STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
SIXTY-FOURTH DAY
Saint Paul, Minnesota, Friday, May 20, 2005
The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
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
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Abrams was excused until 2:05 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Hosch moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
Paulsen moved that the House
recess subject to the call of the Chair.
The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
REPORTS
OF CHIEF CLERK
S. F. No. 644 and H. F. No. 761,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Smith moved that the rules be so far suspended that
S. F. No. 644 be substituted for H. F. No. 761
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1089 and H. F. No. 945,
which had been referred to the Chief Clerk for comparison, were examined and
found to be identical with certain exceptions.
SUSPENSION
OF RULES
Erhardt moved that the rules be so far suspended that
S. F. No. 1089 be substituted for H. F. No. 945
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May
16, 2005
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Sviggum:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 1692, relating to state government;
regulating compensation plans of the State Board of Investment.
H. F. No. 487,
relating to state government; changing terminology for mentally retarded,
mental retardation, physically handicapped, and similar terms.
Sincerely,
Tim
Pawlenty
Governor
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 2005 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 2005 |
Date Filed 2005 |
1095 53 4:25
p.m. May 16 May
17
493 54 4:17 p.m.
May 16 May
17
1692 55 4:05
p.m. May 16 May
17
487 56 4:11
p.m. May 16 May
17
Sincerely,
Mary
Kiffmeyer
Secretary
of State
SECOND READING OF SENATE BILLS
S. F. Nos. 644 and 1089 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Loeffler introduced:
H. F. No. 2531, A bill for an act relating to a professional
baseball stadium; providing an unsold seat surcharge.
The bill was read for the first time and referred to the
Committee on Local Government.
Davids introduced:
H. F. No. 2532, A bill for an act relating to energy; modifying
provisions relating to renewable energy; amending Minnesota Statutes 2004,
section 216B.1691.
The bill was read for the first time and referred to the
Committee on Regulated Industries.
Hausman, Ozment, Dorman and Pelowski introduced:
H. F. No. 2533, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
a state museum of natural history.
The bill was read for the first time and referred to the
Committee on Agriculture, Environment and Natural Resources Finance.
Koenen introduced:
H. F. No. 2534, A bill for an act relating to traffic
regulations; increasing maximum allowable length of recreational vehicle
combinations to 65 feet; amending Minnesota Statutes 2004, section 169.81,
subdivision 3c.
The bill was read for the first time and referred to the
Committee on Transportation.
Koenen introduced:
H. F. No. 2535, A bill for an act relating to special
assessments; providing for award of attorney fees, costs, and disbursements to
prevailing appellant in a special assessment matter; amending Minnesota
Statutes 2004, section 429.081.
The bill was read for the first time and referred to the
Committee on Taxes.
Nelson, P., introduced:
H. F. No. 2536, A bill for an act relating to drivers'
licenses; including a school that charges a fee for driver training within
definition of commercial driving school; prohibiting certificated high school
driver training instructor from instructing nonstudents; amending Minnesota
Statutes 2004, sections 171.33, subdivision 1; 171.39.
The bill was read for the first time and referred to the
Committee on Transportation.
McNamara introduced:
H. F. No. 2537, A bill for an act relating to capital
improvements; authorizing issuance of state bonds; appropriating money for Red
Rock corridor transit way.
The bill was read for the first time and referred to the
Committee on Transportation Finance.
McNamara introduced:
H. F. No. 2538, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
the Hastings River Flats Interpretive Facility.
The bill was read for the first time and referred to the
Committee on Jobs and Economic Opportunity Policy and Finance.
Sailer, Moe, Eken, Penas, Solberg and Lieder introduced:
H. F. No. 2539, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
an emergency training administration center.
The bill was read for the first time and referred to the
Committee on Public Safety Policy and Finance.
Kohls introduced:
H. F. No. 2540, A bill for an act relating to title insurance;
defining a term; amending Minnesota Statutes 2004, section 68A.04.
The bill was read for the first time and referred to the
Committee on Commerce and Financial Institutions.
Penas, Hackbarth and Dill introduced:
H. F. No. 2541, A bill for an act relating to natural
resources; modifying regulation of all-terrain vehicles; amending Minnesota
Statutes 2004, sections 84.92, subdivision 8, by adding subdivisions; 84.9256,
subdivision 1; 84.9257; 84.928, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Holberg introduced:
H. F. No. 2542, A bill for an act relating to appropriations;
appropriating money for transportation, Metropolitan Council, and public safety
activities; providing for general contingent accounts and tort claims;
authorizing issuance of trunk highway bonds; modifying vehicle registration
tax; modifying law and proposing amendment to Minnesota Constitution to
allocate proceeds of tax on sale of motor vehicles; allocating county state-aid
highway funds; modifying provisions related to state mail, state highways and
bridges, county state-aid highways, toll facilities, railroad grade crossings,
traffic fine allocations, commercial motor vehicles, day activity center buses,
other motor vehicles, state aviation, airport noise mitigation reporting,
bridges in smaller cities, highway signs, various accounts, weight limits on
highways and other traffic regulations, drivers' licenses and permits, transit
facilities and operations, gasoline sales, wetland replacement near the city of
Cologne, the employment status of public safety radio communications operators,
the insurance verification sampling program, maximum train speeds in the city
of Orr, park-and-ride lots, a restriction on ethanol requirements, deputy
registrar positions in Carver and Hennepin Counties, and bicycle programs;
requiring studies and reports; making technical and clarifying revisions;
amending Minnesota Statutes 2004, sections 16B.49; 115A.908, subdivision 1;
160.87, by adding a subdivision; 161.14, by adding subdivisions; 161.361,
subdivision 2; 162.06, subdivision 2; 162.07, subdivision 1, by adding a
subdivision; 162.08, subdivision 3; 168.011, subdivisions 3, 4, 5, 5a, 6, 7,
25, by adding subdivisions; 168.013, subdivisions 1a, 8; 168.031; 168.09,
subdivision 7; 168.091, subdivision 1; 168.10, subdivision 1c; 168.105,
subdivisions 2, 3, 5; 168.12; 168.123; 168.1235; 168.124; 168.125; 168.1255;
168.127, subdivision 6; 168.128; 168.129; 168.1291; 168.1293; 168.1296;
168.1297; 168.15, subdivision 1; 168.16; 168.27, subdivision 11; 168.31,
subdivision 5; 168.33; 168.345, subdivisions 1, 2; 168.381; 168.54,
subdivisions 4, 5; 168A.152, subdivision 2; 168A.29; 168A.31; 169.01, subdivisions
75, 76, 78; 169.09, subdivision 13; 169.18, subdivisions 4, 5, 11, as amended,
if enacted; 169.448, by adding a subdivision; 169.71, subdivision 1; 169.81,
subdivision 3c; 169.824, subdivision 2; 169.851, subdivision 5; 169.86,
subdivision 5; 169.87, subdivision 4; 169.99, subdivision 1b; 169A.52,
subdivision 3; 169A.60, subdivision 16; 171.01, subdivisions 22, 35, 47, by
adding a subdivision; 171.02; 171.03; 171.04, subdivision 2; 171.05,
subdivisions 1, 2; 171.06, subdivisions 2, 2a; 171.061, subdivision 4; 171.07,
subdivision 11; 171.09; 171.12, subdivisions 3, 6; 171.13, subdivisions 2, 6,
by adding a subdivision; 171.165, subdivisions 1, 2, 6; 171.18, subdivision 1;
171.20, subdivision 4; 171.26; 171.29, subdivision 2; 171.36; 174.03, by adding
subdivisions; 174.50, by adding a subdivision; 179A.03, subdivision 7; 179A.10,
subdivision 2; 192.502, subdivision 2; 197.65; 297B.09, subdivision 1; 299D.03,
subdivision 5; 469.015, subdivision 4; 473.446, subdivision 3; 473.4461;
473.604, subdivision 5; 473F.08, subdivision 3b; 609.855, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 160;
168; 169; 171; 174; 190; 219; 299A; repealing Minnesota Statutes 2004, sections
168.011, subdivision 19; 168.012, subdivision 12; 168.041, subdivision 11;
168.105, subdivision 6; 168.15, subdivision 2; 168.231; 168.345, subdivisions
3, 4; 168C.01; 168C.02; 168C.03; 168C.04; 168C.05; 168C.06; 168C.07; 168C.08;
168C.09; 168C.10; 168C.11; 168C.12; 168C.13; 170.23; 171.12, subdivision 8; 171.165,
subdivisions 3, 4, 4a, 4b; 171.185; 473.408, subdivision 1; 2005 H.F. No. 2461,
article 3, sections 9, 10; Minnesota Rules, parts 7407.0100; 7407.0200;
7407.0300; 7407.0400; 7407.0500; 7407.0600; 7407.0700; 7407.0800; 7407.0900;
7407.1000; 7407.1100; 7407.1200; 7407.1300; 7503.2400; 7800.0600; 7800.3200,
subpart 1; 7805.0700; 8850.6900, subpart 20; 8855.0500, subpart 1.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Magnus introduced:
H. F. No. 2543, A bill for an act relating to highway funding;
providing for an increase in the excise tax on gasoline and special fuels;
proposing an amendment to the Minnesota Constitution, article XIV, section 10;
amending Minnesota Statutes 2004, sections 296A.07, subdivision 3; 296A.08,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 478, A bill for an act relating to counties;
providing for alternative filing of surveys; modifying requirements for land
surveyors; providing for a transfer of records; amending Minnesota Statutes
2004, sections 160.15, subdivision 4; 381.12, subdivisions 1, 3; 389.03.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 42, A bill for an act relating to firearms;
authorizing the use of silencers to muffle discharges of firearms for natural
resource wildlife control; amending Minnesota Statutes 2004, section 609.66,
subdivisions 1h, 2.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 473, A bill for an act relating to creditors'
remedies; exempting certain jewelry from attachment, garnishment, or sale;
amending Minnesota Statutes 2004, section 550.37, subdivision 4.
The Senate has appointed as such committee:
Senators Wergin, Chaudhary and Scheid.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 847, A bill for an act relating to game and fish;
modifying purchasing requirements; modifying certain definitions; providing for
special fish management tags; specifying status of and regulating stands and
blinds on public lands; modifying authority to take animals causing damage;
modifying use of scopes and laser sights by visually impaired hunters;
modifying certain license requirements; modifying restrictions on taking
waterfowl and big game; authorizing rulemaking; modifying requirements for
field training hunting dogs; modifying certain seasons; modifying trapping
provisions; modifying period for treeing raccoons; prohibiting
computer-assisted remote hunting; modifying restrictions on decoys; modifying
disposition of state hatchery products; permitting use of silencers for
wildlife control; modifying fishing and commercial fishing provisions;
repealing authority for the Mississippi River Fish Refuge; repealing authority
to issue certain orders; amending Minnesota Statutes 2004, sections 84.025,
subdivision 10; 84.027, subdivision 13; 97A.015, subdivisions 29, 49; 97A.045,
subdivision 1, by adding a subdivision; 97A.401, subdivision 5; 97A.405,
subdivision 4, by adding a subdivision; 97A.435, subdivisions 2, 4; 97A.441,
subdivision 7; 97A.451, subdivisions 3, 5; 97A.475, subdivisions 7, 16;
97A.485, subdivision 9; 97A.551, by adding a subdivision; 97B.005, subdivisions
1, 3; 97B.025; 97B.031, subdivisions 1, 5; 97B.111, subdivision 2; 97B.621,
subdivision 2; 97B.655, subdivision 2; 97B.711, subdivision 1; 97B.803;
97B.805, subdivision 1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327; 97C.345,
subdivision 2; 97C.395, subdivision 1; 97C.401, subdivision 2; 97C.825,
subdivision 5; 609.66, subdivisions 1h, 2; proposing coding for new law in Minnesota
Statutes, chapter 97B; repealing Minnesota Statutes 2004, sections 88.27;
97B.005, subdivision 4; 97B.935; 97C.015; 97C.403; 97C.825, subdivisions 6, 7,
8, 9.
The Senate has appointed as such committee:
Senators Saxhaug, Pariseau and Bakk.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 1555, A bill for an act relating to health; modifying
the Minnesota Emergency Health Powers Act; modifying authority of out-of-state
license holders; amending Minnesota Statutes 2004, sections 12.03, subdivision
4d, by adding a subdivision; 12.22, subdivision 2a, by adding a subdivision;
12.31, subdivisions 1, 2; 12.32; 12.34, subdivision 1; 12.381; 12.39; 12.42;
13.3806, subdivision 1a; Laws 2002, chapter 402, section 21, as amended;
proposing coding for new law in Minnesota Statutes, chapter 12.
Patrick E. Flahaven, Secretary of the Senate
Powell moved that the House refuse to concur in the Senate
amendments to H. F. No. 1555, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 1507, A bill for an act relating to health;
modifying provisions for isolation and quarantine of persons exposed to or infected
with a communicable disease; amending Minnesota Statutes 2004, sections
144.419, subdivision 1; 144.4195, subdivisions 1, 2, 5; Laws 2002, chapter 402,
section 21, as amended; proposing coding for new law in Minnesota Statutes,
chapter 144.
Patrick E. Flahaven, Secretary of the Senate
Abeler moved that the House refuse to concur in the Senate
amendments to H. F. No. 1507, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 1468, 1204, 1772, 1057 and 1298.
Patrick E. Flahaven, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1468, A bill for an act relating to public employers;
modifying public employer reimbursement for compensation paid to certain
firefighters and peace officers; creating a panel to evaluate claims;
appropriating money; amending Minnesota Statutes 2004, sections 214.04,
subdivision 1; 299A.465, subdivision 4, by adding subdivisions.
The bill was read for the first time and referred to the
Committee on Public Safety Policy and Finance.
S. F. No. 1204, A bill for an act relating to health;
recodifying statutes and rules relating to social work; authorizing rulemaking;
providing penalties; modifying provisions relating to physical therapists;
providing penalties; modifying the Psychology Practice Act; phasing out
licensure as a licensed psychological practitioner; modifying dental licensure
provisions; establishing fees; modifying provisions for licensed professional
counselors; authorizing certain rulemaking; modifying physician review;
modifying information contained on prescriptions; providing recognition for the
practice of respiratory therapy in emergency situations; providing that
audiologists need not obtain hearing instrument dispenser certification; providing
penalties; transferring oversight authority for the Office of Mental Health
Practice; requiring a report; establishing penalty fees for certain
credentialed health occupations; providing criminal penalties; appropriating
money; amending Minnesota Statutes 2004, sections 13.383, subdivision 10;
13.411, subdivision 5; 144.335, subdivision 1; 144A.46, subdivision 2;
144E.001, subdivisions 8, 15, by adding a subdivision; 144E.27, subdivision 2;
144E.28, subdivisions 1, 3, 7, 8; 147.09; 147A.18, subdivisions 1, 3; 147C.05;
148.512, subdivision 6, by adding subdivisions; 148.513, by adding a
subdivision; 148.515, by adding a subdivision; 148.5194, by adding
subdivisions; 148.5195, subdivision 3; 148.5196, subdivision 1; 148.6445, by
adding a subdivision; 148.65, by adding subdivisions; 148.706; 148.75; 148.89,
subdivision 5; 148.90, subdivision 1; 148.907, by adding a subdivision;
148.908, subdivision 2, by adding a subdivision; 148.909; 148.916, subdivision
2; 148.925, subdivision 6; 148.941, subdivision 2; 148.96, subdivision 3;
148B.53, subdivisions 1, 3; 148B.54, subdivision 2; 148B.59; 148B.60; 148B.61;
148C.03, subdivision 1; 148C.04, subdivisions
3, 4, 6; 148C.091, subdivision 1; 148C.10, subdivision 2; 148C.11, subdivisions
1, 4, 5, 6; 148C.12, subdivision 3, by adding a subdivision; 150A.01,
subdivision 6a; 150A.06, subdivision 1a; 150A.10, subdivision 1a; 153A.13,
subdivision 5; 153A.14, subdivisions 2h, 2i, 4, 4c, 9; 153A.15, subdivision 1;
153A.20, subdivision 1; 214.01, subdivision 2; 214.06, subdivision 1, by adding
a subdivision; 214.103, subdivision 1; 245.462, subdivision 18; 245.4871,
subdivision 27; 256B.0625, subdivision 38; 256J.08, subdivision 73a; 319B.02,
subdivision 19; 319B.40; Laws 2003, chapter 118, section 29, as amended; proposing
coding for new law in Minnesota Statutes, chapters 144E; 148; 148B; 148C; 150A;
153A; proposing coding for new law as Minnesota Statutes, chapter 148D;
repealing Minnesota Statutes 2004, sections 148B.18; 148B.185; 148B.19;
148B.20; 148B.21; 148B.215; 148B.22; 148B.224; 148B.225; 148B.226; 148B.24;
148B.25; 148B.26; 148B.27; 148B.28; 148B.281; 148B.282; 148B.283; 148B.284;
148B.285; 148B.286; 148B.287; 148B.288; 148B.289; 148C.02; 148C.12, subdivision
4; 153A.14, subdivisions 2a, 8, 10; 153A.19; Minnesota Rules, parts 4747.0030,
subparts 11, 16; 4747.1200; 4747.1300; 5601.0100, subparts 3, 4; 8740.0100;
8740.0110; 8740.0120; 8740.0122; 8740.0130; 8740.0155; 8740.0185; 8740.0187;
8740.0200; 8740.0240; 8740.0260; 8740.0285; 8740.0300; 8740.0310; 8740.0315; 8740.0320;
8740.0325; 8740.0330; 8740.0335; 8740.0340; 8740.0345.
The bill was read for the first time.
Huntley moved that S. F. No. 1204 and H. F. No. 1161, now on
the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1772, A bill for an act relating to agriculture;
changing certain provisions concerning plant pests, nursery stock, and
wildflowers; extending a task force; amending Minnesota Statutes 2004, sections
18G.03, subdivision 1; 18H.02, subdivisions 21, 22, 23, 32, 34, by adding a
subdivision; 18H.05; 18H.06; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18,
subdivision 1; 31.94; repealing Minnesota Statutes 2004, section 18H.02,
subdivisions 15, 19.
The bill was read for the first time.
McNamara moved that S. F. No. 1772 and H. F. No. 1937, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1057, A bill for an act relating to retirement;
statewide and major local retirement plans; providing for various member and
employer contribution rate increases; restructuring the statewide Teachers
Retirement Association fund and benefit plan; providing a special
postretirement adjustment to certain pre-1969 teachers; changing deferred annuities
augmentation for new retirement plan members; creating a public pension plan
default insurance pool; increasing the maximum retirement plan covered salary
figure; providing certain early retirement incentives; creating a task force to
study creation of a statewide volunteer firefighter retirement plan;
appropriating money; amending Minnesota Statutes 2004, sections 352.01,
subdivision 13; 352.04, subdivisions 2, 3, 12; 352.116, subdivision 1a; 352.72,
subdivision 2; 352.911, subdivision 5; 352.92, subdivisions 1, 2; 352B.01,
subdivision 11; 352B.02, subdivisions 1a, 1c, 1d; 352B.30, subdivision 2;
352D.04, subdivision 2; 352D.09, subdivision 7; 353.01, subdivision 10; 353.27,
subdivisions 1, 2, 3, 3a, by adding a subdivision; 353.30, subdivision 5; 353.65,
subdivisions 2, 3, 6; 353.71, subdivision 2; 353B.02, subdivision 10; 353E.01,
subdivision 5; 353E.05; 354.05, subdivisions 2, 13, 35; 354.42, subdivisions 2,
3, by adding a subdivision; 354.44, subdivision 6; 354.55, subdivision 11;
354A.011, subdivisions 15a, 24, 27; 354A.021, subdivisions 1, 4; 354A.092;
354A.093, subdivision 1; 354A.095; 354A.096; 354A.12, subdivisions 1, 2, 2a,
3a, 3b, 3c, 3d; 354A.30; 354A.31, subdivisions 4, 7; 354A.32, subdivision 1;
354A.37, subdivision 2; 354A.39; 354A.40, subdivision 1; 354A.41; 356.20,
subdivision 2; 356.214, subdivision 1; 356.215, subdivision 8; 356.30,
subdivisions 1, 3; 356.302, subdivision 7; 356.303, subdivision 4; 356.315, by
adding a subdivision; 356.42, subdivision 3; 356.465, subdivision 3; 356.611,
subdivision 1; 422A.01, by adding a subdivision;
423A.02, subdivision 1b; 423B.01, by adding a subdivision; 423C.01, by adding a
subdivision; 490.121, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 128D; 354; 356; repealing Minnesota Statutes 2004,
sections 354A.051; 354A.105; 354A.23, subdivision 1; 354A.28.
The bill was read for the first time and referred to the
Committee on Governmental Operations and Veterans Affairs.
S. F. No. 1298, A bill for an act relating to environment;
enacting the Minnesota Electronics Recycling Act of 2005; providing penalties;
proposing coding for new law in Minnesota Statutes, chapter 116H.
The bill was read for the first time and referred to the
Committee on Ways and Means.
Sertich was excused for the remainder of today's session.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT
ON H. F. NO. 1385
A bill for an act relating to higher education; allocating
money for educational and related purposes with certain conditions; modifying
various loan, grant, and financial aid provisions; requiring institutions to
provide certain data; permitting disclosure of certain data to determine
eligibility; amending various reciprocity provisions; providing definitions;
directing the Board of Trustees to designate centers of excellence; amending
the Minnesota college savings plan; authorizing transfer of certain bonding
authority; amending provisions related to private career schools; establishing
fees; providing for merger with the Higher Education Facilities Authority;
establishing the Rochester University Development Committee; appropriating
money; amending Minnesota Statutes 2004, sections 13.46, subdivision 2;
135A.031, subdivisions 3, 4; 135A.052, subdivision 1; 135A.30, subdivisions 3,
4, 5; 135A.52, subdivisions 1, 2; 136A.01, subdivision 2; 136A.031,
subdivisions 2, 3, 4; 136A.08, by adding subdivisions; 136A.121, subdivisions
2, 5, 6, 9, by adding a subdivision; 136A.125, subdivision 2; 136A.1701, by
adding subdivisions; 136F.04, subdivision 4; 136F.32, subdivision 2; 136G.03,
subdivisions 3, 21a, 22, 32; 136G.05, subdivision 8; 136G.09, subdivisions 11,
12; 136G.11, subdivisions 1, 2, 3, 13; 136G.13, subdivisions 1, 5; 136G.14;
137.0245, subdivisions 1, 2, 4; 141.21, by adding a subdivision; 141.25,
subdivisions 3, 5, 8, 9, 12; 141.251; 141.26, subdivision 5; 141.271,
subdivisions 4, 7, 10, by adding subdivisions; 141.28, subdivision 1, by adding
a subdivision; 141.29, subdivision 3; 141.30; 141.35; 192.502, subdivision 1;
299A.45, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes,
chapters 136A; 137; 141; repealing Minnesota Statutes 2004, sections 136A.011;
136A.031, subdivision 1; Minnesota Rules, parts 4815.0100; 4815.0110;
4815.0120; 4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 4830.8110;
4830.8120; 4830.8130; 4830.8140; 4830.8150.
May 19, 2005
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 1385, report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its
amendments and that H. F. No. 1385 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
Section 1. [HIGHER
EDUCATION APPROPRIATIONS.]
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or other named fund, to the agencies and
for the purposes specified in this article.
The listing of an amount under the figure "2006" or
"2007" in this article indicates that the amount is appropriated to
be available for the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. "The first
year" is fiscal year 2006.
"The second year" is fiscal year 2007. "The biennium" is fiscal years
2006 and 2007.
SUMMARY
BY FUND
2006
2007 TOTAL
General
$1,365,500,000
$1,395,500,000
$2,761,000,000
Health Care Access
2,157,000 2,157,000 4,314,000
SUMMARY BY AGENCY - ALL FUNDS
2006
2007 TOTAL
Higher Education Services
Office
172,129,000 177,181,000 349,310,000
Board of Trustees of the Minnesota State Colleges
and
Universities
600,694,000 602,194,000
1,202,888,000
Board of Regents of the
University of Minnesota
593,348,000 616,736,000
1,210,084,000
Mayo Medical Foundation
1,391,000 1,391,000 2,782,000
Minnesota Department of
Health
95,000 155,000 250,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. HIGHER
EDUCATION SERVICES OFFICE
Subdivision 1. Total
Appropriation
$172,129,000 $177,181,000
The amounts that may be spent from this
appropriation for each purpose are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 2. State Grants
136,394,000 144,756,000
If the appropriation in this subdivision for
either year is insufficient, the appropriation for the other year is available
for it. For the biennium, the tuition
and fee maximum shall be $9,208 the first year and $9,438 the second year for
students enrolled in four-year programs and $6,567 the first year and $6,436
the second year for students enrolled in two-year programs.
The Higher Education Services Office must
study the for-profit postsecondary education sector licensed or registered in
Minnesota. The study must examine
tuition levels and program offerings, student debt load, financial assistance,
and the impact of the tuition and fee maximums set in law on this postsecondary
sector and its students. The study must
also analyze the relationship of the tuition and fee maximums and tuition
levels. The office must report on the
findings to the legislative committees responsible for higher education finance
by November 15, 2006. This study may be
done in conjunction with the licensing study in article 3.
This appropriation sets the living and
miscellaneous expense allowance at $5,350 each year.
This appropriation contains money to provide
educational benefits to dependent children under age 23 and the spouses of
public safety officers killed in the line of duty under Minnesota Statutes
2004, section 299A.45.
Subd. 3. Interstate
Tuition Reciprocity
1,000,000 1,000,000
If the appropriation in this subdivision for
either year is insufficient, the appropriation for the other year is available
to meet reciprocity contract obligations.
Subd. 4. State Work
Study
12,444,000 12,444,000
Subd. 5. Child Care
Grants
4,934,000 4,934,000
Subd. 6. Minitex
4,381,000 4,381,000
Subd. 7. MnLINK Gateway
400,000 400,000
Subd. 8. Learning
Network of Minnesota
4,225,000 4,225,000
Subd. 9. Minnesota
College Savings Plan
1,020,000 1,020,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 10. Midwest
Higher Education Compact
90,000 90,000
Subd. 11. Other Small
Programs
920,000 920,000
This appropriation includes funding for
postsecondary service learning, student and parent information, get ready
outreach, and intervention for college attendance program.
No more than $50,000 of this appropriation
each year may be used for administrative expenses for the intervention for
college attendance program under new Minnesota Statutes, section 136A.861. This appropriation is added to the agency's
permanent budget base.
Of this appropriation, $115,000 each year is
for grants to increase campus-community collaboration and service learning
statewide. For each $1 in state
funding, grant recipients must contribute $2 in campus or community-based
support.
Subd. 12. Agency
Administration
2,761,000 2,651,000
$100,000 the first year and $300,000 the
second year is for the Higher Education Services Office to develop and
implement a process to measure and report on the effectiveness of postsecondary
institutions in the state and make a report to the legislature regarding the
implementation of the process. The
report must be made by January 15, 2006, to the legislative committees with
jurisdiction over higher education policy and finance. The funding base for this initiative in
fiscal years 2008 and 2009 is $300,000 per year.
$310,000 the first year is for the Higher
Education Services Office to upgrade computer program application software
related to state grant awards. This
appropriation does not cancel but is available until expended. This is a onetime appropriation and is not
added to the agency's base.
Subd. 13. Balances
Forward
A
balance in the first year under this section does not cancel, but is available
for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 14. Transfers
The
Higher Education Services Office may transfer unencumbered balances from the appropriations
in this section to the state grant appropriation, the interstate tuition
reciprocity appropriation, the child care appropriation, and the state work
study appropriation. Transfers from the
child care or state work study appropriations may only be made to the extent
there is a projected surplus in the appropriation. A transfer may be made only with the prior written approval of
the commissioner of finance and prior written notice to the chairs of the senate
Higher Education Budget Division and house Higher Education Finance Committee.
Subd. 15. Reporting
The
Higher Education Services Office shall collect data monthly from institutions
disbursing state financial aid. The
data collected must include, but is not limited to, expenditures by type to
date and unexpended balances. The
Higher Education Services Office must evaluate and report quarterly state
financial aid expenditures and unexpended balances to the chairs of the Higher
Education Finances Committees of the senate and house of representatives and
the commissioner of finance. By
November 1 and February 15, the Higher Education Services Office must provide
updated state grant spending projections taking into account the most current
and projected enrollment and tuition and fee information, economic conditions,
and other relevant factors. Before
submitting state grant spending projections, the Higher Education Services
Office must meet and consult with representatives of public and private postsecondary
education, the Department of Finance, Governor's Office, legislative staff, and
financial aid administrators.
Subd. 16. Rochester
University
3,200,000
-0-
(a)
$200,000 is for the Rochester Higher Education Development Committee to carry
out its planning activities. This is a onetime
appropriation.
(b)
$3,000,000 is for a onetime appropriation that must be deposited into the
Rochester higher education development account under article 4. With the approval of the Higher Education Services Office, money in this account may be used to: (1)
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
provide
additional planning and development funds, if needed; (2) provide initial
funding for academic program development; and (3) provide funding related to
academic facilities, if needed. The
appropriation under this paragraph is available until June 30, 2009.
Subd. 17. United Family
Practice Residency Program
360,000 360,000
For a grant to the United Family Medicine
residency program. This appropriation
shall be used to support 18 resident physicians each year in family practice at
United Family Medicine residency programs and shall prepare doctors to practice
family care medicine in underserved rural and urban areas of the state. It is intended that this program will
improve health care in underserved communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a more
cost-effective manner.
Sec.
3. BOARD OF TRUSTEES OF THE MINNESOTA
STATE COLLEGES AND UNIVERSITIES
Subdivision 1. Total
Appropriation
600,694,000 602,194,000
The amounts that may be spent from this
appropriation for each purpose are specified in the following subdivisions.
The legislature estimates that instructional
expenditures will be $812,735,000 the first year and $814,764,000 the second
year. The legislature estimates that
noninstructional expenditures will be $58,868,000 the first year and
$59,015,000 the second year.
Subd. 2. General
Appropriation
595,694,000 597,194,000
This appropriation includes $12,000,000 to
pay competitive compensation to faculty or staff for initiatives that promote
excellence in student learning. This
appropriation also includes funding for the recurring enrollment adjustment and
money to strengthen and expand the Minnesota online program, increase the
capacity for training nurses and teachers, provide for the management education
needs of farm and small business owners, and provide services and outreach to
underserved populations.
Subd. 3. Centers of
Excellence
5,000,000 5,000,000
This appropriation is for centers of
excellence under new Minnesota Statutes, section 136F.31.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
The board must develop a process to designate
centers of excellence under new Minnesota Statutes, section 136F.31.
Sec.
4. BOARD OF REGENTS OF THE UNIVERSITY
OF MINNESOTA
Subdivision 1. Total
Appropriation
593,348,000 616,736,000
The amounts that may be spent from this
appropriation for each purpose are specified in the following subdivisions.
Subd. 2. Operations and
Maintenance
527,824,000 551,212,000
The legislature estimates that instructional
expenditures will be $451,372,000 the first year and $469,229,000 the second
year. The legislature estimates that
noninstructional expenditures will be $290,275,000 the first year and
$301,758,000 the second year.
This appropriation includes $13,000,000 for
competitive compensation to enable the university to attract and retain quality
faculty members.
This appropriation includes funding for the
recurring enrollment adjustment and the following initiatives: Biosciences for a Healthy Society to advance
the university's expertise and to increase the university's competitiveness in leveraging
new funding from federal and private sources; Preparing Students for the 21st
Century to enhance the ability of the university to attract and retain
exceptional students; research support to provide resources for the university
to maintain a competitive advantage in emerging and ongoing research
initiatives; 21st Century Technology to support enhancement to major university
systems; and outreach services to historically underserved students.
Subd. 3. Health Care
Access Fund
2,157,000 2,157,000
This appropriation is from the health care
access fund and is for primary care education initiatives.
Subd. 4. Special
Appropriation
63,367,000 63,367,000
(a) Agriculture and
Extension Service
50,625,000
50,625,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
For the Agricultural Experiment Station,
Minnesota Extension Service.
(b) Health Sciences
4,929,000
4,929,000
For the rural physicians associates program,
the Veterinary Diagnostic Laboratory, health sciences research, dental care,
and the Biomedical Engineering Center.
(c) Institute of Technology
1,387,000
1,387,000
For the Geological Survey and the Talented
Youth Mathematics Program.
(d) System Specials
6,426,000
6,426,000
For general research, student loans matching
money, industrial relations education, Natural Resources Research Institute,
Center for Urban and Regional Affairs, Bell Museum of Natural History, and the
Humphrey exhibit.
Subd. 5. Academic
Health Center
The appropriation to the Academic Health
Center under Minnesota Statutes, section 297F.10, is anticipated to be
$20,890,000 in the first year and $20,474,000 in the second year.
Sec. 5. MAYO MEDICAL
FOUNDATION
Subdivision 1. Total
Appropriation
1,391,000 1,391,000
The amounts that may be spent from this
appropriation for each purpose are specified in the following subdivisions.
Subd. 2. Medical School
514,000 514,000
The state of Minnesota must pay a capitation
each year for each student who is a resident of Minnesota. The appropriation may be transferred between
years of the biennium to accommodate enrollment fluctuations.
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
It is intended that during the biennium the Mayo
Foundation use the capitation money to increase the number of doctors
practicing in rural areas in need of doctors.
Subd. 3. Family
Practice and Graduate Residency Program
531,000
531,000
The state of Minnesota must pay a capitation of up
to 27 residents each year.
Subd.
4. St. Cloud Hospital-Mayo Family
Practice Residency Program
346,000
346,000
This appropriation is to the Mayo Foundation to
support 12 resident physicians each year in the St. Cloud Hospital-Mayo family
practice residency program. The program
must prepare doctors to practice primary care medicine in the rural areas of
the state. It is intended that this
program will improve health care in rural communities, provide affordable
access to appropriate medical care, and manage the treatment of patients in a
more cost-effective manner.
Sec. 6. COMMISSIONER OF
HEALTH
95,000 155,000
To the commissioner of health to implement new
Minnesota Statutes, section 144.1498.
ARTICLE 2
RELATED PROVISIONS
Section 1. Minnesota
Statutes 2004, section 135A.031, subdivision 3, is amended to read:
Subd. 3. [DETERMINATION
OF INSTRUCTIONAL SERVICES BASE.] The instructional services base for each
public postsecondary system is the sum of:
(1) the state share; and (2) the legislatively estimated tuition for the
second year of the most recent biennium; and (3) adjustments for inflation,
enrollment changes as calculated in subdivision 4, and performance as
calculated in subdivision 5.
[EFFECTIVE DATE.] This
section is effective June 30, 2007.
Sec. 2. Minnesota
Statutes 2004, section 135A.031, subdivision 4, is amended to read:
Subd. 4. [ADJUSTMENT
FOR ENROLLMENTS FOR BUDGETING.] (a) Each public postsecondary
system's instructional services base shall be adjusted for estimated changes in
enrollments. For each two percent
change in estimated full-year equivalent enrollment, an adjustment shall be
made to 65 percent of the instructional services base. The remaining 35 percent of the
instructional services base is not subject to the adjustment in this
subdivision.
(b) For all purposes where
student enrollment is used for budgeting purposes, student enrollment shall be
measured in full-year equivalents and shall include only enrollments in courses
that award credit or otherwise satisfy any of the requirements of an academic
or vocational program.
(c) The enrollment adjustment shall be made for each year of
the subsequent biennium. The base
enrollment year is the 1995 fiscal year enrollment. The base enrollment shall be updated for each two percent change
in estimated full-year equivalent enrollment.
If the actual enrollment differs from the estimated enrollment, an
adjustment shall be made in the next biennium.
[EFFECTIVE DATE.] This
section is effective June 30, 2007.
Sec. 3. Minnesota
Statutes 2004, section 135A.052, subdivision 1, is amended to read:
Subdivision 1.
[STATEMENT OF MISSIONS.] The legislature recognizes each type of public
postsecondary institution to have a distinctive mission within the overall
provision of public higher education in the state and a responsibility to
cooperate with each other. These
missions are as follows:
(1) the technical colleges shall offer vocational training and
education to prepare students for skilled occupations that do not require a
baccalaureate degree;
(2) the community colleges shall offer lower division
instruction in academic programs, occupational programs in which all credits
earned will be accepted for transfer to a baccalaureate degree in the same field
of study, and remedial studies, for students transferring to baccalaureate
institutions and for those seeking associate degrees;
(3) consolidated community technical colleges shall offer the
same types of instruction, programs, certificates, diplomas, and degrees as the
technical colleges and community colleges offer;
(4) the state universities shall offer undergraduate and
graduate instruction through the master's degree, including specialist
certificates, in the liberal arts and sciences and professional education,
and may offer applied doctoral degrees in education, business, psychology,
physical therapy, audiology, and nursing; and
(5) the University of Minnesota shall offer undergraduate,
graduate, and professional instruction through the doctoral degree, and shall
be the primary state supported academic agency for research and extension
services.
It is part of the mission of each system that within the
system's resources the system's governing board and chancellor or president
shall endeavor to:
(a) prevent the waste or unnecessary spending of public money;
(b) use innovative fiscal and human resource practices to
manage the state's resources and operate the system as efficiently as possible;
(c) coordinate the system's activities wherever appropriate
with the activities of the other system and governmental agencies;
(d) use technology where appropriate to increase system
productivity, improve customer service, increase public access to information
about the system, and increase public participation in the business of the
system;
(e) utilize constructive and
cooperative labor-management practices to the extent otherwise required by
chapters 43A and 179A; and
(f) recommend to the legislature appropriate changes in law
necessary to carry out the mission of the system.
Sec. 4. [135A.165]
[DEAF STUDENTS; TUITION ASSISTANCE.]
(a) For the purpose of this section, a "deaf
person" means an individual with a hearing loss of such severity that the
individual must depend primarily on visual communication, such as writing, lip
reading, manual communication, and gestures.
(b) A deaf person, who is a resident student as defined in
section 136A.101, subdivision 8, is entitled to tuition assistance for the
tuition and fees remaining after deducting any federal or state grants or other
public or private grants made to the person for the purpose of paying the
tuition and fees at a Minnesota state college or university or the University
of Minnesota. A deaf person must
receive either a federal Pell grant or a state grant under section 136A.121 for
a term to receive tuition assistance for that term.
Sec. 5. Minnesota
Statutes 2004, section 135A.30, subdivision 3, is amended to read:
Subd. 3. [SELECTION OF
RECIPIENTS.] The governing board of an eligible institution shall determine, in
consultation with its campuses, application dates and procedures, criteria to
be considered, and methods of selecting students to receive scholarships. A campus, with the approval of its governing
board, may award a scholarship in any of the specified fields field
of study (1) in which the campus offers a program that is of the quality and
rigor to meet the needs of the talented student, and (2) that is pertinent to
the mission of the campus.
Sec. 6. Minnesota
Statutes 2004, section 135A.30, subdivision 4, is amended to read:
Subd. 4. [AMOUNT OF
SCHOLARSHIP.] The amount of the scholarship must may be (1) at
public institutions, up to the cost of tuition and fees for full-time
attendance for one academic year, or (2) at private institutions, an amount equal
up to the lesser of the actual tuition and fees charged by the
institution or the tuition and fees in comparable public institutions. Scholarships awarded under this section must
not be considered in determining a student's financial need as provided in
section 136A.101, subdivision 5.
Sec. 7. Minnesota
Statutes 2004, section 135A.30, subdivision 5, is amended to read:
Subd. 5. [RENEWALS.]
The scholarship shall may be renewed yearly, for up to three
additional academic years, if the student:
(1) maintains full-time enrollment with a grade point average
of at least 3.0 on a four point scale;
(2) pursues studies and continues to demonstrate outstanding
ability, achievement, and potential in the field for which the award was made;
and
(3) is achieving satisfactory progress toward a degree.
Sec. 8. Minnesota
Statutes 2004, section 135A.52, subdivision 1, is amended to read:
Subdivision 1. [FEES
AND TUITION.] Except for an administration fee established by the governing
board at a level to recover costs, to be collected only when a course is taken
for credit, a senior citizen who is a legal resident of Minnesota is entitled
without payment of tuition or activity fees to attend courses offered for
credit, audit any courses offered for credit, or enroll in any noncredit institution
of higher education in Minnesota when space is available after all
tuition-paying students have been accommodated. A senior citizen enrolled under this section must pay any
materials, personal property, or service charges for the course. In addition, a senior citizen who is
enrolled in a course for credit must pay an administrative fee in an amount
established by the governing board of the institution to recover the course
costs. There shall be no administrative
fee charges to a senior citizen auditing a course. For the purposes of this section and section
135A.51, the term "noncredit adult
vocational education courses in any state supported adult vocational education
courses" shall not include those adult vocational education courses
designed and offered specifically and exclusively for senior citizens.
The provisions of this section and section 135A.51 do not apply
to noncredit courses designed and offered by the University of Minnesota, and
the Minnesota State Colleges and Universities specifically and exclusively for
senior citizens. Senior citizens
enrolled under the provisions of this section and section 135A.51 shall not be
included by such institutions in their computation of full-time equivalent
students when requesting staff or appropriations. The enrollee shall pay laboratory or material fees.
Sec. 9. Minnesota
Statutes 2004, section 135A.52, subdivision 2, is amended to read:
Subd. 2. [TERM; INCOME
OF SENIOR CITIZENS.] (a) Except under paragraph (b), there shall be no
limit to the number of terms, quarters or semesters a senior citizen may attend
courses, nor income limitation imposed in determining eligibility.
(b) A senior citizen enrolled in a closed enrollment
contract training or professional continuing education program is not eligible
for benefits under subdivision 1.
Sec. 10. Minnesota
Statutes 2004, section 136A.01, subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.]
The Higher Education Services Office is responsible for:
(1) necessary state level administration of financial aid
programs, including accounting, auditing, and disbursing state and federal
financial aid funds, and reporting on financial aid programs to the governor
and the legislature;
(2) approval, registration, licensing, and financial aid
eligibility of private collegiate and career schools, under sections 136A.61 to
136A.71 and chapter 141;
(3) administering the Telecommunications Council under Laws
1993, First Special Session chapter 2, article 5, section 2, the Learning
Network of Minnesota, and the Statewide Library Task Force;
(4) negotiating and administering reciprocity agreements;
(5) publishing and distributing financial aid information and
materials, and other information and materials under section 136A.87, to
students and parents;
(6) collecting and maintaining student enrollment and financial
aid data and reporting data on students and postsecondary institutions to
develop and implement a process to measure and report on the effectiveness of
postsecondary institutions;
(7) administering the federal programs that affect students and
institutions on a statewide basis; and
(8) prescribing policies, procedures, and rules under chapter
14 necessary to administer the programs under its supervision.
Sec. 11.
Minnesota Statutes 2004, section 136A.031, subdivision 2, is amended to
read:
Subd. 2. [HIGHER
EDUCATION ADVISORY COUNCIL.] A Higher Education Advisory Council (HEAC) is
established. The HEAC is composed of
the president of the University of Minnesota or designee; the chancellor of the
Minnesota State Colleges and Universities or designee; the commissioner of
education; the president of the Private College Council; a representative from
the Minnesota Association of Private Postsecondary Schools Career
College Association; and a member appointed by the governor. The HEAC shall (1) bring to the
attention of the Higher Education Services Council Office any
matters that the HEAC deems necessary, and (2) review and comment upon
matters before the council. The council
shall refer all proposals to the HEAC before submitting recommendations to the
governor and the legislature. The
council shall provide time for a report from the HEAC at each meeting of the
council.
Sec. 12. Minnesota
Statutes 2004, section 136A.031, subdivision 3, is amended to read:
Subd. 3. [STUDENT
ADVISORY COUNCIL.] A Student Advisory Council (SAC) to the Higher Education
Services Council Office is established. The members of SAC shall include: the chair of the University of Minnesota student senate; the
state chair of the Minnesota State University Student Association; the
president of the Minnesota State College Student Association and an officer of
the Minnesota State College Student Association, one in a community college
course of study and one in a technical college course of study; the president
of the Minnesota Association of Private College Students; and a student who is
enrolled in a private vocational school, to be appointed by the Minnesota Association
of Private Postsecondary Schools Career College Association. A member may be represented by a student
designee who attends an institution from the same system that the absent member
represents. The SAC shall select one of
its members to serve as chair.
The Higher Education Services Council Office
shall inform the SAC of all matters related to student issues under
consideration and shall refer all proposals to the SAC before taking action
or sending the proposals to the governor or legislature. The SAC shall report to the Higher Education
Services Council Office quarterly and at other times that the SAC
considers desirable. The SAC shall
determine its meeting times, but it shall also meet with the council office
within 30 days after the director's request for a meeting.
The SAC shall:
(1) bring to the attention of the Higher Education Services Council
Office any matter that the SAC believes needs the attention of the council
office;
(2) make recommendations to the Higher Education Services Council
Office as it finds appropriate; and
(3) appoint approve student members to appointments
by the Higher Education Services Council Office for each
advisory groups group as provided in subdivision 4; and
(4) provide any reasonable assistance to the council.
Sec. 13. Minnesota
Statutes 2004, section 136A.031, subdivision 4, is amended to read:
Subd. 4. [STUDENT
REPRESENTATION.] If requested by the SAC, The director must place at
least one student from an affected educational system on any task force created
under subdivision 1. The student
member or members shall be appointed by the SAC by the office. The director must submit to the SAC the name
of any student appointed to an advisory group or task force. The student appointment is not approved if
four SAC members vote to disapprove of the appointment. If an appointment is disapproved, the
director must submit another student appointment to the SAC in a timely manner.
Sec. 14.
Minnesota Statutes 2004, section 136A.031, subdivision 5, is amended to
read:
Subd. 5. [EXPIRATION.]
Notwithstanding section 15.059, subdivision 5, the advisory groups established
in this section expire on June 30, 2005 2007.
Sec. 15. Minnesota
Statutes 2004, section 136A.08, is amended by adding a subdivision to read:
Subd. 7.
[REPORTING.] The Higher Education Services Office must annually,
before the last day in January, submit a report to the committees in the house
of representatives and the senate with responsibility for higher education
finance on:
(1) participation in the tuition reciprocity program by
Minnesota students and students from other states attending Minnesota
postsecondary institutions under a reciprocity agreement;
(2) reciprocity and resident tuition rates at each
institution; and
(3) interstate payments and obligations for each state
participating in the tuition reciprocity program in the prior year.
Sec. 16. Minnesota
Statutes 2004, section 136A.08, is amended by adding a subdivision to read:
Subd. 8. [DATA
SHARING.] (a) The Higher Education Services Office must consider developing
data collection procedures and agreements to monitor the extent to which
students who attend Minnesota postsecondary institutions under reciprocity
agreements are employed in Minnesota after graduation. These procedures must include matching
Social Security numbers of reciprocity students for purposes of tracking the
migration and employment of students who receive associate, baccalaureate, or
graduate degrees through a tuition reciprocity program. State agencies must share wage and earnings
data under section 268.19 for the purpose of evaluating the tuition reciprocity
program.
(b) The reciprocity application must request the use of
student Social Security numbers for the purposes of this subdivision. Reciprocity students must be informed that
Social Security numbers will be used only for monitoring described in paragraph
(a), by sharing information with Minnesota agencies and departments responsible
for the administration of covered wage data and revenue collections. Social Security numbers must not be used for
any other purpose or reported to any other government entity.
(c) The office must include summary data on the migration
and earnings of reciprocity graduates in the reciprocity report to the
legislature. This report must include
summary statistics on number of graduates by institution, degree granted and
year of graduation, total number of reciprocity students employed in the state,
and total earnings of graduates.
Sec. 17. Minnesota
Statutes 2004, section 136A.121, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY
FOR GRANTS.] An applicant is eligible to be considered for a grant, regardless
of the applicant's sex, creed, race, color, national origin, or ancestry, under
sections 136A.095 to 136A.131 if the office finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent, or
is 17 years of age or over, and has met all requirements for admission as a
student to an eligible college or technical college of choice as defined in
sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in
Minnesota Rules;
(4) is not in default, as defined by the office, of any federal
or state student educational loan; and
(5) is not more than 30 days in arrears for any in
court-ordered child support payments owed to a that is collected
or enforced by the public agency authority responsible for
child support enforcement or, if the applicant is more than 30 days in arrears in
court-ordered child support that is collected or enforced by the public
authority responsible for child support enforcement, but is
complying with a written payment agreement under section 518.553 or
order for arrearages. An agreement
must provide for a repayment of arrearages at no less than 20 percent per month
of the amount of the monthly child support obligation or no less than $30 per
month if there is no current monthly child support obligation. Compliance means that payments are made by
the payment date.
The director and the commissioner of human services shall
develop procedures to implement clause (5).
Sec. 18. Minnesota
Statutes 2004, section 136A.121, subdivision 6, is amended to read:
Subd. 6. [COST OF
ATTENDANCE.] (a) The recognized cost of attendance consists of allowances
specified in law for living and miscellaneous expenses, and an allowance for tuition
and fees equal to the lesser of the average tuition and fees charged by the
institution, or the tuition and fee maximums established in law.
(b) For a student registering for less than full time, the
office shall prorate the cost of attendance to the actual number of credits for
which the student is enrolled.
The recognized cost of attendance for a student who is confined
to a Minnesota correctional institution shall consist of the tuition and fee
component in paragraph (a), with no allowance for living and miscellaneous
expenses.
For the purpose of this subdivision, "fees" include
only those fees that are mandatory and charged to full-time resident students
attending the institution. Fees do
not include charges for tools, equipment, computers, or other similar materials
where the student retains ownership.
Fees include charges for these materials if the institution retains
ownership. Fees do not include optional
or punitive fees.
Sec. 19. Minnesota
Statutes 2004, section 136A.121, is amended by adding a subdivision to read:
Subd. 7a.
[SURPLUS APPROPRIATION.] If the amount appropriated is determined by
the office to be more than sufficient to fund projected grant demand in the
second year of the biennium, the office may increase the living and
miscellaneous expense allowance in the second year of the biennium by up to an
amount that retains sufficient appropriations to fund the projected grant
demand. The adjustment may be made one
or more times. In making the
determination that there is more than sufficient funds, the office shall
balance the need for sufficient resources to meet the projected demand for
grants with the goal of fully allocating the appropriation for state
grants. An increase in the living and
miscellaneous expense allowance under this subdivision does not carry forward
into a subsequent biennium. This
subdivision expires June 30, 2007.
Sec. 20. Minnesota
Statutes 2004, section 136A.121, subdivision 9, is amended to read:
Subd. 9. [AWARDS.] An
undergraduate student who meets the office's requirements is eligible to apply
for and receive a grant in any year of undergraduate study unless the student
has obtained a baccalaureate degree or previously has been enrolled full time
or the equivalent for eight semesters or the equivalent, excluding courses
taken from a Minnesota school or postsecondary institution which is not
participating in the state grant program and from which a student transferred
no credit. A student who withdraws
from enrollment for active military service is entitled to an additional
semester or the equivalent of grant eligibility. A student enrolled in a two-year program at a four-year
institution is only eligible for the tuition and fee maximums established by
law for two-year institutions.
Sec. 21.
Minnesota Statutes 2004, section 136A.121, subdivision 13, is amended to
read:
Subd. 13. [DEADLINE.]
The deadline for the office to accept applications for state grants for a term
is 14 30 days after the start of that term.
Sec. 22. Minnesota
Statutes 2004, section 136A.121, is amended by adding a subdivision to read:
Subd. 18.
[DATA.] (a) An eligible institution must provide to the office data
on student enrollment and federal and state financial aid.
(b) An institution or its agent must provide to the office
aggregate and distributional financial or other data as determined by the
director that is directly related to the responsibilities of the office under
this chapter and chapter 141. The
director may only request aggregate and distributional data after establishing
and consulting with a data advisory task force to determine the need, content,
and detail of the information. Data
provided by nonpublic institutions under this paragraph is considered nonpublic
data under chapter 13.
Sec. 23. Minnesota
Statutes 2004, section 136A.125, subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE
STUDENTS.] (a) An applicant is eligible for a child care grant if the
applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age
or younger who is handicapped as defined in section 125A.02, and who is
receiving or will receive care on a regular basis from a licensed or legal,
nonlicensed caregiver;
(3) is income eligible as determined by the office's policies
and rules, but is not a recipient of assistance from the Minnesota family
investment program;
(4) has not earned a baccalaureate degree and has been enrolled
full time less than eight semesters or the equivalent;
(5) is pursuing a nonsectarian program or course of study that
applies to an undergraduate degree, diploma, or certificate;
(6) is enrolled at least half time in an eligible institution;
and
(7) is in good academic standing and making satisfactory academic
progress.
(b) A student who withdraws from enrollment for active
military service is entitled to an additional semester or the equivalent of
grant eligibility.
Sec. 24. Minnesota
Statutes 2004, section 136A.125, subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND
LENGTH OF GRANTS.] The amount of a child care grant must be based on:
(1) the income of the applicant and the applicant's spouse;
(2) the number in the applicant's family, as defined by the
office; and
(3) the number of eligible children in the applicant's family.
The maximum award to the applicant shall be $2,200
$2,300 for each eligible child per academic year, except that the campus
financial aid officer may apply to the office for approval to increase grants
by up to ten percent to compensate for higher market charges for infant care in
a community. The office shall develop
policies to determine community market costs and review institutional requests
for compensatory grant increases to ensure need and equal treatment. The office shall prepare a chart to show the
amount of a grant that will be awarded per child based on the factors in this
subdivision. The chart shall include a
range of income and family size.
Sec. 25. Minnesota
Statutes 2004, section 136A.1701, is amended by adding a subdivision to read:
Subd. 11.
[DATA.] (a) An eligible institution must provide to the office data
on student enrollment and federal and state financial aid.
(b) An institution or its agent must provide to the office
aggregate and distributional financial or other data as determined by the
director that is directly related to the responsibilities of the office under
this chapter and chapter 141. The
director may only request aggregate and distributional data after establishing
and consulting with a data advisory task force to determine the need, content,
and detail of the information. Data
provided by nonpublic institutions under this paragraph is considered nonpublic
data under chapter 13.
Sec. 26. Minnesota
Statutes 2004, section 136A.1701, is amended by adding a subdivision to read:
Subd. 12.
[ELIGIBLE STUDENT.] "Eligible student" means a student who
is a Minnesota resident who is enrolled or accepted for enrollment at an
eligible institution in Minnesota or in another state or province. Non-Minnesota residents are eligible
students if they are enrolled or accepted for enrollment in a minimum of one
course of at least 30 days in length during the academic year that requires
physical attendance at an eligible institution located in Minnesota. Non-Minnesota resident students enrolled
exclusively during the academic year in correspondence courses or courses
offered over the Internet are not eligible students. Non-Minnesota resident students not physically attending classes
in Minnesota due to enrollment in a study abroad program for 12 months or less
are eligible students. Non-Minnesota
residents enrolled in study abroad programs exceeding 12 months are not
eligible students. For purposes of this
section, an "eligible student" must also meet the eligibility
requirements of section 136A.15, subdivision 8.
Sec. 27. [136A.1703]
[INCOME-CONTINGENT LOANS.]
The office shall administer an income-contingent loan
repayment program to assist graduates of Minnesota schools in medicine,
dentistry, pharmacy, chiropractic medicine, public health, and veterinary
medicine, and Minnesota residents graduating from optometry and osteopathy
programs. Applicant data collected by
the office for this program may be disclosed to a consumer credit reporting
agency under the same conditions as those that apply to the supplemental loan
program under section 136A.162. No new
applicants may be accepted after June 30, 1995.
Sec. 28. [136A.1785]
[LOAN CAPITAL FUND.]
The office may deposit and hold assets derived from the
operation of its student loan programs authorized by this chapter in a fund
known as the loan capital fund. Assets
in the loan capital fund are available to the office solely for carrying out
the purposes and terms of sections 136A.15 to 136A.1703, including, but not
limited to, making student loans authorized by this chapter, paying
administrative expenses associated with the operation of its student loan
programs, repurchasing defaulted student loans, and paying expenses in
connection with the issuance of revenue bonds authorized under this
chapter. Assets in the loan capital
fund may be invested as provided in sections 11A.24 and 136A.16, subdivision 8. All interest and earnings from the
investment of the loan capital fund inure to the benefit of the fund and are
deposited into the fund.
Sec. 29. [136A.861] [INTERVENTION FOR COLLEGE
ATTENDANCE PROGRAM GRANTS.]
Subdivision 1.
[GRANTS.] The director of the Higher Education Services Office shall
award grants to foster postsecondary attendance by providing outreach services
to historically underserved students in grades six through 12. Grants must be awarded to programs that
provide precollege services, including, but not limited to:
(1) academic counseling;
(2) mentoring;
(3) fostering and improving parental involvement in planning
for and facilitating a college education;
(4) services for students with English as a second language;
(5) academic enrichment activities;
(6) tutoring;
(7) career awareness and exploration;
(8) orientation to college life;
(9) assistance with high school course selection and
information about college admission requirements; and
(10) financial aid counseling.
Grants shall be awarded to postsecondary institutions,
professional organizations, community-based organizations, or others deemed
appropriate by the director.
Grants shall be awarded for one year and may be renewed for
a second year with documentation to the Higher Education Services Office of
successful program outcomes.
Subd. 2.
[ELIGIBLE STUDENTS.] Eligible students include students in grades six
through 12 who meet one or more of the following criteria:
(1) are counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (Title I);
(2) are eligible for free or reduced-price lunch under the
National School Lunch Act;
(3) receive assistance under the Temporary Assistance for
Needy Families Law (Title I of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996); or
(4) are a member of a group traditionally underrepresented
in higher education.
Subd. 3.
[APPLICATION PROCESS.] The director of the Higher Education Services
Office shall develop a grant application process. The director shall attempt to support projects in a manner that
ensures that eligible students throughout the state have access to precollege
services.
The grant application must
include, at a minimum, the following information:
(1) a description of the characteristics of the students to
be served reflective of the need for services listed in subdivision 1;
(2) a description of the services to be provided and a
timeline for implementation of the activities;
(3) a description of how the services provided will foster
postsecondary attendance;
(4) a description of how the services will be evaluated to
determine whether the program goals were met; and
(5) other information as identified by the director.
Grant recipients must
specify both program and student outcome goals, and performance measures for
each goal.
Subd. 4. [MATCH
REQUIRED.] Applicants are required to match the grant amount
dollar-for-dollar. The match may be in
cash or an in-kind contribution.
Subd. 5. [REVIEW
COMMITTEE.] The director must establish and convene a grant selection
committee to review applications and award grants. The members of the committee may include representatives of
postsecondary institutions, school districts, organizations providing
precollege outreach services, and others deemed appropriate by the director.
Subd. 6.
[PROGRAM EVALUATION.] Each grant recipient must annually submit a
report to the Higher Education Services Office delineating its program and
student outcome goals, and activities implemented to achieve the stated
outcomes. The goals must be clearly
stated and measurable. Grant recipients
are required to collect, analyze, and report on participation and outcome data
that enable the office to verify that the program goals were met. The office shall maintain:
(1) information about successful precollege program
activities for dissemination to individuals throughout the state interested in
adopting or replicating successful program practices; and
(2) data on the success of the funded projects in increasing
the high school graduation and college participation rates of students served
by the grant recipients. The office may
convene meetings of the grant recipients, as needed, to discuss issues pertaining
to the implementation of precollege services.
Subd. 7.
[REPORT.] By January 15 of each odd-numbered year, the office shall
submit a report to the committees in the legislature with jurisdiction over
higher education finance regarding the grant recipients and their
activities. The report shall include
information about the students served, the organizations providing services,
program activities, program goals and outcomes, and program revenue sources and
funding levels.
Sec. 30. Minnesota
Statutes 2004, section 136F.04, subdivision 4, is amended to read:
Subd. 4.
[RECOMMENDATIONS.] Each student association shall recommend at least two
and not more than four candidates for its student member. By January 2 April 15 of the
year in which its members' term expires, each student association shall submit
its recommendations to the governor.
The governor is not bound by these recommendations.
Sec. 31. [136F.31] [CENTERS OF EXCELLENCE.]
Subdivision 1.
[BOARD DESIGNATION.] The board must designate at least three and up
to eight different program centers of excellence. The board must determine the form and required information
contained in applications from member institutions.
Subd. 2. [CENTER
SELECTION CRITERIA.] The board must select programs based on institutional
proposals demonstrating:
(1) the capacity to build multistate regional or national
recognition of the program within five years;
(2) a commitment to expanding the influence of the center to
improve results in related programs in participating institutions;
(3) the capacity to improve employment placement and income
expectations of graduates from the program;
(4) a strong partnership between a four-year and at least
one two-year institution that maximizes the leverage of academic and training
capacities in each institution;
(5) a comprehensive academic plan that includes a seamless
continuum of academic offerings in the program area that supports career
development at multiple levels in related employment fields;
(6) a specific development plan that includes a description
of how the institution will pursue continuous improvement and accountability;
(7) identified commitments from employers that include
measurable financial and programmatic commitment to the center of excellence on
the part of employers who will benefit from the development of the center. A center for teacher education must
demonstrate support from local school districts;
(8) a commitment from the institution that the new
designated funding will not supplant current budgets from related programs;
(9) a strong existing program upon which the proposed center
will build; and
(10) a separate fund for donations dedicated for the program
within current institutional foundations.
The board may adopt additional criteria that promote general
goals of the centers. The board shall
give priority to programs that integrate the academic and training outcomes of
the center with business clusters that have a significant multiplier effect on
the state's economy based on projections of job, income, or general economic
growth. The board shall consult with
the Department of Employment and Economic Development to identify these
clusters and the potential economic impact of developing a center for excellence.
Subd. 3.
[ADVISORY COMMITTEE AND REPORTS REQUIRED.] A center of excellence
must create an advisory committee representing local, statewide, and national
leaders in the field. By January 15 of
each odd-numbered year, each designated center must provide a report to the
governor and the chairs of committees of the legislature with jurisdiction over
higher education finance, that includes annual and integrated data on program
enrollment, student demographics, student admission data, endowment growth,
graduation rates, graduation outcomes, employer involvement, indicators of
student or graduate employment success, and other outcomes as determined by the
board. After a center has been in
existence for three years, the report must include measures of the program's
impact on the local economy.
Sec. 32. Minnesota Statutes 2004, section 136F.32,
subdivision 2, is amended to read:
Subd. 2. [TECHNICAL AND
CONSOLIDATED TECHNICAL COLLEGES.] (a) A technical college or consolidated
technical community college shall offer students the option of pursuing
diplomas and or certificates in each technical education program,
unless the board determines that a degree is the only acceptable credential for
career entry in a specific field. All
vocational and technical credits earned for a diploma or certificate shall be
applicable toward any available degree in the same program.
(b) Certificates and diplomas are credentials that demonstrate
competence in a vocational or technical area and, therefore, may include a
general education component only as part of an articulation agreement or to
meet occupational requirements as established by the trade or profession, or by
the program advisory committee.
Students shall be provided with applied training in general studies as
necessary for competence in the program area.
Students who have earned a certificate or diploma may earn a degree in
the same field if they complete the general education and other degree
requirements.
Sec. 33. Minnesota
Statutes 2004, section 136G.03, subdivision 3, is amended to read:
Subd. 3. [ACCOUNT
OWNER.] "Account owner" means a person who enters into a
participation agreement and is entitled to select or change conduct
transactions on the account, including selecting and changing the
beneficiary of an account or to receive and receiving
distributions from the account for other than payment of qualified higher
education expenses.
Sec. 34. Minnesota
Statutes 2004, section 136G.03, subdivision 21a, is amended to read:
Subd. 21a. [MINOR TRUST
ACCOUNT.] "Minor trust account" means a Uniform Gift to Minors Act
account, or a Uniform Transfers to Minors Act account, or a
trust instrument naming a minor person as beneficiary, created and
operating under the laws of Minnesota or another state.
Sec. 35. Minnesota
Statutes 2004, section 136G.03, subdivision 22, is amended to read:
Subd. 22. [NONQUALIFIED
DISTRIBUTION.] "Nonqualified distribution" means a distribution made
from an account other than (1) a qualified distribution; or (2) a distribution
due to the death or disability of, or scholarship to, or attendance at a
United States military academy by, a beneficiary.
Sec. 36. Minnesota
Statutes 2004, section 136G.03, subdivision 32, is amended to read:
Subd. 32.
[SCHOLARSHIP.] "Scholarship" means a scholarship, or
educational assistance allowance, or payment under section 529(b)(3)(C)
of the Internal Revenue Code.
Sec. 37. Minnesota
Statutes 2004, section 136G.05, subdivision 8, is amended to read:
Subd. 8.
[ADMINISTRATION.] The director shall administer the program, including
accepting and processing applications, maintaining account records, making
payments, making matching grants under section 136G.11, and undertaking any
other necessary tasks to administer the program. The office may contract with one or more third parties to carry
out some or all of these administrative duties, including promotion providing
incentives and marketing of the program. The office and the board may jointly contract with third-party
providers, if the office and board determine that it is desirable to contract
with the same entity or entities for administration and investment management.
Sec. 38.
Minnesota Statutes 2004, section 136G.09, subdivision 11, is amended to
read:
Subd. 11. [EFFECT OF
PLAN CHANGES ON PARTICIPATION AGREEMENT.] Amendments to sections 136G.01 to
136G.13 automatically amend the participation agreement. Any amendments to the operating procedures
and policies of the plan shall automatically amend the participation
agreement 30 days after adoption by the office or the board.
Sec. 39. Minnesota
Statutes 2004, section 136G.09, subdivision 12, is amended to read:
Subd. 12. [SPECIAL
ACCOUNT TO HOLD PLAN ASSETS IN TRUST.] All assets of the plan, including
contributions to accounts and matching grant accounts and earnings, are held in
trust for the exclusive benefit of account owners and beneficiaries. Assets must be held in a separate account in
the state treasury to be known as the Minnesota college savings plan account or
in accounts with the third party provider selected pursuant to section 136G.05,
subdivision 8. Plan assets are not
subject to claims by creditors of the state, are not part of the general fund,
and are not subject to appropriation by the state. Payments from the Minnesota college savings plan account shall be
made under sections 136G.01 to 136G.13.
Sec. 40. Minnesota
Statutes 2004, section 136G.11, subdivision 1, is amended to read:
Subdivision 1.
[MATCHING GRANT QUALIFICATION.] By June 30 of each year, a state
matching grant must be added to each account established under the program if
the following conditions are met:
(1) the contributor applies, in writing in a form prescribed by
the director, for a matching grant;
(2) a minimum contribution of $200 was made during the
preceding calendar year; and
(3) the beneficiary's family meets Minnesota college savings
plan residency requirements; and
(4) the family income of the beneficiary did not exceed
$80,000.
Sec. 41. Minnesota
Statutes 2004, section 136G.11, subdivision 2, is amended to read:
Subd. 2. [FAMILY
INCOME.] (a) For purposes of this section, "family income" means:
(1) if the beneficiary is under age 25, the combined adjusted
gross income of the beneficiary's parents or legal guardians as reported on the
federal tax return or returns for the calendar year in which contributions were
made. If the beneficiary's parents or
legal guardians are divorced, the income of the parent claiming the
beneficiary as a dependent on the federal individual income tax return and the
income of that parent's spouse, if any, is used to determine family income; or
(2) if the beneficiary is age 25 or older, the combined
adjusted gross income of the beneficiary and spouse, if any.
(b) For a parent or legal guardian of beneficiaries under age
25 and for beneficiaries age 25 or older who resided in Minnesota and filed a
federal individual income tax return, the matching grant must be based on
family income from the calendar year in which contributions were made.
Sec. 42.
Minnesota Statutes 2004, section 136G.11, subdivision 3, is amended to
read:
Subd. 3. [RESIDENCY
REQUIREMENT.] (a) If the beneficiary is under age 25, the beneficiary's parents
or legal guardians must be Minnesota residents to qualify for a matching
grant. If the beneficiary is age 25 or
older, the beneficiary must be a Minnesota resident to qualify for a matching
grant.
(b) To meet the residency requirements, the parent or legal
guardian of beneficiaries under age 25 must have filed a Minnesota individual
income tax return as a Minnesota resident and claimed the beneficiary as a
dependent on the parent or legal guardian's federal tax return for the calendar
year in which contributions were made. If
the beneficiary's parents are divorced, the parent or legal guardian claiming
the beneficiary as a dependent on the federal individual income tax return must
be a Minnesota resident. For
beneficiaries age 25 or older, the beneficiary, and a spouse, if any, must have
filed a Minnesota and a federal individual income tax return as a Minnesota
resident for the calendar year in which contributions were made.
(c) A parent of beneficiaries under age 25 and beneficiaries
age 25 or older who did not reside in Minnesota in the calendar year in which
contributions were made are not eligible for a matching grant.
Sec. 43. Minnesota
Statutes 2004, section 136G.11, subdivision 13, is amended to read:
Subd. 13. [FORFEITURE
OF MATCHING GRANTS.] (a) Matching grants are forfeited if:
(1) the account owner transfers the total account balance of an
account to another account or to another qualified tuition program;
(2) the beneficiary receives a full tuition scholarship or admission
to is attending a United States service academy;
(3) the beneficiary dies or becomes disabled;
(4) the account owner changes the beneficiary of the account;
or
(5) the account owner closes the account with a nonqualified
withdrawal.
(b) Matching grants must be proportionally forfeited if:
(1) the account owner transfers a portion of an account to
another account or to another qualified tuition program;
(2) the beneficiary receives a scholarship covering a portion
of qualified higher education expenses; or
(3) the account owner makes a partial nonqualified withdrawal.
(c) If the account owner makes a misrepresentation in a
participation agreement or an application for a matching grant that results in
a matching grant, the matching grant associated with the misrepresentation is
forfeited. The office and the board
must instruct the plan administrator as to the amount to be forfeited from the
matching grant account. The office and
the board must withdraw the matching grant or the proportion of the matching
grant that is related to the misrepresentation.
Sec. 44.
Minnesota Statutes 2004, section 136G.13, subdivision 1, is amended to
read:
Subdivision 1.
[QUALIFIED DISTRIBUTION METHODS.] (a) Qualified distributions may be
made:
(1) directly to participating eligible educational institutions
on behalf of the beneficiary; or
(2) in the form of a check payable to both the beneficiary and
the eligible educational institution; or
(3) directly to the account owner or beneficiary if the
account owner or beneficiary has already paid qualified higher education
expenses.
(b) Qualified distributions must be withdrawn proportionally
from contributions and earnings in an account owner's account on the date of
distribution as provided in section 529 of the Internal Revenue Code.
Sec. 45. Minnesota
Statutes 2004, section 136G.13, subdivision 5, is amended to read:
Subd. 5. [DISTRIBUTIONS
DUE TO DEATH OR DISABILITY OF, OR SCHOLARSHIP TO, OR ATTENDANCE AT A UNITED
STATES MILITARY ACADEMY BY, A BENEFICIARY.] An account owner may request a
distribution due to the death or disability of, or scholarship to, or
attendance at a United States military academy by, a beneficiary from an
account by submitting a completed request to the plan. Prior to distribution, the account owner
shall certify the reason for the distribution and provide written confirmation
from a third party that the beneficiary has died, become disabled, or received
a scholarship for attendance at an eligible educational institution, or is
attending a United States military academy. The plan must not consider a request to make a distribution until
a third-party written confirmation is received by the plan. For purposes of this subdivision, a
third-party written confirmation consists of the following:
(1) for death of the beneficiary, a certified copy of the
beneficiary's death record;
(2) for disability of the beneficiary, a certification by a
physician who is a doctor of medicine or osteopathy stating that the doctor is
legally authorized to practice in a state of the United States and that the
beneficiary is unable to attend any eligible educational institution because of
an injury or illness that is expected to continue indefinitely or result in
death. Certification must be on a form
approved by the plan; or
(3) for a scholarship award to the beneficiary, a letter from
the grantor of the scholarship or from the eligible educational institution
receiving or administering the scholarship, that identifies the beneficiary by
name and Social Security number or taxpayer identification number as the
recipient of the scholarship and states the amount of the scholarship, the
period of time or number of credits or units to which it applies, the date of
the scholarship, and, if applicable, the eligible educational institution to
which the scholarship is to be applied; or
(4) for attendance by the beneficiary at a United States
military academy, a letter from the military academy indicating the
beneficiary's enrollment and attendance.
Sec. 46. Minnesota
Statutes 2004, section 136G.14, is amended to read:
136G.14 [MINOR TRUST ACCOUNTS.]
(a) This section applies to a plan account in which funds of a
minor trust account are invested.
(b) The account owner may not be changed to any person other
than a successor custodian or the beneficiary unless a court order directing
the change of ownership is provided to the plan administrator. The custodian must sign all forms and
requests submitted to the plan administrator in the custodian's representative
capacity. The custodian must notify the
plan administrator in writing when the beneficiary becomes legally entitled to
be the account owner. An account owner
under this section may not select a contingent account owner.
(c) The beneficiary of an account under this section
may not be changed. If the beneficiary
dies, assets in a plan account become the property of the beneficiary's
estate. Funds in an account must not be
transferred or rolled over to another account owner or to an account for
another beneficiary. A nonqualified
distribution from an account, or a distribution due to the disability or
scholarship award to the beneficiary, or made on account of the
beneficiary's attendance at a United States military academy, must be used
for the benefit of the beneficiary.
Sec. 47. Minnesota
Statutes 2004, section 137.0245, subdivision 1, is amended to read:
Subdivision 1.
[ESTABLISHMENT.] A Regent Candidate Advisory Council is established to
assist the legislature in determining criteria for, and identifying and
recruiting qualified candidates for membership on the Board of Regents and
making recommendations to the governor.
Sec. 48. Minnesota
Statutes 2004, section 137.0245, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a)
The advisory council shall:
(1) develop, in consultation with current and former regents
and the administration of the University of Minnesota, a statement of the
selection criteria to be applied and a description of the responsibilities and
duties of a regent, and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit
qualified candidates for the Board of Regents, based on the background and
experience of the candidates, and their potential for discharging the
responsibilities of a member of the Board of Regents, and the needs of the
board. The selection criteria must not
include a limitation on the number of terms an individual may serve on the
Board of Regents.
(b) The selection criteria developed under paragraph (a),
clause (1), must include a criterion that regents represent diversity in
geography; gender; race; occupation, including business and labor; and
experience.
(c) The selection criterion must include an identification
of the membership needs of the board for individual skills relevant to the
governance of the University of Minnesota and the needs for certain individual
characteristics. Individual
characteristics relate to qualities such as gender, race, and geographic
location of residence.
Sec. 49. Minnesota
Statutes 2004, section 137.0245, subdivision 4, is amended to read:
Subd. 4.
[RECOMMENDATIONS.] (a) The advisory council shall recommend at
least two and not more than four candidates.
By March 15 January 15 of each odd-numbered year, the
advisory council shall submit its recommendations to the president of the
senate and the speaker of the house of representatives. The legislature shall not be bound by these
recommendations governor.
(b) The advisory council must submit a report to the
governor on the needs criterion identified under subdivision 3, paragraph (c),
at the same time it submits its recommendations.
Sec. 50. [137.0246]
[REGENT NOMINATION AND ELECTION.]
Subdivision 1.
[GOVERNOR NOMINATION.] By February 15 following the receipt of
recommendations from the advisory council, the governor must submit to the
joint committee established under subdivision 2 a slate of regent nominations
that complies with sections 137.023 and 137.024. The slate must name one nominee for each vacancy. In selecting nominees, the governor must
consider the needs of the Board of Regents and the balance of the board
membership with respect to gender, racial, and ethnic composition. The governor must inform the joint committee
how each candidate and the slate meets the needs identified in the report under
section 137.0245, subdivision 4, paragraph (b).
Subd. 2.
[JOINT COMMITTEE.] (a) The joint legislative committee consists of 20
legislator members. Ten members shall
be appointed by the speaker of the house.
Ten members shall be appointed by the Subcommittee on Committees of the
Committee on Rules and Administration from the senate. An equal number of members from the majority
and minority party shall be appointed from each house. The members appointed from the minority
party must be appointed from among those recommended by the minority
leader. The chairs of the education
policy committees and of the higher education budget divisions and the ranking
minority member of those committees and divisions must be appointed. A majority of the members from each house is
a quorum of the joint committee.
(b) By February 28 of each odd-numbered year, or at a date
agreed to by concurrent resolution, the joint legislative committee shall meet
to consider the governor's nominees for regent of the University of Minnesota
for possible presentation to a joint convention of the legislature.
(c) The joint committee may only recommend to the joint
convention nominees recommended by the governor. If the joint committee does not recommend a governor's nominee,
the governor must submit a different nominee for the same vacancy.
Sec. 51. [144.1498]
[NURSING LOW-INCOME LOAN REPAYMENT.]
Subdivision 1.
[DEFINITION.] For purposes of this section, "qualifying
educational loans" means government, commercial, and foundation loans for
actual costs paid for tuition, reasonable education expenses, and reasonable
living expenses related to the graduate or undergraduate education of a
licensed practical nurse or registered nurse.
Subd. 2.
[CREATION OF ACCOUNT; LOAN REPAYMENT PROGRAM.] A low-income nursing
education account is created in the general fund. The commissioner of health shall use money from the account to
establish a loan repayment program for licensed practical or registered nurses
who agree to practice in a Minnesota nursing home or work in a position in
Minnesota as a nurse educator.
Appropriations made to the account do not cancel and are available until
expended.
Subd. 3.
[ELIGIBILITY.] (a) To be eligible to apply to participate in the loan
repayment program, an individual must:
(1) be a resident of Minnesota;
(2) currently be attending a program leading to a degree in
practical or registered nursing or a graduate nursing degree in a public or
private postsecondary education institution located in Minnesota; and
(3) submit an application to the commissioner of health.
(b) An applicant selected to participate must sign a
contract to agree to serve a minimum three-year, full-time service obligation
in a position or place of employment described in subdivision 2. The service must begin no later than March
31 following completion of required training.
If fewer applications are submitted by nursing students than there are
participant slots available, the commissioner may consider applications
submitted by nursing program graduates who are licensed or registered nurses or
nurses who are nurse educators. Nurses
selected for loan repayment assistance must comply with this section.
Subd. 4. [LOAN
REPAYMENT.] The commissioner of health may accept applicants each year for
participation in the loan repayment program, within the limits of available
funding. Applicants are responsible for
securing their own loans. The
commissioner shall select participants in a priority based upon lowest family
income, followed in order of ascending family income. Family income may be determined in the same manner as for state
grants under section 136A.121 or in another manner the commissioner determines
fairly represents family income. The
commissioner shall give preference to applicants closest to completing their
training. For each year that a participant
meets the service obligation required under subdivision 3, up to a maximum of
four years, the commissioner shall make annual disbursements directly to the
participant equivalent to 15 percent of the average educational debt for
indebted nursing school graduates in the year closest to the applicant's
selection for which information is available or the balance of the qualifying educational
loans, whichever is less. Before
receiving loan repayment disbursements and as requested, the participant must
complete and return to the commissioner an affidavit of practice form provided
by the commissioner verifying that the participant is practicing as required
under subdivision 3. The participant
must provide the commissioner with verification that the full amount of loan
repayment disbursement received by the participant has been applied toward the
designated loans. After each disbursement,
verification must be received by the commissioner and approved before the next
loan repayment disbursement is made.
Participants remain eligible for loan repayment as long as they practice
as required under subdivision 3.
Subd. 5.
[PENALTY FOR NONFULFILLMENT.] If a participant does not fulfill the
service commitment under subdivision 3, the commissioner of health shall
collect from the participant 100 percent of any payments made for qualified
educational loans and interest at a rate established according to section
270.75. The commissioner shall deposit
the money collected in the low-income nursing education account established
under subdivision 2.
Subd. 6.
[SUSPENSION OR WAIVER OF OBLIGATION.] Payment or service obligations
cancel in the event of a participant's death.
The commissioner of health may waive or suspend payment or service
obligations in cases of total and permanent disability or long-term temporary
disability lasting for more than two years.
The commissioner shall evaluate all other requests for suspension or
waivers on a case-by-case basis and may grant a waiver of all or part of the
money owed as a result of a nonfulfillment penalty if emergency circumstances
prevented fulfillment of the required service commitment.
Sec. 52. Minnesota
Statutes 2004, section 192.502, subdivision 1, is amended to read:
Subdivision 1.
[POSTSECONDARY STUDENTS.] (a) A member of the Minnesota National
Guard or any other military reserve component who is a As used in this
subdivision, the terms "qualified person" and "qualified
student" have the same meaning and include:
(1) any student at a postsecondary education educational
institution and who is called or ordered to state into
active military service in the Minnesota National Guard, as defined
in section 190.05, subdivision 5, or who is called or ordered to federal
active military service; and
(2) a veteran, as defined in section 197.447, who has a
service-connected disability as certified by the United States Department of
Veterans Affairs, who is a student at a postsecondary educational institution,
and whose service connected medical condition or medical treatment requirements
reasonably prevent the person's attendance at or progress in part or all of the
person's higher educational training or studies at any given time. The terms "medical condition" and
"medical treatment requirements" must be broadly construed and
without regard for whether or not they relate directly to the person's
service-connected disability.
(b) A qualified person or qualified student has the
following rights:
(1) with regard to courses in which the person is enrolled, the
person may:
(i) withdraw from one or more courses for which tuition and
fees have been paid that are attributable to the courses. The tuition and fees must be credited to the
person's account at the postsecondary institution. Any refunds are subject to the requirements of the state or
federal financial aid programs of origination.
In such a case, the student must not receive credit for the courses and
must not receive a failing grade, an incomplete, or other negative annotation
on the student's record, and the student's grade point average must not be
altered or affected in any manner because of action under this item;
(ii) be given a grade of
incomplete and be allowed to complete the course upon release from active duty
service, upon completion of medical treatment, or upon sufficient medical
recovery under the postsecondary institution's standard practice for
completion of incompletes; or
(iii) continue and complete the course for full credit. Class sessions the student misses due to
performance of state or federal active military service or due to the
person's medical treatment or medical condition must be counted as excused
absences and must not be used in any way to adversely impact the student's
grade or standing in the class. Any
student who selects this option is not, however, automatically excused from
completing assignments due during the period the student is performing state
or federal active military service or receiving medical treatment or
recovering from a medical condition.
A letter grade or a grade of pass must only be awarded only
if, in the opinion of the faculty member teaching the course, the student has
completed sufficient work and has demonstrated sufficient progress toward
meeting course requirements to justify the grade;
(2) to receive a refund of amounts paid for room, board, and
fees attributable to the time period during which the student was serving in state
or federal active military service or receiving medical treatment or
dealing with the person's medical condition and did not use the facilities
or services for which the amounts were paid.
Any refund of room, board, and fees is subject to the requirements of
the state or federal financial aid programs of origination; and
(3) if the student chooses to withdraw, the student has the
right to be readmitted and reenrolled as a student at the postsecondary
education institution, without penalty or redetermination of admission
eligibility, within one year two years following release from the
state or federal active military service or following completion of medical
treatment or sufficient recovery from the person's medical condition.
(b) (c) The protections in this section may be
invoked as follows:
(1) the qualified person or qualified student, or
an appropriate officer from the military organization in which the person will
be serving, or an appropriate medical authority or the person's authorized
caregiver or family member, must give advance verbal or written notice that
the person is being called or ordered to qualifying active
military service or will be undertaking medical treatment or a period of
recovery for a medical condition;
(2) advance notice is not required if the giving of notice is
precluded by military or medical necessity or, under all the relevant
circumstances, the giving of notice is impossible or unreasonable; and
(3) upon written request from the postsecondary institution,
the person must provide written verification of the order to active
service or of the existence of the medical condition or medical treatment.
(c) (d) This section provides minimum protections
for qualified students. Nothing
in this section prevents postsecondary institutions from providing additional
options or protections to students who are called or ordered to state
or federal active military service or are undertaking medical treatment
or a period of recovery from a medical condition.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 53. Minnesota
Statutes 2004, section 299A.45, subdivision 1, is amended to read:
Subdivision 1.
[ELIGIBILITY.] Following certification under section 299A.44 and compliance
with this section and rules of the commissioner of public safety and the higher
education services office, dependent children less than 23 years of age and the
surviving spouse of a public safety officer killed in the line of duty on or
after January 1, 1973, are eligible to receive educational benefits under this
section. To qualify for an award, they
must be enrolled in undergraduate degree or certificate programs after June 30,
1990, at an eligible Minnesota institution as provided in section 136A.101,
subdivision 4. A student who
withdraws from enrollment for active military service is entitled to
an additional semester or the equivalent of grant eligibility. Persons who have received a baccalaureate
degree or have been enrolled full time or the equivalent of ten semesters or
the equivalent, whichever occurs first, are no longer eligible.
Sec. 54. Minnesota
Statutes 2004, section 299A.45, subdivision 4, is amended to read:
Subd. 4. [RENEWAL.]
Each award must be given for one academic year and is renewable for a maximum
of eight semesters or the equivalent. A
student who withdraws from enrollment for active military service is entitled
to an additional semester or the equivalent of grant eligibility. An award must not be given to a dependent
child who is 23 years of age or older on the first day of the academic year.
Sec. 55. [583.215]
[EXPIRATION.]
(a) Sections 336.9-601, subsections (h) and (i); 550.365;
559.209; 582.039; and 583.20 to 583.32, expire June 30, 2009.
(b) Laws 1986, chapter 398, article 1, section 18, as
amended, is repealed.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 56. [RECIPROCITY
NEGOTIATIONS.]
Subdivision 1.
[SOUTH DAKOTA.] The Higher Education Services Office must examine
reinstating interstate payments in the Minnesota-South Dakota reciprocity
program while maintaining the tuition reciprocity agreement. The office must examine the advantages and
disadvantages of computing interstate payments under the reciprocity agreement
and the impact of interstate payments on participating students, institutions,
and the general funds of the two states.
The office must report on the impacts of reinstating reciprocity
payments to the committees of the legislature with responsibility for higher
education by January 15, 2006.
Subd. 2.
[WISCONSIN.] The Higher Education Services Office must, as soon as
possible, commence negotiations with the state of Wisconsin on the tuition
reciprocity agreement. The negotiations
must include the issue of the disparity between the tuition paid by Wisconsin
residents and Minnesota residents at campuses of the University of Minnesota
with a goal of reducing or eliminating the disparity.
This section does not mandate the inclusion of any
particular term in a tuition reciprocity agreement.
Sec. 57. [ADVISORY TASK
FORCE ON PUBLIC POSTSECONDARY FUNDING.]
The Higher Education Services Office shall convene an
advisory task force to study the current postsecondary funding policy under Minnesota
Statutes, sections 135A.01 to 135A.034.
The task force must include the chief financial officers of the
University of Minnesota and the Minnesota State Colleges and Universities, and
the commissioner of finance, or their designees. The task force may include other members as selected by the
Higher Education Services Office. The
task force must study and make specific recommendations on alternatives to the
methods currently used by the postsecondary systems to implement the provisions
of Minnesota Statutes, section 135A.031, subdivision 4. The task force must submit its
recommendations to the legislature and the governor by January 15, 2006. The task force expires on June 30, 2007.
Sec. 58. [ALTERNATIVE
FORMAT INSTRUCTIONAL MATERIAL NETWORK.]
The Higher Education Services Office must convene a group
with representatives from publishers of postsecondary instructional materials,
the Association of American Publishers (AAP), the Minnesota State Colleges and
Universities, the University of Minnesota, all sectors of private postsecondary
education, and Minnesota State Services
for the Blind to develop a network to make available postsecondary
instructional material in an electronic format or to identify other solutions,
such as a national system, to address the specialized format needs of
postsecondary students with disabilities.
The material available through the network must be made available to
Minnesota postsecondary institutions and to postsecondary students with
disabilities that require a reading accommodation. The group must establish standards for the instructional material
that is available through the network.
Instructional material must be in a format that is compatible with
assistive technology used by students who require a reading accommodation. Instructional material includes, but is not
limited to, commercially printed materials published or produced primarily for
use by students in postsecondary educational courses. Instructional materials also include materials produced by postsecondary
institutions, as defined by the group, for use in conjunction with a course of
study. The Higher Education Services
Office must report to the committees in the house of representatives and senate
with responsibility for higher education finance by January 15, 2006, on
progress in developing the network and with recommendations on methods to meet
the needs of students for instructional materials in alternative formats.
Sec. 59. [APPLICATION
OF ELIGIBILITY.]
The additional semester or the equivalent of grant
eligibility under sections 20, 23, 53, and 54 applies to any student who
withdrew from enrollment in a postsecondary institution after December 31,
2002, because the student was ordered to active military service as defined in
Minnesota Statutes, section 190.05, subdivision 5b or 5c.
Sec. 60. [REVISOR'S
INSTRUCTION.]
The revisor of statutes shall change the terms
"HESO" and "Higher Education Services Office" to
"Minnesota Office of Higher Education" wherever in Minnesota Statutes
and Minnesota Rules the terms appear.
Sec. 61. [REPEALER.]
(a) Minnesota Statutes 2004, sections 136A.011, and
136A.031, subdivision 1, are repealed.
(b) Minnesota Rules, parts 4815.0100; 4815.0110; 4815.0120;
4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 4830.8110; 4830.8120;
4830.8130; 4830.8140; and 4830.8150, are repealed.
ARTICLE
3
PRIVATE
CAREER SCHOOLS
Section 1. Minnesota
Statutes 2004, section 141.21, is amended by adding a subdivision to read:
Subd. 6a.
[MULTIPLE LOCATION.] "Multiple location" means any site
where classes or administrative services are provided to students and which has
a street address that is different than the street address found on the
school's private career school license.
Sec. 2. Minnesota
Statutes 2004, section 141.25, subdivision 3, is amended to read:
Subd. 3. [APPLICATION.]
Application for a license shall be on forms prepared and furnished by the
office, and shall include the following and other information as the office may
require:
(1) the title or name of the school, ownership and controlling
officers, members, managing employees, and director;
(2) the specific programs which will be offered and the
specific purposes of the instruction;
(3) the place or places where the
instruction will be given;
(4) a listing of the equipment available for instruction in
each program;
(5) the maximum enrollment to be accommodated with equipment
available in each specified program;
(6) the qualifications of instructors and supervisors in each
specified program;
(7) a current balance sheet, income statement, and adequate
supporting documentation, prepared and certified by an independent public
accountant or CPA;
(8) copies of all media advertising and promotional literature
and brochures or electronic display currently used or reasonably expected to be
used by the school;
(9) copies of all Minnesota enrollment agreement forms and
contract forms and all enrollment agreement forms and contract forms used in
Minnesota; and
(10) gross income earned in the preceding year from student
tuition, fees, and other required institutional charges, unless the school
files with the office a surety bond equal to at least $50,000 $250,000
as described in subdivision 5.
Sec. 3. Minnesota
Statutes 2004, section 141.25, subdivision 5, is amended to read:
Subd. 5. [BOND.] (a) No
license shall be issued to any school which maintains, conducts, solicits for,
or advertises within the state of Minnesota any program, unless the applicant
files with the office a continuous corporate surety bond written by a company
authorized to do business in Minnesota conditioned upon the faithful
performance of all contracts and agreements with students made by the
applicant.
(b) The amount of the surety bond shall be ten percent of the
preceding year's gross income from student tuition, fees, and other required
institutional charges, but in no event less than $10,000 nor greater than $50,000
$250,000, except that a school may deposit a greater amount at its own
discretion. A school in each annual
application for licensure must compute the amount of the surety bond and verify
that the amount of the surety bond complies with this subdivision, unless the
school maintains a surety bond equal to at least $50,000 $250,000. A school that operates at two or more
locations may combine gross income from student tuition, fees, and other
required institutional charges for all locations for the purpose of determining
the annual surety bond requirement. The
gross tuition and fees used to determine the amount of the surety bond required
for a school having a license for the sole purpose of recruiting students in
Minnesota shall be only that paid to the school by the students recruited from
Minnesota.
(c) The bond shall run to the state of Minnesota and to any
person who may have a cause of action against the applicant arising at any time
after the bond is filed and before it is canceled for breach of any contract or
agreement made by the applicant with any student. The aggregate liability of the surety for all breaches of the
conditions of the bond shall not exceed the principal sum deposited by the
school under paragraph (b). The surety
of any bond may cancel it upon giving 60 days' notice in writing to the office and
shall be relieved of liability for any breach of condition occurring after the
effective date of cancellation.
(d) In lieu of bond, the applicant may deposit with the
commissioner of finance a sum equal to the amount of the required surety bond
in cash, or securities as may be legally purchased by savings banks or for
trust funds in an aggregate market value equal to the amount of the required
surety bond.
(e) Failure of a school to post and maintain the
required surety bond or deposit under paragraph (d) may result in denial,
suspension, or revocation of the school's license.
Sec. 4. Minnesota
Statutes 2004, section 141.25, subdivision 8, is amended to read:
Subd. 8. [FEES AND
TERMS OF LICENSE.] An application for an initial license under sections 141.21
to 141.35 shall be accompanied by a nonrefundable application fee established
by the office as provided in section 141.255 that is sufficient to
recover, but not exceed, its the administrative costs of the
office.
All licenses shall expire one year from the date issued by the
office, except as provided in section 141.251.
Sec. 5. Minnesota
Statutes 2004, section 141.25, subdivision 9, is amended to read:
Subd. 9. [CATALOG,
BROCHURE, OR ELECTRONIC DISPLAY.] Before a license is issued to a school, the
school shall furnish to the office a catalog, brochure, or electronic display
including:
(1) identifying data, such as volume number and date of
publication;
(2) name and address of the school and its governing body and
officials;
(3) a calendar of the school showing legal holidays, beginning
and ending dates of each course quarter, term, or semester, and other important
dates;
(4) the school policy and regulations on enrollment including
dates and specific entrance requirements for each program;
(5) the school policy and regulations about leave, absences,
class cuts, make-up work, tardiness, and interruptions for unsatisfactory
attendance;
(6) the school policy and regulations about standards of
progress for the student including the grading system of the school, the
minimum grades considered satisfactory, conditions for interruption for
unsatisfactory grades or progress, a description of any probationary period
allowed by the school, and conditions of reentrance for those dismissed for
unsatisfactory progress;
(7) the school policy and regulations about student conduct and
conditions for dismissal for unsatisfactory conduct;
(8) a detailed schedule of fees, charges for tuition, books,
supplies, tools, student activities, laboratory fees, service charges, rentals,
deposits, and all other charges;
(9) the school policy and regulations, including an explanation
of section 141.271, about refunding tuition, fees, and other charges if the
student does not enter the program, withdraws from the program, or the program
is discontinued;
(10) a description of the available facilities and equipment;
(11) a course outline syllabus for each course offered
showing course objectives, subjects or units in the course, type of work or
skill to be learned, and approximate time, hours, or credits to be spent on
each subject or unit;
(12) the school policy and regulations about granting credit
for previous education and preparation;
(13) a procedure for investigating and resolving
student complaints; and
(14) the name and address of the Minnesota Higher Education
Services Office.
A school that is exclusively a distance education school is
exempt from clauses (3) and (5).
Sec. 6. Minnesota
Statutes 2004, section 141.25, subdivision 12, is amended to read:
Subd. 12. [PERMANENT
RECORDS.] A school licensed under this chapter and located in Minnesota shall
maintain a permanent record for each student for 50 years from the last date of
the student's attendance. A school
licensed under this chapter and offering distance instruction to a student
located in Minnesota shall maintain a permanent record for each Minnesota
student for 50 years from the last date of the student's attendance. Records include school transcripts, documents,
and files containing student data about academic credits earned, courses
completed, grades awarded, degrees awarded, and periods of attendance. To preserve permanent records, a school
shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure,
fireproof depository;
(2) an appropriate official must be designated to provide a
student with copies of records or a transcript upon request;
(3) an alternative method, approved by the office, of
complying with clauses (1) and (2) must be established if the school ceases to
exist; and
(4) a continuous surety bond must be filed with the office in
an amount not to exceed $20,000 if the school has no binding agreement for
preserving student records or a trust must be arranged if the school ceases to
exist.
Sec. 7. Minnesota
Statutes 2004, section 141.251, is amended to read:
141.251 [LICENSE RENEWAL.]
Subdivision 1.
[APPLICATION.] Application for renewal of a license must be made at
least 30 60 days before expiration of the current license on a
form provided by the office. A renewal
application shall be accompanied by a nonrefundable fee established by the
office as provided in section 141.255 that is sufficient to recover,
but does not exceed, its the administrative costs of the
office.
Subd. 2. [CONDITIONS.]
The office shall adopt rules establishing the conditions for renewal of a
license. The conditions shall permit
two levels of renewal based on the record of the school. A school that has demonstrated the quality
of its program and operation through longevity and performance in the state may
renew its license based on a relaxed standard of scrutiny. A school that has been in operation in
Minnesota for a limited period of time or that has not performed adequately on
performance indicators shall renew its license based on a strict standard of
scrutiny. The office shall specify
minimum longevity standards and performance indicators that must be met before
a school may be permitted to operate under the relaxed standard of
scrutiny. The performance indicators
used in this determination shall include, but not be limited to: degree granting status, regional or
national accreditation, loan default rates, placement rate of graduates,
student withdrawal rates, audit results, student complaints, and school status
with the United States Department of Education. Schools that meet the requirements established in rule shall be
required to submit a full relicensure report once every four years, and in the
interim years will be exempt from the requirements of section 141.25,
subdivision 3, clauses (4), (5), and (8), and Minnesota Rules, parts 4880.1700,
subpart 6; and 4880.2100, subpart 4.
Sec. 8.
[141.255] [FEES.]
Subdivision 1.
[INITIAL LICENSURE FEE.] The office processing fee for an initial
licensure application is:
(1) $1,500 for a school that will offer no more than one
program during its first year of operation;
(2) $2,000 for a school that will offer two or more nondegree
level programs during its first year of operation; and
(3) $2,500 for a school that will offer two or more degree
level programs during its first year of operation.
Subd. 2.
[RENEWAL LICENSURE FEE; LATE FEE.] (a) The office processing fee for
a renewal licensure application is:
(1) for a category A school, as determined by the office,
the fee is $865 if the school offers one program or $1,150 if the school offers
two or more programs; and
(2) for a category B or C school, as determined by the
office, the fee is $430 if the school offers one program or $575 if the school
offers two or more programs.
(b) If a license renewal application is not received by the
office by the close of business at least 60 days before the expiration of the current
license, a late fee of $100 per business day shall be assessed.
Subd. 3. [DEGREE
LEVEL ADDITION FEE.] The office processing fee for adding a degree level to
an existing program is $2,000 per program.
Subd. 4.
[PROGRAM ADDITION FEE.] The office processing fee for adding a
program that represents a significant departure in the objectives, content, or
method of delivery of programs that are currently offered by the school is $500
per program.
Subd. 5. [VISIT
OR CONSULTING FEE.] If the office determines that a fact-finding visit or
outside consultant is necessary to review or evaluate any new or revised
program, the office shall be reimbursed for the expenses incurred related to
the review as follows:
(1) $300 for the team base fee or for a paper review
conducted by a consultant if the office determines that a fact-finding visit is
not required;
(2) $300 for each day or part thereof on site per team
member; and
(3) the actual cost of customary meals, lodging, and related
travel expenses incurred by team members.
Subd. 6. [MODIFICATION FEE.] The fee for modification of any existing
program is $100 and is due if there is:
(1) an increase or decrease of 25 percent or more, from the
original date of program approval, in clock hours, credit hours, or calendar
length of an existing program;
(2) a change in academic measurement from clock hours to
credit hours or vice versa; or
(3) an addition or alteration of courses that represent a 25
percent change or more in the objectives, content, or methods of delivery.
Subd. 7.
[SOLICITOR PERMIT FEE.] The solicitor permit fee is $350 and must be
paid annually.
Subd. 8.
[MULTIPLE LOCATION FEE.] Schools wishing to operate at multiple
locations must pay:
(1) $250 per location, for two to five locations; and
(2) an additional $50 for each location over five.
Subd. 9.
[STUDENT TRANSCRIPT FEE.] The fee for a student transcript requested
from a closed school whose records are held by the office is $10, with a
maximum of five transcripts per request.
Subd. 10.
[PUBLIC OFFICE DOCUMENTS; COPIES.] The office shall establish rates
for copies of any public office document.
Sec. 9. Minnesota
Statutes 2004, section 141.26, subdivision 5, is amended to read:
Subd. 5. [FEE.] The initial
and renewal application for each permit shall be accompanied by a nonrefundable
fee as established by the office under section 141.255.
Sec. 10. Minnesota
Statutes 2004, section 141.271, is amended by adding a subdivision to read:
Subd. 1b. [SHORT-TERM PROGRAMS.] Licensed schools conducting programs not
exceeding 40 hours in length shall not be required to make a full refund once a
program has commenced and shall be allowed to prorate any refund based on the
actual length of the program as stated in the school catalog or advertisements
and the number of hours attended by the student.
Sec. 11. Minnesota
Statutes 2004, section 141.271, subdivision 4, is amended to read:
Subd. 4. [RESIDENT
SCHOOLS.] When a student has been accepted by a school offering a resident
program and gives written notice of cancellation, or the school has actual
notice of a student's nonattendance after the start of the period of
instruction for which the student has been charged, but before completion of 75
percent of the period of instruction, the amount charged for tuition, fees, and
all other charges shall be prorated based on number of days in the term
as a portion of the total charges for tuition, fees, and all other
charges. An additional 25 percent of
the total cost of the period of instruction may be added, but shall not exceed
$100. After completion of 75 percent of
the period of instruction for which the student has been charged, no refunds
are required.
Sec. 12. Minnesota
Statutes 2004, section 141.271, subdivision 7, is amended to read:
Subd. 7. [EQUIPMENT AND
SUPPLIES.] The fair market retail price, if separately stated in the catalog
and contract or enrollment agreement, of equipment or supplies furnished to the
student, which the student fails to return in condition suitable for resale,
and which may reasonably be resold, within ten business days following
cancellation may be retained by the school and may be deducted from the total
cost for tuition, fees and all other charges when computing refunds.
An overstatement of the fair market retail price of any
equipment or supplies furnished the student shall be considered inconsistent
with this provision.
Sec. 13. Minnesota
Statutes 2004, section 141.271, subdivision 10, is amended to read:
Subd. 10. [CANCELLATION
OCCURRENCE.] Written notice of cancellation shall take place on the date the
letter of cancellation is postmarked or, in the cases where the notice is hand
carried, it shall occur on the date the notice is delivered to the school. If a student has not attended classes for
a period of 21 consecutive days, the student is considered to have withdrawn
from school for all purposes as of the student's last documented date of
attendance.
Sec. 14. Minnesota Statutes 2004, section 141.271, is
amended by adding a subdivision to read:
Subd. 14.
[CLOSED SCHOOL.] In the event a school closes for any reason during a
term and interrupts and terminates classes during that term, all tuition for
the term shall be refunded to the students or the appropriate state or federal
agency or private lender that provided any funding for the term and any
outstanding obligation of the student for the term is canceled.
Sec. 15. Minnesota
Statutes 2004, section 141.28, subdivision 1, is amended to read:
Subdivision 1. [NOT TO
ADVERTISE STATE APPROVAL.] Schools, agents of schools, and solicitors may not
advertise or represent in writing or orally that such school is approved or
accredited by the state of Minnesota, except that any school, agent, or
solicitor may advertise that the school and solicitor have been duly licensed
by the state. using the following language:
"(Name of school) is
licensed as a private career school with the Minnesota Higher Education
Services Office. Licensure is not an endorsement
of the institution. Credits earned at
the institution may not transfer to all other institutions. The educational programs may not meet the
needs of every student or employer."
Sec. 16. Minnesota
Statutes 2004, section 141.28, is amended by adding a subdivision to read:
Subd. 6.
[FINANCIAL AID PAYMENTS.] (a) All schools must collect, assess, and
distribute funds received from loans or other financial aid as provided in this
subdivision.
(b) Student loans or other financial aid funds received from
federal, state, or local governments or administered in accordance with federal
student financial assistance programs under title IV of the Higher Education
Act of 1965, as amended, United States Code, title 20, chapter 28, must be
collected and applied as provided by applicable federal, state, or local law or
regulation.
(c) Student loans or other financial aid assistance received
from a bank, finance or credit card company, or other private lender must be
collected or disbursed as provided in paragraphs (d) and (e).
(d) Loans or other financial aid payments for amounts
greater than $3,000 must be disbursed:
(1) in two equal disbursements, if the term length is more
than four months. The loan or payment
amounts may be disbursed no earlier than the first day the student attends
class with the remainder to be disbursed halfway through the term; or
(2) in three equal disbursements, if the term length is more
than six months. The loan or payment
amounts may be disbursed no earlier than the first day the student attends
class, one-third of the way through the term, and two-thirds of the way through
the term.
(e) Loans or other financial aid payments for amounts less
than $3,000 may be disbursed as a single disbursement on the first day a
student attends class, regardless of term length.
(f) No school may enter into a contract or agreement with,
or receive any money from, a bank, finance or credit card company, or other
private lender, unless the private lender follows the requirements for
disbursements provided in paragraphs (d) and (e).
Sec. 17. Minnesota Statutes 2004, section 141.29,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND
DUTIES.] The office shall have (in addition to the powers and duties now vested
therein by law) the following powers and duties:
(a) To negotiate and enter into interstate
reciprocity agreements with similar agencies in other states, if in the
judgment of the office such agreements are or will be helpful in effectuating
the purposes of Laws 1973, Chapter 714;
(b) To grant conditional school license for periods of less
than one year if in the judgment of the office correctable deficiencies exist
at the time of application and when refusal to issue school license would
adversely affect currently enrolled students;
(c) The office may upon its own motion, and shall upon the
verified complaint in writing of any person setting forth fact which, if
proved, would constitute grounds for refusal or revocation under Laws 1973,
Chapter 714, investigate the actions of any applicant or any person or persons
holding or claiming to hold a license or permit. However, before proceeding to a hearing on the question of
whether a license or permit shall be refused, revoked or suspended for any
cause enumerated in subdivision 1, the office may shall grant a
reasonable time to the holder of or applicant for a license or permit to
correct the situation. If within such
time the situation is corrected and the school is in compliance with the
provisions of this chapter, no further action leading to refusal, revocation,
or suspension shall be taken.
Sec. 18. Minnesota
Statutes 2004, section 141.30, is amended to read:
141.30 [INSPECTION.]
(a) The office or a delegate may inspect the instructional books
and records, classrooms, dormitories, tools, equipment and classes of any
school or applicant for license at any reasonable time. The office may require the submission of a
certified public audit, or if there is no such audit available the office or a delegate
may inspect the financial books and records of the school. In no event shall such financial information
be used by the office to regulate or set the tuition or fees charged by the
school.
(b) Data obtained from an inspection of the financial records
of a school or submitted to the office as part of a license application or
renewal are nonpublic data as defined in section 13.02, subdivision 9. Data obtained from inspections may be
disclosed to other members of the office, to law enforcement officials, or in
connection with a legal or administrative proceeding commenced to enforce a
requirement of law.
Sec. 19. Minnesota
Statutes 2004, section 141.35, is amended to read:
141.35 [EXEMPTIONS.]
Sections 141.21 to 141.35 shall not apply to the following:
(1) public postsecondary institutions;
(2) private postsecondary institutions registered under
sections 136A.61 to 136A.71 that are nonprofit, or that are for profit and
registered under sections 136A.61 to 136A.71 as of December 31, 1998, or are
approved to offer exclusively baccalaureate or postbaccalaureate programs;
(3) schools of nursing accredited by the state Board of Nursing
or an equivalent public board of another state or foreign country;
(4) private schools complying with
the requirements of section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship
program taught by or required by a trade union;
(6) schools exclusively engaged in training physically or
mentally handicapped persons for the state of Minnesota;
(7) schools licensed by boards authorized under Minnesota law
to issue licenses;
(8) schools and educational programs, or training programs,
contracted for by persons, firms, corporations, government agencies, or
associations, for the training of their own employees, for which no fee is
charged the employee;
(9) schools engaged exclusively in the teaching of purely
avocational, recreational, or remedial subjects as determined by the office;
(10) driver training schools and instructors as defined in
section 171.33, subdivisions 1 and 2;
(11) classes, courses, or programs conducted by a bona fide
trade, professional, or fraternal organization, solely for that organization's
membership;
(12) programs in the fine arts provided by organizations exempt
from taxation under section 290.05 and registered with the attorney general
under chapter 309. For the purposes of
this clause, "fine arts" means activities resulting in artistic
creation or artistic performance of works of the imagination which are engaged
in for the primary purpose of creative expression rather than commercial sale
or employment. In making this
determination the office may seek the advice and recommendation of the Minnesota
Board of the Arts;
(13) classes, courses, or programs intended to fulfill the
continuing education requirements for licensure or certification in a
profession, that have been approved by a legislatively or judicially
established board or agency responsible for regulating the practice of the
profession, and that are offered primarily exclusively to an
individual practicing the profession;
(14) classes, courses, or programs intended to prepare students
to sit for undergraduate, graduate, postgraduate, or occupational licensing and
occupational entrance examinations;
(15) classes, courses, or programs providing 16 or fewer clock
hours of instruction that are not part of the curriculum for an occupation or
entry level employment;
(16) classes, courses, or programs providing instruction in
personal development, modeling, or acting;
(17) training or instructional programs, in which one
instructor teaches an individual student, that are not part of the curriculum
for an occupation or are not intended to prepare a person for entry level
employment; and
(18) schools with no physical presence in Minnesota, as
determined by the office, engaged exclusively in offering distance
instruction that are located in and regulated by other states or jurisdictions.
Sec. 20. [REGULATION OF
PRIVATE AND OUT-OF-STATE POSTSECONDARY INSTITUTIONS.]
The Higher Education Services Office must convene a working
group to develop recommendations to revise the regulation under Minnesota
Statutes, sections 136A.61 to 136A.71, and chapter 141, of private and
out-of-state postsecondary institutions that offer instruction in Minnesota or
to Minnesota residents who are not required to leave the
state. Members of the working group are
appointed by the director of the Higher Education Services Office and must include
one or more representatives of the Minnesota Private College Council, the
Minnesota Career College Association, and other interested institutions that
are registered or licensed under state law.
In developing recommendations, the working group must
consider the office's mission to protect both consumers of postsecondary
education and the state's interests.
The recommendations must address the provision of degrees, certificates,
diplomas, and training offered by for-profit and nonprofit institutions in
Minnesota and outside of Minnesota, in classrooms or online, and regulatory
issues under federal law. The
recommendations may include other relevant issues as determined by the working
group.
The office must provide preliminary recommendations to the
committees of the legislature with jurisdiction over higher education policy
and higher education finance by November 15, 2005, and must provide final
recommendations by January 15, 2006.
ARTICLE
4
ROCHESTER
Section 1. [ROCHESTER
HIGHER EDUCATION DEVELOPMENT COMMITTEE.]
Subdivision 1.
[ESTABLISHMENT.] The Rochester Higher Education Development Committee
is established to research and make recommendations to the governor and
legislature on the creation of mission-driven postsecondary educational
programs or institutions in the Rochester area that meet the educational needs
of the region and the state and that capitalize on the unique opportunities for
educational partnerships presented in the Rochester area.
Subd. 2.
[MEMBERSHIP.] The committee is composed of 11 members, to be
appointed by the governor, as follows:
(1) a trustee of the Minnesota State Colleges and
Universities, or the trustee's designee;
(2) a regent of the University of Minnesota, or the regent's
designee;
(3) six persons from the Rochester area representing
business, health and medical sciences, and technology;
(4) the commissioner of finance, as a nonvoting member, or
the commissioner's designee;
(5) one person who by training or experience has special expertise
in postsecondary finance and planning; and
(6) one person who by training or experience has special
expertise in postsecondary academic planning and programming.
Before the first meeting of the committee, the governor
shall select one person from the committee who shall serve as chair.
Subd. 3.
[COMPENSATION AND REMOVAL.] Appointments to the committee are not
subject to Minnesota Statutes, section 15.0597. Members of the committee are not entitled to reimbursement under
Minnesota Statutes, section 15.059, subdivision 6. Members may be removed and vacancies filled pursuant to Minnesota
Statutes, section 15.059, subdivision 4.
The director of the Higher Education Services Office may provide
administrative support to the committee.
Subd. 4. [DUTIES.] (a) The committee shall develop
a proposal for establishment and implementation of expanded higher education
programs or institutions in Rochester.
The committee's report must include recommendations on:
(1) the mission and focus of the programs or institutions;
(2) the nature of undergraduate and graduate programs to be
offered;
(3) site and facility needs;
(4) funding sources and opportunities;
(5) operational needs;
(6) alliances or other types of cooperative arrangements
with public and private institutions;
(7) governance structures; and
(8) mechanisms to ensure that the expanded programs are
aligned with the unique needs and opportunities of the Rochester area and that
programs take advantage of opportunities presented by regional business and
industry.
(b) If the committee recommends any programmatic changes
that result in institutional realignments, the committee must consult with the
representatives of affected employees and address the continuation of collective
bargaining and contractual rights and benefits, including accumulated sick
leave, vacation time, seniority, time to tenure, separation or retirement
benefits, and pension plan coverage.
(c) The committee must consider specifically whether
expansion of the University of Minnesota in Rochester is the most appropriate
method of meeting the region's needs.
(d) The committee may also research and provide
recommendations on sites for the facilities and programs. The committee shall recommend any changes to
Minnesota law required to implement recommendations of the committee.
Subd. 5.
[REPORT.] The committee must issue a report with recommendations to
the governor and the legislature by January 15, 2006.
Subd. 6.
[SUNSET.] The committee expires on December 31, 2007.
Sec. 2. [ROCHESTER
HIGHER EDUCATION DEVELOPMENT ACCOUNT.]
A Rochester higher education development account is created
in the state treasury in the special revenue fund. Money in this account is appropriated to the Higher Education
Services Office for allocation to the committee established in section 1,
subdivision 1, and the implementation activities outlined in article 1, section
2, subdivision 16, paragraph (b). The
office shall serve as fiscal agent for the committee established in section 1.
Sec. 3. [EFFECTIVE
DATE.]
This article is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to higher education;
allocating money for educational and related purposes with certain conditions;
modifying various loan, grant, and financial aid provisions; requiring
institutions to provide certain data; permitting disclosure of certain data to
determine eligibility; amending various reciprocity provisions; providing
definitions; amending provisions related to advisory and student groups;
directing the Board of Trustees to designate centers of excellence; amending
the Minnesota college savings plan; amending provisions related to private
career schools; establishing fees; establishing the Rochester University
Development Committee; appropriating money; amending Minnesota Statutes 2004,
135A.031, subdivisions 3, 4; 135A.052, subdivision 1; 135A.30, subdivisions 3,
4, 5; 135A.52, subdivisions 1, 2; 136A.01, subdivision 2; 136A.031,
subdivisions 2, 3, 4, 5; 136A.08, by adding subdivisions; 136A.121,
subdivisions 2, 6, 9, 13, by adding subdivisions; 136A.125, subdivisions 2, 4;
136A.1701, by adding subdivisions; 136F.04, subdivision 4; 136F.32, subdivision
2; 136G.03, subdivisions 3, 21a, 22, 32; 136G.05, subdivision 8; 136G.09,
subdivisions 11, 12; 136G.11, subdivisions 1, 2, 3, 13; 136G.13, subdivisions
1, 5; 136G.14; 137.0245, subdivisions 1, 3, 4; 141.21, by adding a subdivision;
141.25, subdivisions 3, 5, 8, 9, 12; 141.251; 141.26, subdivision 5; 141.271,
subdivisions 4, 7, 10, by adding subdivisions; 141.28, subdivision 1, by adding
a subdivision; 141.29, subdivision 3; 141.30; 141.35; 192.502, subdivision 1;
299A.45, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes,
chapters 135A; 136A; 136F; 137; 141; 144; 583; repealing Minnesota Statutes
2004, sections 136A.011; 136A.031, subdivision 1; Minnesota Rules, parts
4815.0100; 4815.0110; 4815.0120; 4815.0130; 4815.0140; 4815.0150; 4815.0160;
4830.8100; 4830.8110; 4830.8120; 4830.8130; 4830.8140; 4830.8150."
We request adoption of this report and repassage of the bill.
House Conferees: Bud Nornes, Rob Eastlund, Raymond Cox, Joe
Opatz and Ruth Johnson.
Senate Conferees: Sandra
L. Pappas, Richard J. Cohen, Bob Kierlin and Claire A. Robling.
Nornes moved that the report of the Conference Committee on
H. F. No. 1385 be adopted and that the bill be repassed as
amended by the Conference Committee.
The Speaker called Emmer to the Chair.
Rukavina moved that the House refuse to adopt the Conference
Committee report on H. F. No. 1385, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
CALL
OF THE HOUSE
On the motion of Nornes and on the demand of 10 members, a call
of the House was ordered. The following
members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The Speaker resumed the Chair.
The question recurred on the Rukavina motion and the roll was
called.
Paulsen moved that those not voting be excused from
voting. The motion prevailed.
There were 54 yeas and 78 nays as follows:
Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sieben
Simon
Slawik
Solberg
Thao
Wagenius
Walker
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Lenczewski
Liebling
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail.
The question recurred on the Nornes motion that the report of
the Conference Committee on H. F. No. 1385 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker called Davids to the Chair.
H. F. No. 1385, A bill for an act relating to higher education;
allocating money for educational and related purposes with certain conditions;
modifying various loan, grant, and financial aid provisions; requiring
institutions to provide certain data; permitting disclosure of certain data to
determine eligibility; amending various reciprocity provisions; providing
definitions; directing the Board of Trustees to designate centers of
excellence; amending the Minnesota college savings plan; authorizing transfer
of certain bonding authority; amending provisions related to private career
schools; establishing fees; providing for merger with the Higher Education
Facilities Authority; establishing the Rochester University Development
Committee; appropriating money; amending Minnesota Statutes 2004, sections
13.46, subdivision 2; 135A.031, subdivisions 3, 4; 135A.052, subdivision 1;
135A.30, subdivisions 3, 4, 5; 135A.52, subdivisions 1, 2; 136A.01, subdivision
2; 136A.031, subdivisions 2, 3, 4; 136A.08, by adding subdivisions; 136A.121,
subdivisions 2, 5, 6, 9, by adding a subdivision; 136A.125, subdivision 2;
136A.1701, by adding subdivisions; 136F.04, subdivision 4; 136F.32, subdivision
2; 136G.03, subdivisions 3, 21a, 22, 32; 136G.05, subdivision 8; 136G.09,
subdivisions 11, 12; 136G.11, subdivisions 1, 2, 3, 13; 136G.13, subdivisions
1, 5; 136G.14; 137.0245, subdivisions 1, 2, 4; 141.21, by adding a subdivision;
141.25, subdivisions 3, 5, 8, 9, 12; 141.251; 141.26, subdivision 5; 141.271,
subdivisions 4, 7, 10, by adding subdivisions; 141.28, subdivision 1, by adding
a subdivision; 141.29, subdivision 3; 141.30; 141.35; 192.502, subdivision 1;
299A.45, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes,
chapters 136A; 137; 141; repealing Minnesota Statutes 2004, sections 136A.011;
136A.031, subdivision 1; Minnesota Rules, parts 4815.0100; 4815.0110;
4815.0120; 4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 4830.8110;
4830.8120; 4830.8130; 4830.8140; 4830.8150.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 81 yeas and
52 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Lenczewski
Liebling
Magnus
Mariani
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Opatz
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Peterson, S.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Lillie
Loeffler
Mahoney
Moe
Mullery
Murphy
Nelson, M.
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Poppe
Rukavina
Sailer
Scalze
Sieben
Simon
Slawik
Solberg
Thao
Wagenius
Walker
The bill was repassed, as amended by Conference, and its title
agreed to.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 1507:
Abeler, Dean and Huntley.
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 1555:
Powell, Tingelstad and Huntley.
CALL
OF THE HOUSE LIFTED
Brod moved that the call of the House be suspended. The motion prevailed and it was so ordered.
There being no objection, the order of business reverted to
Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Knoblach from the Committee on Ways and Means to which was
referred:
H. F. No. 2263, A bill for an act relating to state government;
updating Finance Department provisions; amending Minnesota Statutes 2004,
sections 16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522,
subdivision 1; repealing Minnesota Statutes 2004, section 16A.30.
Reported the same back with the following amendments:
Page 2, line 6, delete "November"
Page 2, line 19, after "percent" insert "without
exceeding the amount available and with any remaining funds deposited in the
budget reserve"
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Rules and Legislative Administration.
The report was adopted.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned:
H. F. No. 419, A bill for an act relating to game and fish;
modifying protection status of great horned owls; amending Minnesota Statutes
2004, sections 97A.015, subdivision 52; 97B.701, by adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 1915, A bill for an act relating to health; providing
an exception to the hospital construction moratorium; amending Minnesota
Statutes 2004, section 144.551, subdivision 1.
Patrick E. Flahaven, Secretary of the Senate
Zellers moved that the House refuse to concur in the Senate
amendments to H. F. No. 1915, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 1604, 953 and 232.
Patrick E. Flahaven, Secretary of the Senate
FIRST
READING OF SENATE BILLS
S. F. No. 1604, A resolution memorializing the President and
Congress to support Amtrak funding.
The bill was read for the first time.
Beard moved that S. F. No. 1604 and H. F. No. 1730, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 953, A bill for an act relating to local government;
increasing and indexing the compensation limit for local government employees;
amending Minnesota Statutes 2004, section 43A.17, subdivision 9; repealing
Minnesota Statutes 2004, section 356.611, subdivision 1.
The bill was read for the first time.
Erhardt moved that S. F. No. 953 and H. F. No. 995, now on the
Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 232, A bill for an act relating to education;
permitting secondary students to carry and use nonprescription pain relief;
proposing coding for new law in Minnesota Statutes, chapter 121A.
The bill was read for the first time.
Klinzing moved that S. F. No. 232 and H. F. No. 615, now on the
Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
REPORT
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Friday, May 20, 2005:
S. F. No. 370; and
H. F. Nos. 1298 and 1845.
CALENDAR FOR THE DAY
S. F. No. 1908, A bill for an act relating to natural
resources; establishing the Shooting Range Protection Act; requiring expedited
rulemaking; proposing coding for new law as Minnesota Statutes, chapter 87A.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the
passage of the bill and the roll was called.
There were 113 yeas and 20 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lesch
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Clark
Davnie
Ellison
Entenza
Greiling
Hausman
Hornstein
Kahn
Kelliher
Lenczewski
Liebling
Loeffler
Mariani
Paymar
Ruud
Sieben
Thao
Thissen
Wagenius
Walker
The bill was passed and its title agreed to.
S. F. No. 1579 was reported to the House.
Olson moved to amend S. F. No. 1579 as follows:
Page 1, line 37, delete the new language
Page 2, line 7, delete "and any subsequent"
Page 2, line 8, delete the new language
Page 5, line 6, delete "as amended,"
Page 5, line 7, delete the new language
Page 6, line 10, after the first comma, delete the new language
Page 6, line 24, delete everything after "1320d-8"
Page 6, line 25, delete
everything before the period
Page 7, line 4, delete the new language
Page 8, line 11, delete "as"
Page 8, line 12, delete the new language
Page 8, line 26, delete everything after "1320d-8"
Page 8, line 27, delete everything before the period
A roll call was requested and properly seconded.
The question was taken on the Olson amendment and the roll was
called. There were 19 yeas and 114 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Buesgens
Davnie
Eastlund
Ellison
Emmer
Erickson
Gazelka
Holberg
Hortman
Jaros
Klinzing
Olson
Ozment
Rukavina
Soderstrom
Thissen
Vandeveer
Westrom
Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Entenza
Erhardt
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
Olson moved to amend S. F. No.
1579 as follows:
Page 6, line 18, strike the existing language
Page 6, line 19, strike everything before the period
Page 8, line 19, strike "; and"
Page 8, strike line 20
Page 8, line 21, strike "functions"
Page 8, after line 30, insert:
"Sec. 8. Minnesota
Statutes 2004, section 62J.54, subdivision 3, is amended to read:
Subd. 3. [UNIQUE
IDENTIFICATION NUMBER FOR GROUP PURCHASERS.] (a) Not later than 24 months after
the date on which a unique health identifier for employers and health plans is
adopted or established under United States Code, title 42, sections 1320d to
1320d-8 (1996 and subsequent amendments), all group purchasers and health care
providers in Minnesota shall use a unique identification number to identify
group purchasers, except as provided in paragraph (b).
(b) Small health plans, as defined by the federal Secretary of
Health and Human Services under United States Code, title 42, section 1320d-4
(1996 and subsequent amendments), shall use a unique identification number to
identify group purchasers no later than 36 months after the date on which a
unique health identifier for employers and health plans is adopted or
established under United States Code, title 42, sections 1320d to 1320d-8 (1996
and subsequent amendments).
(c) The unique health identifier for health plans and employers
adopted or established by the federal Secretary of Health and Human Services
under United States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments), shall be used as the unique identification number for
group purchasers.
(d) Group purchasers shall obtain a unique health identifier
from the federal Secretary of Health and Human Services using the process
prescribed by the Secretary.
(e) The unique group purchaser identifier, as described in this
section, shall be used for purposes of submitting and receiving claims, and
in conjunction with other data collection and reporting functions.
(f) The commissioner of health may contract with the federal
Secretary of Health and Human Services or the Secretary's agent to implement
this subdivision.
Sec. 9. Minnesota
Statutes 2004, section 62J.54, subdivision 4, is amended to read:
Subd. 4. [UNIQUE
PATIENT IDENTIFICATION NUMBER.] (a) Not later than 24 months after the date on
which a unique health identifier for individuals is adopted or established
under United States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments), all group purchasers and health care providers in
Minnesota shall use a unique identification number to identify each patient who
receives health care services in Minnesota, except as provided in paragraph
(b).
(b) Small health plans, as defined by the federal
Secretary of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use a unique
identification number to identify each patient who receives health care
services in Minnesota no later than 36 months after the date on which a unique
health identifier for individuals is adopted or established under United States
Code, title 42, sections 1320d to 1320d-8 (1996 and subsequent amendments).
(c) The unique health identifier for individuals adopted or
established by the federal Secretary of Health and Human Services under United
States Code, title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), shall be used as the unique patient identification number, except
as provided in paragraphs (e) and (f).
(d) The unique patient identification number shall be used by
group purchasers and health care providers for purposes of submitting and
receiving claims, and in conjunction with other data collection and
reporting functions.
(e) Within the limits of available appropriations, the
commissioner shall develop a proposal for an alternate numbering system for
patients who do not have or refuse to provide their Social Security numbers,
if:
(1) a unique health identifier for individuals is adopted or
established under United States Code, title 42, sections 1320d to 1320d-8 (1996
and subsequent amendments);
(2) the unique health identifier is the Social Security number
of the patient;
(3) there is no federal alternate numbering system for patients
who do not have or refuse to provide their Social Security numbers; and
(4) federal law or the federal Secretary of Health and Human
Services explicitly allows a state to develop an alternate numbering system for
patients who do not have or refuse to provide their Social Security numbers.
(f) If an alternate numbering system is developed under
paragraph (e), patients who use numbers issued by the alternate numbering
system are not required to provide their Social Security numbers and group
purchasers or providers may not demand the Social Security numbers of patients
who provide numbers issued by the alternate numbering system. If an alternate numbering system is
developed under paragraph (e), group purchasers and health care providers shall
establish procedures to notify patients that they can elect not to have their
Social Security number used as the unique patient identifier.
(g) The commissioner of
health may contract with the federal Secretary of Health and Human Services or
the Secretary's agent to implement this subdivision."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Olson amendment and the roll was
called. There were 21 yeas and 112 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Buesgens
Cox
Eastlund
Ellison
Emmer
Erickson
Gazelka
Heidgerken
Holberg
Jaros
Klinzing
Nelson, P.
Olson
Ozment
Rukavina
Soderstrom
Vandeveer
Walker
Westerberg
Zellers
Those who voted in the negative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Entenza
Erhardt
Finstad
Fritz
Garofalo
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Opatz
Otremba
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westrom
Wilkin
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
S. F. No. 1579, A bill for an act relating to health; modifying
the Health Care Administrative Simplification Act of 1994; modifying
requirements of federal Drug Enforcement Administration registration numbers;
modifying provisions for wells, borings, and underground uses; modifying
requirements for filing and issuing death records; modifying provisions for
disposition of dead bodies; eliminating authority to designate certain morticians;
amending Minnesota Statutes 2004, sections 62J.51, subdivisions 17, 18; 62J.52,
subdivisions 1, 2, 5; 62J.54, subdivisions 1, 2; 62J.581, subdivision 5;
103I.005, subdivisions 4a, 6, 7, 10, 12, by adding subdivisions; 103I.101,
subdivisions 2, 5; 103I.105; 103I.111, subdivisions 1, 3; 103I.115; 103I.205,
subdivisions 4, 9; 103I.208, subdivisions 1, 2; 103I.231; 103I.325, subdivision
2; 103I.345, subdivision 2; 103I.401; 103I.501; 103I.505; 103I.525,
subdivisions 1, 2, 4, 5, 8, by adding a subdivision; 103I.531, subdivisions 1,
2, 4, 5, 8, by adding a subdivision; 103I.535, subdivisions 1, 2, 4, 5, 7, 8,
9, by adding a subdivision; 103I.541; 103I.545, subdivision 2; 103I.601,
subdivisions 4, 9; 144.221, subdivision 1; 144.225, subdivision 7; 149A.93, subdivisions
1, 2, 3, 4, 5; 149A.94, subdivision 3; 149A.96, subdivisions 1, 4, 7; Laws
1998, chapter 316, section 4; repealing Minnesota Statutes 2004, sections
103I.005, subdivision 13; 103I.222; 144.214, subdivision 4.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 132 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Olson
The bill was passed and its title agreed to.
S. F. No. 664 was reported to the House.
The Speaker resumed the Chair.
Hoppe moved that S. F. No. 664 be temporarily
laid over on the Calendar for the Day.
The motion prevailed.
Paulsen moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by Speaker pro
tempore Paulsen.
CALENDAR FOR THE DAY, Continued
S. F. No. 664, which was temporarily laid over
earlier today on the Calendar for the Day, was again reported to the House.
Hoppe moved to amend S. F. No. 664 as follows:
Page 7, line 2, delete "or"
Page 7, lines 3, 4, and 6, reinstate the stricken language
Westerberg moved to amend the Hoppe amendment to S. F. No. 664
as follows:
Page 1, after line 2, insert:
"Pages 6 to 8, delete section 4"
The motion did not prevail and the amendment to the amendment
was not adopted.
The question recurred on the Hoppe amendment to
S. F. No. 664. The
motion prevailed and the amendment was adopted.
Hoppe moved to amend S. F. No. 664, as amended, as follows:
Page 6, after line 21, insert:
"Sec. 4. Minnesota
Statutes 2004, section 340A.412, subdivision 14, is amended to read:
Subd. 14. [EXCLUSIVE
LIQUOR STORES.] (a) Except as otherwise provided in this subdivision, an
exclusive liquor store may sell only the following items:
(1) alcoholic beverages;
(2) tobacco products;
(3) ice;
(4) beverages, either liquid or powder, specifically
designated for mixing with intoxicating liquor;
(5) soft drinks;
(6) liqueur-filled candies;
(7) food products that contain more than one-half of one
percent alcohol by volume;
(8) cork extraction devices;
(9) books and videos on the use of alcoholic beverages;
(10) magazines and other
publications published primarily for information and education on alcoholic
beverages; and
(11) home brewing equipment.
(b) An exclusive liquor store that has an on-sale, or
combination on-sale and off-sale license may sell food for on-premise
consumption when authorized by the municipality issuing the license.
(c) An exclusive liquor store may offer live or recorded
entertainment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 664, A bill for an act relating to alcoholic
beverages; modifying brewpub regulations; regulating wine tastings; providing
for uniform off-sale hours statewide; regulating Sunday on-sales; authorizing
certain on-sale licenses; amending Minnesota Statutes 2004, sections 340A.301,
subdivisions 6, 7; 340A.404, subdivision 2; 340A.417; 340A.418; 340A.503, by
adding a subdivision; 340A.504, subdivisions 1, 3, 4; Laws 2000, chapter 440,
section 10; Laws 2003, chapter 126, section 28.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 127 yeas and 6
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Bernardy
Eastlund
Holberg
Hornstein
Knoblach
Olson
The bill was passed, as amended, and its title agreed to.
The Speaker resumed the Chair.
S. F. No. 877, A bill for an act relating to state government;
establishing a Minnesota Humanities Commission; proposing coding for new law in
Minnesota Statutes, chapter 138.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the
passage of the bill and the roll was called.
There were 126 yeas and 6 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Buesgens
Knoblach
Krinkie
Olson
Peppin
Vandeveer
The bill was passed and its title agreed to.
H. F. No. 1528 was reported to the House.
Gazelka, Davids and Westerberg moved to amend H. F. No. 1528,
the first engrossment, as follows:
Page 4, line 6, after the period insert "Consumer
benefits included within preferred vendor programs must not be considered an
incentive or inducement."
Page 6, delete section 2
The motion prevailed and the amendment was adopted.
H. F. No. 1528, A bill for an act relating to insurance;
regulating claims practices; amending Minnesota Statutes 2004, section 72A.201,
subdivision 6.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the
passage of the bill and the roll was called.
There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
S. F. No. 1636 was reported to the House.
Hamilton moved to amend S. F. No. 1636 as
follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1824, the second engrossment:
"Section 1.
Minnesota Statutes 2004, section 47.10, subdivision 1, is amended to
read:
Subdivision 1.
[AUTHORITY, APPROVAL, LIMITATIONS.] (a) Except as otherwise specially
provided, the net book value of land and buildings for the transaction of the
business of the corporation, including parking lots and premises leased to
others, shall not be more than as follows:
(1) for a bank, trust company, savings bank, or stock savings
association, if investment is for acquisition and improvements to establish a
new bank banking office, or is for improvements to existing
property or acquisition and improvements to adjacent property, approval by the
commissioner of commerce is not required if the total investment does not
exceed 50 percent of its existing capital stock and paid-in surplus. Upon written prior approval of the
commissioner of commerce, a bank, trust company, savings bank, or stock savings
association may invest in the property and improvements in clause (1) or for
acquisition of nonadjacent property for expansion or future use, if the
aggregate of all such investments does not exceed 100 percent of its existing
capital stock and paid-in surplus;
(2) for a mutual savings
association, five percent of its net assets.
(b) For purposes of this subdivision, an intervening highway,
street, road, alley, other public thoroughfare, or easement of any kind does
not cause two parcels of real property to be nonadjacent.
Sec. 2. Minnesota
Statutes 2004, section 47.75, is amended to read:
47.75 [LIMITED TRUSTEESHIP.]
Subdivision 1.
[RETIREMENT, HEALTH SAVINGS, AND MEDICAL SAVINGS ACCOUNTS.] (a)
A commercial bank, savings bank, savings association, credit union, or
industrial loan and thrift company may act as trustee or custodian:
(1) under the Federal Self-Employed Individual Tax
Retirement Act of 1962, as amended,;
(2) of a medical savings account under the Federal
Health Insurance Portability and Accountability Act of 1996, as amended,;
(3) of a health savings account under the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, as amended;
and also
(4) under the Federal Employee Retirement Income
Security Act of 1974, as amended.
(b) The trustee or custodian may accept the trust funds
if the funds are invested only in savings accounts or time deposits in the
commercial bank, savings bank, savings association, credit union, or industrial
loan and thrift company. All funds held
in the fiduciary capacity may be commingled by the financial institution in the
conduct of its business, but individual records shall be maintained by the
fiduciary for each participant and shall show in detail all transactions
engaged under authority of this subdivision.
Sec. 3. Minnesota
Statutes 2004, section 48.10, is amended to read:
48.10 [ANNUAL AUDIT; REPORT.]
The board of directors of a bank, bank and trust, or trust
company shall annually examine its books, either in person, or by appointing an
examining committee, or an auditor, who may be an independent auditor or
accountant. The examining committee or
auditor shall be solely responsible to the directors. A report shall be made to the directors as to the scope of the
examination or audit, and also to show those assets, excluding marketable
securities and fixed assets, which are carried on the books for more than
actual value. This report shall be
retained as a permanent record or incorporated in the minutes of the meeting,
and a copy of the report shall be sent to the commissioner of commerce.
Sec. 4. Minnesota
Statutes 2004, section 48.15, subdivision 4, is amended to read:
Subd. 4. [RETIREMENT,
HEALTH SAVINGS, AND MEDICAL SAVINGS ACCOUNTS.] (a) A state bank may
act as trustee or custodian:
(1) of a self-employed retirement plan under the Federal
Self-Employed Individual Tax Retirement Act of 1962, as amended,;
(2) of a medical savings account under the Federal
Health Insurance Portability and Accountability Act of 1996, as amended,;
(3) of a health savings
account under the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003, as amended; and
(4) of an individual retirement account under the
Federal Employee Retirement Income Security Act of 1974, as amended, if the
bank's duties as trustee or custodian are essentially ministerial or custodial
in nature and the funds are invested only (1) (i) in the bank's
own savings or time deposits; or (2) (ii) in any other assets at
the direction of the customer if the bank does not exercise any investment
discretion, invest the funds in collective investment funds administered by it,
or provide any investment advice with respect to those account assets.
(b) Affiliated discount brokers may be utilized by the
bank acting as trustee or custodian for self-directed IRAs, if specifically
authorized and directed in appropriate documents. The relationship between the affiliated broker and the bank must
be fully disclosed. Brokerage commissions
to be charged to the IRA by the affiliated broker should be accurately
disclosed. Provisions should be made
for disclosure of any changes in commission rates prior to their becoming
effective. The affiliated broker may
not provide investment advice to the customer.
(c) All funds held in the fiduciary capacity may be
commingled by the financial institution in the conduct of its business, but
individual records shall be maintained by the fiduciary for each participant
and shall show in detail all transactions engaged under authority of this
subdivision.
(d) The authority granted by this section is in addition
to, and not limited by, section 47.75.
Sec. 5. Minnesota
Statutes 2004, section 48.512, is amended by adding a subdivision to read:
Subd. 10.
[FEDERAL LAW COMPLIANCE.] In lieu of the identification rules in
subdivision 2, a financial intermediary may choose to comply with the federal
customer identification standards set forth in United States Code, title 31,
section 5318, and its implementing regulation, Code of Federal Regulations,
title 31, section 103.121, as amended from time to time.
Sec. 6. Minnesota
Statutes 2004, section 52.062, subdivision 2, is amended to read:
Subd. 2. [SUSPENSION.]
The commissioner of commerce may suspend the operation of the credit union by
giving notice to its board of directors by certified mail with a copy to the
advisory council. Said notice shall
include a list of reasons for said suspension and a list of any specific
violations of law, bylaw, or rule, and shall specify which operations of the
credit union may be continued during the period of suspension. The notice shall also fix a time and place
for a hearing before the commissioner of commerce or such person or persons as
the commissioner of commerce may designate.
The hearing shall be held within 60 days of the notice of suspension,
and the advisory council shall sit at such hearing for the purpose of providing
advice and counsel to the commissioner of commerce or a representative. Evidence may be produced at said hearing by
any party thereto, and the commissioner of commerce shall base the decision as
to the continued suspension of operation of the credit union upon said
evidence. If the commissioner of
commerce decides to continue the suspension, the commissioner shall give notice
of the decision to the board of directors of the credit union.
Sec. 7. Minnesota
Statutes 2004, section 55.10, subdivision 4, is amended to read:
Subd. 4. [WILL
SEARCHES, BURIAL DOCUMENTS PROCUREMENT, AND INVENTORY OF CONTENTS.] (a) Upon
being furnished with satisfactory proof of death of a sole lessee or the last
surviving co-lessee of a safe deposit box, an employee of the safe deposit
company shall open the box and examine the contents in the presence of an
individual who appears in person and furnishes an affidavit stating that the
individual believes:
(1) the box may contain the will or deed to a burial lot or a
document containing instructions for the burial of the lessee or that the box may
contain property belonging to the estate of the lessee; and
(2) the individual is an interested person as defined
in this section and wishes to open the box for any one or more of the following
purposes:
(i) to conduct a will search;
(ii) to obtain a document required to facilitate the lessee's
wishes regarding body, funeral, or burial arrangements; or
(iii) to obtain an inventory of the contents of the box.
(b) The safe deposit company may not open the box under this
section if it has received a copy of letters of office of the representative of
the deceased lessee's estate or other applicable court order.
(c) The safe deposit company need not open the box if:
(1) the box has previously been opened under this section for
the same purpose;
(2) the safe deposit company has received notice of a written
or oral objection from any person or has reason to believe that there would be
an objection; or
(3) the lessee's key or combination is not available.
(d) For purposes of this section, the term "interested
person" means any of the following:
(1) a person named as personal representative in a purported
will of the lessee;
(2) a person who immediately prior to the death of the lessee
had the right of access to the box as a deputy;
(3) the surviving spouse of the lessee;
(4) a devisee of the lessee;
(5) an heir of the lessee;
(6) a person designated by the lessee in a writing acceptable
to the safe deposit company which is filed with the safe deposit company before
death; or
(7) a state or county agency with a claim authorized by section
256B.15.
(e) For purposes of this section, the term "will"
includes a will or a codicil.
(f) If the box is opened for the purpose of conducting a will
search, the safe deposit company shall remove any document that appears to be a
will and make a true and correct machine copy thereof, replace the copy in the
box, and then deliver the original thereof to the clerk of court for the county
in which the lessee resided immediately before the lessee's death, if known to
the safe deposit company, otherwise to the clerk of the court for the county in
which the safe deposit box is located.
The will must be personally delivered or sent by registered mail. If the interested person so requests, any
deed to burial lot or document containing instructions for the burial of the
lessee may be copied by the safe deposit box company and the copy or copies
thereof delivered to the interested person.
(g) If the box is opened for the purpose of obtaining
a document required to facilitate the lessee's wishes regarding the body,
funeral, or burial arrangements, any such document may be removed from the box
and delivered to the interested person with a true and correct machine copy
retained in the box. If the safe
deposit box company discovers a document that appears to be a will, the safe
deposit company shall act in accordance with paragraph (f).
(h) If the box is opened for the purpose of obtaining an
inventory of the contents of the box, the employee of the safe deposit company
shall make, or cause to be made, an inventory of the contents of the box, to
which the employee and the interested person shall attest under penalty of
perjury to be correct and complete.
Within ten days of opening the box pursuant to this subdivision, the
safe deposit company shall deliver the original inventory of the contents to
the court administrator for the county in which the lessee resided immediately
before the lessee's death, if known to the safe deposit company, otherwise to
the court administrator for the county in which the safe deposit box is
located. The inventory must be
personally delivered or sent by registered mail. If the interested person so requests, the safe deposit company
shall make a true and correct copy of any document in the box, and of the
completed inventory form, and deliver that copy to the interested
person. If the contents of the box
include a document that appears to be a will, the safe deposit company shall
act in accordance with paragraph (f).
(i) If a box opened for the purpose of conducting an
inventory, will search, or burial document search is completely empty, the safe
deposit company need not follow the procedures above. Instead, the employee of the safe deposit company can complete an
inventory of the box contents indicating the fact that the box contained
nothing. The form must be signed by the
employee and the interested person. If
the interested person so requests, the safe deposit company may provide a copy
of the completed inventory form to the interested person. The interested person shall then complete
the documentation needed by the safe deposit company to surrender the empty
box. If another interested person
inquires about the box after it has been surrendered, the safe deposit company
may state that the deceased renter had previously rented the box and that the
box was surrendered because it was empty.
(j) The safe deposit company need not ascertain the
truth of any statement in the affidavit required to be furnished under this
subdivision and when acting in reliance upon an affidavit, it is discharged as
if it dealt with the personal representative of the lessee. The safe deposit company is not responsible
for the adequacy of the description of any property included in an inventory of
the contents of a safe deposit box, nor for conversion of the property in
connection with actions performed under this subdivision, except for conversion
by intentional acts of the company or its employees, directors, officers, or agents. If the safe deposit company is not satisfied
that the requirements of this subdivision have been met, it may decline to open
the box.
(j) (k) No contents of a box other than a will
and a document required to facilitate the lessee's wishes regarding body,
funeral, or burial arrangements may be removed pursuant to this
subdivision. The entire contents of the
box, however, may be removed pursuant to section 524.3-1201.
Sec. 8. [58.125]
[PROHIBITION ON SERVICE AS A RESIDENTIAL MORTGAGE ORIGINATOR.]
Subdivision 1.
[DEFINITIONS.] (a) "Dishonesty" means directly or
indirectly to cheat or defraud; to cheat or defraud for monetary gain or its
equivalent; or to wrongfully take property belonging to another in violation of
any criminal statute. Dishonesty
includes acts involving want of integrity, lack of probity, or a disposition to
distort, cheat, or act deceitfully or fraudulently, and may include crimes
which federal, state, or local laws define as dishonest.
(b) "Breach of trust" means a wrongful act, use,
misappropriation, or omission with respect to any property or fund which has
been committed to a person in a fiduciary or official capacity, or the misuse
of one's official or fiduciary position to engage in a wrongful act, use,
misappropriation, or omission.
Subd. 2.
[GENERALLY.] Except with the prior written consent of the
commissioner under subdivision 4, any individual, who has been convicted of a
criminal offense involving dishonesty or a breach of trust or money laundering,
or has agreed to or entered into a pretrial diversion or similar program in
connection with a prosecution for such offense, may not serve as a residential
mortgage originator or be employed in that capacity by a person licensed as a
mortgage originator.
Subd. 3. [DE
MINIMIS OFFENSES.] Approval is automatically granted and an application will
not be required if the covered offense is considered de minimis because it
meets all of the following criteria:
(1) there is only one conviction or program entry of record
for a covered offense;
(2) the offense was punishable by imprisonment for a term of
less than one year and/or a fine of less than $1,000, and the individual did
not serve time in jail;
(3) the conviction or program was entered at least five
years before the date an application would otherwise be required; and
(4) the offense did not involve a financial institution or
residential mortgage loans.
Subd. 4. [PRIOR
CONSENT.] (a) An application for prior consent of the commissioner under
this section must be in writing, under oath, and on a form obtained from and
prescribed by the commissioner. The
following factors must be considered by the commissioner when reviewing an
application:
(1) the specific nature of the offense and the circumstances
surrounding the offense;
(2) evidence of rehabilitation since the offense;
(3) the age of the person at the time of conviction; and
(4) whether or not restitution has been made.
(b) The receipt by an individual of prior consent of the
commissioner under this section must not be construed as imposing upon an
employer an affirmative obligation to employ that individual in any
capacity. Nothing in this section
precludes an employer from denying employment based upon the existence of a
criminal offense specified in subdivision 2 or for any other lawful reason.
Sec. 9. Minnesota
Statutes 2004, section 58.16, subdivision 4, is amended to read:
Subd. 4. [TRUST
ACCOUNT.] The residential mortgage originator shall deposit in a trust account
within three business days all fees received before the time a loan is actually
funded. The trust account must be in a
financial institution located within the state of Minnesota, and,
with respect to advance fees, the account must be controlled by an unaffiliated
accountant, attorney, or bank officer or employee.
Sec. 10. Minnesota
Statutes 2004, section 60A.13, subdivision 5, is amended to read:
Subd. 5. [RENEWAL
LICENSE BASED ON APPROVED STATEMENT.] Upon the approval of the
statement the commissioner shall issue a renewal license for the succeeding
year beginning June first. Any license
to a company or its agent, issued after the approval of the statement, shall
expire May 31 of the year following.
The license issued by the commissioner is perpetual and is considered
renewed annually on June 1 upon payment of the renewal license fee, the annual
filing fee, and all other fees required by section 60A.14.
Sec. 11.
Minnesota Statutes 2004, section 64B.30, is amended by adding a
subdivision to read:
Subd. 3.
[VOLUNTARY DISSOLUTION.] Upon application to the commissioner, a
domestic society may request that it be dissolved and that its existence be
terminated. Such application shall
demonstrate that the applicant has satisfied its members' policy obligations or
that it has transferred such obligations to another society, domestic or
foreign, by means of assumption or bulk reinsurance or otherwise, that the
applicant's supreme governing body has approved such termination and
dissolution and that the application includes such other information that the
commissioner requires. Any limitation
in section 64B.13 related to reinsurance by a domestic society with another
society shall not apply to reinsurance entered into in conjunction with the
transfer of member policy obligations as a part of a voluntary
dissolution. Upon the approval of the
application by the commissioner, the society shall be deemed dissolved and its
existence terminated upon the date set forth in the application.
Sec. 12. Minnesota Statutes
2004, section 82.17, subdivision 10, is amended to read:
Subd. 10. [LOAN
BROKER.] "Loan broker" means a licensed real estate broker or
salesperson who, for another and for a commission, fee, or other valuable
consideration an advance fee or with the intention or expectation of
receiving the same, directly or indirectly, negotiates or offers or attempts to
negotiate a loan secured or to be secured by a mortgage or other encumbrance on
real estate, or represents himself or herself or otherwise holds himself or
herself out as a licensed real estate broker or salesperson, either in
connection with any transaction in which he or she directly or indirectly
negotiates or offers or attempts to negotiate a loan, or in connection with the
conduct of his or her ordinary business activities as a loan broker.
"Loan broker" does not include a licensed real estate
broker or salesperson who, in the course of representing a purchaser or seller
of real estate, incidentally assists the purchaser or seller in obtaining
financing for the real property in question if the licensee does not receive a
separate commission, fee, or other valuable consideration for this service.
For the purposes of this subdivision, an "advance
fee" means a commission, fee, charge, or compensation of any kind paid
before the closing of a loan, that is intended in whole or in part as payment
for finding or attempting to find a loan for a borrower. Advance fee does not include pass-through
fees or commitment or extended lock fees or other fees as determined by the
commissioner.
Sec. 13. Minnesota
Statutes 2004, section 82.17, subdivision 18, is amended to read:
Subd. 18. [REAL ESTATE
BROKER; BROKER.] "Real estate broker" or "broker" means any
person who:
(a) for another and for commission, fee, or other valuable
consideration or with the intention or expectation of receiving the same
directly or indirectly lists, sells, exchanges, buys or rents, manages, or
offers or attempts to negotiate a sale, option, exchange, purchase or rental of
an interest or estate in real estate, or advertises or holds out as engaged in
these activities;
(b) for another and for commission, fee, or other valuable
consideration or with the intention or expectation of receiving the same
directly or indirectly negotiates or offers or attempts to negotiate a loan,
secured or to be secured by a mortgage or other encumbrance on real estate,
which is not a residential mortgage loan as defined by section 58.02,
subdivision 18;
(c) "real estate broker" or "broker" as set
forth in clause (b) shall not apply to the originating, making, processing,
selling, or servicing of a loan in connection with the broker's ordinary
business activities by of a mortgagee, lender, or servicer
approved or certified by the secretary of Housing and Urban Development, or
approved or certified by the administrator of Veterans Affairs, or approved or
certified by the administrator of the Farmers Home Administration, or approved or
certified as a multifamily seller/servicer by the Federal Home Loan
Mortgage Corporation, or as a multifamily partner approved or
certified by the Federal National Mortgage Association;
(d) for another and for commission, fee, or other
valuable consideration or with the intention or expectation of receiving the
same directly or indirectly lists, sells, exchanges, buys, rents, manages,
offers or attempts to negotiate a sale, option, exchange, purchase or rental of
any business opportunity or business, or its good will, inventory, or fixtures,
or any interest therein;
(e) for another and for commission, fee, or other valuable
consideration or with the intention or expectation of receiving the same
directly or indirectly offers, sells or attempts to negotiate the sale of
property that is subject to the registration requirements of chapter 83,
concerning subdivided land;
(f) for another and for commission, fee, or other valuable
consideration or with the intention or expectation of receiving the same,
promotes the sale of real estate by advertising it in a publication issued
primarily for this purpose, if the person:
(1) negotiates on behalf of any party to a transaction;
(2) disseminates any information regarding the property to any
party or potential party to a transaction subsequent to the publication of the
advertisement, except that in response to an initial inquiry from a potential
purchaser, the person may forward additional written information regarding the
property which has been prepared prior to the publication by the seller or
broker or a representative of either;
(3) counsels, advises, or offers suggestions to the seller or a
representative of the seller with regard to the marketing, offer, sale, or
lease of the real estate, whether prior to or subsequent to the publication of
the advertisement;
(4) counsels, advises, or offers suggestions to a potential
buyer or a representative of the seller with regard to the purchase or rental
of any advertised real estate; or
(5) engages in any other activity otherwise subject to
licensure under this chapter;
(g) engages wholly or in part in the business of selling real
estate to the extent that a pattern of real estate sales is established,
whether or not the real estate is owned by the person. A person shall be presumed to be engaged in
the business of selling real estate if the person engages as principal in five
or more transactions during any 12-month period, unless the person is
represented by a licensed real estate broker or salesperson.
Sec. 14. Minnesota
Statutes 2004, section 82.36, subdivision 4, is amended to read:
Subd. 4. [ESCROW
ACCOUNT.] The loan broker shall deposit in an escrow account within 48 hours
all fees received prior to the time a loan is actually funded. The escrow account shall be in a bank
located within the state of Minnesota and shall be controlled by an
unaffiliated accountant, lawyer, or bank officer or employee.
Sec. 15. Minnesota
Statutes 2004, section 82.41, subdivision 13, is amended to read:
Subd. 13. [FRAUDULENT,
DECEPTIVE, AND DISHONEST PRACTICES.] (a) [PROHIBITIONS.] For the purposes of
section 82.40 82.35, subdivision 1, clause (b), the following
acts and practices constitute fraudulent, deceptive, or dishonest practices:
(1) act on behalf of more than one party to a transaction
without the knowledge and consent of all parties;
(2) act in the dual capacity of licensee and undisclosed
principal in any transaction;
(3) receive funds while acting as
principal which funds would constitute trust funds if received by a licensee
acting as an agent, unless the funds are placed in a trust account. Funds need not be placed in a trust account
if a written agreement signed by all parties to the transaction specifies a
different disposition of the funds, in accordance with section 82.35, subdivision
1;
(4) violate any state or federal law concerning discrimination
intended to protect the rights of purchasers or renters of real estate;
(5) make a material misstatement in an application for a
license or in any information furnished to the commissioner;
(6) procure or attempt to procure a real estate license for
himself or herself or any person by fraud, misrepresentation, or deceit;
(7) represent membership in any real estate-related
organization in which the licensee is not a member;
(8) advertise in any manner that is misleading or inaccurate
with respect to properties, terms, values, policies, or services conducted by
the licensee;
(9) make any material misrepresentation or permit or allow
another to make any material misrepresentation;
(10) make any false or misleading statements, or permit or
allow another to make any false or misleading statements, of a character likely
to influence, persuade, or induce the consummation of a transaction
contemplated by this chapter;
(11) fail within a reasonable time to account for or remit any
money coming into the licensee's possession which belongs to another;
(12) commingle with his or her own money or property trust
funds or any other money or property of another held by the licensee;
(13) demand from a seller a commission to compensation which
the licensee is not entitled, knowing that he or she is not entitled to the
commission compensation;
(14) pay or give money or goods of value to an unlicensed
person for any assistance or information relating to the procurement by a
licensee of a listing of a property or of a prospective buyer of a property
(this item does not apply to money or goods paid or given to the parties to the
transaction);
(15) fail to maintain a trust account at all times, as provided
by law;
(16) engage, with respect to the offer, sale, or rental of real
estate, in an anticompetitive activity;
(17) represent on advertisements, cards, signs, circulars,
letterheads, or in any other manner, that he or she is engaged in the business
of financial planning unless he or she provides a disclosure document to the
client. The document must be signed by
the client and a copy must be left with the client. The disclosure document must contain the following:
(i) the basis of fees, commissions, or other compensation
received by him or her in connection with rendering of financial planning
services or financial counseling or advice in the following language:
"My compensation may be
based on the following:
(a) ... commissions generated from the products I sell you;
(b) ... fees; or
(c) ... a combination of (a) and (b). [Comments]";
(ii) the name and address of any company or firm that supplies
the financial services or products offered or sold by him or her in the
following language:
"I am authorized to offer or sell products and/or services
issued by or through the following firm(s):
[List]
The products will be traded, distributed, or placed through the
clearing/trading firm(s) of:
[List]";
(iii) the license(s) held by the person under this chapter or
chapter 60A or 80A in the following language:
"I am licensed in Minnesota as a(n):
(a) ... insurance agent;
(b) ... securities agent or broker/dealer;
(c) ... real estate broker or salesperson;
(d) ... investment adviser"; and
(iv) the specific identity of any financial products or
services, by category, for example mutual funds, stocks, or limited
partnerships, the person is authorized to offer or sell in the following language:
"The license(s) entitles me to offer and sell the
following products and/or services:
(a) ... securities, specifically the following: [List];
(b) ... real property;
(c) ... insurance; and
(d) ... other:
[List]."
(b) [DETERMINING VIOLATION.] A licensee shall be deemed to have
violated this section if the licensee has been found to have violated sections
325D.49 to 325D.66, by a final decision or order of a court of competent
jurisdiction.
(c) [COMMISSIONER'S AUTHORITY.] Nothing in this section limits
the authority of the commissioner to take actions against a licensee for
fraudulent, deceptive, or dishonest practices not specifically described in
this section.
Sec. 16. Minnesota Statutes 2004, section 299A.61,
subdivision 3, is amended to read:
Subd. 3. [LIMIT ON
LIABILITY OF FINANCIAL INSTITUTION.] A financial institution, including its
employees or company agents, that provides or reasonably attempts to provide information
regarding stolen, forged, or fraudulent check information checks
for use by the crime alert network, check verification services, consumer
reporting agencies, a banking industry antifraud database consistent with
federal privacy law, or by law enforcement agencies that are investigating
a crime is not liable to any person for disclosing the information, provided
that the financial institution is acting in good faith.
Sec. 17. Minnesota
Statutes 2004, section 325F.69, is amended by adding a subdivision to read:
Subd. 6.
[DECEPTIVE USE OF FINANCIAL INSTITUTION NAME.] No person shall
include the name, trade name, logo, or tagline of a financial institution as
defined in section 49.01, subdivision 2, in a written solicitation for
financial services directed to a customer who has obtained a loan from the
financial institution without written permission from the financial
institution, unless the solicitation clearly and conspicuously states that the
person is not sponsored by or affiliated with the financial institution, which
shall be identified by name. This
statement shall be made in close proximity to, and in the same or larger font
size as, the first and most prominent use or uses of the name, trade name,
logo, or tagline in the solicitation, including on an envelope or through an
envelope window containing the solicitation.
For purposes of this section, the term "financial institution"
includes a financial institution's affiliates and subsidiaries. This subdivision shall not prohibit the use
of a financial institution name, trade name, logo, or tagline of a financial
institution if the use of that name is part of a fair and accurate comparison
of like products or services.
Sec. 18. [REPEALER.]
(a) Minnesota Statutes 2004, section 52.062, subdivision 3,
is repealed.
(b) Minnesota Rules, part 2675.2610, subpart 5, is repealed.
Sec. 19. [EFFECTIVE
DATE.]
Section 8 is effective January 1, 2006."
Delete the title and insert:
"A bill for an act relating to commerce; regulating the
powers and duties of, and annual reporting required for, certain financial
institutions; regulating safe deposit companies; removing obsolete references
to the credit union advisory task force; regulating residential mortgage
originators; regulating real estate brokers and salespersons; providing for
insurance license renewals; regulating for the voluntary dissolution of
fraternal benefit societies; prohibiting the deceptive use of a financial
institution name; amending Minnesota Statutes 2004, sections 47.10, subdivision
1; 47.75; 48.10; 48.15, subdivision 4; 48.512, by adding a subdivision; 52.062,
subdivision 2; 55.10, subdivision 4; 58.16, subdivision 4; 60A.13, subdivision
5; 64B.30, by adding a subdivision; 82.17, subdivisions 10, 18; 82.36,
subdivision 4; 82.41, subdivision 13; 299A.61, subdivision 3; 325F.69, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 58; repealing Minnesota Statutes 2004, section 52.062, subdivision 3;
Minnesota Rules, part 2675.2610, subpart 5."
The motion prevailed and the amendment was adopted.
S. F. No. 1636, A bill for an act
relating to commerce; regulating certain financial institutions; removing
obsolete references to the credit union advisory task force; regulating
residential mortgage originators; providing for insurance license renewals;
regulating for the voluntary dissolution of fraternal benefit societies;
amending Minnesota Statutes 2004, sections 47.10, subdivision 1; 47.75; 48.10;
48.15, subdivision 4; 48.512, by adding a subdivision; 52.062, subdivision 2;
55.10, subdivision 4; 58.16, subdivision 4; 60A.13, subdivision 5; 64B.30, by
adding a subdivision; 82.17, subdivisions 10, 18; 82.36, subdivision 4; 82.41,
subdivision 13; 325F.69, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 58; repealing Minnesota Statutes 2004, section
52.062, subdivision 3; Minnesota Rules, part 2675.2610, subpart 5.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its title agreed to.
S. F. No. 1360, A bill for an act relating to commerce;
regulating unclaimed property held by cooperatives and the right to receive or
recover unclaimed property; modifying public notice requirements; regulating
certain abandoned tangible personal property; amending Minnesota Statutes 2004,
sections 308A.711, subdivisions 1, 3; 308B.735, subdivisions 1, 3; 345.42,
subdivision 1; 345.46; proposing coding for new law in Minnesota Statutes,
chapter 345; repealing Minnesota Statutes 2004, sections 308A.711, subdivision
2; 308B.735, subdivision 2; 345.42, subdivisions 2, 3.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and
the roll was called. There were 133
yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed to.
H. F. No. 814 was reported to the House.
Jaros moved to amend H. F. No. 814, the first engrossment, as
follows:
Page 15, after line 15, insert:
"Sec. 20.
[NO-BUILD EASEMENT.]
Notwithstanding any other law to the contrary, the St. Louis
County Board of Commissioners may convey a three-foot permanent no-build
easement on the northeasterly border of the unsold tax-forfeited property
described as lot 35 in the plat of Upper Duluth St. Louis Avenue to an
individual owner of private property that shares a border with the
tax-forfeited lot."
Page 15, after line 21, insert:
"Section 20 is effective the day after the St. Louis
County Board of Commissioners and its chief clerical officer comply with
Minnesota Statutes, section 645.021, subdivisions 2 and 3."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
Fritz moved to amend H. F. No. 814, the first
engrossment, as amended, as follows:
Page 15, after line 15, insert:
"Sec. 20. [PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; RICE COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of Minnesota Statutes,
chapter 282, Rice County may sell by private sale the tax-forfeited land
bordering public waters described in paragraph (c), under the remaining
provisions of Minnesota Statutes, chapter 282.
(b) The sale must be in a form approved by the attorney
general. The conveyance shall be
subject to the city of Morristown Ordinance No. 170 adopted May 6, 2002,
including, but not limited to, section 19 of Ordinance No. 170 addressing
shoreland setback distances at a minimum distance of 50 feet and limitations on
vegetation removal. The conveyance
shall also reserve to the city an additional 12 feet running parallel to the
50-foot setback zone for public trail purposes.
(c) The land to be sold is located in Rice County and is
described as: Lots 3, 4, and 5, Block
2, original plat of Morristown (parcel #20.0331.000).
(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 15, line 20, delete "20" and insert
"21"
Renumber the sections in sequence
The motion prevailed and the amendment was adopted.
Dill moved to amend H. F. No. 814, the first engrossment, as
amended, as follows:
Page 15, delete section 19 and insert: