, subdivision 17; 473.705; 473.714,
subdivision 1; repealing Minnesota Statutes 2002, section 473.714, subdivision
2.
Reported the same back with the following amendments:
Page 4, line 11, after the period, insert "The
commission must make a reasonable attempt to contact the objecting
property owner before entry."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Taxes.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 943, A bill for an act relating to state government;
modifying practices and procedures relating to state finance; transferring
state treasurer duties to the commissioner of finance; amending Minnesota
Statutes 2002, sections 7.26; 15.62, subdivisions 2, 3; 16A.10, subdivisions 1,
2; 16A.11, subdivision 3; 16A.127, subdivision 4; 16A.1285, subdivision 3;
16A.129, subdivision 3; 16A.133, subdivision 1; 16A.27, subdivision 5; 16A.46;
16A.626; 16A.642, subdivision 1; 16D.09, subdivision 1; 16D.13, subdivisions 1,
2; 35.08; 35.09, subdivision 3; 49.24, subdivisions 13, 16; 84A.11; 84A.23,
subdivision 4; 84A.33, subdivision 4; 84A.40; 85A.05, subdivision 2; 94.53; 115A.58,
subdivision 2; 116.16, subdivision 4; 116.17, subdivision 2; 122A.21; 126C.72,
subdivision 2; 127A.40; 161.05, subdivision 3; 161.07; 167.50, subdivision 2;
174.51, subdivision 2; 176.181, subdivision 2; 176.581; 190.11; 241.08,
subdivision 1; 241.10; 241.13, subdivision 1; 244.19, subdivision 7; 245.697,
subdivision 2a; 246.15, subdivision 1; 246.18, subdivision 1; 246.21; 276.11,
subdivision 1; 280.29; 293.06; 299D.03, subdivision 5; 352.05; 352B.03,
subdivision 2; 354.06, subdivision 3; 354.52, subdivision 5; 385.05; 475A.04;
475A.06, subdivision 2; 481.01; 490.123, subdivision 2; 525.161; 525.841;
proposing coding for new law in Minnesota Statutes, chapter 16A; repealing
Minnesota Statutes 2002, sections 7.21; 16A.06, subdivision 10; 16A.131, subdivision
1; 16D.03, subdivision 3; 16D.09, subdivision 2.
Reported the same back with the following amendments:
Page 2, delete section 3
Page 5, lines 9 to 19, delete the new language and reinstate
the stricken language
Page 5, line 20, reinstate everything before the second "the"
Page 5, line 21, after the stricken "numbered" insert
"November 30 in each even-numbered" and reinstate the stricken
"year and to"
Page 5, lines 22 to 26, reinstate the stricken language
Page 6, after line 31, insert:
"Sec. 10.
Minnesota Statutes 2002, section 16A.14, subdivision 3, is amended to
read:
Subd. 3. [SPENDING
PLAN.] An appropriation to an agency may not be made available for spending in
the next allotment period until the agency has submitted met all the
requirements related to the policies and procedures of the Minnesota
accounting and procurement system.
A spending plan shall be submitted by July 31 to the
commissioner on the commissioner's form with. The spending plan must certify that: the amount required for each activity and
each is accurate and is consistent with legislative intent;
revenue estimates are reasonable; and the plan is structurally
balanced, with all legal restrictions on spending having been met for
the purpose for which money is to be spent. The spending plan must also be approved or modified by the
commissioner and funds allotted for the plan before the money is made
available.
Sec. 11. Minnesota
Statutes 2002, section 16A.17, is amended by adding a subdivision to read:
Subd. 10.
[DIRECT DEPOSIT.] Notwithstanding section 177.23, the
commissioner may require direct deposit for all state employees who are
being paid by the state payroll system.
Sec. 12. Minnesota
Statutes 2002, section 16A.40, is amended to read:
16A.40 [WARRANTS AND ELECTRONIC FUND TRANSFERS.]
Money must not be paid out of the state treasury except upon
the warrant of the commissioner or an electronic fund transfer approved by the
commissioner. Warrants must be drawn on
printed blanks that are in numerical order.
The commissioner shall enter, in numerical order in a warrant register,
the number, amount, date, and payee for every warrant issued.
The commissioner may require payees receiving more
than ten payments or $10,000 per year must to supply the
commissioner with their bank routing information to enable the payments to
be made through an electronic fund transfer."
Page 7, after line 16, insert:
"Sec. 14.
Minnesota Statutes 2002, section 16A.501, is amended to read:
16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
The commissioner of finance must report annually to the
legislature on the degree to which entities receiving appropriations for
capital projects in previous omnibus capital improvement acts have encumbered or
expended that money. The report must be
submitted to the chairs of the house of representatives ways and means
committee and the senate finance committee by February January 1
of each year."
Page 7, line 27, strike "February" and insert "January"
Page 8, line 4, strike "February" and insert "January"
Page 11, after line 5, insert:
"Sec. 20.
[CARRYFORWARD.]
Notwithstanding Minnesota Statutes, section 16A.28, or other
law to the contrary, funds encumbered by the judicial or executive
branch for severance costs, unemployment compensation costs, and health,
dental, and life insurance continuation costs resulting from state
employee layoffs during the fiscal year ending June 30, 2003, may be
carried forward and may be spent until January 1, 2004."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 9, after "1;" insert "16A.14,
subdivision 3; 16A.17, by adding a subdivision;" and after "5;"
insert "16A.40;" and after "16A.46;" insert
"16A.501;"
Page 1, line 26, delete everything after the second semicolon
Page 1, line 27, delete everything before "repealing"
With the recommendation that when so amended the bill pass.
The report was adopted.
Westrom from the Committee on Regulated Industries to which was
referred:
H. F. No. 958, A bill for an act relating to energy; declaring
the goal of moving Minnesota to a hydrogen energy economy; providing incentive
payments for producing qualified hydrogen; supporting research and development
related to hydrogen energy; providing a sales tax exemption for hydrogen and
hydrogen fuel cells; providing an exemption from the motor vehicle excise tax
for hydrogen-fueled vehicles; amending Minnesota Statutes 2002, sections
116C.779; 216B.1691, subdivision 1; 216B.241, subdivisions 1, 2; 216B.2422,
subdivision 1; 216C.41, subdivisions 1, 2, 3, 4, 5; 297A.67, by adding a
subdivision; 297B.03; proposing coding for new law in Minnesota Statutes,
chapter 216B.
Reported the same back with the following amendments:
Pages 11 to 14, delete sections 12 and 13
Page 14, line 16, before "The" insert "Subdivision
1. [DEVELOPMENT OF BUSINESSES ENGAGED IN HYDROGEN PRODUCTION.]"
Page 14, after line 26, insert:
"Subd. 2.
[ENERGY INNOVATION ZONES.] (a) The commissioner of trade and
economic development, in consultation with the commissioners of commerce
and revenue, shall develop a plan to designate not more than three
energy innovation zones to spur the development of fuel cells, fuel cell
components, hydrogen infrastructure, and other energy efficiency and
renewable energy technologies in the state. In developing the criteria for the designations, the
commissioner shall consider:
(1) the availability of business, academic, and
government partners;
(2) the likelihood of establishing a distributed, renewable
energy microgrid to power the zone, providing below-market electricity
and heat to businesses, or greater reliability than is available from
the grid, from within the zone;
(3) the prospect of tenants for the zone that will represent
net new jobs to the state; and
(4) the likelihood of the production, storage, distribution,
and use of hydrogen, including its use in fuel cells, for electricity
and heat.
(b) Energy under paragraph (a), clause (2), must come from
one or more of the following renewable sources: wind, water, sun, biomass, not including municipal solid
waste, or hydrogen reformed from natural gas up to 2010.
(c) The plan must allow for interested parties to form energy
innovation cooperatives. In addition,
the commissioner shall consider the feasibility of the sale of energy
innovation bonds for the construction of qualifying facilities.
(d) In drafting the plan, the commissioner shall consider
incentives for investment in the zone, including:
(1) subsidization of construction of qualifying facilities;
(2) long-term contracts for market-rate heat and power;
(3) exemption from laws giving exclusive service territory;
(4) streamlined interconnection to the existing power grid;
(5) exemptions from property tax;
(6) expedited permitting;
(7) methods for providing technical assistance; and
(8) other methods of encouraging the development and use
and development of fuel cell and hydrogen-generation technologies.
(e) The commissioner shall report to the legislature by January
15, 2004, on legislative changes and necessary funding to accomplish the
purposes of this subdivision."
Page 15, line 10, delete "14" and insert
"12" and delete "15" and insert "13"
Page 15, line 11, delete everything after the period
Page 15, delete line 12
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 6, delete everything after the semicolon
Page 1, delete lines 7 and 8
Page 1, line 9, delete everything before "amending"
and insert "providing for energy innovation zones;"
Page 1, line 12, delete everything after the semicolon
Page 1, line 13, delete everything before "proposing"
With the recommendation that when so amended the bill pass.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 961, A bill for an act relating to human services;
establishing hearing procedures; proposing coding for new law in Minnesota Statutes,
chapter 256.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
[256.0451] [HEARING PROCEDURES.]
Subdivision 1.
[SCOPE.] The requirements in this section apply to all fair
hearings and appeals under section 256.045, subdivision 3, paragraph
(a), clauses (1), (2), (3), (5), (6), and (7). Except as provided in subdivisions 3 and 19, the requirements
under this section apply to fair hearings and appeals under section 256.045,
subdivision 3, paragraph (a), clauses (4), (8), and (9).
The term "person" is used in this section to mean
an individual who, on behalf of themselves or their household, is appealing
or disputing or challenging an action, a decision, or a failure to act,
by an agency in the human services system. When a person involved in a
proceeding under this section is represented by an attorney or by an
authorized representative, the term "person" also refers to
the person's attorney or authorized representative. Any notice sent to the person involved
in the hearing must also be sent to the person's attorney or authorized
representative.
The term "agency" includes the county human
services agency, the state human services agency, and, where applicable,
any entity involved under a contract, subcontract, grant, or subgrant
with the state agency or with a county agency, that provides or operates
programs or services in which appeals are governed by section 256.045.
Subd. 2. [ACCESS
TO FILES.] A person involved in a fair hearing appeal has the right
of access to the person's complete case files and to examine all private
welfare data on the person which has been generated, collected, stored,
or disseminated by the agency. A
person involved in a fair hearing appeal has the right to a free copy of
all documents in the case file involved in a fair hearing appeal. "Case file" means the information,
documents, and data, in whatever form, which have been generated,
collected, stored, or disseminated by the agency in connection with the
person and the program or service involved.
Subd. 3. [AGENCY
APPEAL SUMMARY.] (a) Except in fair hearings and appeals under
section 256.045, subdivision 3, paragraph (a), clauses (4), (8), and
(9), the agency involved in an appeal must prepare a state agency appeal
summary for each fair hearing appeal.
The state agency appeal summary shall be mailed or otherwise delivered
to the person who is involved in the appeal at least five working days
before the date of the hearing.
The state agency appeal summary must also be mailed or otherwise
delivered to the department's appeals office at least five working days
before the date of the fair hearing appeal.
(b) In addition, the appeals referee shall confirm that the
state agency appeal summary is mailed or otherwise delivered to the
person involved in the appeal as required under paragraph (a). The person involved in the fair hearing
should be provided, through the state agency appeal summary or other
reasonable methods, appropriate information about the procedures for
the fair hearing and an adequate opportunity to prepare. These requirements apply equally to the
state agency or an entity under contract when involved in the appeal.
(c) The contents of the state agency appeal summary must be
adequate to support the factual and legal basis for the agency's action
or determination.
Subd. 4.
[ENFORCING ACCESS TO FILES.] A person involved in a fair
hearing appeal may enforce the right of access to data and copies of the
case file by making a request to the appeals referee. The appeals referee will make an appropriate
order enforcing the person's rights under the Minnesota Government Data
Practices Act, including but not limited to, ordering access to files,
data, and documents; continuing a hearing to allow adequate time for
access to data; or prohibiting use by the agency of files, data, or
documents which have been generated, collected, stored, or disseminated
without compliance with the Minnesota Government Data Practices Act and
which have not been provided to the person involved in the appeal.
Subd. 5.
[PREHEARING CONFERENCES.] (a) The appeals referee prior to a
fair hearing appeal may hold a prehearing conference to further the
interests of justice or efficiency and must include the person involved
in the appeal. A person involved in
a fair hearing appeal or the agency may request a prehearing conference. The prehearing conference may be conducted
by telephone, in person, or in writing.
The prehearing conference may address the following:
(1) disputes regarding access to files, evidence, subpoenas,
or testimony;
(2) the time required for the hearing or any need for expedited
procedures or decision;
(3) identification or clarification of legal or other issues
that may arise at the hearing;
(4) identification of and possible agreement to factual issues;
and
(5) scheduling and any other matter which will aid in the
proper and fair functioning of the hearing.
(b) The appeals referee shall make a record or otherwise
contemporaneously summarize the prehearing conference in writing,
which shall be sent to both the person involved in the hearing, the
person's attorney or authorized representative, and the agency.
Subd. 6. [APPEAL
REQUEST FOR EMERGENCY ASSISTANCE OR URGENT MATTER.] (a) When an appeal
involves an application for emergency assistance, the agency involved
shall mail or otherwise deliver the state agency appeal summary to the
department's appeals office within two working days of receiving the
request for an appeal. A person may
also request that a fair hearing be held on an emergency basis when the
issue requires an immediate resolution.
The appeals referee shall schedule the fair hearing on the
earliest available date according to the urgency of the issue
involved. Issuance of the recommended
decision after an emergency hearing shall be expedited.
(b) The commissioner shall issue
a written decision within five working days of receiving the recommended
decision, shall immediately inform the parties of the outcome by
telephone, and shall mail the decision no later than two working days
following the date of the decision.
Subd. 7.
[CONTINUANCE; RESCHEDULING, OR ADJOURNING A HEARING.] (a) A person
involved in a fair hearing, or the agency, may request a continuance, a
rescheduling, or an adjournment of a hearing for a reasonable period of
time. The grounds for granting a
request for a continuance, a rescheduling, or adjournment of a hearing
include, but are not limited to, the following:
(1) to reasonably accommodate the appearance of a witness;
(2) to implement the person's rights regarding choice of
representative at the hearing;
(3) to ensure that the person has adequate opportunity for
preparation and for presentation of evidence and argument;
(4) to ensure that the person or the agency has adequate
opportunity to review, evaluate, and respond to new evidence, or where
appropriate, to require that the person or agency review, evaluate, and
respond to new evidence;
(5) to permit the person involved and the agency to negotiate
toward resolution of some or all of the issues where both agree that
additional time is needed;
(6) to permit the agency to reconsider a previous action or
determination;
(7) to permit or to require the performance of actions not
previously taken; and
(8) to provide additional time or to permit or require additional
activity by the person or agency as the interests of fairness may
require.
(b) Requests for continuances or for rescheduling may be
made orally or in writing. The
person or agency requesting the continuance or rescheduling must first
make reasonable efforts to contact the other participants in the hearing
or their representatives, and seek to obtain an agreement on the request. Requests for continuance or rescheduling
should be made no later than three working days before the scheduled
date of the hearing, unless there is a good cause as specified in subdivision
13. Granting a continuance or
rescheduling may be conditioned upon a waiver by the requester of
applicable time limits, but should not cause unreasonable delay.
Subd. 8.
[SUBPOENAS.] A person involved in a fair hearing or the agency
may request a subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall be
issued to require the attendance and the testimony of witnesses, and the
production of evidence relating to any issue of fact in the appeal
hearing. The request for a subpoena
must show a need for the subpoena and the general relevance to the issues
involved. The subpoena shall be issued
in the name of the department, shall be served in any manner permitted
by law, and shall be enforced in the same manner as in civil matters in
court.
(c) An individual or entity served with a subpoena may petition
the appeals referee in writing to vacate or modify a subpoena. The appeals referee shall resolve such a
petition in a prehearing conference involving all parties and shall make
a written decision. A subpoena
may be vacated or modified if the appeals referee determines that the
testimony or evidence sought does not relate with reasonable directness
to the issues of the fair hearing appeal; that the subpoena is
unreasonable, over broad, or oppressive; that the evidence sought is
repetitious or cumulative; or that the subpoena has not been served
reasonably in advance of the time when the appeal hearing will be held.
Subd. 9. [NO EX PARTE CONTACT.] The appeals
referee shall not have ex parte contact on substantive issues with the
agency or with any participant or witness in a fair hearing appeal. No employee of the department or
agency shall review, interfere with, change, or attempt to influence the
recommended decision of the appeals referee in any fair hearing appeal,
except through the procedure allowed in subdivision 18. The limitations in this subdivision
do not affect the commissioner's authority to review or reconsider
decisions or make final decisions.
Subd. 10.
[TELEPHONE OR FACE-TO-FACE HEARING.] A fair hearing appeal may
be conducted by telephone, by other electronic media, or by an
in-person, face-to-face hearing. At
the request of the person involved in a fair hearing appeal or their
representative, a face-to-face hearing shall be conducted with all
participants personally present before the appeals referee.
Subd. 11.
[HEARING FACILITIES AND EQUIPMENT.] The appeals referee shall
conduct the hearing in the county where the person involved resides,
unless an alternate location is mutually agreed upon before the hearing,
or unless the person has agreed to a hearing by telephone. The hearing room shall be of sufficient
size and layout to adequately accommodate both the number of individuals
participating in the hearing and any identified special needs of any
individual participating in the hearing. The appeals referee shall ensure that all communication
and recording equipment that is necessary to conduct the hearing and to
create an adequate record is present and functioning properly. If any necessary communication or recording
equipment fails or ceases to operate effectively, the appeals referee
shall take any steps necessary, including stopping or adjourning the
hearing, until the necessary equipment is present and functioning
properly. All reasonable efforts
shall be undertaken to prevent and avoid any delay in the hearing
process caused by defective communication or recording equipment.
Subd. 12.
[INTERPRETER AND TRANSLATION SERVICES.] The appeals referee
has a duty to inquire and to determine whether any participant in the
hearing needs the services of an interpreter or translator in order to
participate in or to understand the hearing process. Necessary interpreter or translation
services must be provided at no charge to the person involved in the
hearing. If it appears that interpreter
or translation services are needed but are not available for the scheduled
hearing, the appeals referee shall continue or postpone the hearing
until appropriate services can be provided.
Subd. 13.
[FAILURE TO APPEAR; GOOD CAUSE.] If a person involved in a
fair hearing appeal fails to appear at the hearing, the appeals referee
may dismiss the appeal. The person may
reopen the appeal if within ten working days the person submits
information to the appeals referee to show good cause for not
appearing. Good cause can be shown when
there is:
(1) a death or serious illness in the person's family;
(2) a personal injury or illness which reasonably prevents
the person from attending the hearing;
(3) an emergency, crisis, or unforeseen event which reasonably
prevents the person from attending the hearing;
(4) an obligation or responsibility of the person which a
reasonable person, in the conduct of one's affairs, could reasonably
determine takes precedence over attending the hearing;
(5) lack of or failure to receive timely notice of the hearing
in the preferred language of the person involved in the hearing; and
(6) excusable neglect, excusable inadvertence, excusable
mistake, or other good cause as determined by the appeals referee.
Subd. 14. [COMMENCEMENT OF HEARING.] The appeals
referee shall begin each hearing by describing the process to be followed
in the hearing, including the swearing-in of witnesses, how testimony
and evidence are presented, the order of examining and cross-examining
witnesses, and the opportunity for an opening statement and a closing
statement. The appeals referee shall
identify for the participants the issues to be addressed at the hearing
and shall explain to the participants the burden of proof which applies
to the person involved and the agency.
The appeals referee shall confirm, prior to proceeding with the hearing,
that the state agency appeal summary, if required under subdivision 3,
has been properly completed and provided to the person involved in the
hearing, and that the person has been provided documents and an
opportunity to review the case file, as provided in this section.
Subd. 15.
[HEARING CONDUCT.] The appeals referee shall act in a fair and
impartial manner at all times. At the
beginning of the hearing the agency must designate one person as their
representative who shall be responsible for presenting the agency's
evidence and questioning any witnesses.
The appeals referee shall make sure that the person and the
agency are provided sufficient time to present testimony and evidence,
to confront and cross-examine all adverse witnesses, and to make any
relevant statement at the hearing. The
appeals referee shall make reasonable efforts to explain the hearing
process to persons who are not represented, and shall ensure that the
hearing is conducted fairly and efficiently. Upon the reasonable request of the person or the agency
involved, the appeals referee may direct witnesses to remain outside the
hearing room, except during their individual testimony. The appeals referee shall not
terminate the hearing before affording the person and the agency a
complete opportunity to submit all admissible evidence, and reasonable
opportunity for oral or written statement. When a hearing extends beyond the time which was
anticipated, the hearing shall be rescheduled or continued from
day-to-day until completion. Hearings
that have been continued shall be timely scheduled to minimize delay in
the disposition of the appeal.
Subd. 16. [SCOPE
OF ISSUES ADDRESSED AT HEARING.] The hearing shall address the
correctness and legality of the agency's action and shall not be limited
simply to a review of the propriety of the agency's action. The person involved may raise and
present evidence on all legal claims or defenses arising under state or
federal law as a basis for appealing or disputing an agency action. The appeals referee may take official
notice of adjudicative facts.
Subd. 17.
[BURDEN OF PERSUASION.] The burden of persuasion is governed
by specific state or federal law and regulations that apply to the
subject of the hearing. If there is no
specific law, then the participant in the hearing who asserts the
truth of a claim is under the burden to persuade the appeals referee
that the claim is true.
Subd. 18.
[INVITING COMMENT BY DEPARTMENT.] The appeals referee or the
commissioner may determine that a written comment by the department
about the policy implications of a specific legal issue could help
resolve a pending appeal. Such a
written policy comment from the department shall be obtained only by a
written request that is also sent to the person involved and to the
agency or its representative. When such
a written comment is received, both the person involved in the hearing
and the agency shall have adequate opportunity to review, evaluate, and
respond to the written comment, including submission of additional
testimony or evidence, and cross-examination concerning the written
comment.
Subd. 19.
[DEVELOPING THE RECORD.] The appeals referee shall accept all
evidence, except evidence privileged by law, that is commonly accepted
by reasonable people in the conduct of their affairs as having probative
value on the issues to be addressed at the hearing. Except in fair hearings and appeals under
section 256.045, subdivision 3, paragraph (a), clauses (4), (8), and
(9), in cases involving medical issues such as a diagnosis, a
physician's report, or a review team's decision, the appeals referee
shall consider whether it is necessary to have a medical assessment
other than that of the individual making the original decision. When necessary, the appeals referee
shall require an additional assessment be obtained at agency expense and
made part of the hearing record. The
appeals referee shall ensure for all cases that the record is sufficiently
complete to make a fair and accurate decision.
Subd. 20.
[UNREPRESENTED PERSONS.] In cases involving unrepresented
persons, the appeals referee shall take appropriate steps to identify,
obtain, and present in the hearing relevant facts necessary for making
an informed and fair decision.
These steps may include, but are not limited to, asking questions
of witnesses, and referring the person to a legal services office. An unrepresented person shall be provided
an adequate opportunity to respond to testimony or other evidence
presented by the agency at the hearing.
The appeals referee shall ensure that an unrepresented person has
a full and reasonable opportunity at the hearing to establish a record
for appeal.
Subd. 21.
[CLOSING OF RECORD.] The agency must present its evidence
prior to or at the hearing. The agency
shall not be permitted to submit evidence after the hearing except by
agreement at the hearing between the person involved, the agency, and
the appeals referee. If evidence is
submitted after the hearing, based on such an agreement, the person
involved must be allowed sufficient opportunity to respond to the evidence. When necessary, the record shall remain open
to permit a person to submit additional evidence on the issues presented
at the hearing.
Subd. 22.
[DECISIONS.] A timely, written decision must be issued in
every appeal. Each decision must
contain a clear ruling on the issues presented in the appeal hearing,
and should contain a ruling only on questions directly presented by the
appeal and the arguments raised in the appeal.
(a) A written decision must be issued within 90 days of the
date the person involved requested the appeal unless a shorter time
is required by law. An additional 30
days is provided in those cases where the commissioner refuses to accept
the recommended decision.
(b) The decision must contain both findings of fact and conclusions
of law, clearly separated and identified.
The findings of fact must be based on the entire record. Each finding of fact made by the
appeals referee shall be supported by a preponderance of the evidence
unless a different standard is required under the regulations of a
particular program. The "preponderance
of the evidence" means, in light of the record as a whole, the
evidence leads the appeals referee to believe that the finding of fact
is more likely to be true than not true.
The legal claims or arguments of a participant do not constitute either
a finding of fact or a conclusion of law, except to the extent the
appeals referee adopts an argument as a finding of fact or conclusion of
law.
The decision shall contain at least the following:
(1) a listing of the date and place of the hearing and the
participants at the hearing;
(2) a clear and precise statement of the issues, including
the dispute under consideration and the specific points which must be
resolved in order to decide the case;
(3) a listing of the material, including exhibits, records,
reports, placed into evidence at the hearing, and upon which the hearing
decision is based;
(4) the findings of fact based upon the entire hearing record. The findings of fact must be adequate to
inform the participants and any interested person in the public of the
basis of the decision. If the
evidence is in conflict on an issue which must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;
(5) conclusions of law that address the legal authority for
the hearing and the ruling, and which give appropriate attention to
the claims of the participants to the hearing;
(6) a clear and precise statement of the decision made resolving
the dispute under consideration in the hearing; and
(7) written notice of the right to appeal to district court
or to request reconsideration, and of the actions required and the
time limits for taking appropriate action to appeal to district court or
to request a reconsideration.
(c) The appeals referee shall not independently investigate
(d) The commissioner will review the recommended decision
and accept or refuse to accept the decision according to section 256.045,
subdivision 5.
Subd. 23.
[REFUSAL TO ACCEPT RECOMMENDED ORDERS.] (a) If the
commissioner refuses to accept the recommended order from the appeals
referee, the person involved, the person's attorney or authorized
representative, and the agency shall be sent a copy of the recommended
order, a detailed explanation of the basis for refusing to accept the
recommended order, and the proposed modified order.
(b) The person involved and the agency shall have at least
ten business days to respond to the proposed modification of the recommended
order. The person involved and the
agency may submit a legal argument concerning the proposed modification,
and may propose to submit additional evidence that relates to the
proposed modified order.
Subd. 24.
[RECONSIDERATION.] Reconsideration may be requested within 30
days of the date of the commissioner's final order. If reconsideration is requested, the other
participants in the appeal shall be informed of the request. The person seeking reconsideration
has the burden to demonstrate why the matter should be
reconsidered. The request for
reconsideration may include legal argument. A person may include proposed additional evidence
supporting the request. The other participants
shall be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond.
(a) When the requesting party raises a question as to the
appropriateness of the findings of fact, the commissioner shall review
the entire record.
(b) When the requesting party questions the appropriateness
of a conclusion of law, the commissioner shall consider the recommended
decision, the decision under reconsideration, and the material submitted
in connection with the reconsideration.
The commissioner shall review the remaining record as necessary to
issue a reconsidered decision.
(c) The commissioner shall issue a written decision on reconsideration
in a timely fashion. The decision must
clearly inform the parties that this constitutes the final administrative
decision, advise the participants of the right to seek judicial review,
and the deadline for doing so.
Subd. 25.
[ACCESS TO APPEAL DECISIONS.] Appeal decisions must be
maintained in a manner so that the public has ready access to previous
decisions on particular topics, subject to appropriate procedures for
safeguarding names, personal identifying information, and other private
data on the individual persons involved in the appeal."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Civil Law.
The report was adopted.
Westrom from the Committee on Regulated Industries to
which was referred:
H. F. No. 964, A bill for an act relating to energy;
establishing permanent pilot program for promoting cleaner, innovative energy
sources and strategic economic development; providing financial and regulatory
incentives, including tax exemptions and eminent domain power; authorizing
customers to purchase power supply services from pilot projects.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2002, section 216B.2422, is amended by adding a
subdivision to read:
Subd. 7. [CONSIDERATION
OF POWER SUPPLY OPTION.] (a) Prior to the approval of any arrangement
to build or expand a fossil-fuel-fired generation facility, or enter
into an agreement to purchase capacity or energy from such a facility
for a term exceeding five years, the commission shall ensure that a
supply proposal from an eligible project is considered, and shall take
any action with respect to such supply proposal that it deems to be in
the best interests of ratepayers. This
provision applies to any entity subject to the resource planning requirements
of this section, and whose most recent resource plan demonstrates a need
for new generation capacity or energy resources.
(b) For the purposes of this section, the term
"eligible project" means an energy generation facility:
(1) that makes use of an innovative generation technology
utilizing coal as a primary fuel in a highly efficient combined-cycle
configuration with significantly reduced sulfur dioxide, nitrogen oxide,
particulate, and mercury emissions from those of traditional
technologies;
(2) that the project developer or owner certifies is a project
capable of offering a long-term supply contract at a hedged, predictable
cost; and
(3) that is designated by the commissioner of the iron range
resources and rehabilitation agency as a project that is located in the
tax relief area on a site that has substantial real property with
adequate infrastructure to support new or expanded development.
(c) The technology utilized by an eligible project constitutes
an "eligible energy technology" for the purposes of section
216B.1691.
Sec. 2. Minnesota
Statutes 2002, section 216B.2422, is amended by adding a subdivision to read:
Subd. 8.
[REGULATORY INCENTIVES.] An eligible project:
(1) is granted a certificate of need under section 216B.243
for the generation facilities and transmission infrastructure associated
with the generation facilities, but are subject to all applicable
environmental review and permitting procedures of sections 116C.51 to
116C.69;
(2) once permitted and constructed, is eligible to increase
the capacity of the associated transmission facilities without additional
state review upon filing notice with the public utilities commission;
and
(3) has the power of eminent domain, limited to the sites
and routes approved by the environmental quality board for the project
facilities.
Sec. 3. Minnesota
Statutes 2002, section 216B.2424, subdivision 5, is amended to read:
Subd. 5. [MANDATE.] (a)
A public utility, as defined in section 216B.02, subdivision 4, that operates a
nuclear-powered electric generating plant within this state must construct and
operate, purchase, or contract to construct and operate (1) by December 31,
1998, 50 megawatts of electric energy installed capacity generated by
farm-grown closed-loop biomass scheduled to be operational by December 31,
2001; and (2) by December 31, 1998, an additional 75 megawatts of installed
capacity so generated scheduled to be operational by December 31, 2002.
(b) Of the 125 megawatts of biomass electricity installed
capacity required under this subdivision, no more than 50 megawatts of this
capacity may be provided by a facility that uses poultry litter as its primary
fuel source and any such facility:
(1) need not use biomass that complies with the definition in
subdivision 1;
(2) must enter into a contract with the public utility for such
capacity, that has an average purchase price per megawatt hour over the life of
the contract that is equal to or less than the average purchase price per
megawatt hour over the life of the contract in contracts approved by the public
utilities commission before April 1, 2000, to satisfy the mandate of this
section, and file that contract with the public utilities commission prior to
September 1, 2000; and
(3) must schedule such capacity to be operational by December
31, 2002.
(c) Of the total 125 megawatts of biomass electric energy
installed capacity required under this section, no more than 75 megawatts may
be provided by a single project.
(d) Of the 75 megawatts of biomass electric energy installed
capacity required under paragraph (a), clause (2), no more than 25 megawatts of
this capacity may be provided by a St. Paul district heating and cooling system
cogeneration facility utilizing waste wood as a primary fuel source. The St. Paul district heating and cooling
system cogeneration facility need not use biomass that complies with the
definition in subdivision 1.
(e) The public utility must accept and consider on an equal
basis with other biomass proposals:
(1) a proposal to satisfy the requirements of this section that
includes a project that exceeds the megawatt capacity requirements of either
paragraph (a), clause (1) or (2), and that proposes to sell the excess capacity
to the public utility or to other purchasers; and
(2) a proposal for a new facility to satisfy more than ten but
not more than 20 megawatts of the electrical generation requirements by a small
business-sponsored independent power producer facility to be located within the
northern quarter of the state, which means the area located north of
Constitutional Route No. 8 as described in section 161.114, subdivision 2, and
that utilizes biomass residue wood, sawdust, bark, chipped wood, or brush to
generate electricity. A facility
described in this clause is not required to utilize biomass complying with the
definition in subdivision 1, but must have the capacity required by this clause
operational in construction by December 31, 2002 June
30, 2004.
(f) If a public utility files a contract with the commission
for electric energy installed capacity that uses poultry litter as its primary
fuel source, the commission must do a preliminary review of the contract to
determine if it meets the purchase price criteria provided in paragraph (b),
clause (2), of this subdivision. The
commission shall perform its review and advise the parties of its determination
within 30 days of filing of such a contract by a public utility. A public utility may submit by September 1, 2000,
a revised contract to address the commission's preliminary determination.
(g) The commission shall finally
approve, modify, or disapprove no later than July 1, 2001, all contracts
submitted by a public utility as of September 1, 2000, to meet the mandate set
forth in this subdivision.
(h) If a public utility subject to this section exercises an
option to increase the generating capacity of a project in a contract approved
by the commission prior to April 25, 2000, to satisfy the mandate in this subdivision,
the public utility must notify the commission by September 1, 2000, that it has
exercised the option and include in the notice the amount of additional
megawatts to be generated under the option exercised. Any review by the commission of the project after exercise of
such an option shall be based on the same criteria used to review the existing
contract.
(i) A facility specified in this subdivision qualifies for
exemption from property taxation under section 272.02, subdivision 43."
Delete the title and insert:
"A bill for an act relating to energy; promoting and
providing incentives for the use of innovative generation technology by
utilities; amending Minnesota Statutes 2002, sections 216B.2422, by adding
subdivisions; 216B.2424, subdivision 5."
With the recommendation that when so amended the bill pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 971, A bill for an act relating to insurance;
prohibiting certain insurers from transacting business in the state; proposing
coding for new law in Minnesota Statutes, chapter 60A.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Dempsey from the Committee on Local Government and Metropolitan
Affairs to which was referred:
H. F. No. 975, A bill for an act relating to public employees;
transferring responsibilities relating to local government pay equity to the
state auditor; authorizing the state auditor to adopt rules and collect a fee;
amending Minnesota Statutes 2002, sections 471.999; 477A.014, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 6; repealing
Minnesota Statutes 2002, section 43A.04, subdivision 10.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on State Government Finance.
The report was adopted.
Holberg from the Committee on Civil
Law to which was referred:
H. F. No. 996, A bill for an act relating to insurance;
changing no-fault arbitration provisions; amending Minnesota Statutes 2002,
section 65B.525.
Reported the same back with the following amendments:
Page 2, line 10, delete "is" and insert "are"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 999, A bill for an act relating to higher education;
adding students to the regent advisory council; amending Minnesota Statutes
2002, section 137.0245, subdivision 2.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Holberg from the Committee on Civil Law to which was referred:
H. F. No. 1006, A bill for an act relating to elections;
providing for conformity with the federal Help America Vote Act; creating a
complaint process; imposing a penalty; amending Minnesota Statutes 2002,
sections 201.021; 201.022; 201.061, subdivisions 1, 3, by adding subdivisions;
201.071, subdivisions 1, 3, by adding subdivisions; 201.091, subdivisions 1, 4,
5, by adding a subdivision; 201.121, subdivision 1; 201.13, subdivision 1;
201.15; 201.155; 201.161; 201.171; 201.221, subdivisions 2, 3; 203B.06,
subdivision 4; 203B.08, subdivision 3; 203B.12, subdivision 2; 203B.16, by
adding a subdivision; 203B.17; 203B.19; 203B.24, subdivision 2; 203B.26;
204B.47; 204C.10; 206.57, by adding subdivisions; 206.81; proposing coding for
new law in Minnesota Statutes, chapters 200; 201; 204C.
Reported the same back with the following amendments:
Page 14, line 23, after "person" insert "in
which the court order provides that the ward does not retain the right
to vote"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Erhardt from the Committee on
Transportation Policy to which was referred:
H. F. No. 1007, A bill for an act relating to highways;
requiring that highway 62 be treated as interstate system highway for purposes
of municipal approval.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1024, A bill for an act relating to state government;
modifying provisions relating to state contracting and state printing services;
amending Minnesota Statutes 2002, sections 16A.11, subdivision 3; 16B.465,
subdivision 7; 16B.47; 16B.48, subdivision 2; 16B.49; 16C.05, subdivision 2;
16C.08, subdivisions 2, 3, 4, by adding a subdivision; 16C.09; 16E.07,
subdivision 9; 116J.8771; 136F.77, subdivision 3; 256B.435, subdivision 2a;
268.186; proposing coding for new law in Minnesota Statutes, chapter 16C;
repealing Minnesota Statutes 2002, sections 12.221, subdivision 5; 16B.50;
16C.07; 43A.047.
Reported the same back with the following amendments:
Page 9, line 18, before the period, insert ", and
evaluate the extent to which the contract was a cost-effective way to
enable the agency to provide its services or products better or more
efficiently"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on State Government Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1032, A bill for an act relating to operation of
state government; establishing the Minnesota False Claims Act; assessing penalties;
proposing coding for new law as Minnesota Statutes, chapter 12A.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Judiciary Policy and Finance.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1035, A bill for an act relating to public safety;
modifying provisions relating to DWI breath-testing instruments; amending
Minnesota Statutes 2002, sections 169A.03, subdivision 11; 169A.45, subdivision
4; 169A.51, subdivision 5; 169A.75; 360.0753, subdivision 4; 634.16.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Davids from the Committee on
Commerce, Jobs and Economic Development to which was referred:
H. F. No. 1039, A bill for an act relating to commerce;
regulating financial institution examinations, applications, loans, and
organizational provisions; revising the standard nonforfeiture law for
individual deferred annuities; making various technical changes; repealing
obsolete rules; amending Minnesota Statutes 2002, sections 46.04, subdivision
1; 46.041, subdivision 2; 47.015, by adding a subdivision; 47.101, subdivision
2; 47.59, subdivision 2; 48.08; 48.24, subdivision 6; 52.06, subdivision 1;
61A.245, subdivisions 3, 4, 5, 6, 12; 300.025; 300.23; 332.29, subdivision 1;
repealing Minnesota Rules, parts 2675.0300; 2675.2250; 2675.6400.
Reported the same back with the following amendments:
Page 4, line 7, after "24" insert "or
on December 31"
Page 5, after line 23, insert:
"Sec. 6. Minnesota
Statutes 2002, section 47.67, is amended to read:
47.67 [ADVERTISING.]
No advertisement by a person which relates to an electronic
financial terminal may be inaccurate or misleading with respect to such a
terminal. Except with respect to direct
mailings by financial institutions to their customers, the advertising of rate
of interest paid on accounts in connection with electronic financial terminals
is prohibited. Any advertisement,
either on or off the site of an electronic financial terminal, promoting the
use or identifying the location of an electronic financial terminal, which
identifies any financial institution, group or combination of financial
institutions, or third parties as owning or providing for the use of its
services is prohibited. The following shall be expressly permitted:
(a) a simple directory listing placed at the site of an
electronic financial terminal identifying the particular financial institutions
using its services;
(b) the use of a generic name, either on or off the site of
an electronic financial terminal, which does not promote or identify any
particular financial institution, group or combination of financial
institutions, or any third parties;
(c) media advertising or direct mailing of information by a
financial institution or retailer identifying locations of electronic financial
terminals and promoting their usage;
(d) any advertising, whether on or off the site, relating to
electronic financial terminals, or the services performed at the electronic
financial terminals located on the premises of the main office, or any office
or detached facility of any financial institution;
(e) a coupon or other promotional advertising that is
printed upon the reverse side of the receipt or record of each transaction
required under section 47.69, subdivision 6; and
(f) promotional advertising displayed on the electronic screen."
Page 9, line 32, before "Notwithstanding" insert
"(b)"
Page 14, line 6, after the period, insert "In this instance,
the operative date of this act is the date elected for the contract
form."
Page 14, line 8, before the period, insert ", which
then becomes the operative date of the act"
Page 14, after line 8, insert:
"Sec. 15.
Minnesota Statutes 2002, section 118A.03, subdivision 2, is amended to
read:
Subd. 2. [IN LIEU OF
SURETY BOND.] The following are the allowable forms of collateral in lieu of a
corporate surety bond:
(1) United States government treasury bills, treasury notes,
treasury bonds;
(2) issues of United States government agencies and
instrumentalities as quoted by a recognized industry quotation service available
to the government entity;
(3) general obligation securities of any state or local
government with taxing powers which is rated "A" or better by a
national bond rating service, or revenue obligation securities of any state or
local government with taxing powers which is rated "AA" or better by
a national bond rating service;
(4) unrated general obligation securities of a local government
with taxing powers may be pledged as collateral against funds deposited
by that same local government entity;
(5) irrevocable standby letters of credit issued by
Federal Home Loan Banks to a municipality accompanied by written evidence that
the bank's public debt is rated "AA" or better by Moody's Investors
Service, Inc., or Standard & Poor's Corporation; and
(5) (6) time deposits that are fully insured by
the Federal Deposit Insurance Corporation.
Sec. 16. Minnesota
Statutes 2002, section 118A.03, subdivision 3, is amended to read:
Subd. 3. [AMOUNT.] The
total amount of the collateral computed at its market value shall be at least
ten percent more than the amount on deposit plus accrued interest at the close
of the business day, except that where the collateral is irrevocable
standby letters of credit issued by Federal Home Loan Banks, the amount
of collateral shall be at least equal to the amount on deposit plus
accrued interest at the close of the business day. The financial institution may furnish both a
surety bond and collateral aggregating the required amount."
Page 14, line 32, delete "25" and insert
"50"
Page 16, after line 8, insert:
"Sec. 21.
[EFFECTIVE DATES.]
Sections 1 to 9, and 15 to 20 are effective the day following
final enactment. Sections 10 to 14 are
effective August 1, 2003, and apply to annuity contracts issued on or
after that date."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 10, after the first semicolon, insert
"47.67;"
Page 1, line 11, after "12;" insert
"118A.03, subdivisions 2, 3;"
With the recommendation that when so amended the bill pass.
The report was adopted.
Rhodes from the Committee on Governmental Operations and
Veterans Affairs Policy to which was referred:
H. F. No. 1040, A bill for an act relating to public employment
labor relations; defining health care nonprofessionals as "essential
employees"; amending Minnesota Statutes 2002, section 179A.03, subdivision
7.
Reported the same back with the following amendments:
Page 1, line 17, after "nonprofessionals"
insert "until June 30, 2005"
With the recommendation that when so amended the bill pass.
The report was adopted.
Hackbarth from the Committee on Environment and Natural
Resources Policy to which was referred:
H. F. No. 1054, A bill for an act relating to environment;
modifying requirements for solid waste plans; amending Minnesota Statutes 2002,
section 115A.46, subdivision 1.
Reported the same back with the recommendation that the bill
pass and be placed on the Consent Calendar.
The report was adopted.
Gunther from the Committee on Jobs and Economic Development
Finance to which was referred:
H. F. No. 1059, A bill for an act relating to housing; housing
finance agency; making various clarifying, technical, and other changes to
agency programs; increasing debt ceiling; extending civil service pilot
project; amending Minnesota Statutes 2002, sections 462A.05, by adding a
subdivision; 462A.057, subdivision 1; 462A.073, subdivision 2; 462A.22,
subdivisions 1, 7; Laws 1993, chapter 301, section 1, subdivision 4, as
amended; Laws 1995, chapter 248, article 12, section 2, as amended.
Reported the same back with the following amendments:
Page 2, line 17, after "than" insert "acquisition
and"
Page 3, line 16, before the period, insert "or by a
wastewater treatment system operated and maintained by a local unit
of government"
Page 3, after line 19, insert:
"Sec. 4. Minnesota
Statutes 2002, section 462A.21, subdivision 3a, is amended to read:
Subd. 3a. [CAPACITY
BUILDING REVOLVING LOAN FUND.] It may establish a revolving loan fund for
predevelopment costs for nonprofit organizations and local government units
engaged in the construction or rehabilitation of low- and moderate-income
housing, and for the purposes specified in sections 462A.05, subdivision 5; and
462A.07, subdivisions 2, 3, 3a, 5, 5a, 6, 7, 11, and 16. The agency may delegate the authority to
administer the revolving loan fund for designated areas in the state to
existing nonprofit organizations. For
purposes of the authority to administer the revolving loan fund under
this subdivision, a nonprofit organization includes a private nonprofit
corporation that is formed under laws other than the laws of this state,
provided that the nonprofit corporation has an office located in this
state. Nonprofit entities selected
to exercise such delegated powers must have sufficient professional housing
development expertise, as determined by the agency, to evaluate the economic
feasibility of an applicant's proposed project. Loans to nonprofit organizations or local government units under
this subdivision may be made with or without interest as determined by the
agency."
Page 3, line 20, delete "4" and insert "5"
Page 3, line 28, delete "5" and insert "6"
Page 4, line 1, delete "6" and insert "7"
Page 4, line 26, delete "7" and insert "8"
Page 5, line 1, delete "8" and insert "9"
Page 5, line 2, delete "5 and 6" and insert
"6 and 7"
Amend the title as follows:
Page 1, line 8, after "2;" insert "462A.21,
subdivision 3a;"
With the recommendation that when so amended the bill pass and
be placed on the Consent Calendar.
The report was adopted.
Erhardt from the Committee on Transportation Policy to which
was referred:
H. F. No. 1071, A bill for an act relating to traffic
regulations; providing for speed limits of 65 miles per hour during daytime and
55 miles per hour during nighttime on paved two-lane highways; amending
Minnesota Statutes 2002, sections 169.14, subdivision 2; 169.99, subdivision
1b; 171.12, subdivision 6.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Sykora from the Committee on Education Policy to which
was referred:
H. F. No. 1098, A bill for an act relating to governmental
operations; prohibiting certain contracts between an executive branch agency
and an agency of the federal government; proposing coding for new law in
Minnesota Statutes, chapter 127A.
Reported the same back with the recommendation that the bill be
re-referred to the Committee on Education Finance without further
recommendation.
The report was adopted.
Haas from the Committee on State Government Finance to which
was referred:
H. F. No. 1126, A bill for an act relating to state government;
modifying provisions relating to shared technology systems funding; amending
Minnesota Statutes 2002, section 16E.01, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
Boudreau from the Committee on Health and Human Services Policy
to which was referred:
H. F. No. 1127, A bill for an act relating to human services;
changing continuing care provisions; amending Minnesota Statutes 2002, sections
252.32, subdivisions 1, 1a, 3, 3c; 256B.0621, subdivision 4; 256B.0625,
subdivision 19c; 256B.0627, subdivisions 1, 4, 9; 256B.0911, subdivision 4d;
256B.0915, by adding a subdivision; 256B.47, subdivision 2; repealing Minnesota
Statutes 2002, section 252.32, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
CONTINUING
CARE
Section 1. Minnesota
Statutes 2002, section 174.30, subdivision 1, is amended to read:
Subdivision 1.
[APPLICABILITY.] (a) The operating standards for special transportation
service adopted under this section do not apply to special transportation
provided by:
(1) a common carrier operating on fixed routes and schedules;
(2) a volunteer driver using a private automobile;
(3) a school bus as defined in section 169.01, subdivision 6;
or
(4) an emergency ambulance regulated under chapter 144.
(b) The operating standards adopted under this section
only apply to providers of special transportation service who receive grants or
other financial assistance from either the state or the federal government, or
both, to provide or assist in providing that service; except that the operating
standards adopted under this section do not apply to any nursing home licensed
under section 144A.02, to any board and care facility licensed under section
144.50, or to any day training and habilitation services, day care, or group
home facility licensed under sections 245A.01 to 245A.19 unless the facility or
program provides transportation to nonresidents on a regular basis and the
facility receives reimbursement, other than per diem payments, for that service
under rules promulgated by the commissioner of human services.
(c) Notwithstanding paragraph (b), the operating standards
adopted under this section do not apply to any vendor of services
licensed under chapter 245B that provides transportation services to
consumers or residents of other vendors licensed under chapter 245B.
Sec. 2. Minnesota
Statutes 2002, section 245B.07, subdivision 11, is amended to read:
Subd. 11. [TRAVEL TIME
TO AND FROM A DAY TRAINING AND HABILITATION SITE.] Except in unusual
circumstances, the license holder must not transport a consumer receiving
services for longer than one hour 90 minutes per one-way trip.
Sec. 3. Minnesota
Statutes 2002, section 252.27, subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTION
AMOUNT; PARENTAL COINSURANCE PAYMENTS.] (a) The natural or
adoptive parents of a minor child, including a child determined eligible for
medical assistance without consideration of parental income, must contribute
monthly to the cost of services through parental coinsurance payments
or a fixed monthly contribution, unless the child is married or has been
married, parental rights have been terminated, or the child's adoption is
subsidized according to section 259.67 or through title IV-E of the Social
Security Act. Parental coinsurance
payments are set at a percentage that is equal to the ratio between the
parental contribution calculated under paragraph (b) and the projected
cost of services under the child's care plan. Parental coinsurance payments apply each time a service is
accessed, subject to a monthly coinsurance limit equal to the monthly
parental contribution calculated under paragraph (b). Households that meet the criteria in paragraph
(b), clause (1), are exempt from parental coinsurance payments and
instead pay the fixed monthly contribution specified in that provision.
(b) For households with adjusted gross income equal to or
greater than 100 percent of federal poverty guidelines, the parental
contribution or fixed monthly contribution shall be the greater of a
minimum monthly fee of $25 for households with adjusted gross income of $30,000
and over, or an amount to be computed by applying the following schedule
of rates to the adjusted gross income of the natural or adoptive parents that
exceeds 150 percent of the federal poverty guidelines for the applicable
household size, the following schedule of rates:
(1) on the amount of adjusted gross income over 150 percent
of poverty, but not over $50,000, ten percent if the adjusted gross
income is equal to or greater than 100 percent of federal poverty
guidelines and less than 175 percent of federal poverty guidelines, the
fixed monthly contribution is $4 per month;
(2) on if the amount of adjusted gross
income over 150 percent of poverty and over $50,000 but not over $60,000, 12
percent is equal to or greater than 175 percent of federal poverty
guidelines and less than or equal to 375 percent of federal poverty
guidelines, the parental contribution shall be determined using a
sliding fee scale established by the commissioner of human services
which begins at one percent of adjusted gross income at 175 percent
of federal poverty guidelines and increases to 7.5 percent of adjusted
gross income for those with adjusted gross income up to 375 percent of
federal poverty guidelines;
(3) on if the amount of adjusted
gross income over 150 is greater than 375 percent of federal
poverty, and over $60,000 but not over $75,000, 14 percent guidelines
and less than 675 percent of federal poverty guidelines, the parental
contribution shall be 7.5 percent of adjusted gross income; and
(4) on all if the adjusted gross income amounts
over 150 is equal to or greater than 675 percent of federal
poverty, and over $75,000, 15 percent guidelines and less than 975
percent of federal poverty guidelines, the parental contribution shall
be ten percent of adjusted gross income; and
(5) if the adjusted gross income is equal to or greater than
975 percent of federal poverty guidelines, the parental contribution
shall be 12.5 percent of adjusted gross income.
If the child lives with the parent, the parental
contribution annual adjusted gross income is reduced by $200,
except that the parent must pay the minimum monthly $25 fee under this
paragraph $2,400 prior to calculating the parental contribution. If the child resides in an institution
specified in section 256B.35, the parent is responsible for the personal needs
allowance specified under that section in addition to the parental contribution
determined under this section. The
parental contribution is reduced by any amount required to be paid directly to
the child pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of
contribution under paragraph (b) includes natural and adoptive parents and
their dependents under age 21, including the child receiving services. Adjustments in the contribution amount due
to annual changes in the federal poverty guidelines shall be implemented on the
first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the
adjusted gross income of the natural or adoptive parents determined according
to the previous year's federal tax form.
(e) The contribution shall be explained in writing to the
parents at the time eligibility for services is being determined. The contribution shall be made on a monthly
basis effective with the first month in which the child receives services. Annually upon redetermination or at
termination of eligibility, if the contribution exceeded the cost of services
provided, the local agency or the state shall reimburse that excess amount to
the parents, either by direct reimbursement if the parent is no longer required
to pay a contribution, or by a reduction in or waiver of parental fees until
the excess amount is exhausted.
(f) The monthly contribution amount must be reviewed at least
every 12 months; when there is a change in household size; and when there is a
loss of or gain in income from one month to another in excess of ten
percent. The local agency shall mail a
written notice 30 days in advance of the effective date of a change in the contribution
amount. A decrease in the contribution
amount is effective in the month that the parent verifies a reduction in income
or change in household size.
(g) Parents of a minor child who do not live with each other
shall each pay the contribution required under paragraph (a), except that a. An amount equal to the annual
court-ordered child support payment actually paid on behalf of the child
receiving services shall be deducted from the contribution adjusted
gross income of the parent making the payment prior to calculating
the parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased by
an additional five percent if the local agency determines that insurance
coverage is available but not obtained for the child. For purposes of this section, "available" means the
insurance is a benefit of employment for a family member at an annual cost of
no more than five percent of the family's annual income. For purposes of this section,
"insurance" means health and accident insurance coverage, enrollment
in a nonprofit health service plan, health maintenance organization,
self-insured plan, or preferred provider organization.
Parents who have more than one child
receiving services shall not be required to pay more than the amount for the
child with the highest expenditures.
There shall be no resource contribution from the parents. The parent shall not be required to pay a
contribution in excess of the cost of the services provided to the child, not
counting payments made to school districts for education-related services. Notice of an increase in fee payment must be
given at least 30 days before the increased fee is due.
(i) The contribution under paragraph (b) shall be reduced by
$300 per fiscal year if, in the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to
the insurer, submitted a complaint or appeal, in writing, to the commissioner
of health or the commissioner of commerce, or litigated the complaint or
appeal; and
(4) as a result of the dispute, the insurer reversed its
decision and granted insurance.
For purposes of this section, "insurance" has the
meaning given in paragraph (h).
A parent who has requested a reduction in the contribution
amount under this paragraph shall submit proof in the form and manner
prescribed by the commissioner or county agency, including, but not limited to,
the insurer's denial of insurance, the written letter or complaint of the
parents, court documents, and the written response of the insurer approving
insurance. The determinations of the
commissioner or county agency under this paragraph are not rules subject to
chapter 14.
[EFFECTIVE DATE.] This
section is effective July 1, 2004.
Sec. 4. Minnesota
Statutes 2002, section 252.32, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM
ESTABLISHED.] In accordance with state policy established in section 256F.01
that all children are entitled to live in families that offer safe, nurturing,
permanent relationships, and that public services be directed toward preventing
the unnecessary separation of children from their families, and because many
families who have children with mental retardation or related conditions
disabilities have special needs and expenses that other families do not
have, the commissioner of human services shall establish a program to assist
families who have dependents dependent children with mental
retardation or related conditions disabilities living in their
home. The program shall make support
grants available to the families.
Sec. 5. Minnesota
Statutes 2002, section 252.32, subdivision 1a, is amended to read:
Subd. 1a. [SUPPORT
GRANTS.] (a) Provision of support grants must be limited to families who
require support and whose dependents are under the age of 22 21 and
who have mental retardation or who have a related condition and who have
been determined by a screening team established certified disabled
under Minnesota Statutes, section 256B.092 to be at risk of
institutionalization 256B.055, subdivision 12, paragraphs (a), (b),
(c), (d), and (e). Families who are
receiving home and community-based waivered services for persons with mental
retardation or related conditions under United States Code, title
42, section 1396n(c), are not eligible for support grants.
Families receiving grants who
will be receiving home and community-based waiver services for persons with
mental retardation or a related condition for their family member within the
grant year, and who have ongoing payments for environmental or vehicle
modifications which have been approved by the county as a grant expense and
would have qualified for payment under this waiver may receive a onetime grant
payment from the commissioner to reduce or eliminate the principal of the
remaining debt for the modifications, not to exceed the maximum amount
allowable for the remaining years of eligibility for a family support
grant. The commissioner is authorized
to use up to $20,000 annually from the grant appropriation for this
purpose. Any amount unexpended at the
end of the grant year shall be allocated by the commissioner in accordance with
subdivision 3a, paragraph (b), clause (2).
Families whose annual adjusted gross income is $60,000 or more are not
eligible for support grants except in cases where extreme hardship is
demonstrated. Beginning in state fiscal
year 1994, the commissioner shall adjust the income ceiling annually to reflect
the projected change in the average value in the United States Department of
Labor Bureau of Labor Statistics consumer price index (all urban) for that
year.
(b) Support grants may be made available as monthly subsidy
grants and lump sum grants.
(c) Support grants may be issued in the form of cash, voucher,
and direct county payment to a vendor.
(d) Applications for the support grant shall be made by the
legal guardian to the county social service agency. The application shall specify the needs of the families, the form
of the grant requested by the families, and that the families have
agreed to use the support grant for items and services within the
designated reimbursable expense categories and recommendations of the county
to be reimbursed.
(e) Families who were receiving subsidies on the date of
implementation of the $60,000 income limit in paragraph (a) continue to be
eligible for a family support grant until December 31, 1991, if all other
eligibility criteria are met. After December 31, 1991, these families are
eligible for a grant in the amount of one-half the grant they would otherwise
receive, for as long as they remain eligible under other eligibility criteria.
Families cannot concurrently receive the consumer support grant under
section 256.476.
Sec. 6. Minnesota Statutes
2002, section 252.32, subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF
SUPPORT GRANT; USE.] Support grant amounts shall be determined by the county
social service agency. Each service
Services and item items purchased with a support grant must:
(1) be over and above the normal costs of caring for the
dependent if the dependent did not have a disability;
(2) be directly attributable to the dependent's disabling
condition; and
(3) enable the family to delay or prevent the out-of-home placement
of the dependent.
The design and delivery of services and items purchased under
this section must suit the dependent's chronological age and be provided in the
least restrictive environment possible, consistent with the needs identified in
the individual service plan.
Items and services purchased with support grants must be those
for which there are no other public or private funds available to the
family. Fees assessed to parents for
health or human services that are funded by federal, state, or county dollars
are not reimbursable through this program.
In approving or denying applications, the county shall consider
the following factors:
(1) the extent and areas of the functional limitations of
the disabled child;
(2) the degree of need in the
home environment for additional support; and
(3) the potential effectiveness of the grant to maintain
and support the person in the family environment.
The maximum monthly grant amount shall be $250 per eligible
dependent, or $3,000 per eligible dependent per state fiscal year, within the
limits of available funds. The county
social service agency may consider the dependent's supplemental security income
in determining the amount of the support grant. The county social service
agency may exceed $3,000 per state fiscal year per eligible dependent for
emergency circumstances in cases where exceptional resources of the family are
required to meet the health, welfare-safety needs of the child.
County social service agencies shall continue to provide
funds to families receiving state grants on June 30, 1997, if eligibility
criteria continue to be met. Any
adjustments to their monthly grant amount must be based on the needs of the
family and funding availability.
Sec. 7. Minnesota
Statutes 2002, section 252.32, subdivision 3c, is amended to read:
Subd. 3c. [COUNTY BOARD
RESPONSIBILITIES.] County boards receiving funds under this section shall:
(1) determine the needs of families for services in
accordance with section 256B.092 or 256E.08 and any rules adopted under those
sections; submit a plan to the department for the management of
the family support grant program. The
plan must include the projected number of families the county will
serve and policies and procedures for:
(i) identifying potential families for the program;
(ii) grant distribution;
(iii) waiting list procedures; and
(iv) prioritization of families to receive grants;
(2) determine the eligibility of all persons proposed for
program participation;
(3) approve a plan for items and services to be reimbursed and
inform families of the county's approval decision;
(4) issue support grants directly to, or on behalf of, eligible
families;
(5) inform recipients of their right to appeal under
subdivision 3e;
(6) submit quarterly financial reports under subdivision 3b and
indicate on the screening documents the annual grant level for each
family, the families denied grants, and the families eligible but waiting for
funding; and
(7) coordinate services with other programs offered by the
county.
Sec. 8. Minnesota
Statutes 2002, section 252.41, subdivision 3, is amended to read:
Subd. 3. [DAY TRAINING
AND HABILITATION SERVICES FOR ADULTS WITH MENTAL RETARDATION, RELATED
CONDITIONS.] "Day training and habilitation services for adults with
mental retardation and related conditions" means services that:
(1) include supervision, training,
assistance, and supported employment, work-related activities, or other
community-integrated activities designed and implemented in accordance with the
individual service and individual habilitation plans required under Minnesota
Rules, parts 9525.0015 to 9525.0165, to help an adult reach and maintain the
highest possible level of independence, productivity, and integration into the
community; and
(2) are provided under contract with the county where the
services are delivered by a vendor licensed under sections 245A.01 to 245A.16
and 252.28, subdivision 2, to provide day training and habilitation services;
and
(3) are regularly provided to one or more adults with mental
retardation or related conditions in a place other than the adult's own home or
residence unless medically contraindicated.
Day training and habilitation services reimbursable under this
section do not include special education and related services as defined in the
Education of the Handicapped Act, United States Code, title 20, chapter 33,
section 1401, clauses (6) and (17), or vocational services funded under
section 110 of the Rehabilitation Act of 1973, United States Code, title
29, section 720, as amended.
Sec. 9. Minnesota
Statutes 2002, section 252.46, subdivision 1, is amended to read:
Subdivision 1. [RATES.]
(a) Payment rates to vendors, except regional centers, for county-funded day
training and habilitation services and transportation provided to persons
receiving day training and habilitation services established by a county board
are governed by subdivisions 2 to 19.
The commissioner shall approve the following three payment rates for
services provided by a vendor:
(1) a full-day service rate for persons who receive at least
six service hours a day, including the time it takes to transport the person to
and from the service site;
(2) a partial-day service rate that must not exceed 75 percent
of the full-day service rate for persons who receive less than a full day of
service; and
(3) a transportation rate for providing, or arranging and
paying for, transportation of a person to and from the person's residence to
the service site.
(b) The commissioner may also approve an hourly job-coach,
follow-along rate for services provided by one employee at or en route to or
from community locations to supervise, support, and assist one person receiving
the vendor's services to learn job-related skills necessary to obtain or retain
employment when and where no other persons receiving services are present and
when all the following criteria are met:
(1) the vendor requests and the county recommends the
optional rate;
(2) the service is prior authorized by the county on the
Medicaid Management Information System for no more than 414 hours in a 12-month
period and the daily per person charge to medical assistance does not exceed
the vendor's approved full day plus transportation rates;
(3) separate full day, partial day, and transportation rates
are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the
vendor's current average hourly direct service wage, including fringe benefits
and taxes, plus a component equal to the vendor's average hourly nondirect
service wage expenses; and
(5) the actual revenue received for provision of
hourly job-coach, follow-along services is subtracted from the vendor's total
expenses for the same time period and those adjusted expenses are used for
determining recommended full day and transportation payment rates under
subdivision 5 in accordance with the limitations in subdivision 3.
(b) Notwithstanding any law or rule to the contrary, the
commissioner may authorize county participation in a voluntary individualized
payment rate structure for day training and habilitation services to
allow a county the flexibility to change, after consulting with
providers, from a site-based payment rate structure to an individual
payment rate structure for the providers of day training and
habilitation services in the county.
The commissioner shall seek input from providers and consumers in
establishing procedures for determining the structure of voluntary
individualized payment rates to ensure that there is no additional cost
to the state and that the rate structure is cost-neutral to providers of
day training and habilitation services.
(c) Medical assistance rates for home and community-based service
provided under section 256B.501, subdivision 4, by licensed vendors of day
training and habilitation services must not be greater than the rates for the
same services established by counties under sections 252.40 to 252.46. For very dependent persons with special
needs the commissioner may approve an exception to the approved payment rate
under section 256B.501, subdivision 4 or 8.
Sec. 10. Minnesota
Statutes 2002, section 256.045, subdivision 3, is amended to read:
Subd. 3. [STATE AGENCY
HEARINGS.] (a) State agency hearings are available for the following: (1) any person applying for, receiving or
having received public assistance, medical care, or a program of social
services granted by the state agency or a county agency 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; (2) any patient or relative aggrieved by an
order of the commissioner under section 252.27; (3) a party aggrieved by a
ruling of a prepaid health plan; (4) except as provided under chapter 245A, 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; (5) any person whose
claim for foster care payment according to a placement of the child resulting
from a child protection assessment under section 626.556 is denied or not acted
upon with reasonable promptness, regardless of funding source; (6) any person
to whom a right of appeal according to this section is given by other provision
of law; (7) an applicant aggrieved by an adverse decision to an application for
a hardship waiver under section 256B.15; (8) except as provided under chapter
245A, an individual or facility determined to have maltreated a minor under
section 626.556, after the individual or facility has exercised the right to
administrative reconsideration under section 626.556; or (9) except as
provided under chapter 245A, an individual disqualified under section 245A.04,
subdivision 3d, on the basis of serious or recurring maltreatment; a
preponderance of the evidence that the individual has committed an act or acts
that meet the definition of any of the crimes listed in section 245A.04,
subdivision 3d, paragraph (a), clauses (1) to (4); or for failing to make
reports required under section 626.556, subdivision 3, or 626.557, subdivision
3; or (10) a vendor of medical care as defined in section 256B.02,
subdivision 7, or a vendor under contract to provide social services
under section 256E.08, subdivision 4, to the extent permitted under subdivision
11. Hearings regarding a
maltreatment determination under clause (4) or (8) and a disqualification under
this clause in which the basis for a disqualification is serious or recurring
maltreatment, which has not been set aside or rescinded under section 245A.04,
subdivision 3b, shall be consolidated into a single fair hearing. In such cases, the scope of review by the
human services referee shall include both the maltreatment determination and
the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a
hearing under this section if federal law provides an individual the right to a
hearing to dispute a finding of maltreatment.
Individuals and organizations specified in this section may contest the
specified action, 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, 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), (8), or (9) is the only administrative appeal to the final agency
determination specifically, including a challenge to the accuracy and
completeness of data under section 13.04.
Hearings requested under clause (4) apply only to incidents of
maltreatment that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a
contested case proceeding under the provisions of chapter 14. Hearings requested under clause (8) apply
only to incidents of maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility
under clause (8) is only available when there is no juvenile court or adult
criminal action pending. If such action
is filed in either court while an administrative review is pending, the
administrative review must be suspended until the judicial actions are
completed. If the juvenile court action
or criminal charge is dismissed or the criminal action overturned, the matter
may be considered in an administrative hearing.
For purposes of this section, bargaining unit grievance
procedures are not an administrative appeal.
The scope of hearings involving claims to foster care payments
under clause (5) shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement
agreement and, if so, the correct amount of foster care payment to be made on
the child's behalf and shall not include review of the propriety of the
county's child protection determination or child placement decision.
(b) 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, except if assisting a recipient as
provided in subdivision 4 or as provided under subdivision 11.
(c) 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.
(d) The commissioner may summarily affirm the county or state
agency's proposed action without a hearing when the sole issue is an automatic
change due to a change in state or federal law.
Sec. 11. Minnesota
Statutes 2002, section 256.045, subdivision 5, is amended to read:
Subd. 5. [ORDERS OF THE
COMMISSIONER OF HUMAN SERVICES.] 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 petitioner, the agency, 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 petitioner, the agency, 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, a county agency, or a prepaid health plan according to
subdivision 3a, 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.
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, unless assisting a recipient as provided in subdivision 4 or as
provided in subdivision 11.
A prepaid health plan is a party to an appeal under subdivision 3a, but
cannot seek judicial review of an order issued under this section.
Sec. 12. Minnesota
Statutes 2002, section 256.045, is amended by adding a subdivision to read:
Subd. 11.
[VENDOR APPEAL PROCESS.] A vendor of medical care as defined
in section 256B.02, subdivision 7, or a vendor under contract to provide
social services under section 256E.08, subdivision 4, may appeal an
action of a county board arising from the terms of a purchase of service
agreement between the vendor and the county that is proposed or in
effect, if the agreement:
(1) contains unreasonable or discriminatory outcome requirements,
performance criteria, or program objectives; or
(2) provides a rate of reimbursement that is unfair or discriminatory
when compared to the rates of reimbursement for other vendors in the
county providing similar services.
Sec. 13. Minnesota
Statutes 2002, section 256B.057, subdivision 9, is amended to read:
Subd. 9. [EMPLOYED
PERSONS WITH DISABILITIES.] (a) Medical assistance may be paid for a person who
is employed and who:
(1) meets the definition of disabled under the supplemental
security income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (b); and
(4) effective November 1, 2003, pays a premium, if
required, and other obligations under paragraph (c) (d).
Any spousal income or assets shall be disregarded for purposes
of eligibility and premium determinations.
After the month of enrollment, a person enrolled in medical
assistance under this subdivision who:
(1) is temporarily unable to work and without receipt of
earned income due to a medical condition, as verified by a physician, may
retain eligibility for up to four calendar months; or
(2) effective January 1, 2004, loses employment for reasons
not attributable to the enrollee, may retain eligibility for up to
four consecutive months after the month of job loss. To receive a four-month extension, enrollees must verify
the medical condition or provide notification of job loss. All other eligibility requirements
must be met and the enrollee must pay all calculated premium costs for
continued eligibility.
(b) For purposes of determining eligibility under this
subdivision, a person's assets must not exceed $20,000, excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts, including individual accounts, 401(k)
plans, 403(b) plans, Keogh plans, and pension plans; and
(3) medical expense accounts set up through the person's
employer.
(c)(1) Effective January 1, 2004, for purposes of eligibility,
there will be a $65 earned income disregard.
To be eligible, a person applying for medical assistance under
this subdivision must have earned income above the disregard level.
(2) Effective January 1, 2004, to be considered earned income,
Medicare, social security, and applicable state and federal income taxes
must be withheld. To be eligible, a
person must document earned income tax withholding.
(d)(1) A person whose earned and unearned income is
equal to or greater than 100 percent of federal poverty guidelines for the
applicable family size must pay a premium to be eligible for medical assistance
under this subdivision. The premium
shall be based on the person's gross earned and unearned income and the
applicable family size using a sliding fee scale established by the commissioner,
which begins at one five percent of income at for a
person whose income is equal to or greater than 100 percent but does not
exceed 175 percent of the federal poverty guidelines and increases to 7.5
percent of income for those with incomes at or above 300 225
percent of the federal poverty guidelines.
Annual adjustments in the premium schedule based upon changes in the
federal poverty guidelines shall be effective for premiums due in July of each
year.
(2) Effective January 1, 2004, all enrollees must pay a premium
to be eligible for medical assistance under this subdivision. An enrollee shall pay the greater of a $35
premium or the premium calculated in clause (1).
(3) Effective November 1, 2003, notwithstanding section 256B.0625,
subdivision 15, paragraph (a), the commissioner shall require enrollees
with incomes greater than 150 percent of the federal poverty guidelines
who are also enrolled in Medicare to pay the full cost of Medicare Part
B premiums.
(d) (e) A person's eligibility and premium shall
be determined by the local county agency.
Premiums must be paid to the commissioner. All premiums are dedicated to the commissioner.
(e) (f) Any required premium shall be determined
at application and redetermined annually at recertification at the
enrollee's six-month income review or when a change in income or family
household size occurs is reported. Enrollees must report any change in income or household
size within ten days of when the change occurs. A decreased premium resulting from a reported
change in income or household size shall be effective the first day of
the next available billing month after the change is reported. Except for changes occurring from annual
cost-of-living increases or verification of income under section 256B.061,
paragraph (b), a change resulting in an increased premium shall not
affect the premium amount until the next six-month review.
(f) (g) Premium payment is due upon notification
from the commissioner of the premium amount required. Premiums may be paid in installments at the discretion of the
commissioner.
current premiums due prior to
being reenrolled. Nonpayment
shall include payment with a returned, refused, or dishonored instrument. The commissioner may require a guaranteed
form of payment as the only means to replace a returned, refused, or dishonored
instrument. (g) (h) Nonpayment of the premium shall result in
denial or termination of medical assistance unless the person demonstrates good
cause for nonpayment. Good cause exists
if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7,
items B to D, are met. Except when
an installment agreement is accepted by the commissioner, all persons
disenrolled for nonpayment of a premium must pay any past due premiums
as well as
[EFFECTIVE DATE.] This
section is effective November 1, 2003, except the amendment to Minnesota
Statutes 2002, section 256B.057, subdivision 9, paragraph (d), is
effective January 1, 2004, and the amendments to Minnesota Statutes
2002, section 256B.057, subdivision 9, paragraphs (f) and (h), are
effective July 1, 2003.
Sec. 14. Minnesota
Statutes 2002, section 256B.0625, subdivision 17, is amended to read:
Subd. 17.
[TRANSPORTATION COSTS.] (a) Medical assistance covers transportation
costs incurred solely for obtaining emergency medical care or transportation
costs incurred by nonambulatory persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common carrier, or
other recognized providers of transportation services. For the purpose of this subdivision, a
person who is incapable of transport by taxicab or bus shall be considered to
be nonambulatory.
(b) Medical assistance covers special transportation, as
defined in Minnesota Rules, part 9505.0315, subpart 1, item F, if the provider
receives and maintains a current physician's order by the recipient's attending
physician certifying that the recipient has a physical or mental impairment
that would prohibit the recipient from safely accessing and using a bus, taxi,
other commercial transportation, or private automobile. and the
recipient:
(1) requires a wheelchair-accessible van or a stretcher-accessible
vehicle; or
(2) does not require a wheelchair-accessible van or a stretcher-accessible
vehicle but:
(i) resides in a facility licensed by or registered with
the commissioner of human services or the commissioner of health; or
(ii) needs special transportation service to access dialysis
or radiation therapy services.
Individuals certified as needing a wheelchair-accessible van or a
stretcher-accessible vehicle must have the physician certification
renewed every three years. All
other individuals must have the physician certification renewed
annually. Special transportation
includes driver-assisted service to eligible individuals. Driver-assisted
service includes passenger pickup at and return to the individual's residence
or place of business, assistance with admittance of the individual to the
medical facility, and assistance in passenger securement or in securing of
wheelchairs or stretchers in the vehicle.
The commissioner shall establish maximum medical assistance
reimbursement rates for special transportation services for persons who need a
wheelchair-accessible van or stretcher-accessible vehicle and for those who do
not need a wheelchair-accessible van or stretcher-accessible vehicle. The average of these two rates per trip must
not exceed $15 for the base rate and $1.40 per mile. Special transportation provided to nonambulatory persons who do
not need a wheelchair-accessible van or stretcher-accessible vehicle, may be
reimbursed at a lower rate than special transportation provided to persons who
need a wheelchair-accessible van or stretcher-accessible vehicle.
(c) The maximum medical assistance reimbursement rates for
special transportation services are:
(1) $18 for the base rate and $1.40 per mile for services
to persons who need a wheelchair-accessible van;
(2) $36 for the base rate and $1.40 per mile for services
to persons who need a stretcher-accessible vehicle;
(3) $9 per trip for the attendant rate for wheelchair-accessible
vans or stretcher accessible vehicles; and
(4) $12 for the base rate and
$1.40 per mile for services provided to persons who do not need a
wheelchair-accessible van or stretcher-accessible vehicle.
(d) In order to receive reimbursement under this subdivision,
all providers must maintain a daily log book that is signed by an
authorized representative of the emergency or nonemergency medical
facility to which an individual is transported. The log book must list the date and time the
nonambulatory person is received at the medical facility. All log books must be retained for at
least five years. All providers
of special transportation services must use a commercially available
computer mapping software program selected by the commissioner to
calculate mileage for purposes of reimbursement under this subdivision.
(e) A provider may not receive reimbursement under this subdivision
for providing transportation solely for the purpose of transporting an
individual to a pharmacy. A provider
may receive reimbursement for transporting an individual to a pharmacy
if the visit occurs following a visit to a medical facility at which a
prescription was provided. A special
transportation provider may not receive reimbursement under this subdivision
for transporting a child to school, unless the special transportation
service is needed to obtain nonemergency medical care at the school and
a less costly alternative form of transportation is not available.
(f) The medical assistance benefit plan shall include a $1
co-payment for special transportation services provided to individuals
who do not need a wheelchair-accessible van or stretcher-accessible
vehicle, effective for services provided on or after October 1,
2003. Recipients of medical assistance
are responsible for all co-payments in this subdivision. Co-payments
shall be subject to the following exceptions:
(1) children under the age of 21;
(2) pregnant women for services that relate to the pregnancy
or any other medical condition that may complicate the pregnancy;
(3) recipients expected to reside for at least 30 days in a
hospital, nursing home, or intermediate care facility for the mentally
retarded;
(4) recipients receiving hospice care;
(5) 100 percent federally funded services provided by an
Indian health service;
(6) services that are paid by Medicare, resulting in the
medical assistance program paying for the coinsurance and deductible;
and
(7) co-payments that exceed one per day per provider.
The medical assistance reimbursement to the provider shall
be reduced by the amount of the co-payment.
The provider collects the co-payment from the recipient. Providers may not deny services to
individuals who are unable to pay the co-payment. Providers must accept an assertion from the
recipient that they are unable to pay.
(f) The commissioner is prohibited from using a broker or
coordinator to manage special transportation services.
Sec. 15. Minnesota Statutes
2002, section 256B.092, subdivision 1a, is amended to read:
Subd. 1a. [CASE
MANAGEMENT ADMINISTRATION AND SERVICES.] (a) The administrative functions of
case management provided to or arranged for a person include:
(1) intake review of eligibility for services;
(2) diagnosis screening;
(3) screening intake;
(4) service authorization diagnosis;
(5) review of eligibility for services individualized
service plan development;
(6) service authorization; and
(6) (7) responding to requests for conciliation
conferences and appeals according to section 256.045 made by the person, the
person's legal guardian or conservator, or the parent if the person is a minor.
(b) Case management service activities provided to or arranged
for a person include:
(1) development of the individual service plan;
(2) informing in consultation with the individual
or and the individual's legal guardian or conservator, or parent
if the person is a minor, of service options medical experts, and
service providers;
(3) (2) assisting the person in the
identification of potential providers;
(4) assisting the person to access services;
(5) (3) coordination of services, if
coordination is not provided by the service provider;
(6) evaluation and monitoring of the services identified in
the plan; and
(7) (4) annual reviews of service plans and
services provided.
(c) Case management administration and service activities that
are provided to the person with mental retardation or a related condition shall
be provided directly by county agencies or under contract.
(d) Case managers are responsible for the administrative
duties and service provisions listed in paragraphs (a) and (b). Case managers shall work with consumers,
families, legal representatives, and relevant service providers in the
development and annual review of the individualized service and habilitation
plans.
(e) The department of human services shall offer ongoing
education in case management to case managers. Case managers shall receive no less than ten hours of case
management education and training each year.
Sec. 16. Minnesota
Statutes 2002, section 256B.092, subdivision 5, is amended to read:
Subd. 5. [FEDERAL
WAIVERS.] (a) The commissioner shall apply for any federal waivers necessary to
secure, to the extent allowed by law, federal financial participation under
United States Code, title 42, sections 1396 et seq., as amended, for the
provision of services to persons who, in the absence of the services, would
need the level of care provided in a regional treatment center or a community
intermediate care facility for persons with mental retardation or related
conditions. The commissioner may seek
amendments to the waivers or apply for additional waivers under United States
Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall ensure that payment
for the cost of providing home and community-based alternative services under
the federal waiver plan shall not exceed the cost of intermediate care services
including day training and habilitation services that would have been provided
without the waivered services.
(b) The commissioner, in
administering home and community-based waivers for persons with mental
retardation and related conditions, shall ensure that day services for eligible
persons are not provided by the person's residential service provider, unless
the person or the person's legal representative is offered a choice of
providers and agrees in writing to provision of day services by the residential
service provider. The individual
service plan for individuals who choose to have their residential service
provider provide their day services must describe how health, safety, and
protection, and habilitation needs will be met by,
including how frequent and regular contact with persons other than the
residential service provider will occur.
The individualized service plan must address the appropriateness
of receiving habilitative services outside the residence on weekdays.
Sec. 17. [256B.492]
[REGIONAL MANAGEMENT OF HOME AND COMMUNITY-BASED WAIVER SERVICES.]
Subdivision 1.
[REGION.] For the purposes of this section, "region"
means a county or a group of counties, with a population of 100,000 or
more, that have formed a joint powers agreement to manage the home and
community-based waiver services.
Subd. 2.
[PURPOSE.] Counties may form joint powers agreements for the
purpose of regionally managing the home and community-based waiver
services under sections 256B.0916 and 256B.49. Counties with a population of less than 100,000 are encouraged
to form joint powers agreements with other counties to regionally manage
the home and community-based waiver services under sections 256B.0916
and 256B.49.
Subd. 3.
[REGIONAL WAIVER AUTHORITY.] One of the parties to the joint
powers agreement shall be designated the regional waiver authority and
shall monitor regional authorizations and expenditures. The joint powers agreement shall specify how
decisions are made on authorizations and expenditures from the home
and community-based waiver allocation.
Subd. 4. [FISCAL
MANAGEMENT.] A region may expend up to two percent more than its home
and community-based allocation in a given fiscal year if the region
underspends by the same amount the following fiscal year. A region may carry forward a resource
allocation of unspent resources within its home and community-based
waiver services allocation from year to year.
Subd. 5.
[COMMISSIONER'S AUTHORITY.] When waiver resources are distributed
to a group of counties, the commissioner may (1) require a joint powers
agreement; (2) contract with a public or private agency; or (3) require
both to administer the waiver program for that geographic area. The commissioner is responsible for
assuring that funds are used properly within the amount allocated.
Sec. 18. Minnesota
Statutes 2002, section 256B.501, subdivision 1, is amended to read:
Subdivision 1.
[DEFINITIONS.] For the purposes of this section, the following terms
have the meaning given them.
(a) "Commissioner" means the commissioner of human
services.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed as a supervised
living facility under chapter 144, and certified as an intermediate care
facility for persons with mental retardation or related conditions. The term does not include a state regional
treatment center.
(c) "Habilitation services" means health and
social services directed toward increasing and maintaining the physical,
intellectual, emotional, and social functioning of persons with mental
retardation or related conditions. Habilitation services include
therapeutic activities, assistance, training, supervision, and
monitoring in the areas of self-care,
sensory and motor development, interpersonal skills, communication,
socialization, reduction or elimination of maladaptive behavior,
community living and mobility, health care, leisure and recreation,
money management, and household chores.
(d) "Services during the day" means services or
supports provided to a person that enables the person to be fully integrated
into the community. Services during the
day must include habilitation services, and may include a variety of
supports to enable the person to exercise choices for community integration
and inclusion activities. Services
during the day may include, but are not limited to: supported work, support during
community activities, community volunteer opportunities, adult day care,
recreational activities, and other individualized integrated supports.
(e) "Waivered service" means home or
community-based service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1987, and defined in the Minnesota state
plan for the provision of medical assistance services. Waivered services include, at a minimum,
case management, family training and support, developmental training homes,
supervised living arrangements, semi-independent living services, respite care,
and training and habilitation services.
Sec. 19. Minnesota
Statutes 2002, section 256B.501, is amended by adding a subdivision to read:
Subd. 3m.
[SERVICES DURING THE DAY.] When establishing a rate for
services during the day, the commissioner shall ensure that these
services comply with active treatment requirements for persons residing
in an ICF/MR as defined under federal regulations and shall ensure that
day services for eligible persons are not provided by the person's
residential service provider, unless the person or the person's legal
representative is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider, consistent
with the individual service plan. The
individual service plan for individuals who choose to have their residential
service provider provide their day services must describe how health,
safety, protection, and habilitation needs will be met, including how
frequent and regular contact with persons other than the residential
service provider will occur.
Sec. 20. Minnesota
Statutes 2002, section 256B.5013, subdivision 4, is amended to read:
Subd. 4. [TEMPORARY
RATE ADJUSTMENTS TO ADDRESS OCCUPANCY AND ACCESS.] Beginning July 1, 2002, the
commissioner shall adjust the total payment rate for up to 75 days for the
remaining recipients for facilities in which the monthly occupancy rate of
licensed beds is 75 percent or greater, if the vacancy or vacancies
are due to a facility reserving beds for crisis respite care or respite
care for medically fragile individuals. This mechanism shall not be used to pay for hospital or
therapeutic leave days beyond the maximums allowed.
Sec. 21. Minnesota
Statutes 2002, section 256B.5015, is amended to read:
256B.5015 [PASS-THROUGH OF TRAINING AND HABILITATION OTHER
SERVICES COSTS.]
Subdivision 1.
[DAY TRAINING AND HABILITATION SERVICES.] Day training and
habilitation services costs shall be paid as a pass-through payment at the
lowest rate paid for the comparable services at that site under sections 252.40
to 252.46. The pass-through payments
for training and habilitation services shall be paid separately by the
commissioner and shall not be included in the computation of the ICF/MR
facility total payment rate.
Subd. 2.
[SERVICES DURING THE DAY.] Services during the day, as defined
in section 256B.501, but excluding day training and habilitation
services, shall be paid as a pass-through payment no later than January
1, 2004. The commissioner shall establish
rates for these services, other than day training and habilitation
services, at levels that do not exceed 60 percent of a recipient's day
training and habilitation costs prior to the service change.
When establishing a rate for
these services, the
Sec. 22. [256M.01]
[CITATION.]
Sections 256M.01 to 256M.80 may be cited as the
"Children and Community Services Act." This act establishes a fund to address
the needs of children, adolescents, and young adults within each county
in accordance with a service agreement entered into by the board of
county commissioners of each county and the commissioner of human
services. The service agreement shall
specify the outcomes to be achieved, the general strategies to be
employed, and the respective state and county roles. The service agreement shall be reviewed and
updated every two years, or sooner if both the state and the county deem
it necessary. Nothing in this act is
intended to limit the ability of counties to provide services to adults
over age 25.
Sec. 23. [256M.10]
[DEFINITIONS.]
Subdivision 1.
[SCOPE.] For the purposes of sections 256M.01 to 256M.80, the
terms defined in this section have the meanings given them.
Subd. 2.
[CHILDREN AND COMMUNITY SERVICES.] (a) "Children and
community services" means services provided or arranged for by
county boards for children, adolescents, and adults who experience
dependency, abuse, neglect, poverty, disability, chronic health
conditions, or other factors, including ethnicity and race, that may
result in poor outcomes or disparities, as well as services for family
members to support those individuals.
(b) Services eligible as allowable expenditures under sections
256M.01 to 256M.80 include, but are not limited to, services that:
(1) protect a person from harm;
(2) support permanent living arrangements;
(3) provide treatment;
(4) maintain family relationships;
(5) increase parenting skills;
(6) reduce substance abuse; and
(7) reduce domestic violence.
These services may be provided by professionals or nonprofessionals,
including the person's natural supports in the community.
(c) Services shall, to the extent possible:
(1) build on family and community strengths;
(2) help prevent crisis by meeting needs early;
(3) provide transitional supports to adolescents and young
adults making the transition to adulthood;
(4) offer help in basic needs, special needs, and referrals;
(5) respond flexibly to the needs of the person and the family;
(6) be culturally sensitive and responsive to the needs of
the person; and
(7) be offered in the family home as well as in other settings.
(d) Children and community services do not include services
under the public assistance programs known as the Minnesota family
investment program, Minnesota supplemental aid, medical assistance,
general assistance, general assistance medical care, MinnesotaCare, or
community health services.
Subd. 3.
[COMMISSIONER.] "Commissioner" means the commissioner
of human services.
Subd. 4. [COUNTY
BOARD.] "County board" means the board of county
commissioners in each county.
Subd. 5. [FORMER
CHILDREN'S SERVICES AND COMMUNITY SERVICE GRANTS.] "Former children's
services and community service grants" means allocations for the
following grants:
(1) community social service grants under sections 252.24,
256E.06, and 256E.14;
(2) family preservation grants under section 256F.05, subdivision
3;
(3) concurrent permanency planning grants under section 260C.213,
subdivision 5;
(4) social service block grants (Title XX) under section
256E.07; and
(5) children's mental health grants under sections 245.4886
and 260.152.
Subd. 6. [HUMAN
SERVICES BOARD.] "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976,
chapter 340.
Subd. 7. [YOUNG
ADULT.] "Young adult" means a person between the ages of 18
and 25.
Sec. 24. [256M.70]
[FISCAL LIMITATIONS.]
Subdivision 1.
[SERVICE LIMITATION.] If the county has met the requirements
in subdivisions 2 to 4, the county shall not be required to provide
children and community services beyond requirements in federal or
state law.
Subd. 2.
[DEMONSTRATION OF REASONABLE EFFORT.] The county shall make
reasonable efforts to comply with all children and community services
requirements. For the purposes of this
section, a county is making reasonable efforts if the county has made
efforts to comply with requirements within the limits of available
funding, including efforts to identify and apply for commonly available
state and federal funding for services.
Subd. 3.
[IDENTIFICATION OF SERVICES TO BE PROVIDED.] If a county has
made reasonable efforts to comply with all applicable administrative
rule requirements and is unable to meet all requirements, the county
must provide services using the following considerations:
(1) providing services needed to protect individuals from
maltreatment, abuse, and neglect;
(2) providing emergency and crisis services needed to protect
clients from physical, emotional, or psychological harm;
(3) assessing and documenting the needs of persons applying
for services and referring to appropriate services when necessary;
(4) providing public guardianship services;
(5) fulfilling licensing responsibilities delegated to the
county by the commissioner under section 245A.16;
(6) providing day training and habilitation services for
children, adolescents, young adults, and adults over age 25 with developmental
disabilities; and
(7) providing case management for persons with developmental
disabilities, children with serious emotional disturbances, and adults
with serious and persistent mental illness.
Subd. 4.
[DENIAL, REDUCTION, OR TERMINATION OF SERVICES DUE TO FISCAL
LIMITATIONS.] 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. 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 must inform the individual and the individual's guardian in
writing that the county will, upon request, meet to discuss alternatives
before services are terminated or reduced.
Subd. 5. [APPEAL
RIGHTS.] An individual who applies for or receives children and
community services under this chapter, whose application is denied, or
whose services are reduced or terminated has the right to a fair hearing
under section 256.045.
Subd. 6. [RIGHT
TO PETITION FOR REVIEW.] Any individual who applies for or receives
children and community services under this chapter, whose application is
denied, or whose services are reduced or terminated may petition the
commissioner to review the county's performance under the county service
agreement. The petition must be in
writing and must be specific as to what action the individual believes
is inconsistent with the county service agreement, and what action the
individual believes should be required.
Upon receiving a petition, the commissioner shall have 60 days in
which to make a reply in writing as to its determination and any
corrective action required.
Notwithstanding any state law to the contrary, and subject to
provisions of federal law, during this time period, the denial of
eligibility or reduction or termination of services shall take effect,
unless the commissioner determines this would endanger the life or
safety of the individual.
Sec. 25. [COST
MANAGEMENT OF HOME AND COMMUNITY-BASED WAIVERED SERVICES.]
(a) The commissioner of human services shall efficiently
allocate and manage limited home and community-based waiver services
program resources to achieve the following outcomes:
(1) the establishment of feasible and viable alternatives
for persons in institutional or hospital settings to relocate to home
and community-based settings;
(2) the availability of timely assistance to persons
at imminent risk of institutional or hospital placement or whose health
and safety is at immediate risk; and
(3) the maximum provision of essential community supports
to eligible persons in need of and waiting for home and community-based
service alternatives.
(b) The commissioner shall monitor the costs of home and
community-based services, and may adjust home and community-based
service allocations, as necessary, to assure that program costs are
managed within available funding. When
making this determination, the commissioner shall give consideration
to offsets that may occur in other programs as a result of the
availability and use of home and community-based services.
(c) The commissioner shall allocate home and community-based
resources to local/regional entities in a manner that considers:
(1) the historical costs of serving individuals in a county
or region;
(2) the individualized service plans for current recipients
and eligible individuals expected to enter the waiver during the fiscal
year; and
(3) the need for crisis services or other short-term services
required because of unforeseen circumstances.
(d) The commissioner may reallocate resources from one county
or region to another if available funding in that county or region is
not likely to be spent and the reallocation is necessary to achieve the
outcomes specified in paragraph (a).
Sec. 26. [SERVICE
PRIORITIES.]
For the 2004-2005 biennium, the commissioner shall monitor
all available home and community-based waiver resources to support
the following priorities for service for eligible individuals:
(1) children or adults who cannot be maintained safely in
their current living situation without waiver services;
(2) children or adults in unstable living situations due to
significant needs, age, or incapacity of the primary caregiver; and
(3) other persons who have been screened and are eligible,
including those living in an ICF/MR, who are on a waiting list maintained
by the date of screening document.
Sec. 27. [HOME AND
COMMUNITY-BASED WAIVER RESOURCE MANAGEMENT STATEWIDE.]
The commissioner shall manage program resources during the
2004-2005 biennium to assure that all available funds are allocated
to meet the service priority needs and maintain a reserve statewide of
no more than three percent of available funds. In order to effectively manage available resources to meet
service priorities, the commissioner shall enable counties to manage
resources on a regional basis.
Sec. 28. [DENIAL,
REDUCTION, OR TERMINATION OF WAIVER SERVICES.]
For the 2004-2005 biennium, before a county denies, reduces,
or terminates home and community-based services under sections 256B.0916
and 256B.49 for an individual, the case manager must meet with the
individual or the individual's guardian and prioritize service needs
based on the individualized service plan. The percentage reduction in the dollar value of
authorized services for an individual due to waiver rebasing or
reductions in waiver funding may not exceed twice the percentage
reduction in total funding to the county for that waivered service due
to waiver rebasing or a reduction in waiver funding.
Sec. 29. [DIRECTION TO
THE COMMISSIONER; HOME AND COMMUNITY-BASED SERVICES RESOURCE ALLOCATION METHOD
DEVELOPMENT.]
The commissioner shall consult with representatives of persons
with disabilities, their families and guardians, counties, service
providers, and advocacy organizations to develop recommendations for a
statewide method of allocating resources sufficient to meet the
identified needs of persons eligible for home and community-based waiver
services under Minnesota Statutes, sections 256B.0916 and 256B.49. The recommendations shall include
provisions that address the feasibility of offering incentives to
persons with less urgent service needs who are receiving services or on
the waiting list to postpone their access to home and community-based
service options. The
recommendations shall be provided to the legislative committees with
jurisdiction over health and human services issues by January 15, 2004.
Sec. 30. [HOME AND
COMMUNITY-BASED SERVICES FUNDING METHODOLOGY.]
Beginning July 1, 2003, before making significant changes
in the funding methodology for the home and community-based waiver
for persons with mental retardation or a related condition, the
commissioner shall consult with representatives of counties, service
providers, and persons with disabilities and their families to provide
specific information about the funding formula and funding changes and
the opportunity to comment at least 90 days before the changes become
effective.
Sec. 31. [CASE MANAGEMENT ACCESS FOR HOME AND COMMUNITY-BASED
WAIVER RECIPIENTS.]
For the 2004-2005 biennium, when a person requests case management
services under Minnesota Statutes, section 256B.092 or 256B.49,
subdivision 13, the county must determine whether the person qualifies
and begin the screening process within ten working days and
individualized service plan development and provide case management
services to those eligible within a reasonable time. If a county is unable to provide case management
services, the county shall contract for case management services to meet
the obligation.
Sec. 32. [DIRECTION TO
THE COMMISSIONER; CASE MANAGEMENT SERVICES.]
In consultation with representatives for consumers, consumer
advocates, counties, and service providers, the commissioner shall
develop proposed legislation for case management changes that will (1)
streamline administration, (2) improve consumer access to case
management services, (3) assess the feasibility of a comprehensive
universal assessment protocol for persons seeking community supports,
(4) establish accountability for funds and performance measures, and (5)
provide for consumer choice of the case management service vendor. The proposed legislation shall be provided
to the legislative committees with jurisdiction over health and human
services issues by February 15, 2004.
Sec. 33. [DIRECTION TO
THE COMMISSIONER; SEMI-INDEPENDENT LIVING SERVICES AND FAMILY SUPPORT GRANT
CONSOLIDATION.]
The commissioner shall consolidate the semi-independent living
services and family support grants, under Minnesota Statutes, sections
252.275 and 256.476, and require a county contribution equal to 20
percent of the total amount expended on the grant program, by January 1,
2004.
Sec. 34. [STATE-OPERATED SERVICES STUDY.]
The commissioner of human services shall study alternate
methods of providing services to persons with developmental disabilities
served in state-operated community services (SOCS), including, but not
limited to, how the services could be privatized by June 30, 2005. The commissioner also shall study the
Minnesota extended treatment options, including an analysis of the
population served by the program and the effectiveness of the
program. The commissioner shall report
on the results of the study under this section to the chairs of the
house and senate committees with jurisdiction over state-operated
services by January 15, 2004.
Sec. 35. [VACANCY
LISTINGS.]
The commissioner of human services shall work with interested
stakeholders on how provider and industry specific Web sites can provide
useful information to consumers on bed vacancies for group residential
housing providers and intermediate care facilities for persons with
mental retardation and related conditions. Providers and industry trade organizations are responsible
for all costs related to maintaining Web sites listing bed vacancies.
Sec. 36. [CASE
MANAGEMENT SERVICES.]
Notwithstanding any other law or rule to the contrary, all
case management services provided to individuals for nonwaivered services
shall be paid by the state.
Sec. 37. [REVIEW OF
SPECIAL TRANSPORTATION ELIGIBILITY CRITERIA.]
The commissioner of human services, in consultation with
the commissioner of transportation and special transportation service
providers, shall review eligibility criteria for medical assistance
special transportation services and shall evaluate whether the level of
special transportation services provided should be based on the degree
of impairment of the client, as well as the medical diagnosis. The commissioner shall present recommendations
for changes in the eligibility criteria for special transportation
services to the chairs and ranking minority members of the house and
senate committees with jurisdiction over health and human services
spending by January 15, 2004.
Sec. 38. [HOMELESS
SERVICES; STATE CONTRACTS.]
Nonprofit organizations providing homeless services in two
or more counties may apply directly to the commissioner of human services
for a contract to provide services. No
more than two percent of Community Social Services Act funds are set
aside to provide for contracts under this section.
Sec. 39. [REPEALER.]
(a) Minnesota Statutes 2002, sections 245.4886; 245.496;
252.32, subdivision 2; 254A.17; 256B.0945, subdivisions 6, 7, 8, 9,
and 10; 256E.01; 256E.02; 256E.03; 256E.04; 256E.05; 256E.06; 256E.07;
256E.09; 256E.10; 256E.11; 256E.115; 256E.12; 256E.13; 256E.14; 256E.15;
256F.01; 256F.02; 256F.03; 256F.04; 256F.05; 256F.06; 256F.07; 256F.08;
256F.11; 256F.12; 256F.14; 257.075; 257.81; 260.152; and 626.562, are
repealed.
(b) Minnesota Rules, parts 9550.0010; 9550.0020; 9550.0030;
9550.0040; 9550.0050; 9550.0060; 9550.0070; 9550.0080; 9550.0090;
9550.0091; 9550.0092; and 9550.0093, are repealed.
ARTICLE
2
REDUCTION
OF DUPLICATIVE HEALTH AND HUMAN SERVICES
LICENSING
ACTIVITIES
Section 1. Minnesota
Statutes 2002, section 144.057, subdivision 1, is amended to read:
Subdivision 1.
[BACKGROUND STUDIES REQUIRED.] The commissioner of health shall contract
with the commissioner of human services to conduct background studies of:
(1) 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; ICF/MR certified by the commissioner of health as intermediate
care facilities that provide services for persons with mental
retardation or related conditions under Code of Federal Regulations,
title 42, section 483; residential care homes licensed under chapter 144B,
and board and lodging establishments that are registered to provide supportive
or health supervision services under section 157.17;
(2) individuals specified in section 245A.04, subdivision 3,
paragraph (c), who perform direct contact services in a nursing home or a home
care agency licensed under chapter 144A or a boarding care home licensed under
sections 144.50 to 144.58, and if the individual under study resides outside
Minnesota, the study must be at least as comprehensive as that of a Minnesota
resident and include a search of information from the criminal justice data
communications network in the state where the subject of the study resides;
(3) beginning July 1, 1999, all other employees in nursing
homes licensed under chapter 144A, and boarding care homes licensed under
sections 144.50 to 144.58. A
disqualification of an individual in this section shall disqualify the
individual from positions allowing direct contact or access to patients or
residents receiving services.
"Access" means physical access to a client or the client's
personal property without continuous, direct supervision as defined in section
245A.04, subdivision 3, paragraph (b), clause (2), when the employee's
employment responsibilities do not include providing direct contact services;
(4) individuals employed by a supplemental nursing services
agency, as defined under section 144A.70, who are providing services in health
care facilities; and
(5) controlling persons of a supplemental nursing services
agency, as defined under section 144A.70.
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.
Sec. 2. Minnesota
Statutes 2002, section 144.50, subdivision 6, is amended to read:
Subd. 6. [SUPERVISED
LIVING FACILITY LICENSES.] (a) The commissioner may license as a supervised
living facility a facility seeking medical assistance certification as an
intermediate care facility for persons with mental retardation or related
conditions for four or more persons as authorized under section 252.291.
(b) Class B supervised living facilities shall be classified as
follows for purposes of the State Building Code:
(1) Class B supervised living facilities for six or less
persons must meet Group R, Division 3, occupancy requirements; and
(2) Class B supervised living
facilities for seven to 16 persons must meet Group R, Division 1, occupancy
requirements.
(c) Class B facilities classified under paragraph (b), clauses
(1) and (2), must meet the fire protection provisions of chapter 21 of the 1985
Life Safety Code, NFPA 101, for facilities housing persons with impractical
evacuation capabilities, except that Class B facilities licensed prior to July
1, 1990, need only continue to meet institutional fire safety provisions. Class B supervised living facilities shall
provide the necessary physical plant accommodations to meet the needs and
functional disabilities of the residents.
For Class B supervised living facilities licensed after July 1,
1990, and housing nonambulatory or nonmobile persons, the corridor access to
bedrooms, common spaces, and other resident use spaces must be at least five
feet in clear width, except that a waiver may be requested in accordance with
Minnesota Rules, part 4665.0600.
(d) The commissioner may license as a Class A
supervised living board and lodge facility under chapter 157 as
a residential program for chemically dependent individuals that allows children
to reside with the parent receiving treatment in the facility. The licensee of the program shall be
responsible for the health, safety, and welfare of the children residing in the
facility. The facility in which the
program is located must be provided with a sprinkler system approved by the
state fire marshal. The licensee shall
also provide additional space and physical plant accommodations appropriate for
the number and age of children residing in the facility. For purposes of license capacity, each child
residing in the facility shall be considered to be a resident.
Sec. 3. [144.601]
[ICF/MR; LICENSURE.]
Subdivision 1.
[REQUIREMENTS GOVERNING ICF/MR.] (a) When certifying an
intermediate care facility for persons with mental retardation or
related conditions or ICF/MR, the commissioner shall:
(1) license the facility as a supervised living facility
under sections 144.50 to 144.58;
(2) assure compliance with requirements set forth in the
Code of Federal Regulations governing intermediate care facilities
for persons with mental retardation or related conditions;
(3) enforce requirements governing the use of aversive and
deprivation procedures set forth in Minnesota Rules, parts 9525.2700
to 9525.2810; and
(4) assure compliance with the psychotropic medication use
checklist defined under section 245B.02, subdivision 19.
(b) The commissioner of health may not grant a variance to
any requirements governing use of aversive and deprivation procedures
under Minnesota Rules, parts 9525.2700 to 9525.2810; compliance with the
psychotropic medication use checklist; or provisions governing data
practices.
(c) The commissioner of health shall monitor compliance with
the requirements governing ICFs/MR in subdivisions 2 to 14.
Subd. 2.
[CONSUMER HEALTH.] The license holder is responsible for
meeting a consumer's health service needs assigned to the license holder
in the individual service plan and for bringing a consumer's health
needs, as discovered by the license holder, promptly to the attention of
the consumer, the consumer's legal representative, and the case manager.
Subd. 3. [FIRST AID.] When the license holder is
providing direct service and supervision to a consumer who requires a
24-hour plan of care and receives services at an ICF/MR, the license
holder must have available a staff person trained in first aid and
cardiopulmonary resuscitation from a qualified source, as determined by
the commissioner.
Subd. 4.
[REPORTING INCIDENTS.] (a) The license holder must maintain
information about and report incidents to a consumer's legal
representative, other licensed caregiver, if any, and case manager
within 24 hours of the occurrence, or within 24 hours of receipt of the
information unless the incident has been reported by another license
holder.
(b) When the incident involves more than one consumer, the
license holder must not disclose personally identifiable information
about any other consumer when making the report to each consumer's legal
representative, other licensed caregiver, if any, and case manager,
unless the license holder has the consent of a consumer or a consumer's
legal representative.
(c) Within 24 hours of reporting maltreatment as required
under section 626.556 or 626.557, the license holder must inform the
consumer's legal representative and case manager of the report unless
there is reason to believe that the legal representative or case manager
is involved in the suspected maltreatment. The information the license holder must disclose is the
nature of the activity or occurrence reported, the agency that received
the report, and the telephone number of the commissioner of health's
office of health facility complaints.
(d) The license holder must report a consumer's death or
serious injury to the commissioner of health and the ombudsman, as
required under sections 245.91 and 245.94, subdivision 2a.
(e) For purposes of this subdivision, "incident"
means any of the following:
(1) serious injury as determined by section 245.91, subdivision
6;
(2) a consumer's death;
(3) any medical emergencies, unexpected serious illnesses,
or accidents that require physician treatment or hospitalization;
(4) a consumer's unauthorized absence;
(5) any fires or other circumstances involving a law enforcement
agency;
(6) physical aggression by a consumer against another consumer
that causes physical pain, injury, or persistent emotional distress, including,
but not limited to, hitting, slapping, kicking, scratching, pinching,
biting, pushing, and spitting;
(7) any sexual activity between consumers involving force
or coercion as defined under section 609.341, subdivisions 3 and 14;
or
(8) a report of child or vulnerable adult maltreatment under
section 626.556 or 626.557.
Subd. 5.
[PROGRESS REVIEWS.] The license holder must participate in
progress review meetings following stated time lines established in the
consumer's individual service plan or as requested in writing by the
consumer, the consumer's legal representative, or the case manager, at a
minimum of once a year. The
license holder must summarize the progress toward achieving the desired
outcomes and make recommendations in a written report sent to the
consumer or the consumer's legal representative and case manager before
the review meeting.
Subd. 6.
[LEAVING THE RESIDENCE.] As specified in each consumer's
individual service plan, each consumer requiring a 24-hour plan of care
must leave the residence to participate in regular education,
employment, or community activities.
License holders providing services to consumers living in a
licensed site must ensure that they are prepared to care for consumers
whenever they are at the residence during the day because of illness,
work schedules, or other reasons.
Subd. 7.
[PROHIBITION.] The license holder must not use psychotropic
medication and the use of aversive and deprivation procedures, as
referenced in section 245.825 and rules promulgated under that section,
as a substitute for adequate staffing, as punishment, or for staff
convenience.
Subd. 8.
[CONSUMER DATA FILE.] The license holder must maintain the
following information for each consumer:
(1) identifying information that includes date of birth,
medications, legal representative, history, medical, and other individual-specific
information, and names and telephone numbers of contacts;
(2) consumer health information, including individual medication
administration and monitoring information;
(3) the consumer's individual service plan. When a consumer's case manager does
not provide a current individual service plan, the license holder must
make a written request to the case manager to provide a copy of the
individual service plan and inform the consumer or the consumer's legal
representative of the right to an individual service plan and the
right to appeal under section 256.045;
(4) copies of assessments, analyses, summaries, and recommendations;
(5) progress review reports;
(6) incidents involving the consumer;
(7) reports required under subdivision 4;
(8) discharge summary, when applicable;
(9) record of other license holders serving the consumer
that includes a contact person and telephone numbers, services being
provided, services that require coordination between two license
holders, and name of staff responsible for coordination;
(10) information about verbal aggression directed at the
consumer by another consumer; and
(11) information about self-abuse.
Subd. 9. [ACCESS
TO RECORDS.] The license holder must ensure that the following people
have access to the information in subdivision 8:
(1) the consumer, the consumer's legal representative, and
anyone properly authorized by the consumer or legal representative;
(2) the consumer's case manager; and
(3) staff providing direct services to the consumer unless
the information is not relevant to carrying out the individual service
plan.
Subd. 10.
[RETENTION OF CONSUMER'S RECORDS.] The license holder must
retain the records required for consumers for at least three years
following termination of services.
Subd. 11. [STAFF
ORIENTATION.] (a) Within 60 days of hiring staff who provide direct
service, the license holder must provide 30 hours of staff
orientation. Direct care staff must
complete 15 of the 30 hours of orientation before providing any unsupervised
direct service to a consumer.
(b) The 30 hours of orientation must combine supervised on-the-job
training with coverage of the following material:
(1) review of the consumer's service plans and risk management
plan to achieve an understanding of the consumer as a unique individual;
(2) review and instruction on the license holder's policies
and procedures, including their location and access;
(3) emergency procedures;
(4) explanation of specific job functions, including implementing
objectives from the consumer's individual service plan;
(5) explanation of responsibilities related to sections 626.556
and 626.557, governing maltreatment reporting and service planning for
children and vulnerable adults, and section 245.825, governing use of
aversive and deprivation procedures;
(6) medication administration as it applies to the individual
consumer, and when the consumer meets the criteria of having overriding
health care needs, then medication administration taught by a health
services professional. Staff may
administer medications only after they demonstrate the ability, as
defined in the license holder's medication administration policy and
procedures. Once a consumer with overriding
health care needs is admitted, the license holder must provide staff
with remedial training as deemed necessary by the license holder and the
health professional to meet the needs of that consumer. For purposes of this requirement, overriding
health care needs means a health care condition that affects the service
options available to the consumer because the condition requires:
(i) specialized or intensive medical or nursing supervision;
and
(ii) nonmedical service providers to adapt their services
to accommodate the health and safety needs of the consumer;
(7) consumer rights; and
(8) other topics necessary as determined by the consumer's
individual service plan or other areas identified by the license holder.
(c) The license holder must document the orientation each
employee receives.
Subd. 12. [STAFF
TRAINING.] (a) The license holder must ensure that direct service
staff annually complete hours of training equal to two percent of the
number of hours the staff person worked. Direct service staff who have worked for the license
holder for an average of at least 30 hours per week for 24 or more
months must annually complete hours of training equal to one percent of
the number of hours the staff person worked.
(b) The license holder must document the training completed
by each employee.
(c) Training must address staff competencies necessary
to address the consumer's needs as identified in the consumer's individual
service plan and ensure consumer health, safety, and protection of
rights. Training may also include other
areas identified by the license holder.
(d) For consumers requiring a 24-hour plan of care, the license
holder must provide training in cardiopulmonary resuscitation from a
qualified source determined by the commissioner if the consumer's health
needs as determined by the consumer's physician indicate trained staff
would be necessary to the consumer.
Subd. 13.
[POLICIES AND PROCEDURES.] The license holder must develop and
implement the following policies and procedures:
(1) psychotropic medication monitoring when the consumer is
prescribed a psychotropic medication, including the use of the psychotropic
medication use checklist. If the
responsibility for implementing the psychotropic medication use
checklist has not been assigned in the individual service plan and the
consumer lives in a licensed site, the residential license holder
must be designated;
(2) criteria for admission or service initiation developed
by the license holder;
(3) policies and procedures that promote continuity and quality
of consumer supports by ensuring:
(i) continuity of care and service coordination, including
provisions for service termination, temporary service suspension, and
efforts made by the license holder to coordinate services with other
vendors who also provide support to the consumer. The policy must include the following
requirements:
(A) the license holder must notify the consumer or consumer's
legal representative and the consumer's case manager in writing of the
intended termination or temporary service suspension and the consumer's
right to seek a temporary order staying the termination or suspension of
service according to the procedures in section 256.045, subdivision 4a,
or subdivision 6, paragraph (c);
(B) notice of the proposed termination of services, including
those situations that began with a temporary service suspension, must be
given at least 60 days before the proposed termination is to become
effective;
(C) the license holder must provide information requested
by the consumer or consumer's legal representative or case manager
when services are temporarily suspended or upon notice of termination;
(D) use of temporary service suspension procedures are restricted
to situations in which the consumer's behavior causes immediate and
serious danger to the health and safety of the individual or others;
(E) prior to giving notice of service termination or temporary
service suspension, the license holder must document actions taken
to minimize or eliminate the need for service termination or temporary
service suspension; and
(F) during the period of temporary service suspension, the
license holder will work with the appropriate county agency to develop
reasonable alternatives to protect the individual and others; and
(ii) quality services measured through a program evaluation
process including regular evaluations of consumer satisfaction and
sharing the results of the evaluations with the consumers and legal
representatives.
Subd. 14.
[CONSUMER FUNDS.] (a) The license holder must ensure that
consumers retain the use and availability of personal funds or property
unless restrictions are justified in the consumer's individual service
plan.
(b) The license holder must ensure separation of
consumer funds from funds of the license holder, the program, or program
staff.
(c) Whenever the license holder assists a consumer with the
safekeeping of funds or other property, the license holder must have
written authorization to do so by the consumer or the consumer's legal
representative, and the case manager.
In addition, the license holder must:
(1) document receipt and disbursement of the consumer's funds
or the property;
(2) annually survey, document, and implement the preferences
of the consumer, consumer's legal representative, and the case manager
for frequency of receiving a statement that itemizes receipts and
disbursements of consumer funds or other property; and
(3) return to the consumer, upon the consumer's request,
funds and property in the license holder's possession subject to restrictions
in the consumer's individual service plan, as soon as possible, but no
later than three working days after the date of the request.
(d) License holders and program staff must not:
(1) borrow money from a consumer;
(2) purchase personal items from a consumer;
(3) sell merchandise or personal services to a consumer;
(4) require a consumer to purchase items for which the license
holder is eligible for reimbursement; or
(5) use consumer funds in a manner that would violate requirements
under this subdivision.
Sec. 4. Minnesota
Statutes 2002, section 245A.02, subdivision 14, is amended to read:
Subd. 14. [RESIDENTIAL
PROGRAM.] "Residential program" means a program that provides
24-hour-a-day care, supervision, food, lodging, rehabilitation, training,
education, habilitation, or treatment outside a person's own home, including a
nursing home or hospital that receives public funds, administered by the
commissioner, to provide services for five or more persons whose primary
diagnosis is mental retardation or a related condition or mental illness and
who do not have a significant physical or medical problem that necessitates
nursing home care; a program in an intermediate care facility a board
and lodging or supervised living facility for four or more persons with
mental retardation or a related condition that is not an ICF/MR;
a nursing home or hospital that was licensed by the commissioner on July 1,
1987, to provide a program for persons with a physical handicap that is not the
result of the normal aging process and considered to be a chronic condition;
and chemical dependency or chemical abuse programs that are located in a
hospital or nursing home and receive public funds for providing chemical abuse
or chemical dependency treatment services under chapter 254B. Residential programs include home and
community-based services for persons with mental retardation or a related
condition that are provided in or outside of a person's own home.
Sec. 5. Minnesota
Statutes 2002, section 245A.02, is amended by adding a subdivision to read:
Subd. 20.
[ICF/MR.] For purposes of this chapter, ICF/MR means an intermediate
care facility for persons with mental retardation or related conditions
as defined in section 256B.055, subdivision 12, paragraph (d).
Sec. 6. Minnesota
Statutes 2002, section 245A.03, is amended by adding a subdivision to read:
Subd. 1a.
[LICENSING JURISDICTION; MINIMIZING DUPLICATION OF AGENCY LICENSING
ACTIVITIES.] (a) To minimize the duplication of licensing activities
between the commissioners of human services and health related to
ICFs/MR and residential programs licensed by the commissioner of human
services that also have a supervised living facility class A license
issued by the commissioner of health, the commissioners' jurisdiction
over licensing activities is determined under this subdivision.