STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
EIGHTY-EIGHTH DAY
Saint Paul, Minnesota, Monday, March 10, 2008
The House of Representatives convened at 11:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Deacon Nathan Allen, St. Agnes Catholic
Church, St. Paul, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Anderson, B., and Smith were excused.
Emmer and Thissen were excused until 11:45 a.m. Mariani was excused until 11:50 a.m. Ruth was excused until 12:25 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Ozment moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
Due to the resignation of the House Chaplain Paul Rogers,
effective December 4, 2007, the Speaker announced that the next order of
business was the election of a House Chaplain.
ELECTION
OF OFFICER
The name of the Reverend Richard D. Buller was placed in nomination for House Chaplain by
Peterson, S. The nomination was
seconded by Hamilton.
There being no further nominations, the Speaker declared the
nominations closed.
The roll was called on the election of the House Chaplain and
the following voted for the nominee:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The nominee, having received a majority of the votes cast, was
declared duly elected House Chaplain.
OATH
OF OFFICE
The oath of office was administered to the House Chaplain-elect
by the Speaker.
REPORTS
OF CHIEF CLERK
S. F. No. 2471 and
H. F. No. 1066, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Fritz moved that the rules be so far suspended that
S. F. No. 2471 be substituted for H. F. No. 1066
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2796 and
H. F. No. 2617, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Bly moved that S. F. No. 2796 be substituted for
H. F. No. 2617 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2910 and
H. F. No. 3517, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Davnie moved that the rules be so far suspended that
S. F. No. 2910 be substituted for H. F. No. 3517
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 2554, A bill for an act proposing an amendment to the Minnesota
Constitution, article IV, section 12; adding a provision to allow the
legislature or presiding officers to call a special session.
Reported
the same back with the following amendments:
Page
1, line 15, delete the first "both houses" and insert "the
house of representatives and a majority of the members elected to the senate"
Page
1, line 17, after the period, insert "A special session called by the
legislature may not exceed seven legislative days. A bill may be passed on the day prescribed for adjournment of the
special session."
Page
2, line 4, after "session" insert "for up to seven
days" and delete "its members" and insert "the
members of each house of the legislature"
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.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 2573, A bill for an act relating to agriculture; modifying prohibited uses
of pesticide; amending Minnesota Statutes 2006, section 18B.07, subdivision 2.
Reported
the same back with the following amendments:
Page
2, delete lines 28 to 31 and insert:
"(h)
Except for public health purposes, it is a violation of this chapter to apply
for hire a pesticide to the incorrect site or to a site where an application
has not been requested, ordered, or contracted for by the property owner or
lawful manager or property manager of the site, notwithstanding that the
application is done in a manner consistent with the label or labeling."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 2777, A bill for an act relating to environment; modifying disposition of
solid waste management tax revenue; appropriating money; amending Minnesota
Statutes 2006, section 297H.13, subdivision 2.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 2967, A bill for an act relating to traffic regulations; providing for
trailer brakes; imposing penalties for forging or possessing false commercial
motor vehicle inspection decal; providing that officer may require weighing and
inspection of truck weighing more than 10,000 pounds; amending Minnesota
Statutes 2006, sections 169.67, subdivision 3; 169.781, subdivision 5; 169.85,
subdivision 1.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2987, A bill for an act relating to motor fuels; modifying definition of
biodiesel; increasing minimum biodiesel content; creating tiered biodiesel
content goal; appropriating money; amending Minnesota Statutes 2006, section
239.77, as amended; Minnesota Statutes 2007 Supplement, section 296A.01,
subdivision 8a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
239.77, as amended by Laws 2007, chapter 62, sections 3 and 4, is amended to
read:
239.77 BIODIESEL CONTENT MANDATE.
Subdivision
1. Biodiesel
fuel. "Biodiesel fuel"
means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that
is derived from agricultural and other plant oils or animal fats and;
that meets American Society For Testing and Materials specification D6751-07
for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; and that is manufactured
by a person certified by the BQ-9000 National Biodiesel Accreditation Program.
Subd.
2. Minimum
content. (a) Except as
otherwise provided in this section, all diesel fuel sold or offered for sale in
Minnesota for use in internal combustion engines must contain at least 2.0
percent the stated percentage of biodiesel fuel oil by volume.
on and after the following dates:
(1) September
29, 2005 2
percent
(2) May
1, 2009 5
percent
(3) May
1, 2012 10
percent
(4) May
1, 2015 20
percent
The minimum content levels in clauses (3) and (4) are effective during
the months of April, May, June, July, August, September, and October only. The minimum content for the remainder of the
year is five percent. However, if the
commissioners of agriculture, commerce, and pollution control determine, after
consultation with the biodiesel task force and other technical experts, that an
American Society for Testing and Materials specification or equivalent federal
standard exists for the specified biodiesel blend level in those clauses that
adequately addresses technical issues associated with Minnesota's cold weather
and publish a notice in the State Register to that effect, the commissioners
may allow the specified biodiesel blend level in those clauses to be effective
year-round.
(b) The minimum content levels in paragraph (a), clauses (3) and (4),
become effective on the date specified only if the commissioners of
agriculture, commerce, and pollution control publish notice in the State
Register and provide written notice to the chairs of the house of
representatives and senate committees with jurisdiction over agriculture,
commerce, and transportation policy and finance, at least 270 days prior to the
date of each scheduled increase, that all of the following conditions have been
met and the state is prepared to move to the next scheduled minimum content
level:
(1) an American Society for Testing and Materials specification or
equivalent federal standard exists for the next minimum diesel-biodiesel blend;
(2) a sufficient supply of biodiesel is available and the amount of
biodiesel produced in this state is equal to at least 50 percent of anticipated
demand at the next minimum content level; and
(3) adequate blending infrastructure and regulatory protocol are in place
in order to promote biodiesel quality and avoid any potential economic
disruption.
(c) The commissioners of agriculture, commerce, and pollution control
must consult with the biodiesel task force when assessing and certifying
conditions in paragraph (b), and in general must seek the guidance of the
biodiesel task force regarding biodiesel labeling, enforcement, and other
related issues.
(d) During a period of biodiesel fuel shortage or a problem with
biodiesel quality that negatively affects the availability of biodiesel fuel,
the commissioner of commerce may temporarily suspend the minimum content
requirement in subdivision 2 until there is sufficient biodiesel fuel, as
defined in subdivision 1, available to fulfill the minimum content requirement.
(e) By February 1, 2012, and periodically thereafter, the commissioner
of commerce shall determine the wholesale diesel price at various pipeline and
refinery terminals in the region, and the biodiesel price determined after the
$1 per gallon federal credit is subtracted at biodiesel plants in the
region. The commissioner shall report
wholesale price differences to the governor who, after consultation with the
commissioners of commerce and agriculture, may by executive order adjust the
biodiesel mandate if a price disparity reported by the commissioner will cause
economic hardship to retailers of diesel fuel in this state. Any adjustment must be for a specified
period of time, after which the percentage of biodiesel fuel to be blended into
diesel fuel returns to the amount required in subdivision 2. The biodiesel mandate must not be adjusted
to less than five percent.
Subd. 3. Exceptions. (a) The minimum
content requirement requirements of subdivision 2 does
do not apply to fuel used in the following equipment:
(1) motors located at an electric generating plant regulated by the
Nuclear Regulatory Commission;
(2) railroad locomotives; and
(3) off-road taconite and copper mining equipment and machinery.
(b) The exemption in paragraph (a), clause (1), expires 30 days after
the Nuclear Regulatory Commission has approved the use of biodiesel fuel in
motors at electric generating plants under its regulation.
Subd. 4. Disclosure. A refinery or
terminal shall provide, at the time diesel fuel is sold or transferred from the
refinery or terminal, a bill of lading or shipping manifest to the person who
receives the fuel. For
biodiesel-blended products, the bill of lading or shipping manifest must
disclose biodiesel content, stating volume percentage, gallons of biodiesel per
gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
where "xx" denotes the volume percent biodiesel included in the
blended product. This subdivision does
not apply to sales or transfers of biodiesel blend stock between refineries,
between terminals, or between a refinery and a terminal.
Sec. 2. Minnesota Statutes 2007
Supplement, section 296A.01, subdivision 8a, is amended to read:
Subd. 8a. Biodiesel fuel.
"Biodiesel fuel" means a renewable, biodegradable, mono
alkyl ester combustible liquid fuel derived from agricultural plant oils or
animal fats and that meets American Society for Testing and Materials
specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels has the meaning given in section 239.77, subdivision 1.
Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
The commissioners of finance, commerce, and pollution control must
develop and submit to the legislature as part of their next biennial budget
request a proposal for eliminating, to the extent feasible, redundant fuel
inspections and dedicating all revenue from the petroleum inspection fee levied
on petroleum products under Minnesota Statutes, section 239.101, subdivision 3,
to the Weights and Measures Division of the Department of Commerce. All additional funding appropriated to the
Weights and Measures Division under this proposal must be used for increased
and enhanced fuel quality assurance enforcement activities and equipment and
for educational activities focused on the handling, distribution, and use of
biodiesel fuel.
Sec. 4. BIO-BASED DIESEL ALTERNATIVES.
(a) By January 1, 2011, the commissioners of agriculture, commerce, and
pollution control shall jointly review the technology, economics, and
operational characteristics associated with bio-based diesel alternatives and
shall make recommendations concerning their use in Minnesota to the governor
and the chairs of the house of representatives and senate committees with
jurisdiction over agriculture and energy finance.
(b) For the purposes of this section, "bio-based diesel
alternatives" means alternatives to petroleum diesel fuel that are
warrantied for use in a standard diesel engine without modification and derived
from a biological resource.
Sec. 5. APPROPRIATION.
$1,000,000 is appropriated in fiscal year 2009 from the general fund to
the commissioner of agriculture. $500,000 is for cold-weather biodiesel
blending infrastructure grants to fuel terminals that serve Minnesota. $500,000
must be used to support the algae-to-biofuels research project at the
University of Minnesota and the Metropolitan Council."
Amend the title as follows:
Page 1, line 3, before "appropriating" insert "requiring
notice, a proposal, and recommendations to the legislature;"
With the recommendation that when so amended the bill pass and be
re-referred to the Committee on Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 2998, A bill for an act relating to natural resources; authorizing free
lifetime state park permits for totally and permanently disabled veterans;
amending Minnesota Statutes 2006, sections 85.053, by adding a subdivision;
85.055, subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
85.053, is amended by adding a subdivision to read:
Subd.
10. Free
entrance; permanently and totally disabled veterans. The commissioner shall allow free
entrance to state parks and state recreation areas for any veteran with a total
and permanent service-connected disability who presents each year a copy of
their determination letter to a park attendant or commissioner's designee for
an annual park permit. For the purposes
of this section, "veteran with a total and permanent service-connected
disability" means a resident who has a total and permanent
service-connected disability as adjudicated by the United States Veterans
Administration or by the retirement board of one of the several branches of the
armed forces."
Delete
the title and insert:
"A
bill for an act relating to natural resources; authorizing free entrance to
state parks for totally and permanently disabled veterans; amending Minnesota
Statutes 2006, section 85.053, by adding a subdivision."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3112, A bill for an act relating to insurance; creating statewide health
insurance pool for school district employees; appropriating money; amending
Minnesota Statutes 2006, sections 3.971, subdivision 6; 13.203; 62E.02,
subdivision 23; 62E.10, subdivision 1; 62E.11, subdivision 5; 297I.05,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Commerce and Labor.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 3128, A bill for an act relating to transportation; permitting deputy
registrar office to be moved in city of New Prague.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. DEPUTY
REGISTRAR OF MOTOR VEHICLES OFFICE MOVE.
Notwithstanding
Minnesota Statutes, section 168.33; Minnesota Rules, parts 7406.0350 and
7406.0355, or successor rules; or any other rules adopted by the commissioner
of public safety limiting sites for the office of deputy registrar based on (1)
moving the deputy registrar office to a new location, (2) the distance to an
existing deputy registrar office, or (3) the annual volume of transactions
processed by any deputy registrar, the commissioner of public safety shall by
May 31, 2008, grant a variance to the State Bank of New Prague to move its
office of deputy registrar within the limits of the city of New Prague from
Scott County to Le Sueur County, with full authority to function as a
registration and motor vehicle tax collection deputy registrar. All other provisions regarding the operation
of a deputy registrar of motor vehicles under Minnesota Statutes, section
168.33, and Minnesota Rules, chapter 7406, apply to the office. The office move must take place by December
31, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3146, A bill for an act relating to consumer protection; modifying
restrictions on the collection and use of Social Security numbers; amending
Minnesota Statutes 2006, section 325E.59, subdivision 3, by adding a
subdivision; Minnesota Statutes 2007 Supplement, section 325E.59, subdivision
1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 325E.59, subdivision 1, is amended to read:
Subdivision
1. Generally. (a) A person or entity, not including a
government entity, may not do any of the following:
(1)
publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to
intentionally communicate or otherwise make available to the general public;
(2)
print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;
(3)
require an individual to transmit the individual's Social Security number over
the Internet, unless the connection is secure or the Social Security number is
encrypted, except as required by titles XVIII and XIX of the Social Security
Act and by Code of Federal Regulations, title 42, section 483.20;
(4)
require an individual to use the individual's Social Security number to access
an Internet Web site, unless a password or unique personal identification
number or other authentication device is also required to access the Internet
Web site;
(5)
print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless
state or federal law requires the Social Security number to be on the document
to be mailed. If, in connection with a
transaction involving or otherwise relating to an individual, a person or
entity receives a number from a third party, that person or entity is under no
duty to inquire or otherwise determine whether the number is or includes that
individual's Social Security number and may print that number on materials
mailed to the individual, unless the person or entity receiving the number has
actual knowledge that the number is or includes the individual's Social
Security number;
(6)
assign or use a number as the primary account identifier that is identical to
or incorporates an individual's complete Social Security number, except in
conjunction with an employee or member retirement or benefit plan; or
(7)
sell Social Security numbers obtained from individuals in the course of
business.
Notwithstanding
clauses (1) to (5), Social Security numbers may be included in applications and
forms sent by mail, including documents sent as part of an application or
enrollment process, or to establish, amend, or terminate an account, contract,
or policy, or to confirm the accuracy of the Social Security number. Nothing in this paragraph authorizes
inclusion of a Social Security number on the outside of a mailing or in the
bulk mailing of a credit card solicitation offer.
(b) A
person or entity, not including a government entity, must restrict access to
individual Social Security numbers it holds so that only employees or agents
who require access to records containing the numbers in order to perform
their job duties have access to the numbers, except as required by titles XVIII
and XIX of the Social Security Act and by Code of Federal Regulations, title
42, section 483.20.
(c)
This section applies only to the use of Social Security numbers on or after
July 1, 2008.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
2. Minnesota Statutes 2006, section
325E.59, subdivision 3, is amended to read:
Subd.
3. Coordination
with other law. (a) This
section does not prevent the collection, use, or release of a Social Security
number as required authorized by state or federal law or the use
of a Social Security number for internal verification or administrative
purposes.
(b)
This section does not prevent the release of a Social Security number as part
of a consumer report as defined in United States Code, title 15, section 1681a,
paragraph (d), or in a request for such a report, that is furnished as a result
of a transaction initiated by a consumer with the consumer's consent, furnished
to a consumer's current or prospective employer with the consumer's consent, or
furnished to a court or law enforcement agency.
EFFECTIVE DATE. This section is effective July 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to consumer protection; modifying restrictions on the
collection and use of Social Security numbers; amending Minnesota Statutes
2006, section 325E.59, subdivision 3; Minnesota Statutes 2007 Supplement,
section 325E.59, subdivision 1."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3217, A bill for an act relating to crimes; including false police and fire
emergency calls as misdemeanor offense; amending Minnesota Statutes 2006,
section 609.78, subdivision 1.
Reported
the same back with the following amendments:
Page
1, line 16, before "makes" insert "intentionally"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3222, A bill for an act relating to human services; clarifying certain
asset transfers; amending medical assistance preferred drug list; creating a
cause of action for certain asset transfers; changing medical assistance lien
provisions; modifying a children's pilot program; establishing a statewide
health information exchange; allowing certain claims against an estate;
amending Minnesota Statutes 2006, sections 256B.056, subdivision 4a; 256B.0571,
subdivisions 8, 15, by adding a subdivision; 256B.0595, by adding subdivisions;
256B.0625, subdivision 13g; 256B.075, subdivision 2; 524.3-803; proposing
coding for new law in Minnesota Statutes, chapter 256B.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 256B.055, subdivision 14, is amended to read:
Subd.
14. Persons detained by law.
(a) Medical assistance may be paid for an inmate of a correctional
facility who is conditionally released as authorized under section 241.26,
244.065, or 631.425, if the individual does not require the security of a
public detention facility and is housed in a halfway house or community
correction center, or under house arrest and monitored by electronic
surveillance in a residence approved by the commissioner of corrections, and if
the individual meets the other eligibility requirements of this chapter.
(b) An
individual who is enrolled in medical assistance, and who is charged with a
crime and incarcerated for less than 12 months shall be suspended from
eligibility at the time of incarceration until the individual is released. Upon release, medical assistance eligibility
is reinstated without reapplication using a reinstatement process and form, if
the individual is otherwise eligible.
(c) An
individual, regardless of age, who is considered an inmate of a public
institution as defined in Code of Federal Regulations, title 42, section 435.1009
435.1010, is not eligible for medical assistance.
Sec.
2. Minnesota Statutes 2006, section
256B.056, subdivision 2, is amended to read:
Subd.
2. Homestead
exclusion and homestead equity limit for institutionalized
persons residing in a long-term care facility. (a) The homestead shall be excluded
for the first six calendar months of a person's stay in a long-term care
facility and shall continue to be excluded for as long as the recipient can be
reasonably expected to return to the homestead. For purposes of this subdivision, "reasonably expected to
return to the homestead" means the recipient's attending physician has
certified that the expectation is reasonable, and the recipient can show that
the cost of care upon returning home will be met through medical assistance or
other sources. The homestead shall
continue to be excluded for persons residing in a long-term care facility if it
is used as a primary residence by one of the following individuals:
(1)
the spouse;
(2) a
child under age 21;
(3) a
child of any age who is blind or permanently and totally disabled as defined in
the supplemental security income program;
(4) a
sibling who has equity interest in the home and who resided in the home for at
least one year immediately before the date of the person's admission to the
facility; or
(5) a
child of any age, or, subject to federal approval, a grandchild
of any age, who resided in the home for at least two years immediately
before the date of the person's admission to the facility, and who provided
care to the person that permitted the person to reside at home rather than in
an institution.
(b)
Effective for applications filed on or after July 1, 2006, and for renewals
after July 1, 2006, for persons who first applied for payment of long-term care
services on or after January 2, 2006, the equity interest in the homestead of
an individual whose eligibility for long-term care services is determined on or
after January 1, 2006, shall not exceed $500,000, unless it is the lawful
residence of the individual's spouse or child who is under age 21, blind, or
disabled. The amount specified in this
paragraph shall be increased beginning in year 2011, from year to year based on
the percentage increase in the Consumer Price Index for all urban consumers
(all items; United States city average), rounded to the nearest $1,000. This provision may be waived in the case of
demonstrated hardship by a process to be determined by the secretary of health
and human services pursuant to section 6014 of the Deficit Reduction Act of
2005, Public Law 109-171.
Sec.
3. Minnesota Statutes 2006, section
256B.056, is amended by adding a subdivision to read:
Subd.
2a. Home
equity limit for medical assistance payment of long-term care services. (a) Effective for requests of medical
assistance payment of long-term care services filed on or after July 1, 2006,
and for renewals on or after July 1, 2006, for persons who received payment of
long-term care services under a request filed on or after January 1, 2006, the
equity interest in the home of a person whose eligibility for long-term care
services is determined on or after January 1, 2006, shall not exceed $500,000,
unless it is the lawful residence of the person's spouse or child who is under
age 21, or a child of any age who is blind or permanently and totally disabled
as defined in the Supplemental Security Income program. The amount specified in this paragraph shall
be increased beginning in year 2011, from year to year based on the percentage
increase in the Consumer Price Index for all urban consumers (all items; United
States city average), rounded to the nearest $1,000.
(b)
For purposes of this subdivision, a "home" means any real or personal
property interest, including an interest in an agricultural homestead as
defined under section 273.124, subdivision 1, that, at the time of the request
for medical assistance payment of long-term care services, is the primary
dwelling of the person or was the primary dwelling of the person before receipt
of long-term care services began outside of the home.
(c)
A person denied or terminated from medical assistance payment of long-term care
services because the person's home equity exceeds the home equity limit may
seek a waiver based upon a hardship by filing a written request with the county
agency. Hardship is an imminent threat
to the person's health and well-being that is demonstrated by documentation of
no alternatives for payment of long-term care services. The county agency shall make a decision
regarding the written request to waive the home equity limit within 30 days if
all necessary information has been provided.
The county agency shall send the person and the person's representative
a written notice of decision on the request for a demonstrated hardship waiver
that also advises the person of appeal rights under the fair hearing process of
section 256.045.
Sec.
4. Minnesota Statutes 2006, section
256B.056, subdivision 4a, is amended to read:
Subd.
4a. Asset verification. For
purposes of verification, the value of an individual is not required
to make a good faith effort to sell a life estate that is not excluded
under subdivision 2 and the life estate shall be considered
deemed not salable unless the owner of the remainder interest intends to
purchase the life estate, or the owner of the life estate and the owner of the
remainder sell the entire property. This
subdivision applies only for the purpose of determining eligibility for medical
assistance, and does not apply to the valuation of assets owned by either the
institutional spouse or the community spouse under section 256B.059,
subdivision 2.
Sec.
5. Minnesota Statutes 2006, section
256B.056, subdivision 11, is amended to read:
Subd.
11. Treatment of annuities. (a)
Any individual applying for or seeking recertification of eligibility for
person requesting medical assistance payment of long-term care services
shall provide a complete description of any interest either the individual
person or the individual's person's spouse has in
annuities on a form designated by the department. The form shall include a statement that the state becomes a
preferred remainder beneficiary of annuities or similar financial instruments
by virtue of the receipt of medical assistance payment of long-term care
services. The individual person
and the individual's person's spouse shall furnish the agency
responsible for determining eligibility with complete current copies of their
annuities and related documents for review as part of the application
process on disclosure forms provided by the department as part of their
application and complete the form designating the state as the preferred
remainder beneficiary for each annuity in which the person or the person's
spouse has an interest.
(b) The
disclosure form shall include a statement that the department becomes the
remainder beneficiary under the annuity or similar financial instrument by
virtue of the receipt of medical assistance.
The disclosure form department shall include a
provide notice to the issuer of the department's right under this section
as a preferred
remainder
beneficiary under the annuity or similar financial instrument for medical
assistance furnished to the individual person or the individual's
person's spouse, and require the issuer to provide confirmation that
a remainder beneficiary designation has been made and to notify the county
agency when there is a change in the amount of the income or principal being
withdrawn from the annuity or other similar financial instrument at the time of
the most recent disclosure required under this section. The individual and the individual's spouse
shall execute separate disclosure forms for each annuity or similar financial
instrument that they are required to disclose under this section and in which
they have an interest. provide notice of the issuer's responsibilities
as provided in paragraph (c).
(c) An
issuer of an annuity or similar financial instrument who receives notice on
a disclosure form of the state's right to be named a preferred remainder
beneficiary as described in paragraph (b) shall provide confirmation to the
requesting agency that a remainder beneficiary designating the state has
been made and a preferred remainder beneficiary. The issuer shall also notify the
county agency when there is a change in the amount of income or
principal being withdrawn from the annuity or other similar financial
instrument or a change in the state's preferred remainder beneficiary
designation under the annuity or other similar financial instrument occurs. The county agency shall provide the issuer
with the name, address, and telephone number of a unit within the department
that the issuer can contact to comply with this paragraph.
(d)
"Preferred remainder beneficiary" for purposes of this subdivision
and sections 256B.0594 and 256B.0595 means the state is a remainder beneficiary
in the first position in an amount equal to the amount of medical assistance
paid on behalf of the institutionalized person, or is a remainder beneficiary
in the second position if the institutionalized person designates and is
survived by a remainder beneficiary who is (1) a spouse who does not reside in
a medical institution, (2) a minor child, or (3) a child of any age who is
blind or permanently and totally disabled as defined in the Supplemental
Security Income program.
Notwithstanding this paragraph, the state is the remainder beneficiary
in the first position if the spouse or child disposes of the remainder for less
than fair market value.
(e)
For purposes of this subdivision, "institutionalized person" and
"long-term care services" have the meanings given in section
256B.0595, subdivision 1, paragraph (h).
(f)
For purposes of this subdivision, "medical institution" means a
skilled nursing facility, intermediate care facility, intermediate care
facility for persons with developmental disabilities, nursing facility, or
inpatient hospital.
Sec.
6. Minnesota Statutes 2006, section
256B.057, subdivision 1, is amended to read:
Subdivision
1. Infants
and pregnant women. (a)(1) An
infant less than one year of age or a pregnant woman who has written
verification of a positive pregnancy test from a physician or licensed
registered nurse is eligible for medical assistance if countable family
income is equal to or less than 275 percent of the federal poverty guideline
for the same family size. A pregnant
woman who has written verification of a positive pregnancy test from a
physician or licensed registered nurse is eligible for medical assistance if
countable family income is equal to or less than 200 percent of the federal
poverty guideline for the same family size.
For purposes of this subdivision, "countable family
income" means the amount of income considered available using the
methodology of the AFDC program under the state's AFDC plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law 104-193, except for the earned
income disregard and employment deductions.
(2)
For applications processed within one calendar month prior to the effective
date, eligibility shall be determined by applying the income standards and
methodologies in effect prior to the effective date for any months in the
six-month budget period before that date and the income standards and methodologies
in effect on the effective date for any months in the six-month budget period
on or after that date. The income
standards for each month shall be added together and compared to the
applicant's total countable income for the six-month budget period to determine
eligibility.
(b)(1)
[Expired, 1Sp2003 c 14 art 12 s 19]
(2)
For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and
methodologies in effect prior to July 1, 2003, for any months in the six-month
budget period before July 1, 2003, and the income standards and methodologies
in effect on the expiration date for any months in the six-month budget period
on or after July 1, 2003. The income
standards for each month shall be added together and compared to the
applicant's total countable income for the six-month budget period to determine
eligibility.
(3)
An amount equal to the amount of earned income exceeding 275 percent of the
federal poverty guideline, up to a maximum of the amount by which the combined
total of 185 percent of the federal poverty guideline plus the earned income
disregards and deductions allowed under the state's AFDC plan as of July 16,
1996, as required by the Personal Responsibility and Work Opportunity Act of
1996 (PRWORA), Public Law 104-193, exceeds 275 percent of the federal poverty
guideline will be deducted for pregnant women and infants less than one year of
age.
(c)
Dependent care and child support paid under court order shall be deducted from
the countable income of pregnant women.
(d) An
infant born on or after January 1, 1991, to a woman who was eligible for and
receiving medical assistance on the date of the child's birth shall continue to
be eligible for medical assistance without redetermination until the child's
first birthday, as long as the child remains in the woman's household.
Sec.
7. Minnesota Statutes 2006, section
256B.0571, subdivision 8, is amended to read:
Subd.
8. Program
established. (a) The commissioner,
in cooperation with the commissioner of commerce, shall establish the Minnesota
partnership for long-term care program to provide for the financing of
long-term care through a combination of private insurance and medical
assistance.
(b) An
individual who meets the requirements in this paragraph is eligible to
participate in the partnership program.
The individual must:
(1) be
a Minnesota resident at the time coverage first became effective under the
partnership policy;
(2) be
a beneficiary of a partnership policy that (i) is issued on or after the
effective date of the state plan amendment implementing the partnership program
in Minnesota, or (ii) qualifies as a partnership policy under the
provisions of subdivision 8a, or (iii) if permitted under subdivision 17,
qualifies for a partnership program established by another state under United
States Code, title 42, section 1396p(b)(1)(C), and is either issued on or after
the effective date of the state plan amendment implementing the partnership
program in the state of issuance or qualifies for an exchange under the
requirements of the partnership program in that state; and
(3)
have exhausted all of the benefits under the partnership policy as described in
this section. Benefits received under a
long-term care insurance policy before July 1, 2006, do not count toward the
exhaustion of benefits required in this subdivision.
Sec.
8. Minnesota Statutes 2006, section
256B.0571, subdivision 9, is amended to read:
Subd.
9. Medical
assistance eligibility. (a) Upon application
request for medical assistance program payment of long-term care
services by an individual who meets the requirements described in subdivision
8, the commissioner shall determine the individual's eligibility for medical
assistance according to paragraphs (b) to (i).
(b)
After determining assets subject to the asset limit under section 256B.056,
subdivision 3 or 3c, or 256B.057, subdivision 9 or 10, the commissioner shall
allow the individual to designate assets to be protected from recovery under
subdivisions 13 and 15 up to the dollar amount of the benefits utilized under
the partnership policy. Designated
assets shall be disregarded for purposes of determining eligibility for payment
of long-term care services.
(c)
The individual shall identify the designated assets and the full fair market
value of those assets and designate them as assets to be protected at the time
of initial application for medical assistance.
The full fair market value of real property or interests in real
property shall be based on the most recent full assessed value for property tax
purposes for the real property, unless the individual provides a complete
professional appraisal by a licensed appraiser to establish the full fair
market value. The extent of a life
estate in real property shall be determined using the life estate table in the
health care program's manual. Ownership
of any asset in joint tenancy shall be treated as ownership as tenants in
common for purposes of its designation as a disregarded asset. The unprotected value of any protected asset
is subject to estate recovery according to subdivisions 13 and 15.
(d)
The right to designate assets to be protected is personal to the individual and
ends when the individual dies, except as otherwise provided in subdivisions 13
and 15. It does not include the
increase in the value of the protected asset and the income, dividends, or
profits from the asset. It may be
exercised by the individual or by anyone with the legal authority to do so on
the individual's behalf. It shall not
be sold, assigned, transferred, or given away.
(e) If
the dollar amount of the benefits utilized under a partnership policy is
greater than the full fair market value of all assets protected at the time of
the application for medical assistance long-term care services, the individual
may designate additional assets that become available during the individual's
lifetime for protection under this section.
The individual must make the designation in writing to the county
agency no later than the last date on which the individual must report a
change in circumstances to the county agency, as provided for under the medical
assistance program ten days from the date the designation is requested
by the county agency. Any excess
used for this purpose shall not be available to the individual's estate to
protect assets in the estate from recovery under section 256B.15 or 524.3-1202,
or otherwise.
(f)
This section applies only to estate recovery under United States Code, title
42, section 1396p, subsections (a) and (b), and does not apply to recovery
authorized by other provisions of federal law, including, but not limited to,
recovery from trusts under United States Code, title 42, section 1396p,
subsection (d)(4)(A) and (C), or to recovery from annuities, or similar legal
instruments, subject to section 6012, subsections (a) and (b), of the Deficit
Reduction Act of 2005, Public Law 109-171.
(g) An
individual's protected assets owned by the individual's spouse who applies for
payment of medical assistance long-term care services shall not be protected
assets or disregarded for purposes of eligibility of the individual's spouse
solely because they were protected assets of the individual.
(h)
Assets designated under this subdivision shall not be subject to penalty under
section 256B.0595.
(i)
The commissioner shall otherwise determine the individual's eligibility for
payment of long-term care services according to medical assistance eligibility
requirements.
Sec.
9. Minnesota Statutes 2006, section
256B.0571, subdivision 15, is amended to read:
Subd.
15. Limitation on liens. (a) An
individual's interest in real property shall not be subject to a medical
assistance lien under sections 514.980 to 514.985 or a notice of
potential claim lien arising under section 256B.15 while and to the
extent it is protected under subdivision 9.
An individual's interest in real property that exceeds the value
protected under subdivision 9 is subject to a lien for recovery.
(b)
Medical assistance liens under sections 514.980 to 514.985 or liens
arising under notices of potential claims section 256B.15 against
an individual's interests in real property in the individual's estate that are
designated as protected under subdivision 13, paragraph (b), shall be released to
the extent of the dollar value of the protection applied to the interest.
(c) If
an interest in real property is protected from a lien for recovery of medical
assistance paid on behalf of the individual under paragraph (a) or (b), no lien
for recovery of medical assistance paid on behalf of that individual shall be
filed against the protected interest in real property after it is distributed
to the individual's heirs or devisees.
Sec.
10. Minnesota Statutes 2006, section
256B.0571, is amended by adding a subdivision to read:
Subd.
17. Reciprocal
agreements. The commissioner
may enter into an agreement with any other state with a partnership program
under United States Code, title 42, section 1396p(b)(1)(C), for reciprocal
recognition of qualified long-term care insurance policies purchased under each
state's partnership program. The
commissioner shall notify the secretary of the United States Department of
Health and Human Services if the commissioner declines to enter into a national
reciprocal agreement.
Sec.
11. Minnesota Statutes 2006, section
256B.058, is amended to read:
256B.058 TREATMENT OF INCOME OF
INSTITUTIONALIZED SPOUSE.
Subdivision
1. Income
not available. The income described
in subdivisions 2 and 3 shall be deducted from an institutionalized spouse's
monthly income and is not considered available for payment of the monthly costs
of an institutionalized person spouse in the institution after the
person has been determined eligible for medical assistance.
Subd.
2. Monthly
income allowance for community spouse.
(a) For an institutionalized spouse with a spouse residing in the
community, monthly income may be allocated to the community spouse as a
monthly income allowance for the community spouse. Beginning with the first full calendar month the
institutionalized spouse is in the institution, the monthly income allowance is
not considered available to the institutionalized spouse for monthly payment of
costs of care in the institution as long as the income is made available to the
community spouse.
(b)
The monthly income allowance is the amount by which the community spouse's
monthly maintenance needs allowance under paragraphs (c) and (d) exceeds the
amount of monthly income otherwise available to the community spouse.
(c)
The community spouse's monthly maintenance needs allowance is the lesser of
$1,500 or 122 percent of the monthly federal poverty guideline for a family of
two plus an excess shelter allowance.
The excess shelter allowance is for the amount of shelter expenses that
exceed 30 percent of 122 percent of the federal poverty guideline line for a
family of two. Shelter expenses are the
community spouse's expenses for rent, mortgage payments including principal and
interest, taxes, insurance, required maintenance charges for a cooperative or
condominium that is the community spouse's principal residence, and the
standard utility allowance under section 5(e) of the federal Food Stamp Act of
1977. If the community spouse has a required
maintenance charge for a cooperative or condominium, the standard utility
allowance must be reduced by the amount of utility expenses included in the
required maintenance charge.
If the
community or institutionalized spouse establishes that the community spouse
needs income greater than the monthly maintenance needs allowance determined in
this paragraph due to exceptional circumstances resulting in significant
financial duress, the monthly maintenance needs allowance may be increased to
an amount that provides needed additional income.
(d)
The percentage of the federal poverty guideline used to determine the monthly
maintenance needs allowance in paragraph (c) is increased to 133 percent on
July 1, 1991, and to 150 percent on July 1, 1992. Adjustments in the income limits due to annual changes in the
federal poverty guidelines shall be implemented the first day of July following
publication of the annual changes. The
$1,500 maximum must be adjusted January 1, 1990, and every January 1 after that
by the same percentage increase in the Consumer Price Index for all urban
consumers (all items; United States city average) between the two previous
Septembers.
(e) If
a court has entered an order against an institutionalized spouse for monthly
income for support of the community spouse, the community spouse's monthly
income allowance under this subdivision shall not be less than the amount of
the monthly income ordered.
Subd.
3. Family
allowance. (a) A family allowance
determined under paragraph (b) is not considered available to the institutionalized
spouse for monthly payment of costs of care in the institution.
(b)
The family allowance is equal to one-third of the amount by which 122 percent
of the monthly federal poverty guideline for a family of two exceeds the
monthly income for that family member.
(c)
For purposes of this subdivision, the term family member only includes a minor
or dependent child as defined in the Internal Revenue Code, dependent
parent, or dependent sibling of the institutionalized or community spouse if
the sibling resides with the community spouse.
(d)
The percentage of the federal poverty guideline used to determine the family
allowance in paragraph (b) is increased to 133 percent on July 1, 1991, and to
150 percent on July 1, 1992.
Adjustments in the income limits due to annual changes in the federal
poverty guidelines shall be implemented the first day of July following
publication of the annual changes.
Subd.
4. Treatment
of income. (a) No income of the
community spouse will be considered available to an eligible institutionalized
spouse, beginning the first full calendar month of institutionalization, except
as provided in this subdivision.
(b) In
determining the income of an institutionalized spouse or community spouse,
after the institutionalized spouse has been determined eligible for medical
assistance, the following rules apply.
(1)
For income that is not from a trust, availability is determined according to
items (i) to (v), unless the instrument providing the income otherwise
specifically provides:
(i) if
payment is made solely in the name of one spouse, the income is considered
available only to that spouse;
(ii)
if payment is made in the names of both spouses, one-half of the income is
considered available to each;
(iii)
if payment is made in the names of one or both spouses together with one or
more other persons, the income is considered available to each spouse according
to the spouse's interest, or one-half of the joint interest is considered
available to each spouse if each spouse's interest is not specified;
(iv)
if there is no instrument that establishes ownership, one-half of the income is
considered available to each spouse; and
(v)
either spouse may rebut the determination of availability of income by showing
by a preponderance of the evidence that ownership interests are different than
provided above.
(2)
For income from a trust, income is considered available to each spouse as
provided in the trust. If the trust
does not specify an amount available to either or both spouses, availability
will be determined according to items (i) to (iii):
(i) if
payment of income is made only to one spouse, the income is considered
available only to that spouse;
(ii)
if payment of income is made to both spouses, one-half is considered available
to each; and
(iii)
if payment is made to either or both spouses and one or more other persons, the
income is considered available to each spouse in proportion to each spouse's
interest, or if no such interest is specified, one-half of the joint interest
is considered available to each spouse.
Sec.
12. Minnesota Statutes 2006, section
256B.059, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For purposes of this section and section
sections 256B.058 and 256B.0595, the terms defined in this subdivision have
the meanings given them.
(b)
"Community spouse" means the spouse of an institutionalized spouse.
(c)
"Spousal share" means one-half of the total value of all assets, to
the extent that either the institutionalized spouse or the community spouse had
an ownership interest at the time of the first continuous period of institutionalization.
(d)
"Assets otherwise available to the community spouse" means assets
individually or jointly owned by the community spouse, other than assets
excluded by subdivision 5, paragraph (c).
(e)
"Community spouse asset allowance" is the value of assets that can be
transferred under subdivision 3.
(f)
"Institutionalized spouse" means a person who is:
(1) in
a hospital, nursing facility, or intermediate care facility for persons with
developmental disabilities, or receiving home and community-based services
under section 256B.0915 or 256B.49, and is expected to remain in the
facility or institution or receive the home and community-based services for at
least 30 consecutive days; and
(2)
married to a person who is not in a hospital, nursing facility, or intermediate
care facility for persons with developmental disabilities, and is not receiving
home and community-based services under section 256B.0915 or 256B.49.
(g)
"For the sole benefit of" means no other individual or entity can
benefit in any way from the assets or income at the time of a transfer or at
any time in the future.
(h) "Continuous period of
institutionalization" means a 30-consecutive-day period of time in which a
person is expected to stay in a medical or long-term care facility, or receive
home and community-based services that would qualify for coverage under the
elderly waiver (EW) or alternative care (AC) programs. For a stay in a facility, the
30-consecutive-day period begins on the date of entry into a medical or
long-term care facility. For receipt of
home and community-based services, the 30-consecutive-day period begins on the
date that the following conditions are met:
(1)
the person is receiving services that meet the nursing facility level of care
determined by a long-term care consultation;
(2)
the person has received the long-term care consultation within the past 60
days;
(3)
the services are paid by the EW program under section 256B.0915 or the AC
program under section 256B.0913 or would qualify for payment under the EW or AC
programs if the person were otherwise eligible for either program, and but for
the receipt of such services the person would have resided in a nursing facility;
and
(4)
the services are provided by a licensed provider qualified to provide home and
community-based services.
Sec.
13. Minnesota Statutes 2006, section
256B.059, subdivision 1a, is amended to read:
Subd.
1a. Institutionalized spouse.
The provisions of this section apply only when a spouse is
institutionalized for a begins the first continuous period beginning
of institutionalization on or after October 1, 1989.
Sec.
14. Minnesota Statutes 2006, section
256B.0594, is amended to read:
256B.0594 PAYMENT OF BENEFITS FROM AN
ANNUITY.
When
payment becomes due under an annuity that names the department a remainder
beneficiary as described in section 256B.056, subdivision 11, the issuer
shall request and the department shall, within 45 days after receipt of the
request, provide a written statement of the total amount of the medical
assistance paid or confirmation that any family member designated as a
remainder beneficiary meets requirements for qualification as a beneficiary in
the first position. Upon timely
receipt of the written statement of the amount of medical assistance paid, the
issuer shall pay the department an amount equal to the lesser of the amount due
the department under the annuity or the total amount of medical assistance paid
on behalf of the individual or the individual's spouse. Any amounts remaining after the issuer's
payment to the department shall be payable according to the terms of the
annuity or similar financial instrument.
The county agency or the department shall provide the issuer with the
name, address, and telephone number of a unit within the department the issuer
can contact to comply with this section.
The requirements of section 72A.201, subdivision 4, clause (3), shall
not apply to payments made under this section until the issuer has received
final payment information from the department, if the issuer has notified the
beneficiary of the requirements of this section at the time it initially
requests payment information from the department.
Sec.
15. Minnesota Statutes 2006, section
256B.0595, subdivision 1, is amended to read:
Subdivision
1. Prohibited
transfers. (a) For transfers of
assets made on or before August 10, 1993, if a an institutionalized
person or the institutionalized person's spouse has given away, sold, or
disposed of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security program, within 30 months before or any time after the date of institutionalization
if the person has been determined eligible for medical assistance, or within 30
months before or any time after the date of the first approved application for
medical assistance if the person has not yet been determined eligible for medical
assistance, the person is ineligible for long-term care services for the period
of time determined under subdivision 2.
(b)
Effective for transfers made after August 10, 1993, a an
institutionalized person, a an institutionalized person's
spouse, or any person, court, or administrative body with legal authority to
act in place of, on behalf of, at the direction of, or upon the request of the institutionalized
person or institutionalized person's spouse, may not give away,
sell, or dispose of, for less than fair market value, any asset or interest
therein, except assets other than the homestead that are excluded under the
supplemental security income program, for the purpose of establishing or
maintaining medical assistance eligibility.
This applies to all transfers, including those made by a community
spouse after the month in which the institutionalized spouse is determined
eligible for medical assistance. For
purposes of determining eligibility for long-term care services, any transfer
of such assets within 36 months before or any time after an institutionalized
person applies for requests medical assistance payment of
long-term care services, or 36 months before or any time after a medical
assistance recipient becomes an institutionalized person, for less
than fair market value may be considered.
Any such transfer is presumed to have been made for the purpose of
establishing or maintaining medical assistance eligibility and the
institutionalized person is ineligible for long-term care services for the
period of time determined under subdivision 2, unless the institutionalized
person
furnishes
convincing evidence to establish that the transaction was exclusively for
another purpose, or unless the transfer is permitted under subdivision 3 or
4. In the case of payments from a trust
or portions of a trust that are considered transfers of assets under federal
law, or in the case of any other disposal of assets made on or after February
8, 2006, any transfers made within 60 months before or any time after an institutionalized
person applies for requests medical assistance payment of
long-term care services and within 60 months before or any time after a
medical assistance recipient becomes an institutionalized person,
may be considered.
(c)
This section applies to transfers, for less than fair market value, of income
or assets, including assets that are considered income in the month received,
such as inheritances, court settlements, and retroactive benefit payments or
income to which the institutionalized person or the institutionalized
person's spouse is entitled but does not receive due to action by the
institutionalized person, the institutionalized person's spouse, or
any person, court, or administrative body with legal authority to act in place
of, on behalf of, at the direction of, or upon the request of the institutionalized
person or the institutionalized person's spouse.
(d)
This section applies to payments for care or personal services provided by a
relative, unless the compensation was stipulated in a notarized, written
agreement which was in existence when the service was performed, the care or
services directly benefited the person, and the payments made represented
reasonable compensation for the care or services provided. A notarized written agreement is not
required if payment for the services was made within 60 days after the service
was provided.
(e)
This section applies to the portion of any asset or interest that a
an institutionalized person, a an institutionalized person's
spouse, or any person, court, or administrative body with legal authority to
act in place of, on behalf of, at the direction of, or upon the request of the
institutionalized person or the institutionalized person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be
returned to the institutionalized person or institutionalized
person's spouse while alive, based on estimated life expectancy using
the life expectancy tables employed by the supplemental security income program
to determine the value of an agreement for services for life as
determined according to the current actuarial tables published by the Office of
the Chief Actuary of the Social Security Administration. The commissioner may adopt rules reducing
life expectancies based on the need for long-term care. This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is
not purchased from an insurance company or financial institution that is
subject to licensing or regulation by the Minnesota Department of Commerce or a
similar regulatory agency of another state;
(2)
does not pay out principal and interest in equal monthly installments; or
(3)
does not begin payment at the earliest possible date after annuitization.
(f)
Effective for transactions, including the purchase of an annuity, occurring on
or after February 8, 2006, the purchase of an annuity by or on behalf of
an individual institutionalized person who has applied for or is
receiving long-term care services or the individual's
institutionalized person's spouse shall be treated as the disposal of an
asset for less than fair market value unless the department is named as the
a preferred remainder beneficiary in first position for an amount equal
to at least the total amount of medical assistance paid on behalf of the
individual or the individual's spouse; or the department is named as the
remainder beneficiary in second position for an amount equal to at least the
total amount of medical assistance paid on behalf of the individual or the
individual's spouse after the individual's community spouse or minor or
disabled child and is named as the remainder beneficiary in the first position
if the community spouse or a representative of the minor or disabled child
disposes of the remainder for less than fair market value as described
in section 256B.056, subdivision 11.
Any subsequent change to the designation of the department as a preferred
remainder beneficiary shall result in the annuity being treated as a
disposal of assets for less than fair market value. The amount of such transfer shall be the maximum amount the individual
institutionalized person or the individual's institutionalized
person's spouse could receive from the annuity or similar financial
instrument. Any change in the amount of
the income or principal being withdrawn from the annuity or other similar
financial instrument at the time of the most recent disclosure shall be deemed
to be a transfer of assets
for
less than fair market value unless the individual institutionalized
person or the individual's institutionalized person's spouse
demonstrates that the transaction was for fair market value. In the event a distribution of income or
principal has been improperly distributed or disbursed from an annuity or other
retirement planning instrument of an institutionalized person or the
institutionalized person's spouse, a cause of action exists against the
individual receiving the improper distribution for the cost of medical
assistance services provided or the amount of the improper distribution,
whichever is less.
(g)
Effective for transactions, including the purchase of an annuity, occurring on
or after February 8, 2006, the purchase of an annuity by or on behalf of
an individual institutionalized person applying for or receiving
long-term care services shall be treated as a disposal of assets for less than
fair market value unless it is:
(i) an
annuity described in subsection (b) or (q) of section 408 of the Internal
Revenue Code of 1986; or
(ii)
purchased with proceeds from:
(A) an
account or trust described in subsection (a), (c), or (p) of section 408 of the
Internal Revenue Code;
(B) a
simplified employee pension within the meaning of section 408(k) of the
Internal Revenue Code; or
(C) a
Roth IRA described in section 408A of the Internal Revenue Code; or
(iii)
an annuity that is irrevocable and nonassignable; is actuarially sound as
determined in accordance with actuarial publications of the Office of the Chief
Actuary of the Social Security Administration; and provides for payments in
equal amounts during the term of the annuity, with no deferral and no balloon
payments made.
(h)
For purposes of this section, long-term care services include services in a
nursing facility, services that are eligible for payment according to section
256B.0625, subdivision 2, because they are provided in a swing bed,
intermediate care facility for persons with developmental disabilities, and
home and community-based services provided pursuant to sections 256B.0915,
256B.092, and 256B.49. For purposes of
this subdivision and subdivisions 2, 3, and 4, "institutionalized
person" includes a person who is an inpatient in a nursing facility or in
a swing bed, or intermediate care facility for persons with developmental
disabilities or who is receiving home and community-based services under
sections 256B.0915, 256B.092, and 256B.49.
(i)
This section applies to funds used to purchase a promissory note, loan, or
mortgage unless the note, loan, or mortgage:
(1)
has a repayment term that is actuarially sound;
(2)
provides for payments to be made in equal amounts during the term of the loan,
with no deferral and no balloon payments made; and
(3)
prohibits the cancellation of the balance upon the death of the lender.
In the
case of a promissory note, loan, or mortgage that does not meet an exception in
clauses (1) to (3), the value of such note, loan, or mortgage shall be the
outstanding balance due as of the date of the individual's application institutionalized
person's request for medical assistance payment of long-term care
services.
(j)
This section applies to the purchase of a life estate interest in another individual's
person's home unless the purchaser resides in the home for a period of
at least one year after the date of purchase.
Sec.
16. Minnesota Statutes 2006, section
256B.0595, subdivision 2, is amended to read:
Subd.
2. Period
of ineligibility. (a) For any
uncompensated transfer occurring on or before August 10, 1993, the number of
months of ineligibility for long-term care services shall be the lesser of 30
months, or the uncompensated transfer amount divided by the average medical
assistance rate for nursing facility services in the state in effect on the
date of application. The amount used to
calculate the average medical assistance payment rate shall be adjusted each
July 1 to reflect payment rates for the previous calendar year. The period of ineligibility begins with the
month in which the assets were transferred.
If the transfer was not reported to the local agency at the time of
application, and the applicant received long-term care services during what
would have been the period of ineligibility if the transfer had been reported,
a cause of action exists against the transferee for the cost of long-term care
services provided during the period of ineligibility, or for the uncompensated
amount of the transfer, whichever is less.
The action may be brought by the state or the local agency
responsible for providing medical assistance under chapter 256G. The uncompensated transfer amount is the
fair market value of the asset at the time it was given away, sold, or disposed
of, less the amount of compensation received.
(b)
For uncompensated transfers made after August 10, 1993, the number of months of
ineligibility for long-term care services shall be the total uncompensated
value of the resources transferred divided by the average medical assistance
rate for nursing facility services in the state in effect on the date of
application. The amount used to calculate
the average medical assistance payment rate shall be adjusted each July 1 to
reflect payment rates for the previous calendar year. The period of ineligibility begins with the first day of the
month after the month in which the assets were transferred except that if one
or more uncompensated transfers are made during a period of ineligibility, the
total assets transferred during the ineligibility period shall be combined and
a penalty period calculated to begin on the first day of the month after the month
in which the first uncompensated transfer was made. If the transfer was reported to the local agency after the date
that advance notice of a period of ineligibility that affects the next month
could be provided to the recipient and the recipient received medical
assistance services or the transfer was not reported to the local agency, and
the applicant or recipient received medical assistance services during what
would have been the period of ineligibility if the transfer had been reported,
a cause of action exists against the transferee for the cost of medical
assistance that portion of long-term care services provided during
the period of ineligibility, or for the uncompensated amount of the transfer,
whichever is less. The action may be
brought by the state or the local agency responsible for providing medical
assistance under chapter 256G. The
uncompensated transfer amount is the fair market value of the asset at the time
it was given away, sold, or disposed of, less the amount of compensation received. Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical assistance on or after
April 13, 1996, no cause of action exists for a transfer unless:
(1)
the transferee knew or should have known that the transfer was being made by a
person who was a resident of a long-term care facility or was receiving that
level of care in the community at the time of the transfer;
(2)
the transferee knew or should have known that the transfer was being made to
assist the person to qualify for or retain medical assistance eligibility; or
(3)
the transferee actively solicited the transfer with intent to assist the person
to qualify for or retain eligibility for medical assistance.
(c)
For uncompensated transfers made on or after February 8, 2006, the period of
ineligibility:
(1)
for uncompensated transfers by or on behalf of individuals receiving medical
assistance payment of long-term care services, begins on the first
day of the month in which following advance notice can be given
following of the penalty period, but no later than the first day of
the month in which assets have been transferred for less than fair market
value, that follows three full calendar months from the date of the
report or discovery of the transfer; or
(2)
for uncompensated transfers by individuals requesting medical assistance
payment of long-term care services, begins the date on which the individual is eligible
for medical assistance under the Medicaid state plan and would otherwise be
receiving long-term care services based on an approved application for such
care but for the application of the penalty period, whichever is later,;
and which does not occur
(3)
cannot begin during
any other period of ineligibility.
(d) If
a calculation of a penalty period results in a partial month, payments for
long-term care services shall be reduced in an amount equal to the fraction.
(e) In
the case of multiple fractional transfers of assets in more than one month for
less than fair market value on or after February 8, 2006, the period of
ineligibility is calculated by treating the total, cumulative, uncompensated
value of all assets transferred during all months on or after February 8, 2006,
as one transfer.
Sec.
17. Minnesota Statutes 2006, section
256B.0595, subdivision 3, is amended to read:
Subd.
3. Homestead
exception to transfer prohibition.
(a) An institutionalized person is not ineligible for long-term care
services due to a transfer of assets for less than fair market value if the
asset transferred was a homestead and:
(1)
title to the homestead was transferred to the individual's:
(i)
spouse;
(ii)
child who is under age 21;
(iii)
blind or permanently and totally disabled child as defined in the supplemental
security income program;
(iv)
sibling who has equity interest in the home and who was residing in the home
for a period of at least one year immediately before the date of the
individual's admission to the facility; or
(v)
son or daughter who was residing in the individual's home for a period of at
least two years immediately before the date of the individual's admission to
the facility the individual became an institutionalized person, and
who provided care to the individual that, as certified by the individual's
attending physician, permitted the individual to reside at home rather than receive
care in an institution or facility;
(2) a
satisfactory showing is made that the individual intended to dispose of the
homestead at fair market value or for other valuable consideration; or
(3)
the local agency grants a waiver of a penalty resulting from a transfer for
less than fair market value because denial of eligibility would cause undue
hardship for the individual, based on imminent threat to the individual's
health and well-being. Whenever an applicant
or recipient is denied eligibility because of a transfer for less than fair
market value, the local agency shall notify the applicant or recipient that the
applicant or recipient may request a waiver of the penalty if the denial of
eligibility will cause undue hardship.
With the written consent of the individual or the personal
representative of the individual, a long-term care facility in which an
individual is residing may file an undue hardship waiver request, on behalf of
the individual who is denied eligibility for long-term care services on or
after July 1, 2006, due to a period of ineligibility resulting from a transfer
on or after February 8, 2006. In
evaluating a waiver, the local agency shall take into account whether the
individual was the victim of financial exploitation, whether the individual has
made reasonable efforts to recover the transferred property or resource, and
other factors relevant to a determination of hardship. If the local agency does not approve a
hardship waiver, the local agency shall issue a written notice to the
individual stating the reasons for the denial and the process for appealing the
local agency's decision.
(b)
When a waiver is granted under paragraph (a), clause (3), a cause of action
exists against the person to whom the homestead was transferred for that
portion of long-term care services granted provided within:
(1) 30
months of a transfer made on or before August 10, 1993;
(2) 60
months if the homestead was transferred after August 10, 1993, to a trust or
portion of a trust that is considered a transfer of assets under federal law;
(3) 36
months if transferred in any other manner after August 10, 1993, but prior to
February 8, 2006; or
(4) 60
months if the homestead was transferred on or after February 8, 2006,
or the amount of the
uncompensated transfer, whichever is less, together with the costs incurred due
to the action. The action shall be
brought by the state unless the state delegates this responsibility to the
local agency responsible for providing medical assistance under chapter 256G.
Sec.
18. Minnesota Statutes 2006, section
256B.0595, subdivision 4, is amended to read:
Subd.
4. Other
exceptions to transfer prohibition.
An institutionalized person who has made, or whose spouse has made a
transfer prohibited by subdivision 1, is not ineligible for long-term care
services if one of the following conditions applies:
(1)
the assets were transferred to the individual's spouse or to another for the
sole benefit of the spouse; or
(2)
the institutionalized spouse, prior to being institutionalized, transferred
assets to a spouse, provided that the spouse to whom the assets were
transferred does not then transfer those assets to another person for less than
fair market value. (At the time when one spouse is institutionalized, assets
must be allocated between the spouses as provided under section 256B.059); or
(3)
the assets were transferred to the individual's child who is blind or
permanently and totally disabled as determined in the supplemental security
income program; or
(4) a
satisfactory showing is made that the individual intended to dispose of the
assets either at fair market value or for other valuable consideration; or
(5)
the local agency determines that denial of eligibility for long-term care
services would work an undue hardship and grants a waiver of a penalty
resulting from a transfer for less than fair market value based on an imminent
threat to the individual's health and well-being. Whenever an applicant or recipient is denied eligibility because
of a transfer for less than fair market value, the local agency shall notify
the applicant or recipient that the applicant or recipient may request a waiver
of the penalty if the denial of eligibility will cause undue hardship. With the written consent of the individual
or the personal representative of the individual, a long-term care facility in
which an individual is residing may file an undue hardship waiver request, on
behalf of the individual who is denied eligibility for long-term care services
on or after July 1, 2006, due to a period of ineligibility resulting from a
transfer on or after February 8, 2006.
In evaluating a waiver, the local agency shall take into account whether
the individual was the victim of financial exploitation, whether the individual
has made reasonable efforts to recover the transferred property or resource,
whether the individual has taken any action to prevent the designation of the
department as a remainder beneficiary on an annuity as described in section
256B.056, subdivision 11, and other factors relevant to a determination of
hardship. The local agency shall
make a determination within 30 days of the receipt of all necessary information
needed to make such a determination. If
the local agency does not approve a hardship waiver, the local agency shall
issue a written notice to the individual stating the reasons for the denial and
the process for appealing the local agency's decision. When a waiver is granted, a cause of action
exists against the person to whom the assets were transferred for that portion
of long-term care services granted provided within:
(i) 30
months of a transfer made on or before August 10, 1993;
(ii)
60 months of a transfer if the assets were transferred after August 30, 1993,
to a trust or portion of a trust that is considered a transfer of assets under
federal law;
(iii)
36 months of a transfer if transferred in any other manner after August 10,
1993, but prior to February 8, 2006; or
(iv)
60 months of any transfer made on or after February 8, 2006,
or the amount of the
uncompensated transfer, whichever is less, together with the costs incurred due
to the action. The action shall be
brought by the state unless the state delegates this responsibility to the
local agency responsible for providing medical assistance under this chapter;
or
(6)
for transfers occurring after August 10, 1993, the assets were transferred by
the person or person's spouse:
(i) into a trust established for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the Supplemental
Security Income program; or (ii) into a trust established for the sole benefit
of an individual who is under 65 years of age who is disabled as defined by the
Supplemental Security Income program.
"For
the sole benefit of" has the meaning found in section 256B.059,
subdivision 1.
Sec.
19. Minnesota Statutes 2006, section
256B.0595, is amended by adding a subdivision to read:
Subd.
8. Cause
of action; transfer prior to death.
(a) A cause of action exists against a transferee who receives assets
for less than fair market value, either:
(1)
from a person who was a recipient of medical assistance and who made an
uncompensated transfer that was known to the county agency but a penalty period
could not be implemented under this section due to the death of the person; or
(2)
from a person who was a recipient of medical assistance who made an
uncompensated transfer that was not known to the county agency and the transfer
was made with the intent to hinder, delay, or defraud the state or local agency
from recovering as allowed under section 256B.15. In determining intent under this clause consideration may be
given, among other factors, to whether:
(i)
the transfer was to a family member;
(ii)
the transferor retained possession or control of the property after the
transfer;
(iii)
the transfer was concealed;
(iv)
the transfer included the majority of the transferor's assets;
(v)
the value of the consideration received was not reasonably equivalent to the
fair market value of the property; and
(vi)
the transfer occurred shortly before the death of the transferor.
(b)
No cause of action exists under this subdivision unless:
(1)
the transferee knew or should have known that the transfer was being made by a
person who was receiving medical assistance as described in section 256B.15,
subdivision 1, paragraph (b); and
(2)
the transferee received the asset without providing a reasonable equivalent
fair market value in exchange for the transfer.
(c)
The cause of action is for the uncompensated amount of the transfer or the
amount of medical assistance paid on behalf of the person, whichever is
less. The uncompensated transfer amount
is the fair market value of the asset at the time it was given away, sold, or
disposed of, less the amount of the compensation received.
Sec.
20. Minnesota Statutes 2006, section
256B.0595, is amended by adding a subdivision to read:
Subd.
9. Filing
cause of action; limitation. (a)
The county of financial responsibility under chapter 256G may bring a cause of
action under any or all of the following:
(1)
subdivision 1, paragraph (f);
(2)
subdivision 2, paragraphs (a) and (b);
(3)
subdivision 3, paragraph (b);
(4)
subdivision 4, clause (5); and
(5)
subdivision 8
on behalf of the claimant
who must be the commissioner.
(b)
Notwithstanding any other law to the contrary, a cause of action under
subdivision 2, paragraph (a) or (b) or subdivision 8, must be commenced within
six years of the date the local agency determines that a transfer was made for
less than fair market value.
Notwithstanding any other law to the contrary, a cause of action under
subdivision 3, paragraph (b), or subdivision 4, clause (5), must be commenced
within six years of the date of approval of a waiver of the penalty period for
a transfer for less than fair market value based on undue hardship.
Sec.
21. Minnesota Statutes 2006, section
256B.0625, subdivision 13g, is amended to read:
Subd.
13g. Preferred drug list. (a)
The commissioner shall adopt and implement a preferred drug list by January 1,
2004. The commissioner may enter into a
contract with a vendor or one or more states for the purpose of
participating in a multistate preferred drug list and supplemental
rebate program. The commissioner shall
ensure that any contract meets all federal requirements and maximizes federal
financial participation. The
commissioner shall publish the preferred drug list annually in the State
Register and shall maintain an accurate and up-to-date list on the agency Web
site.
(b)
The commissioner may add to, delete from, and otherwise modify the preferred
drug list, after consulting with the Formulary Committee and appropriate
medical specialists and providing public notice and the opportunity for public
comment.
(c)
The commissioner shall adopt and administer the preferred drug list as part of
the administration of the supplemental drug rebate program. Reimbursement for prescription drugs not on
the preferred drug list may be subject to prior authorization, unless the drug
manufacturer signs a supplemental rebate contract.
(d)
For purposes of this subdivision, "preferred drug list" means a list
of prescription drugs within designated therapeutic classes selected by the
commissioner, for which prior authorization based on the identity of the drug
or class is not required.
(e)
The commissioner shall seek any federal waivers or approvals necessary to
implement this subdivision.
Sec.
22. Minnesota Statutes 2007 Supplement,
section 256B.0625, subdivision 49, is amended to read:
Subd.
49. Community health worker.
(a) Medical assistance covers the care coordination and patient
education services provided by a community health worker if the community
health worker has:
(1)
received a certificate from the Minnesota State Colleges and Universities
System approved community health worker curriculum; or
(2) at
least five years of supervised experience with an enrolled physician,
registered nurse, or advanced practice registered nurse, or at least five years
of supervised experience by a certified public health nurse operating under the
direct authority of an enrolled unit of government.
Community health workers
eligible for payment under clause (2) must complete the certification program
by January 1, 2010, to continue to be eligible for payment.
(b)
Community health workers must work under the supervision of a medical
assistance enrolled physician, registered nurse, or advanced practice
registered nurse, or work under the supervision of a certified public health
nurse operating under the direct authority of an enrolled unit of government.
Sec.
23. Minnesota Statutes 2006, section
256B.075, subdivision 2, is amended to read:
Subd.
2. Fee-for-service. (a) The commissioner shall develop and
implement a disease management program for medical assistance and general
assistance medical care recipients who are not enrolled in the prepaid medical
assistance or prepaid general assistance medical care programs and who are
receiving services on a fee-for-service basis.
The commissioner may contract with an outside organization to provide
these services.
(b)
The commissioner shall seek any federal approval necessary to implement this
section and to obtain federal matching funds.
(c)
The commissioner shall develop and implement a pilot intensive care management
program for medical assistance children with complex and chronic medical issues
who are not able to participate in the metro-based U Special Kids program
due to geographic distance.
Sec.
24. [256B.0948] STATEWIDE HEALTH INFORMATION EXCHANGE.
Subdivision
1. Commissioner's
authority to join and participate.
The commissioner of human services has the authority to join and
participate as a member in a legal entity developing and operating a statewide
health information exchange that shall meet the following criteria:
(1)
the legal entity must meet all constitutional and statutory requirements to
allow the commissioner to participate including, without limitation, the
Minnesota Constitution, article X, section 1; and
(2)
the commissioner or the commissioner's designated representative must have the
right to participate in the governance of the legal entity under the same terms
and conditions and subject to the same requirements as any other member in the
legal entity and in that role shall act to advance state interests and lessen
the burdens of government.
Subd.
2. Development
expenses. Notwithstanding
chapter 16C, the commissioner may pay the state's prorated share of
development-related expenses of the legal entity retroactively from October 29,
2007, regardless of the date the commissioner joins the legal entity as a
member.
Sec.
25. Minnesota Statutes 2006, section
256B.15, subdivision 4, is amended to read:
Subd.
4. Other
survivors. (a) If the decedent
who was single or the surviving spouse of a married couple is survived by one
of the following persons, a claim exists against the estate payable first from
the value of the nonhomestead property included in the estate and the personal
representative shall make, execute, and deliver to the county agency a lien
against the homestead property in the estate for any unpaid balance of the
claim to the claimant as provided under this section:
(a) (1) a sibling who resided in
the decedent medical assistance recipient's home at least one year before the
decedent's institutionalization and continuously since the date of
institutionalization; or
(b) (2) a son or daughter or a
grandchild who resided in the decedent medical assistance recipient's home for
at least two years immediately before the parent's or grandparent's
institutionalization and continuously since the date of institutionalization,
and who establishes by a preponderance of the evidence having provided care to
the parent or grandparent who received medical assistance, that the care was
provided before institutionalization, and that the care permitted the parent or
grandparent to reside at home rather than in an institution.
(b)
For purposes of this subdivision, "institutionalization" means receiving
care: (1) in a nursing facility or
swing bed, or intermediate care facility for persons with developmental
disabilities; or (2) through home and community-based services under section
256B.0915, 256B.092, or 256B.49.
Sec.
26. Minnesota Statutes 2006, section
256B.69, subdivision 6, is amended to read:
Subd.
6. Service
delivery. (a) Each demonstration
provider shall be responsible for the health care coordination for eligible
individuals. Demonstration providers:
(1)
shall authorize and arrange for the provision of all needed health services
including but not limited to the full range of services listed in sections
256B.02, subdivision 8, and 256B.0625 in order to ensure appropriate health
care is delivered to enrollees, notwithstanding section 256B.0621,
demonstration providers that provide nursing home and community-based services
under this section shall provide relocation service coordination to enrolled
persons age 65 and over;
(2)
shall accept the prospective, per capita payment from the commissioner in
return for the provision of comprehensive and coordinated health care services
for eligible individuals enrolled in the program;
(3)
may contract with other health care and social service practitioners to provide
services to enrollees; and
(4)
shall institute recipient grievance procedures according to the method
established by the project, utilizing applicable requirements of chapter
62D. Disputes not resolved through this
process shall be appealable to the commissioner as provided in subdivision 11.
(b)
Demonstration providers must comply with the standards for claims settlement
under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other
health care and social service practitioners to provide services to enrollees. A demonstration provider must pay a clean
claim, as defined in Code of Federal Regulations, title 42, section 447.45(b),
within 30 business days of the date of acceptance of the claim.
Sec.
27. Minnesota Statutes 2006, section
256B.69, subdivision 27, is amended to read:
Subd.
27. Information for persons with limited English-language proficiency. Managed care contracts entered into under
this section and sections 256D.03, subdivision 4, paragraph (c), and 256L.12
must require demonstration providers to inform enrollees that upon request
the enrollee can obtain a certificate of coverage in the following
languages: Spanish, Hmong, Laotian,
Russian, Somali, Vietnamese, or Cambodian.
Upon request, the demonstration provider must provide the enrollee with a
certificate of coverage in the specified language of preference provide
language assistance to enrollees that ensures meaningful access to its programs
and services according to Title VI of the Civil Rights Act and federal
regulations adopted under that law or any guidance from the United States
Department of Health and Human Services.
Sec.
28. Minnesota Statutes 2007 Supplement,
section 256D.03, subdivision 3, is amended to read:
Subd.
3. General
assistance medical care; eligibility.
(a) General assistance medical care may be paid for any person who is
not eligible for medical assistance under chapter 256B, including eligibility
for medical assistance based on a spenddown of excess income according to
section 256B.056, subdivision 5, or MinnesotaCare as defined in paragraph (b),
except as provided in paragraph (c), and:
(1)
who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or
who is having a payment made on the person's behalf under sections 256I.01 to
256I.06; or
(2)
who is a resident of Minnesota; and
(i)
who has gross countable income not in excess of 75 percent of the federal
poverty guidelines for the family size, using a six-month budget period and
whose equity in assets is not in excess of $1,000 per assistance unit. General assistance medical care is not
available for applicants or enrollees who are otherwise eligible for medical
assistance but fail to verify their assets.
Enrollees who become eligible for medical assistance shall be terminated
and transferred to medical assistance.
Exempt assets, the reduction of excess assets, and the waiver of excess
assets must conform to the medical assistance program in section 256B.056,
subdivision 3, with the following exception:
the maximum amount of undistributed funds in a trust that could be
distributed to or on behalf of the beneficiary by the trustee, assuming the
full exercise of the trustee's discretion under the terms of the trust, must be
applied toward the asset maximum;
(ii)
who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines
for the family size, using a six-month budget period, whose equity in assets is
not in excess of the limits in section 256B.056, subdivision 3c, and who
applies during an inpatient hospitalization; or
(iii)
the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication
by the United States Department of Health and Human Services.
(b)
Effective for applications and renewals processed on or after September 1,
2006, general assistance medical care may not be paid for applicants or
recipients who are adults with dependent children under 21 whose gross family
income is equal to or less than 275 percent of the federal poverty guidelines
who are not described in paragraph (e).
(c)
Effective for applications and renewals processed on or after September 1,
2006, general assistance medical care may be paid for applicants and recipients
who meet all eligibility requirements of paragraph (a), clause (2), item (i),
for a temporary period beginning the date of application. Immediately following approval of general
assistance medical care, enrollees shall be enrolled in MinnesotaCare under
section 256L.04, subdivision 7, with covered services as provided in section
256L.03 for the rest of the six-month general assistance medical care eligibility
period, until their six-month renewal.
(d) To
be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.
(e)
Applicants and recipients eligible under paragraph (a), clause (1); who are
exempt from the MinnesotaCare enrollment requirements in this subdivision if
they:
(1)
have
applied for and are awaiting a determination of blindness or disability by the
state medical review team or a determination of eligibility for Supplemental
Security Income or Social Security Disability Insurance by the Social Security
Administration; who
(2) fail to meet the
requirements of section 256L.09, subdivision 2; who
(3) are homeless as defined by
United States Code, title 42, section 11301, et seq.; who
(4) are classified as end-stage
renal disease beneficiaries in the Medicare program; who
(5) are enrolled in private
health care coverage as defined in section 256B.02, subdivision 9; who
(6) are eligible under paragraph
(j); or who
(7) receive treatment funded
pursuant to section 254B.02 are exempt from the MinnesotaCare enrollment
requirements of this subdivision; or
(8)
reside in the Minnesota sex offender program defined in chapter 246B.
(f)
For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application.
For individuals eligible under paragraph (a), clause (2), item (i), a
redetermination of eligibility must occur every 12 months. Individuals are eligible under paragraph
(a), clause (2), item (ii), only during inpatient hospitalization but may
reapply if there is a subsequent period of inpatient hospitalization.
(g)
Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in
paragraph (c) and submitted to the county agency shall be determined for
MinnesotaCare eligibility by the county agency. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available in any
month during which MinnesotaCare enrollment is pending. Upon notification of eligibility for
MinnesotaCare, notice of termination for eligibility for general assistance
medical care shall be sent to an applicant or recipient. If all other eligibility requirements of
this subdivision are met, eligibility for general assistance medical care shall
be available until enrollment in MinnesotaCare subject to the provisions of
paragraphs (c), (e), and (f).
(h)
The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has
provided a name, address, and Social Security number, signed and dated, to the
county agency or the Department of Human Services. If the applicant is unable to provide a name, address, Social
Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's
behalf to establish the date of an initial Minnesota health care program
application by providing the county agency or Department of Human Services with
provider identification and a temporary unique identifier for the applicant. The applicant must complete the remainder of
the application and provide necessary verification before eligibility can be
determined. The county agency must
assist the applicant in obtaining verification if necessary.
(i)
County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine
eligibility for general assistance medical care or MinnesotaCare. Such use shall be considered sufficient in
order to determine eligibility and premium payments by the county agency.
(j)
General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a
county correctional or detention facility as a person accused or convicted of a
crime, or admitted as an inpatient to a hospital on a criminal hold order, and
the person is a recipient of general assistance medical care at the time the
person is detained by law or admitted on a criminal hold order and as long as
the person continues to meet other eligibility requirements of this
subdivision.
(k)
General assistance medical care is not available for applicants or recipients
who do not cooperate with the county agency to meet the requirements of medical
assistance.
(l) In
determining the amount of assets of an individual eligible under paragraph (a),
clause (2), item (i), there shall be included any asset or interest in an
asset, including an asset excluded under paragraph (a), that was given away,
sold, or disposed of for less than fair market value within the 60 months
preceding application for general assistance medical care or during the period
of eligibility. Any transfer described
in this paragraph shall be presumed to have been for the purpose of
establishing eligibility for general assistance medical care, unless the
individual furnishes convincing evidence to establish that the transaction was
exclusively for another purpose. For
purposes of this paragraph, the value of the asset or interest shall be the
fair market value at the time it was given away, sold, or disposed of, less the
amount of compensation received. For
any uncompensated transfer, the number of months of ineligibility, including
partial months, shall be calculated by dividing the uncompensated transfer amount
by the average monthly per person payment made by the medical assistance
program to skilled nursing facilities for the previous calendar year. The individual shall remain ineligible until
this fixed period has expired. The
period of ineligibility may exceed 30 months, and a reapplication for benefits
after 30 months from the date of the transfer shall not result in eligibility
unless and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was
not reported, the month in which the county agency discovered the transfer,
whichever comes first. For applicants,
the period of ineligibility begins on the date of the first approved
application.
(m) When
determining eligibility for any state benefits under this subdivision, the
income and resources of all noncitizens shall be deemed to include their
sponsor's income and resources as defined in the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104-193,
sections 421 and 422, and subsequently set out in federal rules.
(n)
Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes
of this subdivision, a nonimmigrant is an individual in one or more of the
classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States
without the approval or acquiescence of the United States Citizenship and
Immigration Services.
(o)
Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is
ineligible for general assistance medical care.
(p)
Effective July 1, 2003, general assistance medical care emergency services end.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
29. Minnesota Statutes 2006, section
524.3-803, is amended to read:
524.3-803 LIMITATIONS ON PRESENTATION OF
CLAIMS.
(a)
All claims as defined in section 524.1-201(6), against a decedent's estate
which arose before the death of the decedent, including claims of the state and
any subdivision thereof, whether due or to become due, absolute or contingent,
liquidated or unliquidated, if not barred earlier by other statute of
limitations, are barred against the estate, the personal representative, and
the heirs and devisees of the decedent, unless presented as follows:
(1) in
the case of a creditor who is only entitled, under the United States
Constitution and under the Minnesota Constitution, to notice by publication
under section 524.3-801, within four months after the date of the court
administrator's notice to creditors which is subsequently published pursuant to
section 524.3-801;
(2) in
the case of a creditor who was served with notice under section 524.3-801(c),
within the later to expire of four months after the date of the first
publication of notice to creditors or one month after the service;
(3)
within the later to expire of one year after the decedent's death, or one year
after June 16, 1989, whether or not notice to creditors has been published or
served under section 524.3-801, provided, however, that in the case of a
decedent who died before June 16, 1989, no claim which was then barred by any
provision of law may be deemed to have been revived by the amendment of this
section. Claims authorized by
section 246.53, 256B.15, or 256D.16 must not be barred after one year as
provided in this clause.
(b)
All claims against a decedent's estate which arise at or after the death of the
decedent, including claims of the state and any subdivision thereof, whether
due or to become due, absolute or contingent, liquidated or unliquidated, are
barred against the estate, the personal representative, and the heirs and
devisees of the decedent, unless presented as follows:
(1) a
claim based on a contract with the personal representative, within four months
after performance by the personal representative is due;
(2)
any other claim, within four months after it arises.
(c)
Nothing in this section affects or prevents:
(1)
any proceeding to enforce any mortgage, pledge, or other lien upon property of
the estate;
(2)
any proceeding to establish liability of the decedent or the personal
representative for which there is protection by liability insurance, to the
limits of the insurance protection only;
(3)
the presentment and payment at any time within one year after the decedent's
death of any claim arising before the death of the decedent that is referred to
in section 524.3-715, clause (18), although the same may be otherwise barred
under this section; or
(4)
the presentment and payment at any time before a petition is filed in
compliance with section 524.3-1001 or 524.3-1002 or a closing statement is
filed under section 524.3-1003, of:
(i)
any claim arising after the death of the decedent that is referred to in
section 524.3-715, clause (18), although the same may be otherwise barred
hereunder;
(ii)
any other claim, including claims subject to clause (3), which would otherwise
be barred hereunder, upon allowance by the court upon petition of the personal
representative or the claimant for cause shown on notice and hearing as the
court may direct."
Delete
the title and insert:
"A
bill for an act relating to human services; amending health care services
provisions; making changes to general assistance medical care, medical
assistance, and MinnesotaCare; modifying claims, liens, and treatment of assets;
establishing a statewide information exchange; amending Minnesota Statutes
2006, sections 256B.056, subdivisions 2, 4a, 11, by adding a subdivision;
256B.057, subdivision 1; 256B.0571, subdivisions 8, 9, 15, by adding a
subdivision; 256B.058; 256B.059, subdivisions 1, 1a; 256B.0594; 256B.0595,
subdivisions 1, 2, 3, 4, by adding subdivisions; 256B.0625, subdivision 13g;
256B.075, subdivision 2; 256B.15, subdivision 4; 256B.69, subdivisions 6, 27;
524.3-803; Minnesota Statutes 2007 Supplement, sections 256B.055, subdivision
14; 256B.0625, subdivision 49; 256D.03, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 256B."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3238, A bill for an act relating to waters; providing for sustainable water
use; requiring conservation rate structures; requiring drinking water emergency
management plan; requiring disclosure of contaminated wells; requiring sharing
groundwater information; creating Pollution Control Agency ombudsman for
groundwater pollution education and assistance; extending the expiration date
for the Metropolitan Area Water Supply Advisory Committee; amending Minnesota
Statutes 2006, sections 103G.101, subdivision 1; 103G.291, by adding a
subdivision; 103I.236; 473.1565, subdivision 2; Minnesota Statutes 2007
Supplement, section 103G.291, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapters 103G; 103H; 116.
Reported
the same back with the following amendments:
Page
2, line 34, after the period, insert "The rate structure must consider
each residential unit as an individual user in multiple-family dwellings."
Page
3, line 6, after "users" insert ", as of the effective
date of this act,"
Page
3, delete section 4
Page
3, line 30, after "Agency" insert "and with the
Metropolitan Council"
Page
4, line 17, delete "be contaminated" and insert "exceed
state health standards"
Page
5, after line 28, insert:
"Sec.
7. Minnesota Statutes 2007 Supplement,
section 473.1565, subdivision 1, is amended to read:
Subdivision
1. Planning
activities. (a) The Metropolitan
Council must carry out planning activities addressing the water supply needs of
the metropolitan area as defined in section 473.121, subdivision 2. The planning activities must include, at a
minimum:
(1)
development and maintenance of a base of technical information needed for sound
water supply decisions including surface and groundwater availability analyses,
water demand projections, water withdrawal and use impact analyses, modeling,
and similar studies, subject to any applicable requirements under section
103H.176;
(2)
development and periodic update of a metropolitan area master water supply
plan, prepared in cooperation with and subject to the approval of the
commissioner of natural resources, that:
(i)
provides guidance for local water supply systems and future regional
investments;
(ii)
emphasizes conservation, interjurisdictional cooperation, and long-term
sustainability; and
(iii)
addresses the reliability, security, and cost-effectiveness of the metropolitan
area water supply system and its local and subregional components;
(3)
recommendations for clarifying the appropriate roles and responsibilities of
local, regional, and state government in metropolitan area water supply;
(4)
recommendations for streamlining and consolidating metropolitan area water
supply decision-making and approval processes; and
(5)
recommendations for the ongoing and long-term funding of metropolitan area
water supply planning activities and capital investments.
(b)
The council must carry out the planning activities in this subdivision in
consultation with the Metropolitan Area Water Supply Advisory Committee
established in subdivision 2."
Renumber
the sections in sequence
Correct
the title numbers accordingly
Amend
the title as follows:
Page
1, line 3, delete "requiring drinking water emergency management
plan;"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3240, A bill for an act relating to veterans; authorizing the placement of
a plaque in the court of honor on the Capitol grounds to honor Mexican-American
veterans of the United States armed forces.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. PURPOSE.
The
legislature and members of AMVETS Mexican-American Post 5 wish to honor
Mexican-American veterans and Minnesota veterans of all nationalities, ethnic
groups, and subgroups who have served honorably and bravely in the United
States armed forces at any time since the founding of this great nation, by
erecting an honorary plaque for them in the veterans court of honor on the
Capitol Mall.
Sec.
2. PLAQUE
HONORING MEXICAN-AMERICAN VETERANS.
A
memorial plaque may be placed in the court of honor on the Capitol grounds to
recognize the valiant service of all Mexican-American veterans and Minnesota
veterans of all other nationalities, ethnic groups, and subgroups who have
honorably and bravely served in the United States armed forces, during both
peacetime and war, since the founding of this great nation. The plaque must be furnished by the AMVETS
Mexican-American Post 5 and must be approved by the commissioner of veterans
affairs and the Capitol Area Architectural and Planning Board.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to veterans; authorizing the placement of a plaque in
the court of honor on the Capitol grounds to honor Mexican-American veterans
and Minnesota's veterans of all other nationalities, ethnic groups, and
subgroups who have served honorably and bravely at any time in the United
States Armed Forces."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3254, A bill for an act relating to health; changing provisions for health
professional educational loan forgiveness program; expanding access to dental
care services; amending Minnesota Statutes 2006, sections 144.1501,
subdivisions 1, 2, by adding subdivisions; 256B.037, subdivisions 1, 1b, 4, by
adding subdivisions; repealing Minnesota Statutes 2006, section 256B.037,
subdivisions 1a, 1c, 2, 5, 6.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 144.1501,
is amended by adding a subdivision to read:
Subd.
7. Dental
school student scholarship program.
The commissioner may award up to three scholarships each year to:
(1)
internationally trained dental students who enroll in the Program for Advanced
Standing Students at the University of Minnesota School of Dentistry and who
agree upon graduation from the program and licensure in Minnesota to provide
dental services through a nonprofit organization, community clinic, or
federally qualified community health center for a period of at least three
years; or
(2)
current dental school students who agree after graduation to provide dental
services in Minnesota through a nonprofit organization, community clinic, or
federally qualified community health center for a period of at least three
years.
Scholarships
awarded under the program must be at least $30,000 each year that the graduates
provide care under the scholarship agreement.
Sec.
2. COMMUNITY
DENTAL HEALTH COORDINATOR.
The
commissioner of health shall study the feasibility of the creation and use of
community dental health coordinators to help provide dental care access and
education to specific populations in need of dental care under state
programs. The commissioner shall
consider the education and training requirements of this new position as
developed by the American Dental Association and the success of this position
in other states piloting the use of community dental health coordinators. The commissioner shall report to the
legislature by January 2009 on whether the state should consider certification
or registration of community dental health coordinators in Minnesota.
Sec.
3. PUBLIC
DENTAL COVERAGE PROGRAM STUDY.
(a)
The commissioner of human services shall undertake a study to determine whether
alternative approaches to offering dental coverage to public programs enrollees
would result in:
(1)
improved access to dental care;
(2)
cost savings to providers and the department; and
(3)
improved quality and outcomes of care.
Alternatives
considered shall include moving to a single dental plan administrator,
retaining the current model, and other innovative approaches. Issues relating to chronic disease
management, medical and dental interface, plan payment approaches, and provider
payment should also be addressed. The
report must make a recommendation on whether to alter the current approach to
contracting for dental services, and include a detailed plan on how to
implement any changes. The commissioner
shall consult with dentists, safety net dental providers, dental plans, health
plans and county-based purchasing organizations, patients and advocates, and
other interested parties in developing their findings and recommendations.
(b)
By December 15, 2008, the commissioner of human services shall report findings
and recommendations to the chairs of the house of representatives and senate
committees having jurisdiction over health and human services policy and
finance.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. REPEALER.
Laws
2003, First Special Session chapter 5, section 11, is repealed."
Delete
the title and insert:
"A
bill for an act relating to health; establishing dental school student
scholarship program; requiring a study on community dental health coordinator
and public dental coverage program; amending Minnesota Statutes 2006, section
144.1501, by adding a subdivision; repealing Laws 2003, First Special Session
chapter 5, section 11."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3263, A bill for an act relating to education; integrating instruction
about the contributions of Minnesota American Indian tribes and communities
into teacher preparation and licensing requirements; appropriating money;
amending Minnesota Statutes 2006, section 122A.09, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 124D; 127A.
Reported
the same back with the following amendments:
Page
3, line 21, delete "COMMITTEES" and insert "COMMITTEE"
Page
3, line 23, delete "create one or"
Page
3, line 24, delete "more" and insert "establish an"
and delete "committees" and insert "committee"
Page
3, line 31, delete "Each" and insert "The"
Page
4, line 1, delete "Each" and insert "The"
Page
4, line 3, delete "each" and insert "the"
Page
4, line 6, delete "Indians" and insert "Indian"
and after "must" insert "coordinate department efforts
to"
Page
4, line 19, delete "coordinate department" and insert "provide"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3292, A bill for an act relating to education; managing school trust fund
lands; improving the returns for school trust fund lands; redefining the
mission of the Permanent School Fund Advisory Committee; providing a report;
amending Minnesota Statutes 2006, sections 84.027, by adding a subdivision;
127A.30.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3293, A bill for an act relating to environment; requiring the Pollution
Control Agency to analyze cumulative pollution effects in an area prior to issuing
a permit; amending Minnesota Statutes 2006, section 116.07, subdivision 4a.
Reported
the same back with the following amendments:
Page
1, delete lines 18 to 21 and insert:
"After
July 1, 2008, the agency may not issue a permit to a facility without analyzing
and considering the cumulative levels and effects of past and current
environmental pollution from all sources on the environment and residents of
the geographic area within which the facility's emissions are likely to be
deposited, provided that the facility is located in a community in a city of
the first class in Hennepin County that meets all of the following conditions:
(1)
is within a half mile of a site designated by the federal government as an EPA
superfund site;
(2)
a majority of the population are low-income persons of color and American
Indians;
(3)
a disproportionate percent of the children have childhood lead poisoning,
asthma, or other environmentally related health problems;
(4)
is located in a city that has experienced 13 air quality alert days of
dangerous air quality for sensitive populations between February 2007 and
February 2008; and
(5)
is located near the junctions of several heavily trafficked state and county
highways and two one-way streets which carry both truck and auto traffic."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Rukavina
from the Higher Education and Work Force Development Policy and Finance
Division to which was referred:
H. F.
No. 3295, A bill for an act relating to economic development; clarifying
conflict of interest rules for local economic development authorities;
providing criminal penalties; amending Minnesota Statutes 2006, section
469.098.
Reported
the same back with the following amendments:
Page 3,
after line 2, insert:
"Subd.
7. Exceptions. The
exceptions in section 471.88 apply to this section.
EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Local Government and Metropolitan Affairs.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3297, A bill for an act relating to the military; changing eligibility for
brevet promotion; amending Minnesota Statutes 2006, section 192.20.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3298, A bill for an act relating to the military; repealing authorization
for the state Persian Gulf War ribbon; repealing Minnesota Statutes 2006,
section 190.17.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3309, A bill for an act relating to state government; codifying the transfer
of employee relations duties to the Department of Finance and other agencies;
amending Minnesota Statutes 2006, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivision 2; 16A.055, subdivision 1; 16B.87, subdivision 1; 43A.04,
subdivisions 1, 9; 43A.044; 43A.05, subdivisions 1, 6; 43A.06, subdivisions 1,
3; 43A.08, subdivision 1a; 43A.17, subdivision 8;
43A.183,
subdivisions 3, 4, 5; 43A.23, subdivision 2; 43A.30, subdivisions 4, 5;
43A.311; 43A.48; 176.541, subdivisions 2, 3, 4, 6; 176.571; 176.572; 176.581;
176.591, subdivision 3; 176.603; 176.611, subdivisions 2, 2a, 3a; 356.215,
subdivision 2a; Minnesota Statutes 2007 Supplement, sections 16B.04,
subdivision 2; 43A.50, subdivisions 1, 2; 136F.42, subdivision 1; 353.03,
subdivision 3; repealing Minnesota Statutes 2006, sections 43A.03; 176.5401.
Reported
the same back with the following amendments:
Page
5, after line 2, insert:
"Sec.
8. Minnesota Statutes 2006, section
43A.04, subdivision 2, is amended to read:
Subd.
2. Executive
direction. The commissioner shall
direct all departmental services, appoint employees and may enter into
contracts to carry out the provisions of this chapter. The commissioner may appoint one deputy
with principal responsibility for employee relations. The deputy shall serve in the unclassified service."
Renumber
the sections in sequence and correct the internal references
Amend
the title as follows:
Page
1, line 3, after the semicolon, insert "permitting appointment of a deputy
for employee relations;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3328, A bill for an act relating to natural resources; creating a Minnesota
forests for the future program; proposing coding for new law in Minnesota
Statutes, chapter 84.
Reported
the same back with the following amendments:
Page
1, line 24, after "recreation" insert ", including all
nonmotorized and motorized vehicle use, including all-terrain vehicles,
off-road motorcycles, and snowmobiles"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3344, A bill for an act relating to veterans; changing veteran's preference
provisions; amending Minnesota Statutes 2006, sections 43A.11, subdivision 7;
197.455, subdivision 8.
Reported
the same back with the following amendments:
Page
1, after line 4, insert:
"Section
1. Minnesota Statutes 2006, section
43A.11, subdivision 1, is amended to read:
Subdivision
1. Creation. Recognizing that training and experience in
the military services of the government and loyalty and sacrifice for the
government are qualifications of merit which cannot be readily assessed by
examination, a veteran's preference shall be available pursuant to this section
and section 197.455 to a veteran as defined in section 197.447."
Page
1, line 19, delete "the higher rated"
Page
1, line 20, delete "person" and insert "among the top
half of qualifying persons"
Page
2, line 2, delete "and 2" and insert "to 3"
Renumber
the sections in sequence
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3361, A bill for an act relating to agriculture; changing certain payment
provisions for certain agricultural chemical corrective action costs; amending
Minnesota Statutes 2006, section 18E.04, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3362, A bill for an act relating to agriculture; authorizing certain
administrative actions related to pesticide and fertilizer regulation; amending
Minnesota Statutes 2006, section 18D.305, subdivision 2.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3364, A bill for an act relating to Minnesota Public Facilities Authority;
providing for wastewater infrastructure funding; providing for guarantee of
certain government building debt; providing a credit enhanced bond program;
appropriating money; amending Minnesota Statutes 2006, section 446A.12,
subdivision 1; Minnesota Statutes 2007 Supplement, sections 446A.072,
subdivisions 3, 5a; 446A.086; proposing coding for new law in Minnesota
Statutes, chapter 446A.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3376, A bill for an act relating to human services; amending the MFIP work
participation program; changing MFIP child care assistance provisions; making
technical changes; amending Minnesota Statutes 2006, sections 13.02,
subdivision 3a; 13.82, subdivision 1; 119B.011, subdivision 17; 119B.03,
subdivisions 1, 6; 119B.09, subdivision 1; 119B.125, by adding a subdivision;
119B.21, subdivision 10; 246.13, subdivision 2; 256E.30, subdivision 1;
256E.35, subdivision 7; 256J.24, subdivision 5; 256J.425, subdivision 1;
256J.54, subdivisions 2, 5; 256J.545; Minnesota Statutes 2007 Supplement,
sections 119B.125, subdivision 2; 119B.13, subdivisions 1, 7; 119B.21,
subdivision 5; 119B.231, subdivision 5; 245C.08, subdivision 2; 256E.35,
subdivision 2; 256J.20, subdivision 3; 256J.575, subdivision 1; 256J.626,
subdivision 7; 256J.95, subdivision 3; repealing Minnesota Statutes 2006,
section 256K.25.
Reported
the same back with the following amendments:
Page
2, line 10, after "2009" insert "and yearly thereafter"
Page
2, line 16, strike "the four quarterly measurements" and insert
"12 consecutive months"
Page
2, line 23, after "within" insert "or above"
Page
2, line 30, strike "the four quarterly measurements" and insert
"12 consecutive months"
Page
2, line 35, after "within" insert "or above"
Page
3, delete lines 4 to 36
Page
4, delete lines 1 to 6
Page
4, line 7, reinstate "(b)" and delete "(c)"
and after "2009" insert "and yearly thereafter"
Page
4, line 11, strike "four quarterly measurements" and insert "12
consecutive months"
Page
4, line 18, after "within" insert "or above"
Page
4, line 23, strike "four quarterly"
Page
4, line 24, strike "measurements"and insert "12 consecutive
months"
Page
4, line 28, after "within" insert "or above"
Page
4, delete lines 32 to 35
Page
5, delete lines 1 to 32
Page
5, line 33, reinstate "(c)" and delete "(e)"
Page
6, line 1, reinstate the stricken language and delete the new language
Page
7, after line 7, insert:
"Sec.
2. Minnesota Statutes 2006, section
119B.09, subdivision 9, is amended to read:
Subd.
9. Licensed
and legal nonlicensed family child care providers; assistance. Licensed and legal nonlicensed family child
care providers and their employees are not eligible to receive child
care assistance subsidies under this chapter for their own children or children
in their family during the hours they are providing child care or being paid to
provide child care. Child care
providers and their employees are eligible to receive child care
assistance subsidies for their children when they are engaged in other
activities that meet the requirements of this chapter and for which child care
assistance can be paid. The hours for
which the provider or their employee receives a child care subsidy for
their own children must not overlap with the hours the provider provides child
care services."
Page
16, line 25, after the semicolon, insert "or"
Page
16, line 26, after "nonlicensed" insert "or"
and delete "child" and insert ", friend, and neighbor"
and delete "; or" and insert a period
Page
16, delete line 27
Page
20, after line 3, insert:
"Sec.
3. Minnesota Statutes 2007 Supplement,
section 256J.49, subdivision 13, is amended to read:
Subd.
13. Work activity. "Work
activity" means any activity in a participant's approved employment plan
that leads to employment. For purposes
of the MFIP program, this includes activities that meet the definition of work
activity under the participation requirements of TANF. Work activity includes:
(1)
unsubsidized employment, including work study and paid apprenticeships or
internships;
(2)
subsidized private sector or public sector employment, including grant
diversion as specified in section 256J.69, on-the-job training as specified in
section 256J.66, the self-employment investment demonstration program (SEID)
as specified in section 256J.65, paid work experience, and supported work
when a wage subsidy is provided;
(3)
unpaid work experience, including community service, volunteer work, the
community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not
provided. Unpaid work experience is
only an option if the participant has been unable to obtain or maintain paid
employment in the competitive labor market, and no paid work experience programs
are available to the participant. Unless
a participant consents to participating in unpaid work experience, the
participant's employment plan may only include unpaid work experience if
including the unpaid work experience in the plan will meet the following
criteria:
(i)
the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where
the participant resides or is willing to reside; and
(ii)
the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the
unpaid work experience;
(4)
job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job
readiness education, including English as a second language (ESL) or functional
work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section
256J.531, subdivision 1;
(6)
job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by
the provisions of section 256J.53;
(7)
providing child care services to a participant who is working in a community
service program;
(8)
activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
(9)
preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective
services; family stabilization services; or other programs designed to enhance
employability.
Sec.
4. Minnesota Statutes 2006, section
256J.521, subdivision 4, is amended to read:
Subd.
4. Self-employment. (a) Self-employment activities may be
included in an employment plan contingent on the development of a business plan
which establishes a timetable and earning goals that will result in the
participant exiting MFIP assistance.
Business plans must be developed with assistance from an individual or
organization with expertise in small business as approved by the job counselor.
(b)
Participants with an approved plan that includes self-employment must meet the
participation requirements in section 256J.55, subdivision 1. Only hours where the participant earns at
least minimum wage shall be counted toward the requirement. Additional activities and hours necessary to
meet the participation requirements in section 256J.55, subdivision 1, must be
included in the employment plan.
(c)
Employment plans which include self-employment activities must be reviewed
every three months. Participants who
fail, without good cause, to make satisfactory progress as established in the
business plan must revise the employment plan to replace the self-employment
with other approved work activities.
(d)
The requirements of this subdivision may be waived for participants who are
enrolled in the self-employment investment demonstration program (SEID) under
section 256J.65, and who make satisfactory progress as determined by the job
counselor and the SEID provider."
Page
21, delete section 6
Page
23, delete sections 1 and 2
Page
24, delete section 4
Renumber
the sections in sequence and correct the internal references
Amend
the title as follows:
Page
1, line 3, delete "MFIP"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3378, A bill for an act relating to gambling; clarifying definition of
gambling device; repealing a provision relating to manufacture of gambling
devices or components for shipment to other jurisdictions; amending Minnesota
Statutes 2006, section 609.75, subdivision 4; repealing Minnesota Statutes
2006, section 349.40.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3390, A bill for an act relating to public health; adding nutrition as a
required academic standard; requiring a BMI monitoring program for children and
youth; establishing a statewide health improvement program; establishing a
health, nutrition, and physical education advisory council; requiring reports;
appropriating money; amending Minnesota Statutes 2007 Supplement, section
120B.021, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 120B; 145.
Reported
the same back with the following amendments:
Page
2, line 23, delete "120B.0215" and insert "145.987"
Page
2, line 24, delete "commissioners of education and" and insert
"commissioner of" and after "health" insert
"in consultation with the commissioner of education" and
delete "collaboratively"
Page
3, lines 32 to 33, delete "ADVISORY COUNCIL" and insert "WORK
GROUP"
Page
4, line 1, delete "an advisory council" and insert "a
work group"
Page
4, lines 1, 3, 4, 13, 26, and 32, delete "advisory council"
and insert "work group"
Page
4, delete line 9
Page
4, line 10, delete "(iv)" and insert "(iii)"
Page
4, line 11, delete "(v)" and insert "(iv)"
Page
4, line 12, delete "(vi)" and insert "(v)"
Page
4, delete line 24 and insert:
"(viii)
the Minnesota School Nutrition Association may appoint one member; and"
Page
4, line 25, delete "(viii)" and insert "(ix)"
Page
4, line 31, after the period, insert "The recommendations shall include
cost estimates for curriculum standards implementation."
Page
5, line 1, delete "advisory council" and insert "work
group"
Renumber
the sections in sequence and correct internal references
Amend
the title as follows:
Page
1, line 5, delete "advisory council" and insert "work
group"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3391, A bill for an act relating to health care reform; increasing
affordability and continuity of care for state health care programs; modifying
health care provisions; providing subsidies for employee share of
employer-subsidized insurance; establishing the Minnesota Health Insurance
Exchange; requiring certain employers to offer Section 125 Plan; establishing
the Health Care Transformation Commission; creating an affordability standard;
requiring mandated reports; appropriating money; amending Minnesota Statutes
2006, sections 62A.65, subdivision 3; 62E.141; 62L.12, subdivisions 2, 4;
256.01, by adding subdivisions; 256B.061; 256B.69, by adding a subdivision;
256D.03, by adding a subdivision; 256L.05, by adding a subdivision; 256L.06,
subdivision 3; 256L.07, subdivision 3; 256L.15, by adding a subdivision;
Minnesota Statutes 2007 Supplement, sections 13.46, subdivision 2; 256B.056,
subdivision 10; 256L.03, subdivisions 3, 5; 256L.04, subdivisions 1, 7;
256L.05, subdivision 3a; 256L.07, subdivision 1; 256L.15, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 256B; proposing
coding for new law as Minnesota Statutes, chapter 62U; repealing Minnesota
Statutes 2006, section 256L.15, subdivision 3.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Commerce and Labor.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3397, A bill for an act relating to lawful gambling; making changes to
expenditure restrictions; modifying bingo games and prizes; making clarifying
and technical changes to lawful gambling; amending Minnesota Statutes 2006,
section 349.213, subdivisions 1, 3; Minnesota Statutes 2007 Supplement,
sections 349.15, subdivision 1; 349.17, subdivision 8; 349.211, subdivisions 2,
2a, 2c, 3, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
349.12, subdivision 18, is amended to read:
Subd.
18. Gambling equipment.
"Gambling equipment" means:
bingo hard cards or paper sheets, linked bingo paper sheets, devices for
selecting bingo numbers, electronic bingo devices, pull-tabs, jar tickets,
paddlewheels, paddlewheel tables, paddletickets, paddleticket cards, tipboards,
tipboard tickets, promotional tickets that mimic a pull-tab or tipboard,
and pull-tab dispensing devices.
Sec.
2. Minnesota Statutes 2006, section
349.12, subdivision 31, is amended to read:
Subd.
31. Promotional ticket. A
pull-tab or tipboard ticket created and printed by a licensed manufacturer
with the words "no purchase necessary" and "for promotional use
only" and for which no consideration is given is a promotional ticket.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 349.15, subdivision 1, is amended to read:
Subdivision
1. Expenditure
restrictions. Gross profits from
lawful gambling may be expended only for lawful purposes or allowable expenses
as authorized by the membership of the conducting organization at a monthly
meeting of the organization's membership.
Provided that no more than 70 percent of the gross profit from bingo,
and no more than 60 percent of the gross profit from other forms of lawful
gambling, may be expended biennially during the term of the license for
allowable expenses related to lawful gambling, except that for the period of
July 1, 2008, to June 30, 2009, no more than 75 percent of the gross profit
from bingo, and no more than 65 percent of the gross profit from other forms of
lawful gambling, may be expended for allowable expenses related to lawful
gambling. For licenses issued after
June 30, 2006, compliance with this subdivision will be measured on a biennial
basis that is concurrent with the term of the license. Compliance with this subdivision is a
condition for the renewal of any license beginning on July 1, 2008. For licenses renewed with an effective date
between July 1, 2006, and June 30, 2008, an organization shall carry forward an
amount equal to 15 percent of any positive allowable expense carryover
amount. This balance must be used to
offset any future negative expense balance at the time of license renewal.
Sec.
4. Minnesota Statutes 2006, section
349.15, is amended by adding a subdivision to read:
Subd.
5. Civil
penalty. (a) If an
organization exceeds the expense limitation contained in subdivision 1, the
board may suspend the organization's license or impose a civil penalty as
follows:
(1)
up to five percent of the reimbursement amount for the first violation;
(2)
up to ten percent of the reimbursement amount for a second consecutive
violation; and
(3)
up to 25 percent of the reimbursement amount for subsequent consecutive
violations.
(b)
In determining any suspension or penalty for a violation of subdivision 1, the
board must consider any unique factors or extraordinary circumstances that
directly caused the organization to exceed the expense limitation. Unique factors or extraordinary
circumstances include, but are not limited to, the purchase of capital assets
necessary to conduct lawful gambling; road or other construction causing
impaired access to the lawful gambling premise; and flood, tornado, or other
catastrophe that had a direct impact on the continuing lawful gambling
operation.
(c)
Notwithstanding section 349.151, subdivision 4, paragraph (a), clause (10), the
board may impose a civil penalty under this subdivision that exceeds $500.
Sec.
5. Minnesota Statutes 2006, section
349.161, subdivision 1, is amended to read:
Subdivision
1. Prohibited
acts; licenses required. (a) No
person may:
(1)
sell, offer for sale, or furnish gambling equipment for use within the state
other than for lawful gambling exempt or excluded from licensing, except to an
organization licensed for lawful gambling;
(2)
sell, offer for sale, or furnish gambling equipment for use within the state
without having obtained a distributor license or a distributor salesperson
license under this section except that an organization authorized to conduct
bingo by the board may loan bingo hard cards and devices for selecting bingo
numbers to another organization authorized to conduct bingo;
(3)
sell, offer for sale, or furnish gambling equipment for use within the state
that is not purchased or obtained from a manufacturer or distributor licensed
under this chapter; or
(4)
sell, offer for sale, or furnish gambling equipment for use within the state
that has the same serial number as another item of gambling equipment of the
same type sold or offered for sale or furnished for use in the state by that
distributor.
(b) No
licensed distributor salesperson may sell, offer for sale, or furnish gambling
equipment for use within the state without being employed by a licensed
distributor or owning a distributor license.
Sec.
6. Minnesota Statutes 2006, section
349.161, subdivision 5, is amended to read:
Subd.
5. Prohibition. (a) No distributor, distributor salesperson,
or other employee of a distributor, may also be a wholesale distributor of
alcoholic beverages or an employee of a wholesale distributor of alcoholic
beverages.
(b) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor, may:
(1) be involved in the conduct of lawful gambling by an organization;
(2) keep or assist in the keeping of an organization's financial records,
accounts, and inventories; or (3) prepare or assist in the preparation of tax
forms and other reporting forms required to be submitted to the state by an
organization.
(c) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may provide a lessor of gambling premises
any compensation, gift, gratuity, premium, or other thing of value.
(d) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may provide an employee or agent of the
organization any compensation, gift, gratuity, premium, or other thing of value
greater than $25 per organization in a calendar year.
(e) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may participate in any gambling activity at
any gambling site or premises where gambling equipment purchased from that
distributor or distributor salesperson is being used in the conduct of lawful
gambling.
(f) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may alter or modify any gambling equipment,
except to add a "last ticket sold" prize sticker.
(g) No
distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may:
(1) recruit a person to become a gambling manager of an organization or
identify to an organization a person as a candidate to become gambling manager
for the organization; or (2) identify for an organization a potential gambling
location.
(h) No
distributor or distributor salesperson may purchase gambling equipment for
resale to a person for use within the state from any person not licensed as a
manufacturer under section 349.163, except for gambling equipment returned from
an organization licensed under section 349.16, or exempt or excluded from
licensing under section 349.166.
(i) No
distributor or distributor salesperson may sell gambling equipment, except
gambling equipment identified as a promotional ticket, to any person for
use in Minnesota other than (i) a licensed organization or organization
excluded or exempt from licensing, or (ii) the governing body of an Indian
tribe.
(j) No
distributor or distributor salesperson may sell or otherwise provide a pull-tab
or tipboard deal with the symbol required by section 349.163, subdivision 5,
paragraph (d), visible on the flare to any person other than in Minnesota to a
licensed organization or organization exempt from licensing.
Sec.
7. Minnesota Statutes 2006, section
349.1641, is amended to read:
349.1641 LICENSES; SUMMARY SUSPENSION.
The
board may (1) summarily suspend the license of an organization that is more
than three months late in filing a tax return or in paying a tax required under
chapter 297E and may keep the suspension in effect until all required returns
are filed and required taxes are paid; and (2) summarily suspend for not
more than 90 days any license issued by the board or director for what the
board determines are actions detrimental to the integrity of lawful gambling in
Minnesota; and (3) summarily suspend the license of a gambling manager who
has failed to receive the training required under section 349.167, subdivision
4, clause (2), and may keep the suspension in effect until the gambling manager
passes an examination prepared and administered by the board. The examination does not qualify as
continuing education credit for the next calendar year. The board must notify the licensee at least
14 days before suspending the license under this section. If a license is summarily suspended under
this section, a contested case hearing on the merits must be held within 20
days of the issuance of the order of suspension, unless the parties agree to a
later hearing date. The administrative
law judge's report must be issued within 20 days after the close of the hearing
record. In all cases involving summary
suspension, the board must issue its final decision within 30 days after
receipt of the report of the administrative law judge and subsequent exceptions
and argument under section 14.61. When
an organization's license is suspended under this section, the board shall
within three days notify all municipalities in which the organization's
gambling premises are located and all licensed distributors in the state.
Sec.
8. Minnesota Statutes 2006, section
349.167, subdivision 2, is amended to read:
Subd.
2. Gambling
managers; licenses. A person may
not serve as a gambling manager for an organization unless the person possesses
a valid gambling manager's license issued by the board. In addition to the disqualifications in
section 349.155, subdivision 3, the board may not issue a gambling manager's
license to a person applying for the license who:
(1)
has not complied with subdivision 4, clause clauses (1) and
(2);
(2)
within the five years before the date of the license application, has committed
a violation of law or board rule that resulted in the revocation of a license
issued by the board;
(3)
has ever been convicted of a criminal violation involving fraud, theft, tax
evasion, misrepresentation, or gambling; or
(4)
has engaged in conduct the board determines is contrary to the public health,
welfare, or safety or the integrity of lawful gambling.
A gambling
manager's license runs concurrent with the organization's license unless the
gambling manager's license is suspended or revoked. The annual fee for a gambling manager's license is $100.
Sec.
9. Minnesota Statutes 2006, section
349.167, subdivision 4, is amended to read:
Subd.
4. Training
of gambling managers. The board
shall by rule require All persons licensed as gambling managers to
must receive periodic training in laws and rules governing lawful
gambling. The rules must contain
to comply with the following requirements:
(1)
each gambling manager must receive training within the last six months
before being issued a new license, except that in the case of the death,
disability, resignation, or termination of a gambling manager, a
replacement gambling manager must receive the training within 90 days of being
issued a license;
(2)
each gambling manager applying for a renewal of a license must have
received receive continuing education training, as required by
board rule, at least once during each calendar year of the
two-year license period, or pass a gambling manager examination as required in
subdivision 7; and
(3)
the training required by this subdivision may be provided by a person
authorized by the board to provide the training. Before authorizing a person to provide training, the board must
determine that:
(i)
the provider and all of the provider's personnel conducting the training are
qualified to do so;
(ii)
the curriculum to be used fully and accurately covers all elements of lawful
gambling law and rules that the board determines are necessary for a gambling
manager to know and understand;
(iii)
the fee to be charged for participants in the training sessions is fair and
reasonable; and
(iv)
the training provider has an adequate system for documenting completion of
training.
The
board or the director may provide the training required by this subdivision
using employees of the board.
Sec.
10. Minnesota Statutes 2006, section
349.167, subdivision 7, is amended to read:
Subd.
7. Gambling
manager examination. Each applicant
for a new gambling manager's license, and each renewing applicant that has
failed to receive training as required in subdivision 4, must pass an
examination prepared and administered by the board that tests the applicant's
knowledge of the responsibilities of gambling managers, and of gambling
procedures, laws, and rules before being issued the license. In the case of the death, disability,
resignation, or termination of a gambling manager, a replacement gambling
manager must pass the examination within 90 days of being issued a gambling
manager's license. The board shall
revoke the replacement gambling manager's license if the replacement gambling
manager fails to pass the examination as required in this subdivision.
Sec.
11. Minnesota Statutes 2006, section
349.17, subdivision 7, is amended to read:
Subd.
7. Bar
bingo. An organization may conduct
bar bingo subject to the following restrictions:
(1)
the bingo is conducted at a site the organization owns or leases and which has
a license for the sale of intoxicating beverages on the premises under chapter
340A;
(2)
the bingo is conducted using only bingo paper sheets purchased from a licensed
distributor; and
(3) no
rent may be paid for a bar bingo occasion.; and
(4)
the lessor's immediate family and employees may participate if they are not
involved with the sale or operation of bar bingo.
Sec.
12. Minnesota Statutes 2007 Supplement,
section 349.17, subdivision 8, is amended to read:
Subd.
8. Linked
bingo games. (a) A licensed
organization may conduct or participate in not more than two linked bingo games
per occasion, one of which may be a progressive game in which a portion of the
prize is carried over from one occasion to another until won by a player
achieving a bingo within a predetermined amount of bingo numbers called.
(b)
Each participating licensed organization shall contribute to each prize awarded
in a linked bingo game in an amount not to exceed $300.
(c) An
electronic bingo device as defined in section 349.12, subdivision 12a, may be
used for a linked bingo game.
(d)
The board
may adopt rules to:
(1)
specify the manner in which a linked bingo game must be played and how the
linked bingo prizes must be awarded;
(2)
specify the records to be maintained by a linked bingo game provider;
(3)
require the submission of periodic reports by the linked bingo game provider
and specify the content of the reports;
(4)
establish the qualifications required to be licensed as a linked bingo game
provider; and
(5)
any other matter involving the operation of a linked bingo game.
Sec.
13. Minnesota Statutes 2006, section
349.18, subdivision 1, is amended to read:
Subdivision
1. Lease
or ownership required; rent limitations.
(a) An organization may conduct lawful gambling only on premises it owns
or leases. Leases must be on a form
prescribed by the board. The term of
the lease may not begin before the effective date of the premises permit and
must expire on the same day that the premises permit expires. Leases approved by the board must specify
that the board may authorize an organization to withhold rent from a lessor for
a period of up to 90 days if the board determines that illegal gambling
occurred on the premises and that the lessor or its employees participated in
the illegal gambling or knew of the gambling and did not take prompt action to
stop the gambling. The lease must
authorize the continued tenancy of the organization without the payment of rent
during the time period determined by the board under this paragraph. Copies of all leases must be made available
to employees of the board and the Division of Alcohol and Gambling Enforcement
on request. The board may prescribe by
rule limits on the amount of rent which an organization may pay to a lessor for
premises leased for bingo. Any rule
adopted by the board limiting the amount of rent to be paid may only be
effective for leases entered into, or renewed, after the effective date of the
rule.
(b)
Rent paid by an organization for leased premises for the conduct of pull-tabs,
tipboards, and paddlewheels is subject to the following limits:
(1)
for booth operations, including booth operations where a pull-tab dispensing
device is located, booth operations where a bar operation is also conducted,
and booth operations where both a pull-tab dispensing device is located and a
bar operation is also conducted, the maximum rent is:
(i) in
any month where the organization's gross profit at those premises does not
exceed $4,000, up to $400; and
(ii)
in any month where the organization's gross profit at those premises exceeds
$4,000, up to $400 plus not more than ten percent of the gross profit for that
month in excess of $4,000;
(2)
for bar operations, including bar operations where a pull-tab dispensing device
is located but not including bar operations subject to clause (1), and for
locations where only a pull-tab dispensing device is located:
(i) in
any month where the organization's gross profit at those premises does not
exceed $1,000, up to $200; and
(ii)
in any month where the organization's gross profit at those premises exceeds
$1,000, up to $200 plus not more than 20 percent of the gross profit for that
month in excess of $1,000;
(3) a
lease not governed by clauses (1) and (2) must be approved by the board before
becoming effective;
(4)
total rent paid to a lessor from all organizations from leases governed by
clause (1) may not exceed $1,750 per month.
Total rent paid to a lessor from all organizations from leases governed
by clause (2) may not exceed $2,500 per month.
(c)
Rent paid by an organization for leased premises for the conduct of bingo is
subject to either of the following limits at the option of the parties to the
lease:
(1)
not more than ten percent of the monthly gross profit from all lawful gambling
activities held during bingo occasions excluding bar bingo or at a rate based
on a cost per square foot not to exceed 110 percent of a comparable cost per
square foot for leased space as approved by the director; and
(2) no
rent may be paid for bar bingo.
(d)
Amounts paid as rent under leases are all-inclusive. No other services or expenses provided or contracted by the
lessor may be paid by the organization, including, but not limited to, trash
removal, janitorial and cleaning services, snow removal, lawn services,
electricity, heat, security, security monitoring, storage, other utilities or
services, and, in the case of bar operations, cash shortages, unless approved
by the director. Any other expenditure
made by an organization that is related to a leased premises must be approved
by the director. An organization may
not provide any compensation or thing of value to a lessor or the lessor's
employees from any fund source other than its gambling account. Rent payments may not be made to an
individual.
(e)
Notwithstanding paragraph (b), an organization may pay a lessor for food or
beverages or meeting room rental if the charge made is comparable to similar
charges made to other individuals or groups.
(f) No
entity other than the licensed organization may conduct any activity within a
booth operation on a leased premises.
(g)
Employees of a lessor not involved in the conduct of lawful gambling on the
premises or nongambling employees of an organization conducting lawful gambling
on the premises may participate in lawful gambling on the premises provided if
pull-tabs or tipboards are sold, the organization posts the major prizes
awarded.
(h) A
gambling employee may purchase pull-tabs or tipboards at the site of the
employee's place of employment provided:
(1)
the organization posts the major prizes for pull-tab or tipboard games; and
(2)
the employee is not involved in the sale of pull-tabs or tipboards at that
site.
(i) At
a leased site where an organization uses a paddlewheel consisting of 30
32 numbers or less or a tipboard consisting of 30 32 tickets
or less, tickets may be sold throughout the permitted premises, but winning
tickets must be redeemed, the paddlewheel must be located, and the tipboard
seal must be opened within the leased premises.
Sec.
14. Minnesota Statutes 2006, section
349.19, subdivision 10, is amended to read:
Subd.
10. Pull-tab records. (a) The
board shall by rule require a licensed organization to require each winner of a
pull-tab prize of $50 or more to present identification in the form of a
driver's license, Minnesota identification card, or other identification the
board deems sufficient to allow the identification and tracing of the
winner. The rule must require the
organization to retain winning pull-tabs of $50 or more, and the identification
of the winner of the pull-tab, for 3-1/2 years.
(b) An
organization must maintain separate cash banks for each deal of pull-tabs
unless (1) two or more deals are commingled in the licensed organization
uses a pull-tab dispensing device, or (2) the organization uses a cash
register, of a type approved by the board, which records all sales of pull-tabs
by separate deals.
(c)
The board shall:
(1) by
rule adopt minimum technical standards for cash registers that may be used by
organizations, and shall approve for use by organizations any cash register
that meets the standards; and
(2)
before allowing an organization to use a cash register that commingles receipts
from several different pull-tab games in play, adopt rules that define how cash
registers may be used and that establish a procedure for organizations to
reconcile all pull-tab games in play at the end of each month.
Sec.
15. Minnesota Statutes 2006, section
349.191, subdivision 1a, is amended to read:
Subd.
1a. Credit and sales to delinquent organizations. (a) If a distributor or linked bingo game
provider does not receive payment in full from an organization within 35
30 days of the day immediately following the date of the invoice, the distributor
or linked bingo game provider must notify the board in writing of the
delinquency on the next business day.
(b) If
a distributor or linked bingo game provider who has notified the board under
paragraph (a) has not received payment in full from the organization within 60
days of the notification under paragraph (a), the distributor or linked bingo
game provider must notify the board of the continuing delinquency.
(c) On
receipt of a notice under paragraph (a), the board shall order all distributors
and linked bingo game providers that until further notice from the board, they
may sell gambling equipment to the delinquent organizations only on a cash
basis with no credit extended. On
receipt of a notice under paragraph (b), the board shall order all distributors
and linked bingo game providers not to sell any gambling equipment to the
delinquent organization.
(d) No
distributor or linked bingo game provider may extend credit or sell gambling
equipment to an organization in violation of an order under paragraph (c) until
the board has authorized such credit or sale.
Sec.
16. Minnesota Statutes 2006, section
349.191, subdivision 1b, is amended to read:
Subd.
1b. Credit and sales to delinquent distributors. (a) If a manufacturer does not receive
payment in full from a distributor within 35 30 days of the day
immediately following the date of invoice, the manufacturer must notify the
board in writing of the delinquency on the next business day.
(b) If
a manufacturer who has notified the board under paragraph (a) has not received
payment in full from the distributor within 60 days of the notification under
paragraph (a), the manufacturer must notify the board of the continuing
delinquency.
(c) On
receipt of a notice under paragraph (a), the board shall order all
manufacturers that until further notice from the board, they may sell gambling
equipment to the delinquent distributor only on a cash basis with no credit
extended. On receipt of a notice under
paragraph (b), the board shall order all manufacturers not to sell any gambling
equipment to the delinquent distributor.
(d) No
manufacturer may extend credit or sell gambling equipment to a distributor in
violation of an order under paragraph (c) until the board has authorized such
credit or sale.
Sec.
17. Minnesota Statutes 2007 Supplement,
section 349.211, subdivision 2, is amended to read:
Subd.
2. Progressive
bingo games. Except as provided in
subdivision 1a, a prize of up to $2,000 may be awarded for a progressive bingo
game, including a cover-all game. The
prize for a progressive bingo game may start at $500 and be increased by up to
$100 for each occasion during which the progressive bingo game is played. A consolation prize of up to $200 for a
progressive bingo game may be awarded in each occasion during which the
progressive bingo game is played and the accumulated prize is not won. The total amount awarded in progressive
bingo game prizes in any calendar year may not exceed $48,000.
Sec.
18. Minnesota Statutes 2007 Supplement,
section 349.211, subdivision 2a, is amended to read:
Subd.
2a. Pull-tab prizes. The
maximum prize which may be awarded for any single pull-tab is $599 for $2
and under pull-tabs, $899 for $3 pull-tabs, $1,199 for $4 pull-tabs, and $1,499
for $5 pull-tabs, not including any cumulative or carryover prizes. Cumulative or carryover prizes in a pull-tab
game shall not exceed $2,500. An
organization may not sell any pull-tab for more than $5.
Sec.
19. Minnesota Statutes 2007 Supplement,
section 349.211, subdivision 2c, is amended to read:
Subd.
2c. Tipboard prizes. The
maximum prize which may be awarded for a tipboard ticket is $599 for $2 and
under tipboard tickets, $899 for $3 tipboard tickets, $1,199 for $4 tipboard
tickets, and $1,499 for $5 tipboard tickets, not including any cumulative
or carryover prizes. Cumulative or
carryover prizes in tipboard games shall not exceed $2,500. An organization may not sell any tipboard ticket
for more than $5.
Sec.
20. Minnesota Statutes 2007 Supplement,
section 349.211, is amended by adding a subdivision to read:
Subd.
2d. Raffle
prizes. The board may not
impose an annual limit on the value of raffle prizes awarded by licensed
organizations but the total value of an individual raffle prize may not exceed
$50,000.
Sec.
21. Minnesota Statutes 2007 Supplement,
section 349.211, subdivision 3, is amended to read:
Subd.
3. Other
gambling. The board by rule shall
establish a schedule of prize limits for all other forms of gambling consistent
with the purposes set out in section 349.11.
The schedule may include daily and annual prize limits and prize
limits for each game, raffle or operation of a gambling device.
Sec.
22. Minnesota Statutes 2007 Supplement,
section 349.211, subdivision 4, is amended to read:
Subd.
4. Prize
value. (a) Merchandise prizes must
be valued at their fair market value.
For purposes of sections 349.11 to 349.22 "prizes" do not
include free plays awarded.
(b)
Merchandise prizes for a paddlewheel consisting of 30 32 numbers
or less or a tipboard consisting of 30 32 tickets or less may be
paid for by the organization up to 30 days after the prize is received by the
organization.
Sec.
23. Minnesota Statutes 2006, section
349.2113, is amended to read:
349.2113 PRIZE PAYOUT LIMIT.
On or
after January 1, 2004, a licensed organization may not put into play a pull-tab
or tipboard deal game that provides for a prize payout of greater
than 85 percent of the ideal gross of the deal game.
Sec.
24. LAWFUL GAMBLING STUDY AND REPORT.
The
Gambling Control Board shall review operational and regulatory procedures,
accounting functions, tax structure, and recent trends in lawful purpose
contributions and allowable expenses incurred by licensed charitable
organizations relating to lawful gambling activities. The board must seek public input including comment from licensees
and professionals working in the lawful gambling industry. The board must provide a report with recommendations
and proposed legislation, if any, to the chairs of the legislative standing
committees with jurisdiction over lawful gambling by January 15, 2009.
Sec.
25. EFFECTIVE DATE.
This
act is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to lawful gambling; modifying bingo games, pull-tabs,
tipboards, raffles, and prizes; modifying certain provisions of lawful
gambling; modifying certain gambling manager provisions; providing for civil
penalties; requiring a study and report on lawful gambling; amending Minnesota
Statutes 2006, sections 349.12, subdivisions 18, 31; 349.15, by adding a
subdivision; 349.161, subdivisions 1, 5; 349.1641; 349.167, subdivisions 2, 4,
7; 349.17, subdivision 7; 349.18, subdivision 1; 349.19, subdivision 10;
349.191, subdivisions 1a, 1b; 349.2113; Minnesota Statutes 2007 Supplement,
sections 349.15, subdivision 1; 349.17, subdivision 8; 349.211, subdivisions 2,
2a, 2c, 3, 4, by adding a subdivision."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3411, A bill for an act relating to motor fuels; updating standards for
petroleum products; amending Minnesota Statutes 2006, section 296A.01,
subdivisions 19, 35; Minnesota Statutes 2007 Supplement, sections 239.761;
239.77, subdivision 1; 296A.01, subdivisions 7, 8, 8a, 14, 20, 23, 24, 25, 26,
28.
Reported
the same back with the following amendments:
Page 1,
before line 7, insert:
"Section
1. Minnesota Statutes 2006, section
239.751, is amended by adding a subdivision to read:
Subd.
8. Use
of number to advertise grade of gasoline. If a number is used to advertise or identify a grade of
gasoline, that number can only be less than or equal to the octane of the
gasoline being advertised or identified."
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, after the second semicolon, insert "providing for use of number
to advertise grade of gasoline;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3429, A bill for an act relating to waters; providing for administrative
penalty orders; providing civil penalties; requiring an implementation plan;
providing a rulemaking exemption; proposing coding for new law in Minnesota
Statutes, chapter 103G.
Reported
the same back with the following amendments:
Page
4, line 32, delete "a" and insert "the related"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3438, A bill for an act relating to health; changing provisions for
handling genetic information; amending Minnesota Statutes 2006, section 13.386,
subdivision 3; Minnesota Statutes 2007 Supplement, section 144.125, subdivision
3.
Reported
the same back with the following amendments:
Page
1, line 22, before "specimens" insert "blood"
Page
2, line 33, delete the second "and"
Page
2, line 34, before the period, insert "; and (5) the ability to seek
private testing"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Health and Human Services.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3472, A bill for an act relating to education; providing for a plan to
reduce the achievement gap.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. SCHOOL
DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC ACHIEVEMENT.
Subdivision
1. District
academic achievement plan; priorities.
(a) A school district experiencing disparities in academic
achievement is encouraged to develop a short- and long-term plan encompassing
one through four years to significantly improve students' academic achievement
that uses concrete measures to eliminate differences in academic performance
among groups of students defined by race, ethnicity, and income. The plan must:
(1)
reflect a research-based understanding of high-performing educational systems
and best educational practices;
(2)
include innovative and practical strategies and programs, whether existing or
new, that supplement district initiatives to increase students' academic
achievement under state and federal educational accountability requirements;
and
(3)
contain valid and reliable measures of student achievement that the district
uses to demonstrate the efficacy of the district plan to the education
commissioner.
(b)
A district must address the elements under section 2, paragraph (a), to the
extent those elements are implicated in the district's plan.
(c)
A district must identify in its plan the strategies and programs the district
has implemented and found effective in improving students' academic
achievement.
(d)
The district must include with the plan the amount of expenditures necessary to
implement the plan. The district must
indicate how current resources are used to implement the plan, including, but not
limited to, state-limited English proficiency aid under Minnesota Statutes,
section 124D.65; integration revenue under Minnesota Statutes, section 124D.86;
early childhood family education revenue under Minnesota Statutes, section
124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic
skills revenue under Minnesota Statutes, section 126C.10, subdivision 4;
extended time revenue under Minnesota Statutes, section 126C.10, subdivision
2a; and alternative compensation revenue under Minnesota Statutes, section
122A.415.
Subd.
2. Plan. (a) A school district by October 1, 2008,
must submit its plan in electronic format to the commissioner, consistent with
subdivision 1.
(b)
The commissioner must analyze the commonalities and differences of the district
plans and the effective strategies and programs districts have implemented to
improve students' academic achievement, and submit the analysis and underlying
data to the advisory task force on improving students' academic achievement under
section 2 by November 1, 2008, and also report the substance of the analysis to
the education policy and finance committees of the legislature by January 1,
2009.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. ADVISORY
TASK FORCE ON IMPROVING STUDENTS' ACADEMIC ACHIEVEMENT.
(a)
An advisory task force on improving students' academic achievement is
established to review the plans submitted to the education commissioner under
section 1 and recommend to the education committees of the legislature a
proposal for improving students' academic achievement and eliminating
differences in academic performance among groups of students defined by race,
ethnicity, and income. The task force
members must at least consider how the following education-related issues
impact the educational achievement of low-income students and students of
color:
(1)
rigorous preparation and coursework and how to (i) effectively invest in early
childhood and parent education, (ii) increase academic rigor and high
expectations on elementary and secondary students in schools serving a majority
of low-income students and students of color, and (iii) provide parents,
educators, and community members with meaningful opportunities to collaborate
in educating students in schools serving a majority of low-income students and
students of color;
(2)
professional development for educators and how to (i) provide stronger
financial and professional incentives to attract and retain experienced,
bilingual, and culturally competent teachers and administrators in schools
serving a majority of low-income students and students of color, (ii) recruit
and retain teachers of color, and (iii) develop and include cultural
sensitivity and interpersonal and pedagogical skills training that teachers
need for effective intercultural teaching;
(3)
English language learners and how to (i) use well-designed tests, curricula,
and English as a second language programs and services as diagnostic tools to
develop effective student interventions, (ii) monitor students' language
capabilities, (iii) provide academic instruction in English that supports
students' learning and is appropriate for students' level of language
proficiency, and (iv) incorporate the perspectives and contributions of ethnic
and racial groups, consistent with Minnesota Statutes, section 120B.022,
subdivision 1, paragraph (b);
(4)
special education and how to (i) incorporate linguistic and cultural
sensitivity into special education diagnosis and referral, (ii) increase the
frequency and quality of prereferral interventions, and (iii) decrease the
number of minority and nonnative English-speaking students inappropriately
placed in special education;
(5)
GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into
the reading and math GRAD tests and (ii) develop interventions to meet
students' learning needs; and
(6)
valid and reliable data and how to use data on student on-time graduation
rates, student dropout rates, documented disciplinary actions, and completed
and rigorous course work indicators to determine how well-prepared low-income
students and students of color are for postsecondary academic and career
opportunities.
The
task force also must examine the findings of a 2008 report by Minnesota
superintendents on strategies for creating a world-class educational system to
establish priorities for improving students' academic achievement. The task force may consider other related
matters at its discretion.
(b)
The commissioner of education must convene the first meeting of the advisory
task force on improving students' academic achievement by July 1, 2008. The task force members must adopt internal
procedures and standards for subsequent meetings. The task force is composed of the following members:
(1)
a representative from a Twin Cities metropolitan area school district, a
suburban school district, a school district located in a regional center, and a
rural school district, all four representatives appointed by the state
demographer based on identified concentrations of low performing low-income
students and students of color;
(2)
a faculty member of a teacher preparation program at the University of
Minnesota's College of Education and Human Development appointed by the college
dean or the dean's designee;
(3)
a faculty member from the urban teachers program at Metropolitan State
University appointed by the university president or the president's designee;
(4)
a faculty member from a MnSCU teacher preparation program located outside the
Twin Cities metropolitan area appointed by the university president or the
president's designee;
(5)
a classroom teacher appointed by Education Minnesota;
(6)
an expert in early childhood care and education appointed by a state early
childhood organization;
(7)
a member from each state council representing a community of color appointed by
the respective council;
(8)
a curriculum specialist with expertise in providing language instruction for
nonnative English speakers appointed by a state curriculum organization;
(9)
a special education teacher appointed by a state organization of special
education educators;
(10)
a parent of color appointed by a state parent-teacher organization;
(11)
a district testing director appointed by a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and
researchers; and
(12)
a Minnesota Department of Education staff person with expertise in school
desegregation matters appointed by the education commissioner or the commissioner's
designee.
A
majority of task force members, at their discretion, may invite other
representatives of interested public or nonpublic organizations, Minnesota's
communities of color, and stakeholders in local and state educational equity to
become task force members. A majority
of task force members must be persons of color.
(c)
Task force members' terms and other task force matters are subject to Minnesota
Statutes, section 15.059. The
commissioner may reimburse task force members from the education department's
current operating budget but may not compensate task force members for task
force activities. By February 15, 2009,
the task force must submit a written proposal to the education policy and
finance committees of the legislature on how to significantly improve students'
academic achievement.
(d)
The advisory task force expires on February 16, 2009.
EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3474, A bill for an act relating to mortgages; redemption period; providing
for notice of sale; amending Minnesota Statutes 2006, section 582.032,
subdivision 2.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
582.032, subdivision 7, is amended to read:
Subd.
7. Hearing;
evidence; order. At the hearing on
the summons and complaint or order to show cause, the court shall enter an
order reducing the mortgagor's redemption period as provided in subdivision 2
or 3, as applicable, if evidence is presented supporting the allegations in the
complaint or motion and no appearance is made to oppose the relief sought. An affidavit by the sheriff or a deputy
sheriff of the county in which the mortgaged premises are located, or of a
building inspector, zoning administrator, housing official, or other municipal
or county official having jurisdiction over the mortgaged premises, stating
that the mortgaged premises are not actually occupied and further setting forth
any of the following supporting facts, is prima facie evidence of abandonment:
(1)
windows or entrances to the premises are boarded up or closed off, or multiple
window panes are broken and unrepaired;
(2)
doors to the premises are smashed through, broken off, unhinged, or
continuously unlocked;
(3)
gas, electric, or water service to the premises has been terminated;
(4)
rubbish, trash, or debris has accumulated on the mortgaged premises;
(5)
the police or sheriff's office has received at least two reports of trespassers
on the premises, or of vandalism or other illegal acts being committed on the
premises; or
(6)
the premises are deteriorating and are either below or are in imminent danger
of falling below minimum community standards for public safety and sanitation.
An
affidavit of the party foreclosing the mortgage or holding the sheriff's
certificate, or one of their agents or contractors, stating any of the above
supporting facts, and that the affiant has changed locks on the mortgaged
premises under section 582.031 and that for a period of ten days no party
having a legal possessory right has requested entrance to the premises, is also
prima facie evidence of abandonment.
Either affidavit described above, or an affidavit from any other person
having knowledge, may state facts supporting any other allegations in the
complaint or motion and is prima facie evidence of the same. Written statements of the mortgagor, the
mortgagor's personal representatives or assigns, including documents of
conveyance, which indicate a clear intent to abandon the
premises,
are conclusive evidence of abandonment.
In the absence of affidavits or written statements, or if rebuttal
evidence is offered by the defendant or a party lawfully claiming through the
defendant, the court may consider any competent evidence, including oral
testimony, concerning any allegation in the complaint or motion. A defendant's failure to appear at the
hearing after service of process in compliance with subdivision 6 is conclusive
evidence of abandonment by the defendant.
An order entered under this section must contain a legal description
of the mortgaged premises."
Delete
the title and insert:
"A
bill for an act relating to mortgages; providing for abandonment of premises
under certain circumstances; amending Minnesota Statutes 2006, section 582.032,
subdivision 7."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3476, A bill for an act relating to landlord and tenant; providing for
certain notices relating to foreclosure; amending Minnesota Statutes 2006,
sections 504B.151; 504B.178, subdivision 8; 504B.285, subdivision 1.
Reported
the same back with the following amendments:
Page
2, line 14, delete "Attornment" and insert "Transfer
of tenancy"
Page
2, line 15, delete "attorn to" and insert "become the
tenant of"
Page
2, line 19, delete "attorns" and insert "becomes the
tenant of the holder"
Page
2, line 20, delete "provides and the tenant receives" and
insert "mails, by first class mail to the tenant at the property
address,"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3483, A bill for an act relating to police officers; permitting police
officers to be represented by an attorney and a union representative at
disciplinary hearing; amending Minnesota Statutes 2006, section 626.89,
subdivision 9.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
626.89, subdivision 9, is amended to read:
Subd.
9. Presence
of attorney or and union representative. The officer whose formal statement is taken
has the right to have an attorney or a union representative of
the officer's choosing or an attorney retained by the officer, or both,
present during the session. The officer
may request the presence of an the attorney or the union
representative, or both, at any time before or during the session. When a request under this subdivision is
made, no formal statement may be taken until a reasonable opportunity is
provided for the officer to obtain the presence of the attorney or the
union representative."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3515, A bill for an act relating to environment; providing for publication
of adjustments to costs announced by the Petroleum Tank Release Compensation
Board; amending Minnesota Statutes 2006, section 115C.07, subdivision 3.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3516, A bill for an act relating to data practices; providing for certain
data practices relating to foreclosure; requiring a report; amending Minnesota
Statutes 2006, section 58.02, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 580.
Reported
the same back with the following amendments:
Page
1, line 9, after "A" insert ""transaction
agent" is the"
Page
2, line 7, delete "following" and after "information"
insert "required by this section"
Page
2, line 34, delete ", and expire July 31, 2013"
Amend
the title as follows:
Page
1, line 2, delete "data practices; providing for certain data practices
relating" and insert "mortgage foreclosure; providing specification
of certain information about a premises subject"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3540, A bill for an act relating to solid waste; amending the definition of
mixed municipal solid waste; defining reuse; establishing principles of product
stewardship; requiring recycling of construction and demolition waste in state
buildings; requiring a study; requiring a resource recovery facility to recover
and recycle metals; setting recycling goals for certain construction and
demolition projects; regulating waste management charges; setting standards for
compost containers; establishing eligibility of waste management activities as
greenhouse gas offset projects; exempting certain equipment from the state
sales tax; regulating charges for nonmixed municipal solid waste; allowing
residents to decline to receive local telephone directories; requiring a model
ordinance; establishing a task force; providing penalties; appropriating money;
amending Minnesota Statutes 2006, sections 115A.03, subdivisions 21, 32a, by
adding a subdivision; 115A.93, subdivisions 3, 3a; 115A.9301; 297A.68,
subdivision 24; 297H.02, subdivision 2; 297H.04; Minnesota Statutes 2007
Supplement, section 216B.241, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 16B; 115A; 325E; repealing Minnesota
Statutes 2006, sections 115A.175; 115A.18; 115A.19; 115A.191; 115A.192;
115A.194; 115A.195; 115A.20; 115A.24; 115A.28, subdivision 3; 115A.30;
115A.301; 115A.31; 115A.55, subdivision 4; 115A.5501, subdivision 1; 115A.551,
subdivision 7; Minnesota Statutes 2007 Supplement, sections 115A.193; 115A.28,
subdivision 2.
Reported
the same back with the following amendments:
Page
4, line 2, delete "making capital investments" and insert
"promoting stewardship programs,"
Page
4, line 3, delete "in buildings and infrastructure"
Page
5, delete section 7
Page
5, line 12, delete "...." and insert "1,000"
Pages
5 to 8, delete sections 9 to 11
Page
8, line 15, after "waste" insert "collected in the
seven-county metropolitan area and" and delete everything after "facility"
Page
9, delete sections 14 to 16
Page
11, line 22, delete ".. point" and insert "12-point"
Page
11, line 30, after the period, insert "The telephone number, mailing
address, and e-mail address must remain active for at least three years."
Page
12, after line 8, insert:
"(e)
A person publishing a telephone directory may ask a resident requesting to be
entered into the "Do Not Receive" registry for only the resident's
name, address, and telephone number.
(f)
A resident may not be charged a fee to be entered into the "Do Not
Receive" registry."
Page
12, line 18, delete "develop" and insert "arrange for
the development of" and after "ordinance" insert
"for counties"
Page
12, delete section 19 and insert:
"Sec.
12. REPORT ON 2020 GOALS.
By
January 1, 2009, the commissioner shall, after obtaining input from counties
inside and outside the seven-county metropolitan area, recycling and composting
facilities, waste haulers, environmental organizations, and other interested
parties, submit a report to the chairs and ranking minority members of the
senate and house committees with primary jurisdiction over solid waste policy,
that recommends options for achieving the following goals by 2020:
(1)
an increase in county recycling rates to 60 percent of the weight of total
solid waste generation; and
(2)
the diversion, prior to delivery to landfills and waste-to-energy plants, and recycling
and reuse of an amount of source-separated compostable materials equal to 15
percent of total solid waste generation.
The
report must also contain estimates of the economic costs of implementing the
strategies."
Page
13, delete section 20
Page 13,
line 27, delete "115A.31;"
Page
13, line 29, after "are" insert "repealed."
Renumber
the sections in sequence and correct the internal references
Amend
the title as follows:
Page
1, line 2, delete everything after the first semicolon and insert "modifying
the Waste Management Act; modifying definitions; establishing principles of
product stewardship; requiring recycling of construction and demolition waste;
setting standards for compost containers; establishing eligibility of waste
management activities as greenhouse gas offset projects; allowing residents to
decline to receive local telephone directories; requiring a model ordinance;
providing civil penalties; requiring a study;"
Page
1, delete lines 3 to 11
Page
1, line 12, delete everything before "amending"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Energy Finance and Policy Division.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3545, A bill for an act relating to environment; requiring reporting of
purchases and sales of certain gases; requiring disclosure of leakage rates of
air conditioners in motor vehicles; requiring the use of certain refrigerants
in mobile air conditioners under certain circumstances; prohibiting the sale of
certain refrigerants; requiring a report; amending Minnesota Statutes 2006,
sections 13.7411, by adding a subdivision; 115.071, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 216H.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
115.071, subdivision 1, is amended to read:
Subdivision
1. Remedies
available. The provisions of
sections 103F.701 to 103F.761, this chapter and chapters 114C, 115A, and 116,
and sections 216H.10 to 216H.15, 325E.10 to 325E.1251, and
325E.32 and all rules, standards, orders, stipulation agreements, schedules of
compliance, and permits adopted or issued by the agency thereunder or under any
other law now in force or hereafter enacted for the prevention, control, or
abatement of pollution may be enforced by any one or any combination of the
following: criminal prosecution; action
to recover civil penalties; injunction; action to compel performance; or other
appropriate action, in accordance with the provisions of said chapters and this
section.
Sec.
2. [216H.10]
DEFINITIONS.
Subdivision
1. Applicability. For purposes of sections 216H.10 to
216H.15, the following terms have the meanings given.
Subd.
2. Agency. "Agency" means the Pollution
Control Agency.
Subd.
3. Carbon
dioxide equivalent. "Carbon
dioxide equivalent" means the quantity of carbon dioxide that has the same
global warming potential as a given amount of another greenhouse gas.
Subd.
4. Commissioner. "Commissioner" means the
commissioner of the Pollution Control Agency.
Subd.
5. Global
warming. "Global
warming" means the observed and predicted increase in the temperature of
the atmosphere near the earth's surface and the oceans.
Subd.
6. Global
warming potential or GWP. "Global
warming potential" or "GWP" means a quantitative measure of the
potential of an emission of a greenhouse gas to contribute to global warming
over a 100-year period expressed in terms of the equivalent emission of carbon
dioxide needed to produce the same 100-year warming effect, as reported in
Fourth Assessment Report: Climate
Change 2007, International Panel on Climate Change.
Subd.
7. High-GWP
greenhouse gas. "High-GWP
greenhouse gas" means hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
Subd.
8. Mobile
air conditioner. "Mobile
air conditioner" means mechanical vapor compression refrigeration
equipment used to cool the passenger compartment of a motor vehicle.
Subd.
9. Motor
vehicle. "Motor
vehicle" has the meaning given in section 168.011, subdivision 4.
Subd.
10. New
motor vehicle. "New
motor vehicle" has the meaning given in section 80E.03, subdivision 7.
Subd.
11. Refrigerant. "Refrigerant" means a substance
used, sold for use, or designed and intended for use in a mobile air
conditioner to transfer heat out of the space being cooled.
Sec.
3. [216H.11]
HIGH-GWP GREENHOUSE GAS REPORTING.
Subdivision
1. Gas
manufacturers. Beginning
October 1, 2008, and each year thereafter, a manufacturer of a high-GWP
greenhouse gas must report to the agency the total amount of each high-GWP
greenhouse gas sold to a purchaser in this state during the previous year.
Subd.
2. Purchases. Beginning October 1, 2008, and each year
thereafter, a person in this state who purchases 100 metric tons or more carbon
dioxide equivalent of a high-GWP greenhouse gas must report to the agency, on a
form prescribed by the commissioner, the total amount of each high-GWP
greenhouse gas purchased during the previous year and the purpose for which the
gas was used.
Sec.
4. [216H.12]
MOBILE AIR CONDITIONER LEAKAGE RATES; DISCLOSURE.
Subdivision
1. Leakage
disclosure. Beginning
January 1, 2009, a manufacturer selling or offering for sale a new motor
vehicle in this state containing a mobile air conditioner that uses the
high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) as a refrigerant must,
90 days prior to the initial sale or offer for sale, report to the commissioner
the leakage rate, in grams of refrigerant per year, for the type of mobile air
conditioner contained in that make, model, and model year. The leakage rate must be calculated using
the information provided in the most recently published version of the Society
of Automotive Engineers International document J2727, "HFC-134a Mobile Air
Conditioning System Emission Chart." The method by which the leakage rate
is calculated, accounting for each component of the air conditioning unit, must
also be reported to the commissioner.
Subd.
2. Posting. Beginning January 1, 2009, the agency and
the Office of the Attorney General must post on their Web sites:
(1)
the leakage rate disclosed by a manufacturer under subdivision 1 for each model
and make of new motor vehicle sold or offered for sale in this state; and
(2)
the following statement: "Vehicle
air conditioning systems can leak refrigerants that contribute to global
warming. Some leak more than
others. You can use the information
provided in the chart to compare information about the global warming effects
of refrigerant leakage from different makes and models when making a decision
to purchase a vehicle."
Sec.
5. [216H.13]
MOTOR VEHICLE SALES; REQUIREMENT.
Two
years after the commissioner of commerce has determined that a manufacturer has
sold or offered for sale at least 1,000 units of a motor vehicle containing an
air conditioner that uses a refrigerant with a GWP less than 150, the
manufacturer may not sell or offer for sale as a new vehicle in this state a
substantially equivalent make and model of the motor vehicle that contains an
air conditioner that uses a refrigerant with a GWP of 150 or greater.
Sec.
6. [216H.14]
MOBILE AIR CONDITIONER REFRIGERANT; RESTRICTION.
After
July 1, 2008, no person may buy or sell a refrigerant designed to be used in a
mobile air conditioner in a container holding less than 15 pounds of
refrigerant.
Sec.
7. [216H.15]
ENFORCEMENT.
Sections
216H.10 to 216H.14 may be enforced under sections 115.071 and 116.072.
Sec.
8. REPORT.
By
February 1, 2009, the commissioner of the Pollution Control Agency shall submit
a report to the chairs and ranking minority members of the senate and house
committees with primary jurisdiction over environmental policy that identifies
the uses and emissions sources of hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride in this state and suggests options for reducing or
eliminating those uses and emissions and the costs of implementing those
options.
Sec.
9. EFFECTIVE
DATE.
Sections
1 to 8 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to environment; requiring reporting of purchases and
sales of certain gases; requiring disclosure of leakage rates of air
conditioners in motor vehicles; requiring the use of certain refrigerants in
mobile air conditioners under certain circumstances; prohibiting the sale of
certain refrigerants; requiring a report; amending Minnesota Statutes 2006,
section 115.071, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 216H."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3547, A bill for an act relating to game and fish; modifying report
requirements for game and fish fund; modifying disposition of pheasant habitat
improvement account; modifying wild turkey management account; modifying
hunting and fishing licensing and taking provisions; authorizing rulemaking;
amending Minnesota Statutes 2006, sections 97A.015, by adding a subdivision; 97A.055,
subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311, subdivision 5; 97A.431,
subdivision 2; 97A.433, subdivision 2; 97A.434, subdivision 2; 97A.475,
subdivision 5; 97A.485, subdivision 6; 97B.015, subdivision 5; 97B.106,
subdivision 1; 97B.211, subdivision 1; 97B.301, subdivision 6; 97B.721;
97C.355, subdivisions 4, 7a; 97C.401, subdivision 2; Minnesota Statutes 2007
Supplement, sections 97A.055, subdivision 4; 97A.405, subdivision 2; 97A.441,
subdivision 7; 97A.475, subdivisions 2, 3, 11, 12; 97B.328; 97C.355,
subdivisions 2, 8; repealing Minnesota Statutes 2006, section 97A.411,
subdivision 2; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart
4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
17.4981, is amended to read:
17.4981 GENERAL CONDITIONS FOR REGULATION OF
AQUATIC FARMS.
(a)
Aquatic
farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife. Aquatic farms must be licensed and given classifications to
prevent or minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1)
prevent public aquatic life from entering an aquatic farm;
(2)
prevent release of nonindigenous or exotic species into public waters without
approval of the commissioner;
(3)
protect against release of disease pathogens to public waters;
(4)
protect existing natural aquatic habitats and the wildlife dependent on them;
and
(5) protect private aquatic life from
unauthorized taking or harvest.
(b)
Private
aquatic life that is legally acquired and possessed is an article of interstate
commerce and may be restricted only as necessary to protect state fish and
water resources.
(c)
The commissioner of natural resources shall report to the legislature, in
odd-numbered years, the proposed license and other fees that would make
aquaculture self-sustaining. The fees
shall not cover the costs of other programs.
The commissioner shall encourage fish farming in man-made ponds and
develop best management practices for aquaculture to ensure the long-term
sustainability of the program.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 17.4984, subdivision 1, is amended to read:
Subdivision
1. License
required. (a) A person or entity
may not operate an aquatic farm without first obtaining an aquatic farm license
from the commissioner.
(b)
Applications for an aquatic farm license must be made on forms provided by the
commissioner.
(c)
Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d)
The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A
license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a
significant detrimental impact on the public resource.
(f) By
January 15, 2008, the commissioner shall report to the senate and house of
representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.
(g)
The commissioner shall not issue or renew a license to raise minnows in a
natural water body if the natural water body is the subject of a protective
easement or other interest in land that was acquired with funding from federal
waterfowl stamp proceeds or migratory waterfowl stamp proceeds under section
97A.075, subdivision 2, or if the natural water body was the subject of any
other development, restoration, maintenance, or preservation project funded
under section 97A.075, subdivision 2.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
84.027, subdivision 15, is amended to read:
Subd.
15. Electronic transactions.
(a) The commissioner may receive an application for, sell, and issue any
license, stamp, permit, pass, sticker, duplicate safety training certification,
registration, or transfer under the jurisdiction of the commissioner by
electronic means, including by telephone.
Notwithstanding section 97A.472, electronic and telephone transactions
may be made outside of the state. The commissioner
may:
(1)
provide for the electronic transfer of funds generated by electronic
transactions, including by telephone;
(2)
assign an identification number to an applicant who purchases a hunting or
fishing license or recreational vehicle registration by electronic means, to
serve as temporary authorization to engage in the activity requiring a license
or registration until the license or registration is received or expires;
(3)
charge and permit agents to charge a fee of individuals who make electronic card
transactions and in person using an electronic licensing system
agent and of individuals who make transactions by telephone or Internet,
including issuing fees and an additional transaction fee not to exceed $3.50. An electronic licensing system agent
charging a fee of individuals making an electronic card transaction in person
must post a sign informing individuals of the fee. The sign must be near the point of payment, clearly visible, and
include the amount of the fee;
(4)
establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing
system. The commissioner shall
establish the commission in a manner that neither significantly overrecovers
nor underrecovers costs involved in providing the electronic licensing system;
and
(5)
adopt rules to administer the provisions of this subdivision.
(b)
The fees established under paragraph (a), clause (3), and the commission
established under paragraph (a), clause (4), are not subject to the rulemaking
procedures of chapter 14 and section 14.386 does not apply.
(c)
Money received from fees and commissions collected under this subdivision,
including interest earned, is annually appropriated from the game and fish fund
and the natural resources fund to the commissioner for the cost of electronic
licensing.
Sec.
4. Minnesota Statutes 2006, section
85.46, subdivision 1, is amended to read:
Subdivision
1. Pass
in possession. (a) Except as
provided in paragraph (b), while riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in
state recreation areas, and in state forests, a person 16 years of age or over
shall carry in immediate possession and visibly display on person or horse
tack, a valid horse trail pass. The
pass must be available for inspection by a peace officer, a conservation
officer, or an employee designated under section 84.0835.
(b)
A valid horse pass is not required under this section for a person riding,
leading, or driving a horse only on the portion of a horse trail that is owned
by the person or the person's spouse, child, or parent.
Sec.
5. Minnesota Statutes 2006, section
97A.015, is amended by adding a subdivision to read:
Subd.
44a. Shelter. "Shelter" means any structure
set on the ice of state waters to provide shelter.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 97A.055, subdivision 4, is amended to read:
Subd.
4. Game
and fish annual reports. (a) By
December 15 each year, the commissioner shall submit to the legislative
committees having jurisdiction over appropriations and the environment and
natural resources reports on each of the following:
(1)
the amount of revenue from the following and purposes for which expenditures
were made:
(i)
the small game license surcharge under section 97A.475, subdivision 4;
(ii)
the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5,
clause (1);
(iii)
the trout and salmon stamp under section 97A.475, subdivision 10;
(iv)
the pheasant stamp under section 97A.475, subdivision 5, clause (2);
(v)
the turkey stamp wild turkey management account under section 97A.475,
subdivision 5, clause (3) 97A.075, subdivision 5; and
(vi)
the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;
(2)
the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3)
money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4)
outcome goals for the expenditures from the game and fish fund; and
(5)
summary and comments of citizen oversight committee reviews under subdivision
4b.
(b)
The report must include the commissioner's recommendations, if any, for changes
in the laws relating to the stamps and surcharge referenced in paragraph (a).
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
7. Minnesota Statutes 2006, section
97A.055, subdivision 4b, is amended to read:
Subd.
4b. Citizen oversight subcommittees.
(a) The commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the proposed work plans
and budgets for the coming year; propose changes in policies, activities, and
revenue enhancements or reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for improvements in the
management and use of money in the game and fish fund.
(b)
The commissioner shall appoint the following subcommittees, each comprised of
at least three affected persons:
(1) a
Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;
(2) a
Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding
and excluding review of the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c);
(3) a
Big Game Subcommittee to review the report required in subdivision 4, paragraph
(a), clause (2);
(4) an
Ecological Services Operations Subcommittee to review ecological services
funding;
(5) a
subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;
(6) a
subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
(7) a
subcommittee to review the report on the migratory waterfowl stamp and address
funding issues related to migratory waterfowl;
(8) a
subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and
(9) a
subcommittee to review the report on the turkey stamp wild turkey
management account and address funding issues related to wild turkeys.
(c)
The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an
annual report to the legislature; recommend changes on a broad level in
policies, activities, and revenue enhancements or reductions; provide a forum
to address issues that transcend the subcommittees; and submit a report for any
subcommittee that fails to submit its report in a timely manner.
(d)
The Budgetary Oversight Committee shall develop recommendations for a biennial
budget plan and report for expenditures on game and fish activities. By August 15 of each even-numbered year, the
committee shall submit the budget plan recommendations to the commissioner and
to the senate and house committees with jurisdiction over natural resources
finance.
(e)
Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may
not be the chair of any of the subcommittees.
(f)
The Budgetary Oversight Committee must make recommendations to the commissioner
and to the senate and house committees with jurisdiction over natural resources
finance for outcome goals from expenditures.
(g)
Notwithstanding section 15.059, subdivision 5, or other law to the contrary,
the Budgetary Oversight Committee and subcommittees do not expire until June
30, 2010.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
8. Minnesota Statutes 2006, section
97A.075, subdivision 4, is amended to read:
Subd.
4. Pheasant
stamp. (a) Ninety percent of the
revenue from pheasant stamps must be credited to the pheasant habitat
improvement account. Money in the
account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for
ringnecked pheasants on public and private land including the establishment of
nesting cover, winter cover, and reliable food sources;
(2)
reimbursement of landowners for setting aside lands for pheasant habitat;
(3)
reimbursement of expenditures to provide pheasant habitat on public and private
land;
(4)
the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant
habitat; and
(5)
the acquisition of lands suitable for pheasant habitat management and public
hunting.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clause (1), (3), or (5), or to specific promotional or
evaluative activities under paragraph (a), clause (4); or
(2)
any personnel costs, except that prior to July 1, 2009 2019,
personnel may be hired to provide technical and promotional assistance for
private landowners to implement conservation provisions of state and federal
programs.
Sec.
9. Minnesota Statutes 2006, section
97A.075, subdivision 5, is amended to read:
Subd.
5. Turkey
stamps account. (a) Ninety
percent of the revenue from turkey stamps $4.50 from each turkey license
sold must be credited to the wild turkey management account. Money in the account may be used only for:
(1)
the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and
establishment of nesting cover, winter roost area, and reliable food sources;
(2)
acquisitions of, or easements on, critical wild turkey habitat;
(3)
reimbursement of expenditures to provide wild turkey habitat on public and
private land;
(4)
trapping and transplantation of wild turkeys; and
(5)
the promotion of turkey habitat development and maintenance, population surveys
and monitoring, and research.
(b)
Money in the account may not be used for:
(1)
costs unless they are directly related to a specific parcel of land under
paragraph (a), clauses (1) to (3), a specific trap and transplant project under
paragraph (a), clause (4), or to specific promotional or evaluative activities
under paragraph (a), clause (5); or
(2)
any permanent personnel costs.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
10. Minnesota Statutes 2006, section
97A.311, subdivision 5, is amended to read:
Subd.
5. Refunds. (a) The commissioner may issue a refund on a
license, not including any issuing fees paid under section 97A.485, subdivision
6, if:
(1)
the licensee dies before the opening of the licensed season. The original license and a copy of the death
certificate must be provided to the commissioner; or
(2)
the licensee is unable to participate in the licensed activity because the
licensee is called to active military duty or military leave is canceled during
the entire open season of the licensed activity. The original license and a copy of the military orders or notice
of cancellation of leave must be provided to the commissioner; or
(3)
the licensee purchased two identical licenses for the same license season in
error.
(b)
This subdivision does not apply to lifetime licenses.
Sec.
11. Minnesota Statutes 2007 Supplement,
section 97A.405, subdivision 2, is amended to read:
Subd.
2. Personal
possession. (a) A person acting
under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if the license has been issued to and
received by the person; or (2) the proper license identification number or
stamp validation, if the license has been sold to the person by electronic
means but the actual license has not been issued and received.
(b) If
possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the
license has been issued to and received by the person; or (2) the proper license
identification number or stamp validation and a valid state driver's license,
state identification card, or other form of identification provided by the
commissioner, if the license has been sold to the person by electronic means
but the actual license has not been issued and received. A person charged with violating the license
possession requirement shall not be convicted if the person produces in court
or the office of the arresting officer, the actual license previously issued to
that person, which was valid at the time of arrest, or satisfactory proof that
at the time of the arrest the person was validly licensed. Upon request of a conservation officer or
peace officer, a licensee shall write the licensee's name in the presence of
the officer to determine the identity of the licensee.
(c) If
the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the
license identification number or stamp validation, does not entitle a licensee
to exercise the rights or privileges conferred by a license.
(d) A
license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial turkey, migratory
waterfowl, pheasant, or trout and salmon stamp shall be provided to the
licensee after purchase of a stamp validation only if the licensee pays an
additional $2 fee. A pictorial
turkey stamp may be purchased for a $2 fee.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
12. Minnesota Statutes 2006, section
97A.431, subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for a moose license shall
be determined under this section and commissioner's rule. A person is eligible for a moose license
only if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has not been issued a moose
license for any of the last five seasons or after January 1, 1991.
Sec.
13. Minnesota Statutes 2006, section
97A.433, subdivision 2, is amended to read:
Subd.
2. Eligibility. Persons eligible for an elk license shall be
determined under this section and commissioner's rule. A person is eligible for an elk license only
if the person:
(1) is
a resident; and
(2)
is at least age 16 before the season opens; and
(3) (2) has never been issued an
elk license.
Sec.
14. Minnesota Statutes 2006, section
97A.434, subdivision 2, is amended to read:
Subd.
2. Eligibility. Eligibility for a prairie chicken license
shall be determined by this section and by rule adopted by the
commissioner. A person is eligible for
a prairie chicken license only if the person:
(1) is a resident; and
(2)
was born before January 1, 1980, or possesses a firearms safety certificate.
Sec.
15. Minnesota Statutes 2006, section
97A.435, subdivision 4, is amended to read:
Subd.
4. Separate
selection of eligible licensees.
(a) The commissioner may conduct a separate selection for up to 20
percent of the turkey licenses to be issued for any area. Only persons who are owners or tenants of
and who live on at least 40 acres of land in the area, and their family
members, are eligible applicants for turkey licenses for the separate
selection. The qualifying land may be
noncontiguous. Persons who are
unsuccessful in a separate selection must be included in the selection for the
remaining licenses. Persons who obtain
a license in a separate selection must allow public turkey hunting on their
land during that turkey season. A
license issued under this subdivision is restricted to the permit area where
the qualifying land is located.
(b)
The commissioner may by rule establish criteria for determining eligible family
members under this subdivision.
(c)
The commissioner shall presume that an applicant under this subdivision is
eligible in order to ensure the timely processing of applications. An applicant that knowingly makes a false
statement or a license agent that knowingly issues a license to an ineligible
person is subject to the penalty provisions under section 97A.311.
Sec.
16. Minnesota Statutes 2007 Supplement,
section 97A.441, subdivision 7, is amended to read:
Subd.
7. Owners
or tenants of agricultural land.
(a) The commissioner may issue, without a fee, a license to take an
antlerless deer to a person resident who is an owner or tenant of
at least 80 acres of agricultural land, as defined in section 97B.001, in deer
permit areas that have deer archery licenses to take additional deer under section
97B.301, subdivision 4. A person may
receive only one license per year under this subdivision. For properties with co-owners or cotenants,
only one co-owner or cotenant may receive a license under this subdivision per
year. The license issued under this
subdivision is restricted to land leased for agricultural purposes or owned by
the holder of the license within the permit area where the qualifying land is
located. The holder of the license may
transfer the license to the holder's spouse or dependent. Notwithstanding sections 97A.415,
subdivision 1, and 97B.301, subdivision 2, the holder of the license may
purchase an additional license for taking deer and may take an additional deer
under that license.
(b) A
person who obtains a license under paragraph (a) must allow public deer hunting
on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license
issued under section 97A.475, subdivision 2, clauses (4) and (13).
Sec.
17. Minnesota Statutes 2007 Supplement,
section 97A.451, subdivision 3, is amended to read:
Subd.
3. Residents
under age 16; small game. (a) A
resident under age 16 may not must obtain a small game license but
may in order to take small game by firearms or bow and arrow without
a license paying the applicable fees under section 97A.475,
subdivisions 2, 4, and 5, if the resident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 13, 14, or 15, possesses an apprentice hunter validation, and is
accompanied by a parent or guardian who possesses a small game license that was
not obtained using an apprentice hunter validation; or
(4)
age 12 or under and is accompanied by a parent or guardian.
(b) A
resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping
license. A resident under age 13 may
trap without a trapping license, but may not register fisher, otter, bobcat, or
pine marten unless the resident is at least age five. Any fisher, otter, bobcat, or pine marten taken by a resident
under age five must be included in the limit of the accompanying parent or
guardian.
(c) A
resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
Sec.
18. Minnesota Statutes 2006, section
97A.451, subdivision 4, is amended to read:
Subd.
4. Persons
Residents under age 16; big game.
A person resident under the age of 16 may not obtain a
license to take big game unless the person possesses a firearms safety
certificate. A person under the age of
14 must be accompanied by a parent or guardian to hunt big game. by
firearms or bow and arrow if the resident obtains a license to take big game
and is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 13, 14, or 15, possesses an apprentice hunter validation, and is
accompanied by a parent or guardian who possesses a big game license that was
not obtained using an apprentice hunter validation;
(4)
age 12 and is accompanied by a parent or guardian. A resident age 12 or under is not required to possess a firearms
safety certificate under section 97B.020 to take big game; or
(5)
age 10 or 11 and is under the direct supervision of a parent or guardian where
the parent is within immediate reach and the youth obtains a license without
paying the fee.
Sec.
19. Minnesota Statutes 2006, section
97A.451, is amended by adding a subdivision to read:
Subd.
4a. Nonresidents
under age 16; big game. (a)
A nonresident under age 16 may obtain a big game license at the applicable
resident fee under section 97A.475, subdivision 2, if the nonresident is:
(1)
age 14 or 15 and possesses a firearms safety certificate;
(2)
age 13, possesses a firearms safety certificate, and is accompanied by a parent
or guardian;
(3)
age 12 and is accompanied by a parent or guardian. A nonresident age 12 or under is not required to possess a
firearms safety certificate under section 97B.020 to take big game; or
(4)
age 10 or 11 and is under the direct supervision of a parent or guardian where
the parent is within immediate reach.
Sec.
20. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 2, is amended to read:
Subd.
2. Resident
hunting. Fees for the following
licenses, to be issued to residents only, are:
(1)
for persons age 18 or over and under age 65 to take small game, $12.50;
(2)
for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) to
take turkey, $18 $23;
(4)
for persons age 18 or over to take deer with firearms, $26;
(5)
for persons age 18 or over to take deer by archery, $26;
(6) to
take moose, for a party of not more than six persons, $310;
(7) to
take bear, $38;
(8) to
take elk, for a party of not more than two persons, $250;
(9)
multizone license to take antlered deer in more than one zone, $52;
(10)
to take Canada geese during a special season, $4;
(11)
all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
(12) all-firearm
season license to take two deer throughout the state in any open firearms deer
season, except as restricted under section 97B.305, $52;
(13)
to take
prairie chickens, $20;
(13) (14) for persons at least age 12
and under age 18 to take deer with firearms during the muzzle-loader season
or during the regular firearms season in any open zone or time period, $13;
and
(14) (15) for persons at least age 12
and under age 18 to take deer by archery, $13.
EFFECTIVE DATE. The amendment to clause (3) is effective March 1, 2009.
Sec.
21. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 3, is amended to read:
Subd.
3. Nonresident
hunting. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1)
for persons age 18 and older to take small game, $73;
(2)
for persons age 18 and older to take deer with firearms, $135;
(3)
for persons age 18 and older to take deer by archery, $135;
(4) to
take bear, $195;
(5) to
take turkey, $73 $78;
(6) to
take raccoon or bobcat, $155;
(7)
multizone license to take antlered deer in more than one zone, $270;
(8) to
take Canada geese during a special season, $4;
(9)
for persons at least age 12 and under age 18 to take deer with firearms during
the muzzle-loader season or during the regular firearms season in any
open zone or time period, $13; and
(10)
for persons at least age 12 and under age 18 to take deer by archery, $13.
(b) A
$5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An
additional commission may not be assessed on this surcharge.
EFFECTIVE DATE. The amendment to paragraph (a), clause (5), is effective March
1, 2009.
Sec.
22. Minnesota Statutes 2006, section
97A.475, subdivision 5, is amended to read:
Subd.
5. Hunting
stamps. Fees for the following
stamps and stamp validations are:
(1)
migratory waterfowl stamp, $7.50; and
(2)
pheasant stamp, $7.50; and
(3)
turkey stamp validation, $5.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
23. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 11, is amended to read:
Subd. 11. Fish houses and, dark houses,
or shelters; residents. Fees
for the following licenses for a resident are:
(1)
annual for a fish house or, dark house, or shelter that is
not rented, $11.50;
(2)
annual for a fish house or, dark house, or shelter that is
rented, $26;
(3)
three-year for a fish house or, dark house, or shelter
that is not rented, $34.50; and
(4)
three-year for a fish house or, dark house, or shelter
that is rented, $78.
Sec.
24. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 12, is amended to read:
Subd.
12. Fish houses or shelters; nonresident. Fees for fish house or shelter licenses
for a nonresident are:
(1)
annual, $33;
(2)
seven consecutive days, $19; and
(3)
three-year, $99.
Sec.
25. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 16, is amended to read:
Subd.
16. Resident bear hunting guides outfitters. (a) The fee for a resident bear
hunting outfitter license to guide bear hunters is $82.50 and is
available only to a Minnesota resident individual.
(b)
The fee for a resident master bear hunting outfitter license is $165. The fee to add an additional person under
the license is $82.50 per person.
Sec.
26. Minnesota Statutes 2006, section
97A.485, subdivision 6, is amended to read:
Subd.
6. Licenses
to be sold and issuing fees. (a)
Persons authorized to sell licenses under this section must issue the following
licenses for the license fee and the following issuing fees:
(1) to
take deer or bear with firearms and by archery, the issuing fee is $1;
(2)
Minnesota sporting, the issuing fee is $1; and
(3) to take small game, to take fish by angling or
by spearing, and to trap fur-bearing animals, the issuing fee is $1;
(4)
for a stamp validation that is not issued simultaneously with a license,
an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;
(5)
for stamps stamp validations issued simultaneously with a
license, there is no fee;
(6)
for licenses, seals, tags, or coupons issued without a fee under section
97A.441 or 97A.465, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller;
(7)
for lifetime licenses, there is no fee; and
(8)
for all other licenses, permits, renewals, or applications or any other
transaction through the electronic licensing system under this chapter or any
other chapter when an issuing fee is not specified, an issuing fee of 50 cents
may be charged at the discretion of the authorized seller.
(b) An
issuing fee may not be collected for issuance of a trout and salmon stamp if a
stamp validation is issued simultaneously with the related angling or sporting
license. Only one issuing fee may
be collected when selling more than one trout and salmon stamp in the
same transaction after the end of the season for which the stamp was issued.
(c)
The agent shall keep the issuing fee as a commission for selling the licenses.
(d)
The commissioner shall collect the issuing fee on licenses sold by the
commissioner.
(e) A
license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.
(f)
For duplicate licenses, including licenses issued without a fee, the issuing
fees are:
(1)
for licenses to take big game, 75 cents; and
(2)
for other licenses, 50 cents.
(g)
The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all
license fees, excluding the issuing fee required under this section. Copies of sold and unsold licenses shall be
returned to the commissioner. The
commissioner shall refund the charter boat captain for the license fees of all
unsold licenses. Copies of sold
licenses shall be maintained by the commissioner for one year.
Sec.
27. Minnesota Statutes 2006, section
97B.015, subdivision 5, is amended to read:
Subd.
5. Firearms
safety certificate. The
commissioner shall issue a firearms safety certificate to a person that
satisfactorily completes the required course of instruction. A person must be at least age 11 to take the
firearms safety course and may receive a firearms safety certificate, but the
certificate is not valid for hunting until the year the person reaches
age 12. A person who is age 11 and has
a firearms safety certificate may purchase a deer, bear, turkey, or prairie
chicken license to take big game that will become be valid
when for hunting during the entire regular season for which the
license is valid if the person reaches will reach age 12
during that calendar year. A
firearms safety certificate issued to a person under age 12 by another state as
provided in section 97B.020 is not valid for hunting in Minnesota until the
person reaches age 12. The form and
content of the firearms safety certificate shall be prescribed by the commissioner.
Sec.
28. Minnesota Statutes 2007 Supplement,
section 97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS DEER
SEASON.
Notwithstanding
section 97B.035, subdivisions 1 and 2, a person may take deer, bear, or
turkey by crossbow during the respective regular firearms deer
season seasons. The
transportation requirements of section 97B.051 apply to crossbows during the
regular firearms deer, bear, or turkey season. Crossbows must meet the requirements of section 97B.106,
subdivision 2. A person taking deer,
bear, or turkey by crossbow under this section must have a valid firearms deer
license to take the respective game.
Sec.
29. Minnesota Statutes 2006, section
97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION
RESTRICTED IN DEER ZONES.
A person
may not possess a firearm or ammunition outdoors during the period beginning
the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm,
except:
(1)
during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take
big game in that area if the person has a valid big game license in possession;
(2) an
unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a
shotgun and shells containing No. 4 buckshot or smaller diameter lead shot or
steel shot;
(4) a
handgun or rifle and only short, long, and long rifle cartridges that are
caliber of .22 inches containing only .17 caliber rimfire cartridges,
.22 short, long, or long rifle cartridges, or .22 magnum caliber cartridges;
(5)
handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on
a target range operated under a permit from the commissioner.
This
section does not apply during an open firearms season in an area where deer may
be taken only by muzzleloader, except that muzzleloading firearms lawful for
the taking of deer may be possessed only by persons with a valid license to
take deer by muzzleloader during that season.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
30. Minnesota Statutes 2006, section
97B.106, subdivision 1, is amended to read:
Subdivision
1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is unable to hunt or take
rough fish by archery because of a permanent or temporary physical
disability. A crossbow permit issued
under this section also allows the permittee to use a bow with a mechanical
device that draws, releases, or holds the bow at full draw as provided in
section 97B.035, subdivision 1, paragraph (a).
(b) To
qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made.
The permanent or temporary disability must be established by medical
evidence, and the inability to hunt or fish by archery for the required period
of time must be verified in writing by a licensed physician or chiropractor.
(c)
The person must obtain the appropriate license.
Sec.
31. Minnesota Statutes 2006, section
97B.211, subdivision 1, is amended to read:
Subdivision
1. Possession
of firearms prohibited. Except
when hunting bear, A person may not take big game deer by
archery while in possession of a firearm.
Sec.
32. Minnesota Statutes 2006, section
97B.301, subdivision 6, is amended to read:
Subd.
6. Residents
or nonresidents under age 18 may take deer of either sex. A resident or nonresident under the
age of 18 may take a deer of either sex except in those antlerless permit areas
and seasons where no antlerless permits are offered. In antlerless permit areas where no antlerless permits are
offered, the commissioner may provide a limited number of youth either sex
permits to residents or nonresidents under age 18, under the procedures
provided in section 97B.305, and may give preference to residents or
nonresidents under the age of 18 that have not previously been
selected. This subdivision does not
authorize the taking of an antlerless deer by another member of a party under
subdivision 3.
Sec.
33. Minnesota Statutes 2006, section
97B.301, is amended by adding a subdivision to read:
Subd.
8. All-firearm
season deer license. (a) A
resident may obtain an all-firearm season deer license that authorizes the
resident to hunt during the regular firearms and muzzle-loader seasons. The all-firearm season license is valid for
taking two deer, no more than one of which may be a legal buck.
(b)
The all-firearm season deer license is valid for taking antlerless deer as
prescribed by the commissioner.
(c)
The commissioner shall issue two tags when issuing a license under this
subdivision.
Sec.
34. Minnesota Statutes 2007 Supplement,
section 97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
Subdivision
1. Hunting
with aid of bait or feed prohibited.
(a) A person may not hunt deer:
(1)
with the aid or use of bait or feed; or
(2) in
the vicinity of bait or feed if the person knows or has reason to know
that bait or feed is present; or.
(3)
in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
(b)
This restriction does not apply to:
Subd.
2. Removal
of bait. An area is
considered baited for ten days after the complete removal of all bait or feed.
Subd.
3. Definition. For purposes of this section, "bait
or feed" includes grains, fruits, vegetables, nuts, hay, or other food
that is capable of attracting or enticing deer and that has been placed by a
person. Liquid scents, salt, and
minerals are not bait or feed.
(1) Food resulting from normal
or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities; or is not
bait or feed.
Subd.
4. Exception
for bait or feed on adjacent land.
(2) A person otherwise in compliance with this section who is
hunting on the person's own private or public property, when
that is adjacent to property where bait or feed is present is not in
violation of this section if the person has not participated in, been
involved with, or agreed to baiting or feeding wildlife on the adjacent
land owned by another person property.
Sec.
35. Minnesota Statutes 2006, section
97B.405, is amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR
HUNTERS.
(a)
The
commissioner may limit the number of persons that may hunt bear in an area, if
it is necessary to prevent an overharvest or improve the distribution of
hunters. The commissioner may
establish, by rule, a method, including a drawing, to impartially select the
hunters for an area. The commissioner
shall give preference to hunters that have previously applied and have not been
selected.
(b)
In the case of a drawing, the commissioner shall allow a person to apply for a
permit in more than one area at the same time and rank the person's choice of
area. A person applying for a permit
shall submit the applicable license fee under section 97A.475 with the
application. If a person is not
selected for a bear hunting permit, the person may elect to have the license
fee refunded or held and applied to a future license or permit.
Sec.
36. Minnesota Statutes 2006, section
97B.431, is amended to read:
97B.431 BEAR HUNTING GUIDES
OUTFITTERS.
(a)
A person
may not place bait for bear, or guide hunters to take bear, for compensation
without a bear hunting guide outfitter license. A bear hunting guide outfitter
is not required to have a license to take bear unless the guide
outfitter is attempting to shoot a bear.
The commissioner shall adopt rules for qualifications for issuance and
administration of the licenses.
(b)
The commissioner shall establish a resident master bear hunting outfitter
license under which one person serves as the bear hunting outfitter and one
other person is eligible to guide and bait bear. Additional persons may be added to the license and are eligible
to guide and bait bear under the license, provided the additional fee under
section 97A.475, subdivision 16, is paid for each person added. The commissioner shall adopt rules for
qualifications for issuance and administration of the licenses.
Sec.
37. Minnesota Statutes 2006, section
97B.621, subdivision 3, is amended to read:
Subd.
3. Nighttime
hunting restrictions. To take
raccoons between one-half hour after sunset and one-half hour before sunrise,
a person:
(1)
must be on foot;
(2)
may use an artificial light only if hunting with dogs;
(3)
may not use a rifle other than one of a .22 inch caliber with .22 short, long,
or long rifle, rimfire ammunition; and
(4)
may not use shotgun shells with larger than No. 4 shot.
Sec.
38. Minnesota Statutes 2006, section
97B.711, subdivision 1, is amended to read:
Subdivision
1. Seasons
for certain upland game birds. (a)
The commissioner may, by rule, prescribe an open season in designated areas
between September 16 and January 3 for:
(1)
pheasant;
(2)
ruffed grouse;
(3)
sharp tailed grouse;
(4)
Canada spruce grouse;
(5)
prairie chicken;
(6)
gray partridge;
(7)
bob-white quail; and
(8)
turkey.
(b)
The commissioner may by rule prescribe an open season for turkey in the spring.
(c)
The commissioner shall allow a four-week open season for turkey in the fall for
the area designated as turkey permit area 601 as of the 2008 season.
Sec.
39. Minnesota Statutes 2006, section
97B.721, is amended to read:
97B.721 LICENSE AND STAMP VALIDATION
REQUIRED TO TAKE TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.
(a)
Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license and a turkey stamp
validation.
(b) The
requirement in paragraph (a) to have a turkey stamp validation does not apply
to persons under age 18. An
unlicensed adult age 18 or older may assist a licensed wild turkey hunter. The unlicensed adult may not shoot or possess
a firearm or bow while assisting a hunter under this paragraph and may not
charge a fee for the assistance.
(c)
The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.
EFFECTIVE DATE. This section is effective March 1, 2009.
Sec.
40. Minnesota Statutes 2006, section
97C.001, subdivision 3, is amended to read:
Subd.
3. Seasons,
limits, and other requirements. The
commissioner may, in accordance with the procedures in subdivision 2 or by rule
under chapter 14, establish open seasons, limits, methods, and other
requirements for taking fish on experimental waters. Notwithstanding the limits on seasons in section 97C.395,
subdivision 1, the commissioner may extend the end of a season for up to two
weeks to take a fish species in an experimental water when the harvest level
for the species in that season is less than the harvest goal of the
experimental regulations.
Sec.
41. Minnesota Statutes 2006, section
97C.005, subdivision 3, is amended to read:
Subd.
3. Seasons,
limits, and other rules. The
commissioner may, in accordance with the procedures in subdivision 2,
paragraphs (c) and (e), or by rule under chapter 14, establish open seasons,
limits, methods, and other requirements for taking fish on special management
waters. Notwithstanding the limits
on seasons in section 97C.395, subdivision 1, the commissioner may extend the
end of a season for up to two weeks to take a fish species in a special
management water when the harvest level for the species in that season is less
than the harvest goal of the special management regulations.
Sec.
42. [97C.303] CONSERVATION ANGLING LICENSE.
Subdivision
1. Availability. The commissioner shall make available a
conservation angling license according to this section. Conservation angling licenses shall be
offered for resident and nonresident individuals, resident married couples,
nonresident married couples valid for 14 consecutive days, and nonresident
families.
Subd.
2. Daily
and possession limits. Daily
and possession limits for fish taken under a conservation angling license are
one-half the daily and possession limits for the corresponding fish taken under
a standard angling license, rounded down to the next whole number if necessary.
Subd.
3. License
fee. The fee for a
conservation angling license issued under this section is two-thirds of the
corresponding standard angling license fee under section 97A.475, subdivision 6
or 7, rounded to the nearest whole dollar.
Sec.
43. Minnesota Statutes 2006, section
97C.315, subdivision 1, is amended to read:
Subdivision
1. Lines. An angler may not use more than
one line except:
(1) two lines may be used
to take fish through the ice; and
(2)
the commissioner may, by rule, authorize the use of two lines in areas
designated by the commissioner in Lake Superior.
Sec.
44. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 2, is amended to read:
Subd.
2. License
required. A person may not take
fish from leave a dark house or, fish house that is
left, or shelter unattended on the ice overnight unless the
house is licensed and has a license tag attached to the exterior in a readily
visible location, except as provided in this subdivision. The commissioner must issue a tag with a
dark house or fish house license, marked with a number to correspond with the
license and the year of issue. A dark
house or fish house license is not required of a resident on boundary waters
where the adjacent state does not charge a fee for the same activity.
Sec.
45. Minnesota Statutes 2006, section
97C.355, subdivision 4, is amended to read:
Subd.
4. Distance
between houses. A person may not
erect a dark house or, fish house, or shelter within ten
feet of an existing dark house or, fish house, or shelter.
Sec.
46. Minnesota Statutes 2006, section
97C.355, subdivision 7, is amended to read:
Subd.
7. Dates
and times houses may remain on ice.
(a) Except as provided in paragraph (d), A shelter, including a
fish house or dark house, may not be on the ice unattended between 12:00
a.m. and one hour before sunrise after the following dates:
(1)
the last day of February first Monday in March, for state waters
south of a line starting at the Minnesota-North Dakota border and formed by
rights-of-way of U.S. Route No. 10, then
east along U.S. Route No. 10 to Trunk
Highway No. 34, then east along Trunk Highway No. 34 to Trunk Highway No. 200,
then east along Trunk Highway No. 200 to U.S.
Route No. 2, then east along U.S.
Route No. 2 to the Minnesota-Wisconsin border; and
(2)
the third Monday in March 15, for other state waters.
A
shelter, including a fish house or dark house, on the ice in violation of this
subdivision is subject to the enforcement provisions of paragraph (b). The commissioner may, by rule, change the dates
in this paragraph for any part of state waters. Copies of the rule must be conspicuously posted on the shores of
the waters as prescribed by the commissioner.
(b) A
conservation officer must confiscate a fish house, dark house, or shelter in
violation of paragraph (a). The officer
may remove, burn, or destroy the house or shelter. The officer shall seize the contents of the house or shelter and
hold them for 60 days. If the seized
articles have not been claimed by the owner, they may be retained for the use
of the division or sold at the highest price obtainable in a manner prescribed
by the commissioner.
(c)
When the last day of February, under paragraph (a), clause (1), or March 15,
under paragraph (a), clause (2), falls on a Saturday, a shelter, including a
fish house or dark house, may be on the ice between 12:00 a.m. and one hour
before sunrise until 12:00 a.m. the following Monday.
(d)
A person may have a shelter, including a fish house or dark house, on the ice
between 12:00 a.m. and one hour before sunrise on waters within the area
prescribed in paragraph (a), clause (2), but the house or shelter may not be
unattended during those hours.
Sec.
47. Minnesota Statutes 2006, section
97C.355, subdivision 7a, is amended to read:
Subd.
7a. Houses left overnight. A
fish house or, dark house, or shelter left on the ice
overnight must be marked with reflective material on each side of the house
structure. The reflective material
must measure a total area of no less than two square inches on each side of the
house structure. Violation
of this subdivision is not subject to subdivision 8 or section 97A.301.
Sec.
48. Minnesota Statutes 2007 Supplement,
section 97C.355, subdivision 8, is amended to read:
Subd.
8. Confiscation
of unlawful structures; civil penalty.
(a) Structures on the ice in violation of this section may be
confiscated and disposed of, retained by the division, or sold at the highest
price obtainable, in a manner prescribed by the commissioner.
(b) In
addition to other penalties provided by law, the owner of a structure left on
the ice in violation of this section is subject to a civil penalty under
section 115A.99.
(c)
This subdivision also applies to structures left on state public access sites
for more than 48 hours past the deadlines specified in subdivision 7.
Sec.
49. Minnesota Statutes 2006, section
97C.371, subdivision 4, is amended to read:
Subd.
4. Open
season. The open season for
spearing through the ice is December 1 November 15 to the last
second Sunday in February March.
Sec.
50. Minnesota Statutes 2006, section
97C.395, subdivision 1, is amended to read:
Subdivision
1. Dates
for certain species. (a) The open
seasons to take fish by angling are as follows:
(1)
for walleye, sauger, northern pike, muskellunge, largemouth bass, and
smallmouth bass, the Saturday two weeks prior to the Saturday of Memorial Day
weekend to the last Sunday in February;
(2)
for lake trout, from January 1 to October 31;
(3)
for lake trout on lakes entirely or partly within the Boundary Waters Canoe
Area Wilderness, from the Saturday nearest January 1 to March 31;
(4) for brown trout, brook
trout, rainbow trout, and splake, between January 1 to October 31 as prescribed
by the commissioner by rule except as provided in section 97C.415, subdivision
2; and
(4) (5) for salmon, as prescribed
by the commissioner by rule.
(b)
The commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
Sec.
51. UNCASED FIREARMS REPORT.
(a)
The commissioner of natural resources shall submit a report to the legislature
by January 1, 2009, on uncased firearms that answers the questions listed
below.
(1)
How many other states have laws like Minnesota's governing uncased firearms?
(2)
Are there any studies that prove that uncased firearms laws like Minnesota's
reduce firearm-related accidents?
(3)
Is there evidence that more accidents occur loading and unloading firearms and
putting firearms in and out of cases than would occur if the firearms were not
required to be cased?
(4)
Are there any studies to prove that having a cased gun law reduces other
criminal violations? For example, there are thousands of tickets written for
uncased guns every year; is this the activity the state is trying to stop or is
the state trying to reduce other crimes? Is there any proof that by issuing
tickets Minnesota is stopping other crimes?
(5)
If the state cannot verify that it is reducing accidents or reducing other
criminal violations by writing uncased gun tickets, why is the state writing
them?
(6)
If the state is reducing other wildlife crimes such as shooting from the
roadway, how is it doing this?
(b)
The report must comply with Minnesota Statutes, sections 3.195 and 3.197, and
be submitted to the chairs of the house and senate committees with jurisdiction
over the environment and natural resources.
The commissioner may include additional information that the
commissioner feels is important to this issue.
Sec.
52. COCK PHEASANT BAG LIMIT; RULEMAKING.
The
commissioner of natural resources shall amend Minnesota Rules, part 6234.0400,
subpart 2, to allow a person to take up to three cock pheasants per day after
the 16th day of the pheasant season.
The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt the rule and
Minnesota Statutes, section 14.386, does not apply, except as provided under
Minnesota Statutes, section 14.388.
Sec.
53. BEAR HUNTING PERMIT DRAWING; RULEMAKING.
The
commissioner of natural resources shall adopt rules to comply with the changes
made to Minnesota Statutes, section 97B.405.
The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt the rules. Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.
Sec.
54. WILD TURKEY HUNTING MANAGEMENT RECOMMENDATIONS.
The
commissioner of natural resources, in consultation with the National Wild
Turkey Federation, shall, by January 15, 2009, provide the legislature with
recommendations for future management of hunting wild turkeys in Minnesota.
Sec.
55. REPEALER.
Minnesota
Statutes 2006, section 97A.411, subdivision 2, and Minnesota Rules, parts
6232.0200, subpart 4; and 6232.0300, subpart 4, are repealed."
Delete
the title and insert:
"A
bill for an act relating to natural resources; modifying aquatic farm
provisions; authorizing certain fees; modifying horse pass requirements;
modifying report requirements for game and fish fund; modifying disposition of
pheasant habitat improvement account; modifying wild turkey management account;
modifying hunting and fishing licensing and taking provisions; requiring
reports; providing for rulemaking; amending Minnesota Statutes 2006, sections
17.4981; 84.027, subdivision 15; 85.46, subdivision 1; 97A.015, by adding a
subdivision; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311,
subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434,
subdivision 2; 97A.435, subdivision 4; 97A.451, subdivision 4, by adding a
subdivision; 97A.475, subdivision 5; 97A.485, subdivision 6; 97B.015,
subdivision 5; 97B.041; 97B.106, subdivision 1; 97B.211, subdivision 1;
97B.301, subdivision 6, by adding a subdivision; 97B.405; 97B.431; 97B.621,
subdivision 3; 97B.711, subdivision 1; 97B.721; 97C.001, subdivision 3;
97C.005, subdivision 3; 97C.315, subdivision 1; 97C.355, subdivisions 4, 7, 7a;
97C.371, subdivision 4; 97C.395, subdivision 1; Minnesota Statutes 2007
Supplement, sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405,
subdivision 2; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.475,
subdivisions 2, 3, 11, 12, 16; 97B.036; 97B.328; 97C.355, subdivisions 2, 8;
proposing coding for new law in Minnesota Statutes, chapter 97C; repealing
Minnesota Statutes 2006, section 97A.411, subdivision 2; Minnesota Rules, parts
6232.0200, subpart 4; 6232.0300, subpart 4."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3564, A bill for an act relating to human services; amending child welfare
and child support provisions; adopting a new Interstate Compact for the
Placement of Children and repealing the old compact; regulating child and adult
adoptions; directing the commissioner to adopt rules; amending Minnesota
Statutes 2006, sections 13.46, by adding subdivisions; 256.87, subdivision 5;
259.20, subdivision 1; 259.21, by adding a subdivision; 259.22, subdivision 2;
259.23, subdivision 2; 259.43; 259.52, subdivision 2; 259.53, subdivisions 3,
5; 259.59, subdivisions 1, 2; 259.67, subdivisions 2, 3, by adding a
subdivision; 259.75, subdivision 5; 259.89, subdivisions 1, 2, 4, by adding a
subdivision; 260.795, subdivision 3; 260C.001, subdivision 2; 260C.007,
subdivisions 5, 6, 13; 260C.171, subdivision 2; 260C.178, subdivision 1;
260C.212, subdivision 7, by adding a subdivision; 260C.325, subdivisions 1, 3;
518A.42, subdivision 1; 518A.46, subdivision 5; 524.2-114; 541.04; 548.09, by
adding a subdivision; 550.01; 626.556, subdivision 7; Minnesota Statutes 2007
Supplement, sections 259.41, subdivision 1; 259.53, subdivision 2; 259.57,
subdivision 1; 259.67, subdivision 4; 260C.163, subdivision 1; 260C.209,
subdivisions 1, 2, by adding a subdivision; 260C.212, subdivision 4; 626.556,
subdivision 10a; Laws 2007, chapter 147, article 2, section 56; proposing
coding for new law in Minnesota Statutes, chapters 259; 260; repealing
Minnesota Statutes 2006, sections 260.851; 260B.241; 260C.207; 548.091,
subdivision 3b; Minnesota Rules, part 9560.0092.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
CHILD
WELFARE
Section
1. Minnesota Statutes 2007 Supplement,
section 245C.14, subdivision 1, is amended to read:
Subdivision
1. Disqualification
from direct contact. (a) The
commissioner shall disqualify an individual who is the subject of a background
study from any position allowing direct contact with persons receiving services
from the license holder or entity identified in section 245C.03, upon receipt
of information showing, or when a background study completed under this chapter
shows any of the following:
(1) a
conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony,
gross misdemeanor, or misdemeanor level crime;
(2) a
preponderance of the clear and convincing evidence indicates the
individual has committed an act or acts that meet the definition of any of the
crimes listed in section 245C.15, regardless of whether the preponderance of
the clear and convincing evidence is for a felony, gross
misdemeanor, or misdemeanor level crime.
An arrest record, police report, or criminal complaint alone does not
meet the standard for clear and convincing evidence; or
(3) an
investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).
(b) No
individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct
contact with persons served by a program or entity identified in section
245C.03, unless the commissioner has provided written notice under section
245C.17 stating that:
(1)
the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21,
subdivision 2;
(2)
the commissioner has set aside the individual's disqualification for that
program or entity identified in section 245C.03, as provided in section
245C.22, subdivision 4; or
(3)
the license holder has been granted a variance for the disqualified individual
under section 245C.30.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 2, is amended to read:
Subd.
2. 15-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than 15 years have passed since the discharge of the
sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of
any of the following offenses: sections
256.98 (wrongfully obtaining assistance); 268.182 (false representation;
concealment of facts); 393.07, subdivision 10, paragraph (c) (federal Food
Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 609.21
(criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or
609.2231 (assault in the third or fourth degree); repeat offenses under 609.224
(assault in the fifth degree); 609.229 (crimes committed for benefit of a
gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.235 (use of drugs to injure or
facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.268 (injury or death of an unborn child in the commission
of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical
assistance fraud); 609.498, subdivision 1 or 1b (aggravated first degree or
first degree tampering with a witness); 609.52 (theft); 609.521 (possession of
shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527
(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of
dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the
third degree); 609.582 (burglary); 609.59 (possession of burglary tools);
609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635 (obtaining signature
by false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713
(terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial
transaction card fraud); 617.23 (indecent exposure), not involving a minor;
repeat offenses under 617.241 (obscene materials and performances; distribution
and exhibition prohibited; penalty); 624.713 (certain persons not to possess
firearms); chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.
(b) An
individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a), as each of these offenses
is defined in Minnesota Statutes.
(c)
For foster care and family child care an individual is disqualified under
section 245C.14 if less than 15 years has passed since the individual's
voluntary termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or 260C.301, subdivision 3.
(d) An
individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of the offenses listed in paragraph (a).
(e) If
the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the
individual is disqualified but the disqualification look-back period for the
offense is the period applicable to the gross misdemeanor or misdemeanor
disposition.
(f)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an
admission in court. When a disqualification
is based on a preponderance of clear and convincing evidence of a
disqualifying act, the disqualification date begins from the date of the
dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever
occurs last.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 3, is amended to read:
Subd.
3. Ten-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than ten years have passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a gross
misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21
(criminal vehicular homicide and injury); 609.221 or 609.222 (assault in the
first or second degree); 609.223 or 609.2231 (assault in the third or fourth
degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2,
paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable
adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.265
(abduction); 609.275 (attempt to coerce); 609.324, subdivision 1a (other
prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of
a child); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks); 609.582 (burglary);
609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631
(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71
(riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult);
repeat offenses under 609.746 (interference with privacy); 609.749, subdivision
2 (harassment; stalking); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a
minor; 617.241 (obscene materials and performances); 617.243 (indecent
literature, distribution); 617.293 (harmful materials; dissemination and
display to minors prohibited); or violation of an order for protection under
section 518B.01, subdivision 14.
(b) An
individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a), as each of these offenses
is defined in Minnesota Statutes.
(c) An
individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of any of the offenses listed in paragraph (a).
(d) If
the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a misdemeanor disposition, the individual
is disqualified but the disqualification lookback period for the offense is the
period applicable to misdemeanors.
(e)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an
admission in court. When a disqualification
is based on a preponderance of clear and convincing evidence of a
disqualifying act, the disqualification date begins from the date of the
dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever
occurs last.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 4, is amended to read:
Subd.
4. Seven-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a
misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21
(criminal vehicular homicide and injury); 609.221 (assault in the first
degree); 609.222 (assault in the second degree); 609.223 (assault in the third
degree); 609.2231 (assault in the fourth degree);
609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of
a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.466 (medical
assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66
(dangerous weapons); 609.665 (spring guns); 609.746 (interference with
privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter,
telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not
involving a minor; 617.293 (harmful materials; dissemination and display to
minors prohibited); or violation of an order for protection under section
518B.01 (Domestic Abuse Act).
(b) An
individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:
(1)
failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious;
or
(2)
substantiated serious or recurring maltreatment of a minor under section
626.556, a vulnerable adult under section 626.557, or serious or recurring
maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under section 626.556 or 626.557 for
which: (i) there is a preponderance of
evidence that the maltreatment occurred, and (ii) the subject was responsible
for the maltreatment.
(c) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraphs (a) and (b), as each of these
offenses is defined in Minnesota Statutes.
(d) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of any of the offenses listed in paragraphs (a) and (b).
(e)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an
admission in court. When a
disqualification is based on a preponderance of clear and convincing
evidence of a disqualifying act, the disqualification date begins from the date
of the dismissal, the date of discharge of the sentence imposed for a
conviction for a disqualifying crime of similar elements, or the date of the
incident, whichever occurs last.
(f) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision
8.
Sec.
5. Minnesota Statutes 2006, section
245C.24, subdivision 2, is amended to read:
Subd.
2. Permanent
bar to set aside a disqualification.
(a) Except as provided in paragraph paragraphs (b) and
(c), the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time
has passed, if the individual was disqualified for a crime or conduct listed in
section 245C.15, subdivision 1.
(b) For
An individual in the chemical dependency field who was:
(1) disqualified for a crime or
conduct listed under section 245C.15, subdivision 1, and;
(2) whose disqualification was
set aside prior to July 1, 2005, the commissioner must consider granting;
and
(3)
was granted
a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A
request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior
set-aside decision addressing the individual's quality of care to children or
vulnerable adults and the circumstances of the individual's departure from that
service under this section prior to August 1, 2008, is eligible to
request a set-aside under paragraph (c).
(c)
For any individual who was disqualified for a crime or conduct listed under
section 245C.15, subdivision 1, and whose disqualification was set aside prior
to July 1, 2005, the commissioner must consider granting a set-aside pursuant
to section 245C.22. An employer who
hires any individual who provides in-home services shall monitor service
provision with the client by telephone at least quarterly.
(d)
For an individual who was disqualified for an offense under section 609.66,
subdivision 1e, that was committed when the individual was a minor, and more
than seven years has passed since the incident, during which time the
individual has attended and graduated from college, the commissioner may
consider setting aside the disqualification for a children's residential
facility licensed by the Department of Corrections.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 245C.24, subdivision 3, is amended to read:
Subd.
3. Ten-year
bar to set aside disqualification.
(a) The commissioner may not set aside the disqualification of an
individual in connection with a license to provide family child care for
children, foster care for children in the provider's home, or foster care or
day care services for adults in the provider's home if: (1) less than ten years has passed since the
discharge of the sentence imposed, if any, for the offense; or (2) when disqualified
based on a preponderance of clear and convincing evidence
determination under section 245C.14, subdivision 1, paragraph (a), clause (2),
or an admission under section 245C.14, subdivision 1, paragraph (a), clause
(1), and less than ten years has passed since the individual committed the act
or admitted to committing the act, whichever is later; and (3) the individual
has committed a violation of any of the following offenses: sections 609.165 (felon ineligible to
possess firearm); criminal vehicular homicide under 609.21 (criminal vehicular
homicide and injury); 609.215 (aiding suicide or aiding attempted suicide);
felony violations under 609.223 or 609.2231 (assault in the third or fourth
degree); 609.229 (crimes committed for benefit of a gang); 609.713 (terroristic
threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24
(simple robbery); 609.255 (false imprisonment); 609.562 (arson in the second
degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first degree or
first degree tampering with a witness); burglary in the first or second degree
under 609.582 (burglary); 609.66 (dangerous weapon); 609.665 (spring guns);
609.67 (machine guns and short-barreled shotguns); 609.749, subdivision 2
(gross misdemeanor harassment; stalking); 152.021 or 152.022 (controlled
substance crime in the first or second degree); 152.023, subdivision 1, clause
(3) or (4) or subdivision 2, clause (4) (controlled substance crime in the
third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled
substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c)
(fifth-degree assault by a caregiver against a vulnerable adult); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664
to 609.2665 (manslaughter of an unborn child in the first or second degree);
609.267 to 609.2672 (assault of an unborn child in the first, second, or third
degree); 609.268 (injury or death of an unborn child in the commission of a
crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating
or displaying harmful material to minors); a felony-level conviction involving
alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1
(other prohibited acts); a gross misdemeanor offense under 609.378 (neglect or
endangerment of a child); a gross misdemeanor offense under 609.377 (malicious
punishment of a child); 609.72, subdivision 3 (disorderly conduct against a
vulnerable adult); or 624.713 (certain persons not to possess firearms).
(b)
The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph (a) as
each of these offenses is defined in Minnesota Statutes.
(c)
The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the discharge of the sentence imposed for
an offense in any other state or country, the elements of which are
substantially similar to the elements of any of the offenses listed in
paragraph (a).
Sec.
7. Minnesota Statutes 2007 Supplement,
section 245C.27, subdivision 1, is amended to read:
Subdivision
1. Fair
hearing when disqualification is not set aside. (a) If the commissioner does not set aside a disqualification of
an individual under section 245C.22 who is disqualified on the basis of a
preponderance of clear and convincing evidence that the individual
committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15; for a determination under section 626.556 or 626.557 of
substantiated maltreatment that was serious or recurring under section 245C.15;
or for failure to make required reports under section 626.556, subdivision 3;
or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4,
paragraph (b), clause (1), the individual may request a fair hearing under
section 256.045, unless the disqualification is deemed conclusive under section
245C.29.
(b)
The fair hearing is the only administrative appeal of the final agency
determination for purposes of appeal by the disqualified individual. The disqualified individual does not have
the right to challenge the accuracy and completeness of data under section
13.04.
(c)
Except as provided under paragraph (e), if the individual was disqualified
based on a conviction or admission to any crimes listed in section 245C.15,
subdivisions 1 to 4, or for a disqualification under section 256.98,
subdivision 8, the reconsideration decision under section 245C.22 is the final
agency determination for purposes of appeal by the disqualified individual and
is not subject to a hearing under section 256.045. If the individual was disqualified based on a judicial determination,
that determination is treated the same as a conviction for purposes of appeal.
(d)
This subdivision does not apply to a public employee's appeal of a
disqualification under section 245C.28, subdivision 3.
(e)
Notwithstanding paragraph (c), if the commissioner does not set aside a disqualification
of an individual who was disqualified based on both a preponderance of
clear and convincing evidence and a conviction or admission, the individual
may request a fair hearing under section 256.045, unless the disqualifications
are deemed conclusive under section 245C.29.
The scope of the hearing conducted under section 256.045 with regard to
the disqualification based on a conviction or admission shall be limited solely
to whether the individual poses a risk of harm, according to section 256.045,
subdivision 3b. In this case, the
reconsideration decision under section 245C.22 is not the final agency decision
for purposes of appeal by the disqualified individual.
Sec.
8. Minnesota Statutes 2006, section
245C.29, subdivision 2, is amended to read:
Subd.
2. Conclusive
disqualification determination. (a)
Unless otherwise specified in statute, a determination that:
(1)
the information the commissioner relied upon to disqualify an individual under
section 245C.14 was correct based on serious or recurring maltreatment;
(2) a
preponderance of the clear and convincing evidence shows that the
individual committed an act or acts that meet the definition of any of the
crimes listed in section 245C.15. A
police report or criminal complaint alone does not meet this standard; or
(3)
the individual failed to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, is conclusive if:
(i)
the commissioner has issued a final order in an appeal of that determination
under section 245A.08, subdivision 5, or 256.045, or a court has issued a final
decision;
(ii)
the individual did not request reconsideration of the disqualification under
section 245C.21; or
(iii)
the individual did not request a hearing on the disqualification under section
256.045 or chapter 14.
(b)
When a licensing action under section 245A.05, 245A.06, or 245A.07 is based on
the disqualification of an individual in connection with a license to provide
family child care, foster care for children in the provider's own home, or
foster care services for adults in the provider's own home, that
disqualification shall be conclusive for purposes of the licensing action if a
request for reconsideration was not submitted within 30 calendar days of the
individual's receipt of the notice of disqualification.
(c) If
a determination that the information relied upon to disqualify an individual
was correct and is conclusive under this section, and the individual is
subsequently disqualified under section 245C.15, the individual has a right to
request reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding the risk
of harm shall be made according to section 245C.22 and are not subject to
another hearing under section 256.045 or chapter 14.
Sec.
9. Minnesota Statutes 2006, section
256.045, subdivision 3, is amended to read:
Subd.
3. State
agency hearings. (a) State agency
hearings are available for the following:
(1) any person applying for, receiving or having received public assistance,
medical care, or a program of social services granted by the state agency or a
county agency or the federal Food Stamp Act whose application for assistance is
denied, not acted upon with reasonable promptness, or whose assistance is
suspended, reduced, terminated, or claimed to have been incorrectly paid; (2)
any patient or relative aggrieved by an order of the commissioner under section
252.27; (3) a party aggrieved by a ruling of a prepaid health plan; (4) except
as provided under chapter 245C, any individual or facility determined by a lead
agency to have maltreated a vulnerable adult under section 626.557 after they
have exercised their right to administrative reconsideration under section
626.557; (5) any person whose claim for foster care payment according to a
placement of the child resulting from a child protection assessment under
section 626.556 is denied or not acted upon with reasonable promptness,
regardless of funding source; (6) any person to whom a right of appeal
according to this section is given by other provision of law; (7) an applicant
aggrieved by an adverse decision to an application for a hardship waiver under
section 256B.15; (8) an applicant aggrieved by an adverse decision to an
application or redetermination for a Medicare Part D prescription drug subsidy
under section 256B.04, subdivision 4a; (9) except as provided under chapter
245A, an individual or facility determined to have maltreated a minor under
section 626.556, after the individual or facility has exercised the right to
administrative reconsideration under section 626.556; or (10) except as
provided under chapter 245C, an individual disqualified under sections 245C.14
and 245C.15, on the basis of serious or recurring maltreatment; a
preponderance of the clear and convincing evidence that the
individual has committed an act or acts that meet the definition of any of the
crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make
reports required under section 626.556, subdivision 3, or 626.557, subdivision
3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause
in which the basis for a disqualification is serious or recurring maltreatment,
which has not been set aside under sections 245C.22 and 245C.23, shall be
consolidated into a single fair hearing.
In
such cases, the scope of review by the human services referee shall include
both the maltreatment determination and the disqualification. The failure to exercise the right to an
administrative reconsideration shall not be a bar to a hearing under this
section if federal law provides an individual the right to a hearing to dispute
a finding of maltreatment. Individuals
and organizations specified in this section may contest the specified action,
decision, or final disposition before the state agency by submitting a written
request for a hearing to the state agency within 30 days after receiving
written notice of the action, decision, or final disposition, or within 90 days
of such written notice if the applicant, recipient, patient, or relative shows
good cause why the request was not submitted within the 30-day time limit.
The
hearing for an individual or facility under clause (4), (9), or (10) is the
only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section
13.04. Hearings requested under clause
(4) apply only to incidents of maltreatment that occur on or after October 1,
1995. Hearings requested by nursing
assistants in nursing homes alleged to have maltreated a resident prior to
October 1, 1995, shall be held as a contested case proceeding under the
provisions of chapter 14. Hearings
requested under clause (9) apply only to incidents of maltreatment that occur
on or after July 1, 1997. A hearing for
an individual or facility under clause (9) is only available when there is no
juvenile court or adult criminal action pending. If such action is filed in either court while an administrative
review is pending, the administrative review must be suspended until the
judicial actions are completed. If the
juvenile court action or criminal charge is dismissed or the criminal action
overturned, the matter may be considered in an administrative hearing.
For
purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
The
scope of hearings involving claims to foster care payments under clause (5)
shall be limited to the issue of whether the county is legally responsible for
a child's placement under court order or voluntary placement agreement and, if
so, the correct amount of foster care payment to be made on the child's behalf
and shall not include review of the propriety of the county's child protection
determination or child placement decision.
(b) A
vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a
party and may not request a hearing under this section, except if assisting a
recipient as provided in subdivision 4.
(c) An
applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is
eligible for under state law.
(d)
The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a
change in state or federal law.
Sec.
10. Minnesota Statutes 2006, section
256.045, subdivision 3b, is amended to read:
Subd.
3b. Standard of evidence for maltreatment and disqualification hearings. (a) The state human services referee shall
determine that maltreatment has occurred if a preponderance of evidence exists
to support the final disposition under sections 626.556 and 626.557. For purposes of hearings regarding
disqualification, the state human services referee shall affirm the proposed
disqualification in an appeal under subdivision 3, paragraph (a), clause (9),
if a preponderance of the evidence shows the individual has:
(1) a
preponderance of the evidence shows the individual has committed
maltreatment under section 626.556 or 626.557, which is serious or recurring;
(2) clear
and convincing evidence shows the individual has committed an act or acts
meeting the definition of any of the crimes listed in section 245C.15,
subdivisions 1 to 4; or
(3) a
preponderance of the evidence shows the individual has failed to make
required reports under section 626.556 or 626.557, for incidents in which the final
disposition under section 626.556 or 626.557 was substantiated maltreatment
that was serious or recurring.
(b) If
the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the
requirements of section 245C.16, and whether the disqualification should be set
aside or not set aside. In determining
whether the disqualification should be set aside, the human services referee
shall consider all of the characteristics that cause the individual to be
disqualified, including those characteristics that were not subject to review
under paragraph (a), in order to determine whether the individual poses a risk
of harm. A decision to set aside a
disqualification that is the subject of the hearing constitutes a determination
that the individual does not pose a risk of harm and that the individual may
provide direct contact services in the individual program specified in the set
aside. If a determination that the
information relied upon to disqualify an individual was correct and is
conclusive under section 245C.29, and the individual is subsequently
disqualified under section 245C.14, the individual has a right to again request
reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding risk of
harm are not subject to another hearing under this section.
(c)
The state human services referee shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final
order. The commissioner shall affirm,
reverse, or modify the final disposition.
Any order of the commissioner issued in accordance with this subdivision
is conclusive upon the parties unless appeal is taken in the manner provided in
subdivision 7. In any licensing appeal
under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to
144A.46, the commissioner's determination as to maltreatment is conclusive, as
provided under section 245C.29.
Sec.
11. Minnesota Statutes 2006, section
259.20, subdivision 1, is amended to read:
Subdivision
1. Policy
and purpose. The policy of the
state of Minnesota and the purpose of sections 259.20 to 259.69 is to ensure:
(1)
that the best interests of children adopted persons are met in
the planning and granting of adoptions; and
(2)
that laws and practices governing adoption recognize the diversity of
Minnesota's population and the diverse needs of persons affected by adoption.
Sec.
12. Minnesota Statutes 2006, section
259.21, is amended by adding a subdivision to read:
Subd.
2a. Adult
adoption. "Adult
adoption" means the adoption of a person at least 18 years of age.
Sec.
13. Minnesota Statutes 2006, section
259.22, subdivision 2, is amended to read:
Subd.
2. Children
Persons who may be adopted.
No petition for adoption shall be filed unless the child person
sought to be adopted has been placed by the commissioner of human services,
the commissioner's agent, or a licensed child-placing agency. The provisions of this subdivision shall not
apply if
(a)
the child person to be adopted is over 14 years of age;
(b)
the child is sought to be adopted by an individual who is related to the child,
as defined by section 245A.02, subdivision 13;
(c)
the child has been lawfully placed under the laws of another state while the
child and petitioner resided in that other state;
(d)
the court waives the requirement of this subdivision in the best interests of
the child or petitioners, provided that the adoption does not involve a
placement as defined in section 259.21, subdivision 8; or