STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
NINETY-SECOND DAY
Saint Paul, Minnesota, Tuesday, March 18, 2008
The House of Representatives convened at 12:00 noon and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Richard D. Buller, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Faust
Finstad
Fritz
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Gardner, Hoppe, Kohls, Olson and Peterson, N., were excused.
Erickson was excused until 12:45 p.m. Buesgens was excused until 12:55 p.m. Paymar was excused until 1:05 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Severson moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 3286 and
H. F. No. 3649, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Hosch moved that S. F. No. 3286 be substituted
for H. F. No. 3649 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 3323 and
H. F. No. 3412, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Loeffler moved that S. F. No. 3323 be
substituted for H. F. No. 3412 and that the House File be
indefinitely postponed. The motion
prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 599, A bill for an act relating to health; establishing the Grieving
Parents Act; requiring a mother to be notified of burial and cremation options
in the case of a miscarriage; proposing coding for new law in Minnesota
Statutes, chapter 145.
Reported
the same back with the following amendments:
Page
1, line 21, delete "2007" and insert "2008"
With
the recommendation that the bill be amended and without further recommendation.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 1097, A bill for an act relating to local government; modifying the
definition of "dependent" for purposes of group benefits for local
government officers and employees; amending Minnesota Statutes 2006, section
471.61, subdivision 1a.
Reported
the same back with the following amendments:
Page
1, line 9, strike "minor" and strike "18" and insert "25"
Page
1, line 10, strike the old language
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. 1724, A bill for an act relating to health; providing for licensing of
naturopathic doctors; providing criminal penalties; amending Minnesota Statutes
2006, sections 116J.70, subdivision 2a; 144.335, subdivision 1; 145.61,
subdivision 2; 146.23, subdivision 7; 148B.60, subdivision 3; 151.01,
subdivision 23; 214.23, subdivision 1; 604A.01, subdivision 2; 604A.015;
proposing coding for new law as Minnesota Statutes, chapter 147E.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
Section
1. [147E.01]
DEFINITIONS.
Subdivision
1. Applicability. The definitions in this section apply to
this chapter.
Subd.
2. Advisory
council. "Advisory
council" means the Registered Naturopathic Doctor Advisory Council
established under section 147E.35.
Subd.
3. Approved
naturopathic medical program. "Approved
naturopathic medical program" means a naturopathic medical education
program in the United States or Canada and meets the requirements for
accreditation by the Council on Naturopathic Medical Education (CNME) or an
equivalent federally recognized accrediting body for the naturopathic medical
profession recognized by the board.
This program must offer graduate-level full-time didactic and supervised
clinical training leading to the degree of Doctor of Naturopathy or Doctor of
Naturopathic Medicine. The program must
be an institution, or part of an institution, of higher education that at the
time the student completes the program is:
(1)
either accredited or is a candidate for accreditation by a regional institution
accrediting agency recognized by the United States Secretary of Education; or
(2)
a degree granting college or university that prior to the existence of CNME
offered a full-time structured curriculum in basic sciences and supervised
patient care comprising a doctoral naturopathic medical education that is at
least 132 weeks in duration, must be completed in at least 35 months, and is
reputable and in good standing in the judgment of the board.
Subd.
4. Board. "Board" means the Board of
Medical Practice or its designee.
Subd.
5. Contact
hour. "Contact
hour" means an instructional session of 50 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social activities.
Subd.
6. Homeopathic
preparations. "Homeopathic
preparations" means medicines prepared according to the Homeopathic
Pharmacopoeia of the United States.
Subd.
7. Registered
naturopathic doctor. "Registered
naturopathic doctor" means a person authorized and registered to practice
naturopathic medicine under this chapter.
Subd.
8. Minor
office procedures. "Minor
office procedures" means the use of operative, electrical, or other
methods for the repair and care incidental to superficial lacerations and
abrasions, superficial lesions, and the removal of foreign bodies located in
the superficial tissues and the use of antiseptics and local topical
anesthetics in connection with such methods, except that it shall not include
general or spinal anesthetics, major surgery, surgery of the body cavities, or
specialized surgeries such as plastic surgery, surgery involving the eye, or
surgery when tendons are involved.
Subd.
9. Naturopathic
licensing examination. "Naturopathic
licensing examination" means the Naturopathic Physicians Licensing
Examination or its successor administered by the North American Board of
Naturopathic Examiners or its successor as recognized by the board.
Subd.
10. Naturopathic
medicine. "Naturopathic
medicine" means a system of primary health care practiced by registered
naturopathic doctors for the prevention, assessment, and treatment of human
health conditions, injuries, and diseases that uses:
(1)
services and treatments as described in section 147E.05; and
(2)
natural health procedures and treatments that do not require licensure as
defined in chapter 146A.
Subd.
11. Naturopathic
physical medicine. "Naturopathic
physical medicine" includes, but is not limited to, the therapeutic use of
the physical agents of air, water, heat, cold, sound, light, and electromagnetic
nonionizing radiation and the physical modalities of electrotherapy, diathermy,
ultraviolet light, hydrotherapy, massage, stretching, colon hydrotherapy,
frequency specific microcurrent, electrical muscle stimulation, transcutaneous
electrical nerve stimulation, and therapeutic exercise.
Sec.
2. [147E.05]
SCOPE OF PRACTICE.
Subdivision
1. Practice
parameters. (a) The practice
of naturopathic medicine by a registered naturopathic doctor includes, but is
not limited to, the following services:
(1)
ordering, administering, prescribing, or dispensing for preventive and
therapeutic purposes: food, extracts of
food, nutraceuticals, vitamins, minerals, amino acids, enzymes, botanicals and
their extracts, botanical medicines, herbal remedies, homeopathic medicines,
all dietary supplements and nonprescription drugs as defined by the federal
Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle
counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy,
galvanic therapy, naturopathic physical medicine, oxygen, therapeutic devices,
barrier devices for contraception, and minor office procedures, including
obtaining specimens to assess and treat disease;
(2)
performing or ordering physical and orificial examinations, clinical laboratory
tests and examinations, and physiological function tests;
(3)
referring a patient for diagnostic imaging studies including x-ray, CT scan,
MRI, ultrasound, mammogram, bone densitometry, and referring the studies to an
appropriately licensed health care professional to conduct the study and
interpret the results;
(4)
prescribing nonprescription medications and therapeutic devices or ordering
noninvasive diagnostic procedures commonly used by physicians in general
practice;
(5)
utilizing routes of administration that include oral, nasal, auricular, ocular,
rectal, and vaginal; and
(6)
prescribing or performing naturopathic physical medicine.
(b)
A registered naturopathic doctor may admit patients to a hospital if the
naturopathic doctor meets the hospital's governing body requirements regarding
credentialing and privileging process.
Subd.
2. Prohibitions
on practice. (a) The
practice of naturopathic medicine does not include:
(1)
administering therapeutic ionizing radiation or radioactive substances;
(2)
administering general or spinal anesthesia;
(3)
prescribing, dispensing, or administering all legend drugs including
chemotherapeutic substances;
(4)
performing major surgery, plastic surgery, or specialized surgeries; or
(5)
performing or inducing abortions.
(b)
A naturopathic doctor registered under this chapter shall not perform surgical
procedures using a laser device or perform surgical procedures involving the
eye, ear, tendons, nerves, veins, or arteries extending beyond superficial
tissue. A naturopathic doctor shall not
practice or claim to practice as a medical doctor, osteopath, dentist,
podiatrist, optometrist, psychologist, advanced practice professional nurse,
physician assistant, chiropractor, physical therapist, acupuncturist, or any
other health care professional, unless the naturopathic physician also holds a
license or registration for another health care practice profession.
Sec.
3. [147E.06]
PROFESSIONAL CONDUCT.
Subdivision
1. Informed
consent. The registered
naturopathic doctor shall obtain informed consent from the patient prior to
initiating treatment and after advising the patient of the naturopathic
doctor's qualifications including education, registration information, and
outline of the scope of practice of registered naturopathic doctors in
Minnesota. This information must be
supplied to the patient in writing before or at the time of the initial
visit. The registrant shall present
treatment facts and options accurately to the patient or to the individual
responsible for the patient's care and make treatment recommendations according
to standards of good naturopathic medical practice.
Subd.
2. Patient
records. (a) A registered
naturopathic doctor shall maintain a record for seven years for each patient
treated, including:
(1)
a copy of the informed consent;
(2)
evidence of a patient interview concerning the patient's medical history and
current physical condition;
(3)
evidence of an examination and assessment;
(4)
record of the treatment; and
(5)
evidence of evaluation and instructions given to the patient, including
acknowledgment by the patient in writing that, if deemed necessary by the
registered naturopathic doctor, the patient has been advised to consult with
another health care provider.
(b)
A registered naturopathic doctor shall maintain the records of minor patients
for seven years or until the minor's 19th birthday, whichever is longer.
Subd.
3. Data
practices. Data maintained
on a naturopathic patient by a registered naturopathic doctor is subject to
section 144.335.
Subd.
4. State
and municipal public health regulations. A registered naturopathic doctor shall
comply with all applicable state and municipal requirements regarding public
health.
Sec.
4. [147E.10]
REGISTRATION.
Subdivision
1. Registration
required. After July 1,
2008, persons who practice naturopathic medicine, or represent themselves as
practicing naturopathic medicine by use of a term in subdivision 2, shall
conspicuously display the registration in the place of practice.
Subd.
2. Designation. No individual may use the title
"registered naturopathic doctor," "naturopathic doctor,"
"doctor of naturopathic medicine," or use, in connection with the
individual's name, the letters "N.D.," "R.N.D.," or
"N.M.D.," or any other titles, words, letters, abbreviations, or
insignia indicating or implying that the individual is eligible for
registration by the state as a registered naturopath or a registered
naturopathic doctor unless the individual has been registered as a registered
naturopathic doctor according to this chapter.
Subd.
3. Other
health care practitioners. Nothing
in this chapter may be construed to prohibit or to restrict:
(1)
the practice of a profession by individuals who are licensed, certified, or
registered under other laws of this state and are performing services within
their authorized scope of practice or unlicensed complementary and alternative
health care under chapter 146A;
(2)
the practice of naturopathic medicine by an individual licensed, registered, or
certified in another state and employed by the government of the United States
while the individual is engaged in the performance of duties prescribed by the
laws and regulations of the United States;
(3)
the practice by a naturopathic doctor duly licensed, registered, or certified
in another state, territory, or the District of Columbia when incidentally
called into this state for consultation with a Minnesota licensed physician or
Minnesota registered naturopathic doctor;
(4)
the practice of naturopathic medicine by students enrolled in an approved
naturopathic medical college if the performance of services is according to a
course of instruction or assignments from, and under the supervision of an
instructor who is a licensed physician, osteopath, chiropractor, or registered
naturopathic doctor;
(5)
an individual rendering aid in an emergency, when no fee or other consideration
for the service is charged, received, expected, or contemplated;
(6)
an individual administering a remedy to a family member;
(7)
a person engaged in the sale of vitamins, health foods, dietary supplements,
and other products of nature, the sale of which is not otherwise prohibited
under state or federal law except that this clause does not:
(i)
allow that person to diagnose any human disease, ailment, injury, infirmity,
deformity, or other condition; or
(ii)
prohibit providing truthful and nonmisleading information regarding anything in
this chapter;
(8)
a person engaged in good faith in the practice of religious tenets of any
religious belief, without the use of prescription drugs;
(9)
a person acting in good faith for religious reasons as a matter of conscience
or as a personal belief when obtaining or providing information regarding
health care and the use of any product under clause (7); and
(10)
persons not registered by this chapter from the use of individual modalities
which comprise the practice of naturopathic medicine, such as the use of
nutritional supplements, herbs, foods, homeopathic preparations, and physical
forces such as heat, cold, water, touch, and light.
Subd.
4. Penalty. A person violating subdivision 2 is
guilty of a gross misdemeanor.
Sec.
5. [147E.15]
REGISTRATION REQUIREMENTS.
Subdivision
1. General
requirements for registration. To
be eligible for registration, an applicant must:
(1)
submit a completed application on forms provided by the board along with all
fees required under section 147E.40 that includes:
(i)
the applicant's name, Social Security number, home address and telephone
number, and business address and telephone number;
(ii)
the name and location of the naturopathic medical program the applicant
completed;
(iii)
a list of degrees received from other educational institutions;
(iv)
a description of the applicant's professional training beyond the first degree
received;
(v)
a list of registrations, certifications, and licenses held in other
jurisdictions;
(vi)
a description of any other jurisdiction's refusal to credential the applicant;
(vii)
a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and
(viii)
any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(2)
submit a copy of a diploma from an approved naturopathic medical education
program;
(3)
have successfully passed the Naturopathic Physicians Licensing Examination, a
competency-based national naturopathic licensing examination administered by
the North American Board of Naturopathic Examiners or successor agency as
recognized by the board; passing scores are determined by the Naturopathic
Physicians Licensing Examination;
(4)
submit additional information as requested by the board, including providing
any additional information necessary to ensure that the applicant is able to
practice with reasonable skill and safety to the public;
(5)
sign a statement that the information in the application is true and correct to
the best of the applicant's knowledge and belief; and
(6)
sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant has completed an approved
naturopathic medical program or engaged in the practice of naturopathic
medicine.
Subd.
2. Registration
by endorsement; reciprocity. (a)
To be eligible for registration by endorsement or reciprocity, the applicant
must hold a current naturopathic license, registration, or certification in
another state, Canadian province, the District of Columbia, or territory of the
United States, whose standards for licensure, registration, or certification
are at least equivalent to those of Minnesota, and must:
(1)
submit the application materials and fees as required by subdivision 1, clauses
(1), (2), and (4) to (6);
(2)
have successfully passed either:
(i)
the Naturopathic Physicians Licensing Examination; or
(ii)
if prior to 1986, the state or provincial naturopathic board licensing
examination required by that regulating state or province;
(3)
provide a verified copy from the appropriate government body of a current
license, registration, or certification for the practice of naturopathic
medicine in another jurisdiction that has initial licensing, registration, or
certification requirements equivalent to or higher than the requirements in subdivision
1; and
(4)
provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a license, registration, or
certification. Each letter must state
the applicant's name, date of birth, license, registration, or certification
number, date of issuance, a statement regarding disciplinary actions, if any,
taken against the applicant, and the terms under which the license,
registration, or certification was issued.
(b)
An applicant applying for license, registration, or certification by
endorsement must be licensed, registered, or certified in another state or
Canadian province prior to January 1, 2005, and have completed a 60-hour course
and examination in pharmacotherapeutics.
Subd.
3. Temporary
registration. The board may
issue a temporary registration to practice as a registered naturopathic doctor
to an applicant who is licensed, registered, or certified in another state or
Canadian province and is eligible for registration under this section, if the
application for registration is complete, all applicable requirements in this
section have been met, and a nonrefundable fee has been paid. The temporary registration remains valid
only until the meeting of the board at which time a decision is made on the
registered naturopathic doctor's application for registration.
Subd.
4. Registration
expiration. Registrations
issued under this chapter expire annually.
Subd.
5. Renewal. (a) To be eligible for registration
renewal a registrant must:
(1)
annually, or as determined by the board, complete a renewal application on a
form provided by the board;
(2)
submit the renewal fee;
(3)
provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and
(4)
submit any additional information requested by the board to clarify information
presented in the renewal application.
The information must be submitted within 30 days after the board's
request, or the renewal request is nullified.
Subd.
6. Change
of address. A registrant who
changes addresses must inform the board within 30 days, in writing, of the
change of address. All notices or other
correspondence mailed to or served on a registrant by the board are considered
as having been received by the registrant.
Subd.
7. Registration
renewal notice. At least 45
days before the registration renewal date, the board shall send out a renewal
notice to the last known address of the registrant on file. The notice must include a renewal
application and a notice of fees required for renewal or instructions for
online renewal. It must also inform the
registrant that registration will expire without further action by the board if
an application for registration renewal is not received before the deadline for
renewal. The registrant's failure to
receive this notice does not relieve the registrant of the obligation to meet
the deadline and other requirements for registration renewal. Failure to receive this notice is not
grounds for challenging expiration of registration status.
Subd.
8. Renewal
deadline. The renewal
application and fee must be postmarked on or before December 31 of the year of
renewal. If the postmark is illegible,
the application is considered timely if received by the third working day after
the deadline.
Subd.
9. Inactive
status and return to active status.
(a) A registrant may be placed in inactive status upon application to
the board by the registrant and upon payment of an inactive status fee.
(b)
Registrants seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
specified in subdivision 5, including continuing education hours.
(c)
Registrants whose inactive status period has been five years or longer must
additionally have a period of no less than eight weeks of advisory
council-approved supervision by another registered naturopathic doctor.
Subd.
10. Registration
following lapse of registration status for two years or less. For any individual whose registration
status has lapsed for two years or less, to regain registration status, the
individual must:
(1)
apply for registration renewal according to subdivision 5;
(2)
document compliance with the continuing education requirements of section
147E.25 since the registrant's initial registration or last renewal; and
(3)
submit the fees required under section 147E.40 for the period not registered,
including the fee for late renewal.
Subd.
11. Cancellation
due to nonrenewal. The board
shall not renew, reissue, reinstate, or restore a registration that has lapsed
and has not been renewed within two annual registration renewal cycles starting
January 2007. A registrant whose
registration is canceled for nonrenewal must obtain a new registration by
applying for registration and fulfilling all requirements then in existence for
initial registration as a registered naturopathic doctor.
Subd.
12. Cancellation
of registration in good standing.
(a) A registrant holding an active registration as a registered
naturopathic doctor in the state may, upon approval of the board, be granted
registration cancellation if the board is not investigating the person as a
result of a complaint or information received or if the board has not begun
disciplinary proceedings against the registrant. Such action by the board must be reported as a cancellation of
registration in good standing.
(b)
A registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration year in
which cancellation of the registration occurred.
(c)
To obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then
in existence for obtaining initial registration as a registered naturopathic
doctor.
Subd.
13. Emeritus
status of registration. A
registrant may change the status of the registration to "emeritus" by
filing the appropriate forms and paying the onetime fee of $50 to the
board. This status allows the
registrant to retain the title of registered naturopathic doctor but restricts
the registrant from actively seeing patients.
Sec.
6. [147E.20]
BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
(a)
The board shall act on each application for registration according to
paragraphs (b) to (d).
(b)
The board shall determine if the applicant meets the requirements for
registration under section 147E.15. The
board or advisory council may investigate information provided by an applicant
to determine whether the information is accurate and complete.
(c)
The board shall notify each applicant in writing of action taken on the
application, the grounds for denying registration if registration is denied,
and the applicant's right to review under paragraph (d).
(d)
Applicants denied registration may make a written request to the board, within
30 days of the board's notice, to appear before the advisory council or the
board and for the advisory council to review the board's decision to deny the
applicant's registration. After
reviewing the denial, the advisory council shall make a recommendation to the
board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review each yearly
registration period.
Sec.
7. [147E.25]
CONTINUING EDUCATION REQUIREMENT.
Subdivision
1. Number
of required contact hours. (a)
A registrant applying for registration renewal must complete a minimum of 25
contact hours of board-approved continuing education in the year preceding
registration renewal, with the exception of the registrant's first incomplete
year, and attest to completion of continuing education requirements by
reporting to the board.
(b)
Of the 25 contact hours of continuing education requirement in paragraph (a),
at least five hours of continuing education must be in pharmacotherapeutics.
Subd.
2. Approved
programs. The board shall
approve continuing education programs that have been approved for continuing
education credit by the American Association of Naturopathic Physicians or any
of its constituent state associations, the American Chiropractic Association or
any of its constituent state associations, the American Osteopathic Association
Bureau of Professional Education, the American Pharmacists Association or any
of its constituent state associations, or an organization approved by the
Accreditation Council for Continuing Medical Education.
Subd.
3. Approval
of continuing education programs.
The board shall also approve continuing education programs that do
not meet the requirements of subdivision 2 but meet the following criteria:
(1)
the program content directly relates to the practice of naturopathic medicine;
(2)
each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable
experience in the field of naturopathic medicine, special training in the
subject matter, or experience teaching in the subject area;
(3)
the program lasts at least 50 minutes per contact hour;
(4)
there are specific, measurable, written objectives, consistent with the
program, describing the expected outcomes for the participants; and
(5)
the program sponsor has a mechanism to verify participation and maintains attendance
records for three years.
Subd.
4. Accumulation
of contact hours. A
registrant may not apply contact hours acquired in one one-year reporting
period to a future continuing education reporting period.
Subd.
5. Verification
of continuing education credits.
The board shall periodically select a random sample of registrants
and require those registrants to supply the board with evidence of having
completed the continuing education to which they attested. Documentation may come directly from the registrants
from state or national organizations that maintain continuing education
records.
Subd.
6. Continuing
education topics. Continuing
education program topics may include, but are not limited to, naturopathic
medical theory and techniques including diagnostic techniques, nutrition,
botanical medicine, homeopathic medicine, physical medicine, lifestyle
modification counseling, anatomy, physiology, biochemistry, pharmacology,
pharmacognosy, microbiology, medical ethics, psychology, history of medicine,
and medical terminology or coding.
Subd.
7. Restriction
on continuing education topics.
(a) A registrant may apply no more than five hours of practice
management to a one-year reporting period.
(b)
A registrant may apply no more than 15 hours to any single subject area.
Subd.
8. Continuing
education exemptions. The
board may exempt any person holding a registration under this chapter from the
requirements of subdivision 1 upon application showing evidence satisfactory to
the board of inability to comply with the requirements because of physical or
mental condition or because of other unusual or extenuating circumstances. However, no person may be exempted from the
requirements of subdivision 1 more than once in any five-year period.
Sec.
8. [147E.30]
DISCIPLINE; REPORTING.
For
purposes of this chapter, registered naturopathic doctors and applicants are
subject to sections 147.091 to 147.162.
Sec.
9. [147E.35]
REGISTERED NATUROPATHIC DOCTOR ADVISORY COUNCIL.
Subdivision
1. Membership. The board shall appoint a seven-member
Registered Naturopathic Doctor Advisory Council appointed by the governor
consisting of one public member as defined in section 214.02, five registered
naturopathic doctors who are residents of the state, and one licensed physician
or osteopath with expertise in natural medicine.
Subd.
2. Organization. The advisory council shall be organized
and administered under section 15.059.
The council shall not expire.
Subd.
3. Duties. The advisory council shall:
(1)
advise the board regarding standards for registered naturopathic doctors;
(2)
provide for distribution of information regarding registered naturopathic
doctors standards;
(3)
advise the board on enforcement of sections 147.091 to 147.162;
(4)
review applications and recommend granting or denying registration or
registration renewal;
(5)
advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints
against registered naturopathic doctors;
(6)
advise the board regarding approval of continuing education programs using the
criteria in section 147E.25, subdivision 3; and
(7)
perform other duties authorized for advisory councils by chapter 214, as
directed by the board.
Sec.
10. [147E.40] FEES.
Subdivision
1. Fees. Fees are as follows:
(1)
registration application fee, $200;
(2)
renewal fee, $150;
(3)
late fee, $75;
(4)
inactive status fee, $50; and
(5)
temporary permit fee, $25.
Subd.
2. Proration
of fees. The board may
prorate the initial annual registration fee.
All registrants are required to pay the full fee upon registration
renewal.
Subd.
3. Penalty
fee for late renewals. An
application for registration renewal submitted after the deadline must be
accompanied by a late fee in addition to the required fees.
Subd.
4. Nonrefundable
fees. All of the fees in
subdivision 1 are nonrefundable.
Sec.
11. EFFECTIVE DATE.
This
article is effective July 1, 2008.
ARTICLE
2
CONFORMING
AMENDMENTS
Section
1. Minnesota Statutes 2006, section
116J.70, subdivision 2a, is amended to read:
Subd.
2a. License; exceptions.
"Business license" or "license" does not include the
following:
(1)
any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of
health pursuant to section 214.13;
(2)
any license issued by a county, home rule charter city, statutory city,
township, or other political subdivision;
(3)
any license required to practice the following occupation regulated by the
following sections:
(i)
abstracters regulated pursuant to chapter 386;
(ii)
accountants regulated pursuant to chapter 326A;
(iii)
adjusters regulated pursuant to chapter 72B;
(iv)
architects regulated pursuant to chapter 326;
(v)
assessors regulated pursuant to chapter 270;
(vi)
athletic trainers regulated pursuant to chapter 148;
(vii)
attorneys regulated pursuant to chapter 481;
(viii)
auctioneers regulated pursuant to chapter 330;
(ix)
barbers and cosmetologists regulated pursuant to chapter 154;
(x)
boiler operators regulated pursuant to chapter 183;
(xi)
chiropractors regulated pursuant to chapter 148;
(xii)
collection agencies regulated pursuant to chapter 332;
(xiii)
dentists, registered dental assistants, and dental hygienists regulated
pursuant to chapter 150A;
(xiv)
detectives regulated pursuant to chapter 326;
(xv)
electricians regulated pursuant to chapter 326;
(xvi)
mortuary science practitioners regulated pursuant to chapter 149A;
(xvii)
engineers regulated pursuant to chapter 326;
(xviii)
insurance brokers and salespersons regulated pursuant to chapter 60A;
(xix)
certified interior designers regulated pursuant to chapter 326;
(xx)
midwives regulated pursuant to chapter 147D;
(xxi) naturopathic
doctors registered pursuant to chapter 147E;
(xxii)
nursing
home administrators regulated pursuant to chapter 144A;
(xxii) (xxiii) optometrists regulated
pursuant to chapter 148;
(xxiii) (xxiv) osteopathic physicians
regulated pursuant to chapter 147;
(xxiv) (xxv) pharmacists regulated
pursuant to chapter 151;
(xxv) (xxvi) physical therapists
regulated pursuant to chapter 148;
(xxvi) (xxvii) physician assistants
regulated pursuant to chapter 147A;
(xxvii) (xxviii) physicians and surgeons
regulated pursuant to chapter 147;
(xxviii) (xxix) plumbers regulated pursuant
to chapter 326;
(xxix) (xxx) podiatrists regulated
pursuant to chapter 153;
(xxx) (xxxi) practical nurses regulated
pursuant to chapter 148;
(xxxi) (xxxii) professional fund-raisers
regulated pursuant to chapter 309;
(xxxii) (xxxiii) psychologists regulated
pursuant to chapter 148;
(xxxiii) (xxxiv) real estate brokers,
salespersons, and others regulated pursuant to chapters 82 and 83;
(xxxiv) (xxxv) registered nurses regulated
pursuant to chapter 148;
(xxxv) (xxxvi) securities brokers,
dealers, agents, and investment advisers regulated pursuant to chapter 80A;
(xxxvi) (xxxvii) steamfitters regulated
pursuant to chapter 326;
(xxxvii) (xxxviii) teachers and supervisory
and support personnel regulated pursuant to chapter 125;
(xxxviii) (xxxix) veterinarians regulated
pursuant to chapter 156;
(xxxix) (xl) water conditioning
contractors and installers regulated pursuant to chapter 326;
(xl) (xli) water well contractors
regulated pursuant to chapter 103I;
(xli) (xlii) water and waste treatment
operators regulated pursuant to chapter 115;
(xlii) (xliii) motor carriers regulated
pursuant to chapter 221;
(xliii) (xliv) professional firms
regulated under chapter 319B;
(xliv) (xlv) real estate appraisers
regulated pursuant to chapter 82B;
(xlv) (xlvi) residential building
contractors, residential remodelers, residential roofers, manufactured home
installers, and specialty contractors regulated pursuant to chapter 326; or
(xlvi) (xlvii) licensed professional
counselors regulated pursuant to chapter 148B;
(4)
any driver's license required pursuant to chapter 171;
(5)
any aircraft license required pursuant to chapter 360;
(6)
any watercraft license required pursuant to chapter 86B;
(7)
any license, permit, registration, certification, or other approval pertaining
to a regulatory or management program related to the protection, conservation,
or use of or interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality; and
(8)
any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health
or any licensing rule or standard established by the commissioner of human
services.
Sec.
2. Minnesota Statutes 2006, section
145.61, subdivision 2, is amended to read:
Subd.
2. Professional. "Professional" means a person
licensed or registered to practice a healing art under chapter 147, 147E,
or 148, to practice dentistry under chapter 150A, to practice as a pharmacist
under chapter 151, or to practice podiatry under chapter 153.
Sec.
3. Minnesota Statutes 2006, section
146.23, subdivision 7, is amended to read:
Subd.
7. Exemption. The provisions of subdivision 2 do not apply
to physicians and doctors of osteopathy licensed under chapter 147 or
naturopathic doctors registered under chapter 147E.
Sec.
4. Minnesota Statutes 2006, section
148B.60, subdivision 3, is amended to read:
Subd.
3. Unlicensed
mental health practitioner or practitioner. "Unlicensed mental health practitioner" or
"practitioner" means a person who provides or purports to provide,
for remuneration, mental health services as defined in subdivision 4. It does not include persons licensed by the
Board of Medical Practice under chapter 147 or 147E or registered by the
Board of Medical Practice under chapter 147A; the Board of Nursing under
sections 148.171 to 148.285; the Board of Psychology under sections 148.88 to
148.98; the Board of Social Work under chapter 148D; the Board of Marriage and
Family Therapy under sections 148B.29 to 148B.39; the Board of Behavioral
Health and Therapy under sections 148B.50 to 148B.593 and chapter 148C; or another
licensing board if the person is practicing within the scope of the license;
members of the clergy who are providing pastoral services in the context of
performing and fulfilling the salaried duties and obligations required of a
member of the clergy by a religious congregation; American Indian medicine men
and women; licensed attorneys; probation officers; school counselors employed
by a school district while acting within the scope of employment as school
counselors; licensed occupational therapists; or licensed occupational therapy
assistants. For the purposes of
complaint investigation or disciplinary action relating to an individual
practitioner, the term includes:
(1)
persons employed by a program licensed by the commissioner of human services
who are acting as mental health practitioners within the scope of their
employment;
(2)
persons employed by a program licensed by the commissioner of human services
who are providing chemical dependency counseling services; persons who are
providing chemical dependency counseling services in private practice; and
(3)
clergy who are providing mental health services that are equivalent to those
defined in subdivision 4.
Sec.
5. Minnesota Statutes 2006, section
214.23, subdivision 1, is amended to read:
Subdivision
1. Commissioner
of health. The board shall enter
into a contract with the commissioner to perform the functions in subdivisions
2 and 3. The contract shall provide
that:
(1)
unless requested to do otherwise by a regulated person, a board shall refer all
regulated persons infected with HIV, HBV, or HCV to the commissioner;
(2)
the commissioner may choose to refer any regulated person who is infected with
HIV, HBV, or HCV as well as all information related thereto to the person's
board at any time for any reason, including but not limited to: the degree of cooperation and compliance by
the regulated person; the inability to secure information or the medical
records of the regulated person; or when the facts may present other possible
violations of the regulated persons practices act. Upon request of the regulated person who is infected with HIV,
HBV, or HCV the commissioner shall refer the regulated person and all
information related thereto to the person's board. Once the commissioner has referred a regulated person to a board,
the board may not thereafter submit it to the commissioner to establish a
monitoring plan unless the commissioner of health consents in writing;
(3) a
board shall not take action on grounds relating solely to the HIV, HBV, or HCV
status of a regulated person until after referral by the commissioner; and
(4)
notwithstanding sections 13.39 and 13.41 and chapters 147, 147A, 147E, 148,
150A, 153, and 214, a board shall forward to the commissioner any information
on a regulated person who is infected with HIV, HBV, or HCV that the Department
of Health requests.
Sec.
6. Minnesota Statutes 2006, section
604A.01, subdivision 2, is amended to read:
Subd.
2. General
immunity from liability. (a) A
person who, without compensation or the expectation of compensation, renders
emergency care, advice, or assistance at the scene of an emergency or during
transit to a location where professional medical care can be rendered, is not
liable for any civil damages as a result of acts or omissions by that person in
rendering the emergency care, advice, or assistance, unless the person acts in
a willful and wanton or reckless manner in providing the care, advice, or
assistance. This subdivision does not
apply to a person rendering emergency care, advice, or assistance during the
course of regular employment, and receiving compensation or expecting to
receive compensation for rendering the care, advice, or assistance.
(b)
For the purposes of this section, the scene of an emergency is an area outside
the confines of a hospital or other institution that has hospital facilities,
or an office of a person licensed to practice one or more of the healing arts
under chapter 147, 147A, 147E, 148, 150A, or 153. The scene of an emergency includes areas
threatened by or exposed to spillage, seepage, fire, explosion, or other
release of hazardous materials, and includes ski areas and trails.
(c)
For the purposes of this section, "person" includes a public or
private nonprofit volunteer firefighter, volunteer police officer, volunteer
ambulance attendant, volunteer first provider of emergency medical services,
volunteer ski patroller, and any partnership, corporation, association, or
other entity.
(d)
For the purposes of this section, "compensation" does not include
payments, reimbursement for expenses, or pension benefits paid to members of
volunteer organizations.
(e)
For purposes of this section, "emergency care" includes providing
emergency medical care by using or providing an automatic external defibrillator,
unless the person on whom the device is to be used objects; or unless the
person is rendering this care during the course of regular employment, the
person is receiving or expects to receive compensation for rendering this care,
and the usual and regular duties of the person include the provision of
emergency medical care. "Automatic external defibrillator" means a
medical device heart monitor and defibrillator that:
(1)
has received approval of its premarket notification, filed pursuant to United
States Code, title 21, section 360(k), from the United States Food and Drug
Administration;
(2) is
capable of recognizing the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia, and is capable of determining, without intervention
by an operator, whether defibrillation should be performed; and
(3)
upon determining that defibrillation should be performed, automatically charges
and requests delivery of an electrical impulse to an individual's heart.
Sec.
7. Minnesota Statutes 2006, section
604A.015, is amended to read:
604A.015 SCHOOL BUS DRIVER IMMUNITY FROM
LIABILITY.
A
school bus driver who, while on duty, provides emergency care, advice, or
assistance at the scene of an emergency or during transit to a location where
professional medical care can be rendered, is not liable in ordinary
negligence, for any civil damages as a result of acts or omissions to the
person to whom assistance is rendered by the school bus driver in rendering the
emergency care, advice, or assistance.
For the purposes of this section, the scene of an emergency is an area
outside the confines of a hospital or other institution that has hospital
facilities, or an office of a person licensed to practice one or more of the
healing arts under chapter 147, 147E, 148, 150A, or 153.
Sec.
8. EFFECTIVE
DATE.
This
article is effective July 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to occupations and professions; providing for
registration of naturopathic doctors; amending Minnesota Statutes 2006,
sections 116J.70, subdivision 2a; 145.61, subdivision 2; 146.23, subdivision 7;
148B.60, subdivision 3; 214.23, subdivision 1; 604A.01, subdivision 2;
604A.015; proposing coding for new law as Minnesota Statutes, chapter 147E."
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. 2095, A bill for an act relating to veterans; broadening the eligibility
criteria for peace officer reciprocity licensing exam to include certain
persons in active military service; amending Minnesota Statutes 2006, section
626.8517.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 2351, A bill for an act relating to telecommunications; requiring a study
of the impact of state video franchising in states that have enacted such
legislation.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 2423, A bill for an act relating to public health; allowing municipalities
to enact an ordinance authorizing dogs to accompany persons patronizing outdoor
areas of food and beverage service establishments; proposing coding for new law
in Minnesota Statutes, chapter 157.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 2600, A bill for an act relating to city of Minneapolis; allowing city to
restrict use of engine brakes on Interstate Highway 394.
Reported
the same back with the recommendation that 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. 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 Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 2983, A bill for an act relating to early childhood education; creating an
Office of Early Learning; proposing coding for new law in Minnesota Statutes,
chapter 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [4.046]
OFFICE OF EARLY LEARNING.
(a)
An Office of Early Learning is established to coordinate a high quality early
childhood system in Minnesota to make such programs more effective, and to
improve the educational outcomes of all children. The governor must appoint, and the senate must confirm, a
director who is a recognized expert in the field of early childhood care and
education who will facilitate communication and coordinate prekindergarten and
child care programs under the administration of the Departments of Education,
Health, and Human Services.
(b)
The director of the Office of Early Learning must coordinate Departments of
Education, Health, and Human Services staff efforts to:
(1)
consolidate and coordinate resources and public funding streams for early
education and child care, and ensure the accountability and coordinated
development of all early education and child care services to children from
birth to age five;
(2)
work with the Departments of Education, Health, and Human Services and the
Minnesota Early Learning Foundation (MELF) to create common standards for
quality early childhood programming and rules for teacher training and
certification;
(3)
create a seamless transition from early childhood programs to kindergarten;
(4)
encourage family choice by ensuring a mixed system of high-quality public and
private programs, with local points of entry, staffed by well-qualified
professionals;
(5)
ensure parents a decisive role in the planning, operation, and evaluation of
programs that aid families in the care of children;
(6)
provide consumer education and accessibility to early education and child care
resources;
(7)
advance the quality of early education and child care programs in order to
support the healthy development of children and preparation for their success
in school;
(8)
develop a seamless service delivery system of early education and child care
programs administered by local, state, and federal agencies, with local points
of entry;
(9)
develop and manage an effective data collection system to support the necessary
functions of a coordinated system of early education and child care in order to
enable accurate evaluation of its impact;
(10)
respect and be sensitive to family values and cultural heritage; and
(11)
establish the administrative framework for and promote the development of early
education and child care services in order to provide that these services,
staffed by well-qualified professionals, are available in every community for
all families that express a need for them.
(c)
The director of the Office of Early Learning must report to the legislative
committees with jurisdiction over the early childhood education and child care
programs by February 1 of each year on the status of the work required under
paragraph (b) and any statutory changes necessary to improve quality and
increase access. The director also must
present to these same legislative committees by February 1, 2009, a detailed
plan, with an implementation timeline, to co-locate state early childhood
education and child care assistance programs and services.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. [124D.141]
STATE ADVISORY BOARD ON SCHOOL READINESS.
Subdivision
1. Establishment. A 12-member State Advisory Board on
School Readiness is established. The
director of the Office of Early Learning shall staff the advisory board and
assist in developing a coordinated, efficient, and cost-effective system for
delivering throughout Minnesota early childhood programs that focus on early
care and education, health care, and family support.
Subd.
2. Board
members; terms. (a) The
advisory board includes the following 12 members:
(1)
the commissioner of employment and economic development or the commissioner's
designee;
(2)
the commissioner of health or the commissioner's designee;
(3)
the commissioner of education or the commissioner's designee;
(4)
the commissioner of human services or the commissioner's designee;
(5)
four public members appointed jointly by the majority and minority leaders in
the house and senate who are recognized experts in early care and education;
(6)
two public members appointed jointly by the majority and minority leaders in the
house and senate who are community or business leaders; and
(7)
two parents who have a child under age six.
The
public members must be representative of communities of color.
(b)
Members appointed by the majority and minority leaders in the house and senate
serve staggered three-year terms. Board
members must nominate and elect a chair and other officers from among the
public members. Members initially
appointed to the board shall assign themselves by lot to terms of one, two, or
three years. The chair must notify the
governor on the assignment of these terms.
The board shall meet regularly at the times and places the board
determines. Meetings shall be called by
the chair or at the written request of any three members. Members' terms, compensation, removal, and
vacancies are governed by section 15.0575.
Subd.
3. Duties. (a) The board shall recommend to the
governor and the legislature:
(1)
the most effective method to improve the coordination and delivery of early
care and education services that integrates child care, preschools, and family
support services and programs;
(2)
a multiyear plan for effectively and efficiently coordinating and integrating
state services for early care and education, improving service delivery and
standards of care, avoiding duplication and fragmentation of service, and
enhancing public and private investment;
(3)
methods for measuring the quality, quantity, and effectiveness of early care
and education programs throughout the state;
(4)
how to identify and measure school readiness indicators on a regular basis;
(5)
how to track, enhance, integrate, and coordinate federal, state, and local
funds allocated for early care and education and related family support
services;
(6)
policy changes to improve children's ability to start school ready to learn;
and
(7)
how to provide technical assistance to community efforts that promote school
readiness and encourage community organizations to collaborate in promoting
school readiness.
(b)
The board shall convene separate policy work groups to make recommendations to
the governor and the legislature on:
(1)
financing early childhood programs;
(2)
building a coordinated service delivery system based on an assessment of early
childhood systems and available state and federal funding;
(3)
integrating a coordinated, collaborative health care component, including
medical homes, parent education, family support, behavioral health, and early
education, into early childhood programs and avoiding duplication of services;
(4)
enhancing the quality and measuring the cost of child care and preschool
programs; and
(5)
improving the wages, benefits, and supply of early childhood professionals.
Subd.
4. Board
expenses. Notwithstanding
section 15.059, board members must not be paid a per diem or reimbursed for any
expense associated with their membership on the advisory board.
Subd.
5. Board
expiration. The State
Advisory Board on School Readiness expires January 1, 2013.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to early childhood education; creating an Office of
Early Learning; creating an advisory board on school readiness; proposing
coding for new law in Minnesota Statutes, chapters 4; 124D."
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. 3057, A bill for an act relating to natural resources; modifying
requirements for youth operation of all-terrain vehicles; amending Minnesota
Statutes 2006, section 84.9256, subdivision 1.
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. 3101, A bill for an act relating to public safety; increasing the criminal
penalty for certain domestic abuse no contact order violations; amending
Minnesota Statutes 2007 Supplement, section 518B.01, subdivision 22.
Reported
the same back with the recommendation that 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. 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 Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3129, A bill for an act relating to real property; modifying certain plat
requirements; amending Minnesota Statutes 2006, sections 505.20; 508.47,
subdivision 4; 508A.47, subdivision 4; Minnesota Statutes 2007 Supplement,
sections 505.01, subdivision 3; 505.021, subdivisions 8, 10.
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. 3134, A bill for an act relating to real property; providing for conveyance
of interests in real property by transfer on death deeds; clarifying
acknowledgments made in a representative capacity; clarifying application of
certain common law doctrine to registered land; eliminating obsolete language
and making other technical and conforming changes; amending Minnesota Statutes
2006, sections 272.12; 287.22; 508.02; 508.48; 508.52; 508.671, subdivision 1;
508A.02, subdivision 1; 508A.48; 508A.52; 524.2-702; 557.02; Minnesota Statutes
2007 Supplement, section 507.24, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 507.
Reported
the same back with the following amendments:
Page
1, before line 14, insert:
"Section
1. Minnesota Statutes 2006, section
256B.15, subdivision 1h, is amended to read:
Subd.
1h. Estates of specific persons receiving medical assistance. (a) For purposes of this section, paragraphs
(b) to (k) apply if a person received medical assistance for which a claim may
be filed under this section and died single, or the surviving spouse of the
couple and was not survived by any of the persons described in subdivisions 3
and 4.
(b)
For purposes of this section, the person's estate consists of: (1) their probate estate; (2) all of the
person's interests or proceeds of those interests in real property the person
owned as a life tenant or as a joint tenant with a right of survivorship at the
time of the person's death; (3) all of the person's interests or proceeds of
those interests in securities the person owned in beneficiary form as provided
under sections 524.6-301 to 524.6-311 at the time of the person's death, to the
extent they become part of the probate estate under section 524.6-307; and
(4) all of the person's interests in joint accounts, multiple party accounts,
and pay on death accounts, or the proceeds of those
accounts,
as provided under sections 524.6-201 to 524.6-214 at the time of the person's
death to the extent they become part of the probate estate under section
524.6-207; and (5) the person's legal title or interest at the time of the person's
death in real property transferred under a transfer on death deed under section
507.071, or in the proceeds from the subsequent sale of the person's interest
in real property. Notwithstanding
any law or rule to the contrary, a state or county agency with a claim under
this section shall be a creditor under section 524.6-307.
(c)
Notwithstanding any law or rule to the contrary, the person's life estate or
joint tenancy interest in real property not subject to a medical assistance
lien under sections 514.980 to 514.985 on the date of the person's death shall
not end upon the person's death and shall continue as provided in this
subdivision. The life estate in the
person's estate shall be that portion of the interest in the real property
subject to the life estate that is equal to the life estate percentage factor
for the life estate as listed in the Life Estate Mortality Table of the health
care program's manual for a person who was the age of the medical assistance
recipient on the date of the person's death.
The joint tenancy interest in real property in the estate shall be equal
to the fractional interest the person would have owned in the jointly held
interest in the property had they and the other owners held title to the
property as tenants in common on the date the person died.
(d)
The court upon its own motion, or upon motion by the personal representative or
any interested party, may enter an order directing the remaindermen or
surviving joint tenants and their spouses, if any, to sign all documents, take
all actions, and otherwise fully cooperate with the personal representative and
the court to liquidate the decedent's life estate or joint tenancy interests in
the estate and deliver the cash or the proceeds of those interests to the personal
representative and provide for any legal and equitable sanctions as the court
deems appropriate to enforce and carry out the order, including an award of
reasonable attorney fees.
(e)
The personal representative may make, execute, and deliver any conveyances or
other documents necessary to convey the decedent's life estate or joint tenancy
interest in the estate that are necessary to liquidate and reduce to cash the
decedent's interest or for any other purposes.
(f)
Subject to administration, all costs, including reasonable attorney fees,
directly and immediately related to liquidating the decedent's life estate or
joint tenancy interest in the decedent's estate, shall be paid from the gross
proceeds of the liquidation allocable to the decedent's interest and the net
proceeds shall be turned over to the personal representative and applied to
payment of the claim presented under this section.
(g)
The personal representative shall bring a motion in the district court in which
the estate is being probated to compel the remaindermen or surviving joint
tenants to account for and deliver to the personal representative all or any
part of the proceeds of any sale, mortgage, transfer, conveyance, or any
disposition of real property allocable to the decedent's life estate or joint
tenancy interest in the decedent's estate, and do everything necessary to
liquidate and reduce to cash the decedent's interest and turn the proceeds of
the sale or other disposition over to the personal representative. The court may grant any legal or equitable
relief including, but not limited to, ordering a partition of real estate under
chapter 558 necessary to make the value of the decedent's life estate or joint
tenancy interest available to the estate for payment of a claim under this
section.
(h)
Subject to administration, the personal representative shall use all of the
cash or proceeds of interests to pay an allowable claim under this
section. The remaindermen or surviving
joint tenants and their spouses, if any, may enter into a written agreement
with the personal representative or the claimant to settle and satisfy
obligations imposed at any time before or after a claim is filed.
(i)
The personal representative may, at their discretion, provide any or all of the
other owners, remaindermen, or surviving joint tenants with an affidavit
terminating the decedent's estate's interest in real property the decedent
owned as a life tenant or as a joint tenant with others, if the personal
representative determines in good faith that neither the decedent nor any of
the decedent's predeceased spouses received any medical assistance for which a
claim could be filed under this section, or if the personal representative has
filed an affidavit with the court that the
estate
has other assets sufficient to pay a claim, as presented, or if there is a
written agreement under paragraph (h), or if the claim, as allowed, has been
paid in full or to the full extent of the assets the estate has available to
pay it. The affidavit may be recorded
in the office of the county recorder or filed in the Office of the Registrar of
Titles for the county in which the real property is located. Except as provided in section 514.981,
subdivision 6, when recorded or filed, the affidavit shall terminate the
decedent's interest in real estate the decedent owned as a life tenant or a
joint tenant with others. The affidavit
shall: (1) be signed by the personal
representative; (2) identify the decedent and the interest being terminated;
(3) give recording information sufficient to identify the instrument that
created the interest in real property being terminated; (4) legally describe
the affected real property; (5) state that the personal representative has
determined that neither the decedent nor any of the decedent's predeceased
spouses received any medical assistance for which a claim could be filed under
this section; (6) state that the decedent's estate has other assets sufficient
to pay the claim, as presented, or that there is a written agreement between
the personal representative and the claimant and the other owners or
remaindermen or other joint tenants to satisfy the obligations imposed under
this subdivision; and (7) state that the affidavit is being given to terminate
the estate's interest under this subdivision, and any other contents as may be
appropriate.
The recorder or registrar of
titles shall accept the affidavit for recording or filing. The affidavit shall be effective as provided
in this section and shall constitute notice even if it does not include
recording information sufficient to identify the instrument creating the
interest it terminates. The affidavit
shall be conclusive evidence of the stated facts.
(j)
The holder of a lien arising under subdivision 1c shall release the lien at the
holder's expense against an interest terminated under paragraph (h) to the
extent of the termination.
(k) If
a lien arising under subdivision 1c is not released under paragraph (j), prior
to closing the estate, the personal representative shall deed the interest
subject to the lien to the remaindermen or surviving joint tenants as their
interests may appear. Upon recording or
filing, the deed shall work a merger of the recipient's life estate or joint
tenancy interest, subject to the lien, into the remainder interest or interest
the decedent and others owned jointly.
The lien shall attach to and run with the property to the extent of the
decedent's interest at the time of the decedent's death.
Sec.
2. Minnesota Statutes 2006, section
256B.15, subdivision 1i, is amended to read:
Subd.
1i. Estates of persons receiving medical assistance and survived by others. (a) For purposes of this subdivision, the
person's estate consists of the person's probate estate and all of the person's
interests in real property the person owned as a life tenant or a joint tenant
at the time of the person's death and the person's legal title or interest
at the time of the person's death in real property transferred to a beneficiary
under a transfer on death deed under section 507.071, or in the proceeds from
the subsequent sale of the person's interest in the transferred real property.
(b)
Notwithstanding any law or rule to the contrary, this subdivision applies if a
person received medical assistance for which a claim could be filed under this
section but for the fact the person was survived by a spouse or by a person
listed in subdivision 3, or if subdivision 4 applies to a claim arising under
this section.
(c)
The person's life estate or joint tenancy interests in real property not
subject to a medical assistance lien under sections 514.980 to 514.985 on the
date of the person's death shall not end upon death and shall continue as
provided in this subdivision. The life
estate in the estate shall be the portion of the interest in the property
subject to the life estate that is equal to the life estate percentage factor
for the life estate as listed in the Life Estate Mortality Table of the health
care program's manual for a person who was the age of the medical assistance
recipient on the date of the person's death.
The joint tenancy interest in the estate shall be equal to the
fractional interest the medical assistance recipient would have owned in the
jointly held interest in the property had they and the other owners held title
to the property as tenants in common on the date the medical assistance
recipient died.
(d)
The county agency shall file a claim in the estate under this section on behalf
of the claimant who shall be the commissioner of human services,
notwithstanding that the decedent is survived by a spouse or a person listed in
subdivision 3. The claim, as allowed,
shall not be paid by the estate and shall be disposed of as provided in this
paragraph. The personal representative
or the court shall make, execute, and deliver a lien in favor of the claimant
on the decedent's interest in real property in the estate in the amount of the
allowed claim on forms provided by the commissioner to the county agency filing
the lien. The lien shall bear interest
as provided under section 524.3-806, shall attach to the property it describes
upon filing or recording, and shall remain a lien on the real property it
describes for a period of 20 years from the date it is filed or recorded. The lien shall be a disposition of the claim
sufficient to permit the estate to close.
(e)
The state or county agency shall file or record the lien in the office of the
county recorder or registrar of titles for each county in which any of the real
property is located. The recorder or
registrar of titles shall accept the lien for filing or recording. All recording or filing fees shall be paid
by the Department of Human Services.
The recorder or registrar of titles shall mail the recorded lien to the
Department of Human Services. The lien
need not be attested, certified, or acknowledged as a condition of recording or
filing. Upon recording or filing of a
lien against a life estate or a joint tenancy interest, the interest subject to
the lien shall merge into the remainder interest or the interest the recipient
and others owned jointly. The lien
shall attach to and run with the property to the extent of the decedent's
interest in the property at the time of the decedent's death as determined
under this section.
(f)
The department shall make no adjustment or recovery under the lien until after
the decedent's spouse, if any, has died, and only at a time when the decedent
has no surviving child described in subdivision 3. The estate, any owner of an interest in the property which is or
may be subject to the lien, or any other interested party, may voluntarily pay
off, settle, or otherwise satisfy the claim secured or to be secured by the
lien at any time before or after the lien is filed or recorded. Such payoffs, settlements, and satisfactions
shall be deemed to be voluntary repayments of past medical assistance payments
for the benefit of the deceased recipient, and neither the process of settling
the claim, the payment of the claim, or the acceptance of a payment shall
constitute an adjustment or recovery that is prohibited under this subdivision.
(g)
The lien under this subdivision may be enforced or foreclosed in the manner
provided by law for the enforcement of judgment liens against real estate or by
a foreclosure by action under chapter 581.
When the lien is paid, satisfied, or otherwise discharged, the state or
county agency shall prepare and file a release of lien at its own expense. No action to foreclose the lien shall be
commenced unless the lien holder has first given 30 days' prior written notice
to pay the lien to the owners and parties in possession of the property subject
to the lien. The notice shall: (1) include the name, address, and telephone
number of the lien holder; (2) describe the lien; (3) give the amount of the
lien; (4) inform the owner or party in possession that payment of the lien in
full must be made to the lien holder within 30 days after service of the notice
or the lien holder may begin proceedings to foreclose the lien; and (5) be
served by personal service, certified mail, return receipt requested, ordinary
first class mail, or by publishing it once in a newspaper of general
circulation in the county in which any part of the property is located. Service of the notice shall be complete upon
mailing or publication."
Page
4, line 15, delete "interested" and insert "interests"
Page
4, line 30, delete "transfer" and insert "transfers"
Page
5, line 15, after the period, insert "To show compliance with this
subdivision and subdivision 23, a beneficiary must record a clearance
certificate issued in accordance with subdivision 23 in each county in which
the real property described in the transfer on death deed is located."
Page
9, line 17, after the period, insert "The application for a clearance
certificate and the clearance certificate itself must contain the legal
description of each parcel of real property to be covered by the clearance
certificate. The county agency shall
provide enough clearance certificates to allow a clearance certificate to be
recorded in each county in which the real property described in the transfer on
death deed is located. The real
property described in the clearance certificate shall be bound by any
conditions or other requirements imposed by the county agency as specified in
the clearance certificate. If the real
property is registered property, a new certificate of title shall not be issued
until the clearance certificate is recorded.
If the clearance certificate shows the continuation of a medical
assistance claim or lien after issuance of the clearance certificate, the real
property shall remain subject to the claim or lien, and if the real property is
registered property the clearance certificate shall be carried forward as a
memorial in any new certificate of title."
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 Finance.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3163, A bill for an act relating to environment; prohibiting use of certain
construction debris as cover material; proposing coding for new law in
Minnesota Statutes, chapter 115A.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [115A.936]
CONSTRUCTION DEBRIS AS COVER MATERIAL PROHIBITED.
(a)
Construction debris or residuals from processed construction debris containing
any amount of gypsum shall not be managed as cover material at disposal
facilities unless:
(1)
residual material is managed in an industrial or construction and demolition
disposal facility equipped with a liner and leachate collection system;
(2)
residual material is not mechanically pulverized or size-reduced prior to
processing, screening, or application;
(3)
a maximum effort is made to remove gypsum from the waste prior to processing,
screening, or application;
(4)
residual material is mixed at a ratio of three parts soil to one part residual
material; and
(5)
the disposal facility does not accept any amount of cover material greater than
what is operationally necessary.
(b)
For the purposes of this section, "residual material" means
construction debris or residuals from processed construction debris containing
any amount of gypsum."
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. 3229, A bill for an act relating to utilities; requiring reporting of
utility disconnections so local governments may get notice; amending Minnesota
Statutes 2006, section 13.681, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 216B.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
13.681, is amended by adding a subdivision to read:
Subd.
6. Utility
disconnection. Utility data
on disconnections provided to cities under section 216B.0976 shall be treated
as private data on individuals or nonpublic data.
Sec.
2. [216B.0976]
NOTICE TO CITIES OF UTILITY DISCONNECTION.
Subdivision
1. Notice
required. Notwithstanding
section 13.685 or any other law or administrative rule to the contrary, a
public utility, cooperative electric association, or municipal utility must
provide notice to a statutory city or home rule charter city, as prescribed by
this section, of disconnection of a customer's gas or electric service. Upon written request from a city, on October
15 and November 1 of each year, or the next business day if that date falls on
a Saturday or Sunday, a report must be made available to the city of the
address of properties currently disconnected and the date of the
disconnection. Upon written request
from a city, between October 15 and April 15, daily reports must be made
available of the address and date of any newly disconnected properties.
For
the purpose of this section, "disconnection" means a cessation of
services initiated by the public utility, cooperative electric association, or
municipal utility that affects the primary heat source of a residence and
service is not reconnected within 24 hours.
Subd.
2. Data. Data on customers that are provided to
cities under subdivision 1 are private data on individuals or nonpublic data,
as defined in section 13.02.
Sec.
3. EFFECTIVE
DATE.
Sections
1 and 2 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to utilities; requiring notice to cities of utility
disconnections; requiring reports; amending Minnesota Statutes 2006, section
13.681, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 216B."
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. 3236, A bill for an act relating to commerce; regulating contracts for
deed, rates of interest on certain contracts, and mortgage lending; providing
verification of the borrower's reasonable ability to repay a mortgage loan;
providing penalties and remedies for a mortgage broker's failure to comply with
the broker's duties of agency; amending Minnesota Statutes 2006, sections
47.20, subdivision 2; 334.01, subdivision 2; Minnesota Statutes 2007
Supplement, sections 58.13, subdivision 1; 58.18, subdivisions 1, 2.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
47.20, subdivision 2, is amended to read:
Subd.
2. Definitions. For the purposes of this section the terms
defined in this subdivision have the meanings given them:
(1)
"Actual closing costs" mean reasonable charges for or sums paid for
the following, whether or not retained by the mortgagee or lender:
(a)
Any insurance premiums including but not limited to premiums for title
insurance, fire and extended coverage insurance, flood insurance, and private
mortgage insurance, but excluding any charges or sums retained by the mortgagee
or lender as self-insured retention.
(b)
Abstracting, title examination and search, and examination of public records.
(c)
The preparation and recording of any or all documents required by law or custom
for closing a conventional or cooperative apartment loan.
(d)
Appraisal and survey of real property securing a conventional loan or real
property owned by a cooperative apartment corporation of which a share or
shares of stock or a membership certificate or certificates are to secure a
cooperative apartment loan.
(e) A
single service charge, which includes any consideration, not otherwise
specified herein as an "actual closing cost" paid by the borrower and
received and retained by the lender for or related to the acquisition, making,
refinancing or modification of a conventional or cooperative apartment loan,
and also includes any consideration received by the lender for making a
borrower's interest rate commitment or for making a borrower's loan commitment,
whether or not an actual loan follows the commitment. The term service charge does not include forward commitment
fees. The service charge shall not
exceed one percent of the original bona fide principal amount of the
conventional or cooperative apartment loan, except that in the case of a
construction loan, the service charge shall not exceed two percent of the
original bona fide principal amount of the loan. That portion of the service charge imposed because the loan is a
construction loan shall be itemized and a copy of the itemization furnished the
borrower. A lender shall not collect
from a borrower the additional one percent service charge permitted for a
construction loan if it does not perform the service for which the charge is
imposed or if third parties perform and charge the borrower for the service for
which the lender has imposed the charge.
(f)
Charges and fees necessary for or related to the transfer of real or personal
property securing a conventional or cooperative apartment loan or the closing
of a conventional or cooperative apartment loan paid by the borrower and
received by any party other than the lender.
(2) "Contract
for deed" means an executory contract for the conveyance of real estate,
the original principal amount of which is less than $100,000 $300,000. A commitment for a contract for deed shall
include an executed purchase agreement or earnest money contract wherein the
seller agrees to finance any part or all of the purchase price by a contract
for deed.
(3)
"Conventional loan" means a loan or advance of credit, other than a
loan or advance of credit made by a credit union or made pursuant to section 334.011,
to a noncorporate borrower in an original principal amount of less than
$100,000, secured by a mortgage upon real property containing one or more
residential units or upon which at the time the loan is made it is intended
that one or more residential units are to be constructed, and which is not
insured or guaranteed by the secretary of housing and urban development, by the
administrator of veterans affairs, or by the administrator of the Farmers Home
Administration, and which is not made pursuant to the authority granted in
subdivision 1, clause (3) or (4). The
term mortgage does not include contracts for deed or installment land
contracts.
(4)
"Cooperative apartment loan" means a loan or advance of credit, other
than a loan or advance of credit made by a credit union or made pursuant to
section 334.011, to a noncorporate borrower in an original principal amount of
less than $100,000, secured by a security interest on a share or shares of
stock or a membership certificate or certificates issued to a stockholder or
member by a cooperative apartment corporation, which may be accompanied by an
assignment by way of security of the borrower's interest in the proprietary
lease or occupancy agreement in property issued by the cooperative apartment
corporation and which is not insured or guaranteed by the secretary of housing
and urban development, by the administrator of veterans affairs, or by the
administrator of the Farmers Home Administration.
(5)
"Cooperative apartment corporation" means a corporation or
cooperative organized under chapter 308A or 317A, the shareholders or members
of which are entitled, solely by reason of their ownership of stock or
membership certificates in the corporation or association, to occupy one or
more residential units in a building owned or leased by the corporation or
association.
(6)
"Forward commitment fee" means a fee or other consideration paid to a
lender for the purpose of securing a binding forward commitment by or through
the lender to make conventional loans to two or more credit worthy purchasers,
including future purchasers, of residential units, or a fee or other
consideration paid to a lender for the purpose of securing a binding forward
commitment by or through the lender to make conventional loans to two or more
credit worthy purchasers, including future purchasers, of units to be created
out of existing structures pursuant to chapter 515B, or a fee or other
consideration paid to a lender for the purpose of securing a binding forward
commitment by or through the lender to make cooperative apartment loans to two
or more credit worthy purchasers, including future purchasers, of a share or
shares of stock or a membership certificate or certificates in a cooperative
apartment corporation; provided, that the forward commitment rate of interest
does not exceed the maximum lawful rate of interest effective as of the date
the forward commitment is issued by the lender.
(7)
"Borrower's interest rate commitment" means a binding commitment made
by a lender to a borrower wherein the lender agrees that, if a conventional or
cooperative apartment loan is made following issuance of and pursuant to the
commitment, the conventional or cooperative apartment loan shall be made at a
rate of interest not in excess of the rate of interest agreed to in the
commitment, provided that the rate of interest agreed to in the commitment is
not in excess of the maximum lawful rate of interest effective as of the date
the commitment is issued by the lender to the borrower.
(8)
"Borrower's loan commitment" means a binding commitment made by a
lender to a borrower wherein the lender agrees to make a conventional or
cooperative apartment loan pursuant to the provisions, including the interest
rate, of the commitment, provided that the commitment rate of interest does not
exceed the maximum lawful rate of interest effective as of the date the
commitment is issued and the commitment when issued and agreed to shall
constitute a legally binding obligation on the part of the mortgagee or lender
to make a conventional or cooperative
apartment
loan within a specified time period in the future at a rate of interest not
exceeding the maximum lawful rate of interest effective as of the date the
commitment is issued by the lender to the borrower; provided that a lender who
issues a borrower's loan commitment pursuant to the provisions of a forward
commitment is authorized to issue the borrower's loan commitment at a rate of
interest not to exceed the maximum lawful rate of interest effective as of the
date the forward commitment is issued by the lender.
(9)
"Finance charge" means the total cost of a conventional or
cooperative apartment loan including extensions or grant of credit regardless
of the characterization of the same and includes interest, finders fees, and
other charges levied by a lender directly or indirectly against the person
obtaining the conventional or cooperative apartment loan or against a seller of
real property securing a conventional loan or a seller of a share or shares of
stock or a membership certificate or certificates in a cooperative apartment
corporation securing a cooperative apartment loan, or any other party to the
transaction except any actual closing costs and any forward commitment
fee. The finance charges plus the
actual closing costs and any forward commitment fee, charged by a lender shall
include all charges made by a lender other than the principal of the
conventional or cooperative apartment loan.
The finance charge, with respect to wraparound mortgages, shall be computed
based upon the face amount of the wraparound mortgage note, which face amount
shall consist of the aggregate of those funds actually advanced by the
wraparound lender and the total outstanding principal balances of the prior
note or notes which have been made a part of the wraparound mortgage note.
(10)
"Lender" means any person making a conventional or cooperative
apartment loan, or any person arranging financing for a conventional or
cooperative apartment loan. The term
also includes the holder or assignee at any time of a conventional or
cooperative apartment loan.
(11)
"Loan yield" means the annual rate of return obtained by a lender
over the term of a conventional or cooperative apartment loan and shall be
computed as the annual percentage rate as computed in accordance with sections
226.5 (b), (c), and (d) of Regulation Z, Code of Federal Regulations, title 12,
section 226, but using the definition of finance charge provided for in this
subdivision. For purposes of this
section, with respect to wraparound mortgages, the rate of interest or loan
yield shall be based upon the principal balance set forth in the wraparound
note and mortgage and shall not include any interest differential or yield
differential between the stated interest rate on the wraparound mortgage and
the stated interest rate on the one or more prior mortgages included in the
stated loan amount on a wraparound note and mortgage.
(12)
"Person" means an individual, corporation, business trust,
partnership or association or any other legal entity.
(13)
"Residential unit" means any structure used principally for
residential purposes or any portion thereof, and includes a unit in a common
interest community, a nonowner occupied residence, and any other type of
residence regardless of whether the unit is used as a principal residence,
secondary residence, vacation residence, or residence of some other
denomination.
(14)
"Vendor" means any person or persons who agree to sell real estate
and finance any part or all of the purchase price by a contract for deed. The term also includes the holder or
assignee at any time of the vendor's interest in a contract for deed.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 58.13, subdivision 1, is amended to read:
Subdivision
1. Generally. (a) No person acting as a residential
mortgage originator or servicer, including a person required to be licensed
under this chapter, and no person exempt from the licensing requirements of
this chapter under section 58.04, except as otherwise provided in paragraph
(b), shall:
(1)
fail to maintain a trust account to hold trust funds received in connection
with a residential mortgage loan;
(2)
fail to deposit all trust funds into a trust account within three business days
of receipt; commingle trust funds with funds belonging to the licensee or
exempt person; or use trust account funds for any purpose other than that for
which they are received;
(3)
unreasonably delay the processing of a residential mortgage loan application,
or the closing of a residential mortgage loan.
For purposes of this clause, evidence of unreasonable delay includes but
is not limited to those factors identified in section 47.206, subdivision 7,
clause (d);
(4)
fail to disburse funds according to its contractual or statutory obligations;
(5)
fail to perform in conformance with its written agreements with borrowers,
investors, other licensees, or exempt persons;
(6)
charge a fee for a product or service where the product or service is not
actually provided, or misrepresent the amount charged by or paid to a third
party for a product or service;
(7)
fail to comply with sections 345.31 to 345.60, the Minnesota unclaimed property
law;
(8)
violate any provision of any other applicable state or federal law regulating
residential mortgage loans including, without limitation, sections 47.20 to
47.208;
(9)
make or cause to be made, directly or indirectly, any false, deceptive, or
misleading statement or representation in connection with a residential loan
transaction including, without limitation, a false, deceptive, or misleading
statement or representation regarding the borrower's ability to qualify for any
mortgage product;
(10)
conduct residential mortgage loan business under any name other than that under
which the license or certificate of exemption was issued;
(11)
compensate, whether directly or indirectly, coerce or intimidate an appraiser
for the purpose of influencing the independent judgment of the appraiser with
respect to the value of real estate that is to be covered by a residential
mortgage or is being offered as security according to an application for a
residential mortgage loan;
(12)
issue any document indicating conditional qualification or conditional approval
for a residential mortgage loan, unless the document also clearly indicates
that final qualification or approval is not guaranteed, and may be subject to
additional review;
(13)
make or assist in making any residential mortgage loan with the intent that the
loan will not be repaid and that the residential mortgage originator will
obtain title to the property through foreclosure;
(14)
provide or offer to provide for a borrower, any brokering or lending services
under an arrangement with a person other than a licensee or exempt person,
provided that a person may rely upon a written representation by the
residential mortgage originator that it is in compliance with the licensing
requirements of this chapter;
(15)
claim to represent a licensee or exempt person, unless the person is an
employee of the licensee or exempt person or unless the person has entered into
a written agency agreement with the licensee or exempt person;
(16)
fail to comply with the record keeping and notification requirements identified
in section 58.14 or fail to abide by the affirmations made on the application
for licensure;
(17)
represent that the licensee or exempt person is acting as the borrower's agent
after providing the nonagency disclosure required by section 58.15, unless the
disclosure is retracted and the licensee or exempt person complies with all of
the requirements of section 58.16;
(18)
make, provide, or arrange for a residential mortgage loan that is of a lower
investment grade if the borrower's credit score or, if the originator does not
utilize credit scoring or if a credit score is unavailable, then comparable
underwriting data, indicates that the borrower may qualify for a residential
mortgage loan, available from or through the originator, that is of a higher
investment grade, unless the borrower is informed that the borrower may qualify
for a higher investment grade loan with a lower interest rate and/or lower
discount points, and consents in writing to receipt of the lower investment
grade loan;
For
purposes of this section, "investment grade" refers to a system of
categorizing residential mortgage loans in which the loans are: (i) commonly referred to as
"prime" or "subprime"; (ii) commonly designated by an
alphabetical character with "A" being the highest investment grade;
and (iii) are distinguished by interest rate or discount points or both charged
to the borrower, which vary according to the degree of perceived risk of
default based on factors such as the borrower's credit, including credit score
and credit patterns, income and employment history, debt ratio, loan-to-value
ratio, and prior bankruptcy or foreclosure;
(19)
make, publish, disseminate, circulate, place before the public, or cause to be
made, directly or indirectly, any advertisement or marketing materials of any
type, or any statement or representation relating to the business of
residential mortgage loans that is false, deceptive, or misleading;
(20)
advertise loan types or terms that are not available from or through the
licensee or exempt person on the date advertised, or on the date specified in
the advertisement. For purposes of this
clause, advertisement includes, but is not limited to, a list of sample
mortgage terms, including interest rates, discount points, and closing costs
provided by licensees or exempt persons to a print or electronic medium that
presents the information to the public;
(21)
use or employ phrases, pictures, return addresses, geographic designations, or
other means that create the impression, directly or indirectly, that a licensee
or other person is a governmental agency, or is associated with, sponsored by,
or in any manner connected to, related to, or endorsed by a governmental
agency, if that is not the case;
(22)
violate section 82.49, relating to table funding;
(23)
make, provide, or arrange for a residential mortgage loan all or a portion of
the proceeds of which are used to fully or partially pay off a "special
mortgage" unless the borrower has obtained a written certification from an
authorized independent loan counselor that the borrower has received counseling
on the advisability of the loan transaction.
For purposes of this section, "special mortgage" means a
residential mortgage loan originated, subsidized, or guaranteed by or through a
state, tribal, or local government, or nonprofit organization, that bears one
or more of the following nonstandard payment terms which substantially benefit
the borrower: (i) payments vary with
income; (ii) payments of principal or interest are not required or can be
deferred under specified conditions; (iii) principal or interest is forgivable
under specified conditions; or (iv) where no interest or an annual interest
rate of two percent or less is charged in connection with the loan. For purposes of this section, "authorized
independent loan counselor" means a nonprofit, third-party individual or
organization providing homebuyer education programs, foreclosure prevention
services, mortgage loan counseling, or credit counseling certified by the
United States Department of Housing and Urban Development, the Minnesota Home
Ownership Center, the Minnesota Mortgage Foreclosure Prevention Association,
AARP, or NeighborWorks America;
(24)
make, provide, or arrange for a residential mortgage loan without verifying the
borrower's reasonable ability to pay the scheduled payments of the following,
as applicable: principal; interest;
real estate taxes; homeowner's insurance, assessments, and mortgage insurance
premiums. For loans in which the
interest rate may vary, the reasonable ability to pay shall be determined based
on a fully indexed rate and a repayment schedule which achieves full
amortization over the life of the loan.
For all residential mortgage loans, the borrower's income and financial
resources must be verified by tax returns, payroll receipts, bank records, or
other similarly reliable documents.
Nothing
in this section shall be construed to limit a mortgage originator's or exempt
person's ability to rely on criteria other than the borrower's income and
financial resources to establish the borrower's reasonable ability to repay the
residential mortgage loan, including criteria established by the United
States Department of Veterans Affairs or the United States Department of
Housing and Urban Development for interest rate reduction refinancing loans or
streamline loans or criteria authorized or promulgated by Fannie Mae or Freddie
Mac; however, such other criteria must be verified through reasonably
reliable methods and documentation. A
statement by the borrower to the residential mortgage originator or exempt
person of the borrower's income and resources is not sufficient to establish
the existence of the income or resources when verifying the reasonable ability
to pay.
(25)
engage in "churning." As used in this section, "churning"
means knowingly or intentionally making, providing, or arranging for a
residential mortgage loan when the new residential mortgage loan does not
provide a reasonable, tangible net benefit to the borrower considering all of
the circumstances including the terms of both the new and refinanced loans, the
cost of the new loan, and the borrower's circumstances;
(26)
the first time a residential mortgage originator orally informs a borrower of
the anticipated or actual periodic payment amount for a first-lien residential
mortgage loan which does not include an amount for payment of property taxes
and hazard insurance, the residential mortgage originator must inform the
borrower that an additional amount will be due for taxes and insurance and, if
known, disclose to the borrower the amount of the anticipated or actual
periodic payments for property taxes and hazard insurance. This same oral disclosure must be made each
time the residential mortgage originator orally informs the borrower of a
different anticipated or actual periodic payment amount change from the amount
previously disclosed. A residential
mortgage originator need not make this disclosure concerning a refinancing loan
if the residential mortgage originator knows that the borrower's existing loan
that is anticipated to be refinanced does not have an escrow account; or
(27)
make, provide, or arrange for a residential mortgage loan, other than a reverse
mortgage pursuant to United States Code, title 15, chapter 41, if the
borrower's compliance with any repayment option offered pursuant to the terms
of the loan will result in negative amortization during any six-month period.
(b)
Paragraph (a), clauses (24) through (27), do not apply to a state or federally
chartered bank, savings bank, or credit union, an institution chartered by
Congress under the Farm Credit Act, or to a person making, providing, or
arranging a residential mortgage loan originated or purchased by a state agency
or a tribal or local unit of government.
This paragraph supersedes any inconsistent provision of this chapter.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 58.18, subdivision 1, is amended to read:
Subdivision
1. Remedies. A borrower injured by a violation of the
standards, duties, prohibitions, or requirements of sections 58.13, 58.136,
58.137, and 58.16, and 58.161 shall have a private right of
action and the court shall award:
(1)
actual, incidental, and consequential damages;
(2)
statutory damages equal to the amount of all lender fees included in the amount
of the principal of the residential mortgage loan as defined in section 58.137;
(3)
punitive damages if appropriate, and as provided in sections 549.191 and
549.20; and
(4)
court costs and reasonable attorney fees.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 58.18, subdivision 2, is amended to read:
Subd.
2. Private
attorney general statute. A
borrower injured by a violation of the standards, duties, prohibitions, or
requirements of sections 58.13, 58.136, 58.137, and 58.16, and 58.161
also may bring an action under section 8.31.
A private right of action by a borrower under this chapter is in the
public interest.
Sec.
5. Minnesota Statutes 2006, section
334.01, subdivision 2, is amended to read:
Subd.
2. Contracts
of $100,000 or more.
Notwithstanding any law to the contrary, except as stated in section
58.137, and with respect to contracts for deed, section 47.20, subdivision
4a, no limitation on the rate or amount of interest, points, finance
charges, fees, or other charges applies to a loan, mortgage, credit sale, or
advance made under a written contract, signed by the debtor, for the extension
of credit to the debtor in the amount of $100,000 or more, or any written
extension and other written modification of the written contract. The written contract, written extension, and
written modification are exempt from the other provisions of this chapter.
Sec.
6. EFFECTIVE
DATES.
Sections
1 and 5 are effective August 1, 2008.
Section 2 is effective the day following final enactment. Sections 3 and 4 are effective the day
following final enactment for actions commenced on or after that date."
Delete
the title and insert:
"A
bill for an act relating to commerce; regulating contracts for deed, rates of
interest on certain contracts, and mortgage lending; providing verification of
the borrower's reasonable ability to repay a mortgage loan; providing penalties
and remedies for a mortgage broker's failure to comply with the broker's duties
of agency; amending Minnesota Statutes 2006, sections 47.20, subdivision 2;
334.01, subdivision 2; Minnesota Statutes 2007 Supplement, sections 58.13,
subdivision 1; 58.18, subdivisions 1, 2."
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. 3273, A bill for an act relating to natural resources; modifying monument
designation authority; modifying state park names; modifying state park permit
requirements; eliminating certain finance report requirements; making technical
corrections; amending Minnesota Statutes 2006, sections 85.011; 85.012,
subdivisions 28, 49a; 85.013, subdivision 1; 85.054, subdivision 3, by adding a
subdivision; 97A.055, subdivision 4b; repealing Minnesota Statutes 2006,
sections 84.961, subdivision 4; 85.013, subdivision 21b; Laws 1989, chapter
335, article 1, section 21, subdivision 8, as amended.
Reported
the same back with the following amendments:
Page
1, after line 10, insert:
"Section
1. Minnesota Statutes 2006, section
84.9256, subdivision 1, is amended to read:
Subdivision
1. Prohibitions
on youthful operators. (a) Except
for operation on public road rights-of-way that is permitted under section
84.928, a driver's license issued by the state or another state is required to
operate an all-terrain vehicle along or on a public road right-of-way.
(b) A
person under 12 years of age shall not:
(1)
make a direct crossing of a public road right-of-way;
(2)
operate an all-terrain vehicle on a public road right-of-way in the state; or
(3)
operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).
(c)
Except for public road rights-of-way of interstate highways, a person 12 years
of age but less than 16 years may make a direct crossing of a public road
right-of-way of a trunk, county state-aid, or county highway or operate on
public lands and waters or state or grant-in-aid trails, only if that
person possesses a valid all-terrain vehicle safety certificate issued by the
commissioner and is accompanied on another all-terrain vehicle by a person 18
years of age or older who holds a valid driver's license.
(d) To
be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:
(1)
successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and
(2) be
able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.
(e) A
person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under
paragraph (d), but the certificate is not valid until the person reaches age
12.
(f) A
person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or
waters if accompanied by a parent or legal guardian.
(g) A
person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h)
A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot
properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle."
Page
3, after line 4, insert:
"Sec.
8. Minnesota Statutes 2006, section
88.15, subdivision 2, is amended to read:
Subd.
2. Not
to be left burning. Every person
who starts or maintains a campfire shall:
(1) exercise every reasonable
precaution to prevent the campfire from spreading and shall;
(2) before lighting the
campfire, clear the ground of all combustible material within a
radius of five feet from the base of the campfire. The person lighting the campfire shall;
(3) remain with the campfire at
all times; and shall
(4) before leaving the site,
completely extinguish the campfire.
Sec.
9. Minnesota Statutes 2006, section
89.715, is amended to read:
89.715 ALTERNATIVE RECORDING FOR STATE FOREST
ROAD.
Subdivision
1. Authorization. The commissioner may adopt a recorded
state forest road map under this section to record the department's state
forest road prescriptive easements. For
purposes of this section, "recorded state forest road map"
means the official map of state forest roads adopted by the commissioner.
Subd.
2. Map
requirements. The recorded
state forest road map must:
(1)
show state forest roads at the time the map is adopted;
(2) be
prepared at a scale of at least four inches equals one mile compliant
with county recorder standards;
(3)
include section numbers;
(4)
include a north point arrow;
(5)
include the name of the county and state;
(6)
include a blank and a description under the blank for the date of public
hearing and date of adoption;
(7)
include blanks for signatures and dates of signatures for the commissioner; and
(8)
include a list of legal descriptions of all parcels crossed by state forest
road prescriptive easements.
Subd.
3. Procedure
to adopt map. (a) The commissioner
must prepare an official map for each county or smaller geographic area as
determined by the commissioner as provided in subdivision 2, and set a time,
place, and date for a public hearing on adopting a recorded state forest
road map to record roads.
(b)
The hearing notice must state that the roads to be recorded will be to the
width of the actual use including ditches, backslopes, fills, and maintained
rights-of-way, unless otherwise specified in a prior easement of record. The hearing notice must be published once a
week for two successive weeks in a qualified newspaper of general circulation
that serves the county or smaller geographic areas as determined by the
commissioner, the last publication to be made at least ten days before the date
of the public hearing. At least 30 days
before the hearing, the hearing notice must be sent by certified mail to the
property owners directly affected in the county or smaller geographic areas as
determined by the commissioner at the addresses listed on the tax assessment
notices at least seven days before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.
(c)
After the public hearing is held, the commissioner may amend and adopt the recorded
state forest road map. The recorded
adopted state forest road map must be dated and signed by the commissioner
and must be recorded filed for recording with the county recorder
within 90 days after the map is adopted.
The map is effective when filed with the county recorder.
(d)
The recorded state forest road map that is recorded with the county
recorder must comply with the standards of the county recorder where the state
forest roads are located.
(e) A recorded
state forest road map that was prepared by using aerial photographs to
establish road centerlines and that has been duly recorded with the county
recorder is an adequate description for purposes of recording road easements
and the map is the legally constituted description and prevails when a deed for
a parcel abutting a road contains no reference to a road easement. Nothing prevents the commissioner from
accepting a more definitive metes and bounds or survey description of a road
easement for a road of record if the description of the easement is referenced
to equal distance on both sides of the existing road centerline.
(f)
The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in
implementing this subdivision.
Subd.
4. Appeal. (a) Before filing an appeal under
paragraph (b), a person may seek resolution of concerns regarding a decision to
record a road under this section by contacting the commissioner in writing.
(b)
A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner
adopts the state forest road map. Appeals may be filed only by property owners who
are directly affected by a proposed map designation and only for those portions
of the map designation that directly affect them.
(b)
A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner shall review the request
and any supporting evidence and render a decision within 45 days of receipt of
the request for review.
(c)
If a property owner wishes to appeal a decision of the commissioner after
review under paragraph (b), the property owner must file an appeal with the
district court within 60 days of the commissioner's decision.
(d)
If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder
of the map shall not be affected and its recording with the county recorder
shall stand.
Subd.
5. Unrecorded
road or trail not affected. This
section does not affect or diminish the legal status or state obligations of
roads and trails not shown on the recorded state forest road map.
Subd.
6. Exemption. Adoption of a recorded state forest
road map under this section is exempt from the rulemaking requirements of
chapter 14 and section 14.386 does not apply."
Page
4, delete section 8 and insert:
"Sec.
11. Minnesota Statutes 2006, section
97A.141, subdivision 1, is amended to read:
Subdivision
1. Acquisition;
generally. The commissioner shall
acquire access sites adjacent to public waters and easements and rights-of-way
necessary to connect the access sites with public highways. The land may be acquired by gift, lease, or
purchase, or by condemnation with approval of the Executive Council. An access site may not exceed seven acres
and may only be acquired where access is inadequate.
Sec.
12. REPEALER.
Minnesota
Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b; and
97A.141, subdivision 2, and Laws 1989, chapter 335, article 1, section 21,
subdivision 8, as amended by Laws 2002, chapter 323, section 19, are repealed."
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 3, after the second semicolon, insert "modifying requirements for
youth operation of all-terrain vehicles; modifying campfire provisions; modifying
requirements for alternative recording for state forest roads; modifying public
water access site acquisition authority;"
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. 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 recommendation that the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3296, A bill for an act relating to unemployment compensation; eliminating
an exception to the general rule for determining independent contractor status;
requiring certain audit activities; repealing Minnesota Statutes 2007
Supplement, section 268.035, subdivision 25b.
Reported
the same back with the following amendments:
Page
1, after line 6, insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 268.035, subdivision 25b, is amended to read:
Subd.
25b. Trucking industry/independent contractors. In the trucking industry, an owner-operator
of a vehicle that is licensed and registered as a truck, tractor, or
truck-tractor by a governmental motor vehicle regulatory agency is an
independent contractor, and is not considered an employee, while performing
services in the operation of the truck only if each of the following factors is
present:
(1)
the individual owns the equipment or holds it under a bona fide lease
arrangement;
(2)
the individual is responsible for the maintenance of the equipment;
(3)
the individual bears the principal burdens of the operating costs, including
fuel, repairs, supplies, vehicle insurance, and personal expenses while on the
road;
(4)
the individual is responsible for supplying the necessary personal services to
operate the equipment;
(5)
the individual's compensation is based on factors related to the work
performed, such as a percentage of any schedule of rates, and not on the basis
of the hours or time expended; and
(6)
the individual enters into a written contract that specifies the relationship
to be that of an independent contractor and not that of an employee.
This
subdivision does not apply to parcel delivery drivers who deliver shipments less
than 250 pounds per parcel.
EFFECTIVE DATE. This section is effective October 1, 2008."
Page
1, line 14, after the period, insert "The commissioner shall report on
the findings of the audits by October 1, 2010, to the chairs of the standing
committees of the senate and house of representatives having jurisdiction over
unemployment compensation issues."
Page
1, delete section 2
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 4, after the semicolon, insert "requiring a report;"
Correct
the title numbers accordingly
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. 3301, A bill for an act relating to transportation; changing provisions
relating to disclosure of construction project cost estimates and proposal
scoring; amending design-build transportation project provisions; requiring
compensation for certain Technical Review Committee members; modifying
provisions relating to design-build requests for proposals, scoring, project
awards, and protests; requiring disclosure of reasons for change in stipulated
fee; requiring rejection of nonresponsive proposals; amending Minnesota
Statutes 2006, sections 13.72, subdivisions 1, 11; 161.3420, subdivisions 2, 3,
4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006,
section 161.3426, subdivision 2.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
13.72, subdivision 11, is amended to read:
Subd.
11. Design-build transportation project. When the Department of Transportation undertakes a design-build
transportation project as defined in section 161.3410, subdivision 6, the
statement of qualification evaluation criteria and scoring methodology,
statement of qualification evaluations, technical proposal evaluation criteria
and scoring methodology, and technical proposal evaluations, and
audio recordings of meetings with proposers are classified as protected
nonpublic data with regard to data not on individuals and as confidential data
on individuals. The statement of
qualification evaluation criteria and scoring methodology and statement of
qualification evaluations are public when the Department of Transportation
announces the short list of qualified contractors. The technical proposal evaluation criteria, scoring methodology, and
technical proposal evaluations, and audio recordings of meetings with
proposers are public when the project is awarded.
Sec.
2. Minnesota Statutes 2006, section
161.3420, subdivision 2, is amended to read:
Subd.
2. Technical
Review Committee. During the
phase-one request for qualifications (RFQ) and before solicitation, the
commissioner shall appoint a Technical Review Committee of at least five
individuals. The Technical Review
Committee must include an individual whose name and qualifications are submitted
to the commissioner by the Minnesota chapter of the Associated General
Contractors, after consultation with other commercial contractor associations
in the state. Members of the Technical
Review Committee who are not state employees are subject to the Minnesota
Government Data Practices Act and section 16C.06 to the same extent that state
agencies are subject to those provisions.
The commissioner shall pay reasonable compensation to Technical
Review Committee members who are not public employees for their services. A minimum of two state employees on the
Technical Review Committee must be at the level of senior administrative
engineer or above. A Technical
Review Committee member may not participate in the review or discussion of
responses to an RFQ or request for proposals (RFP) when the member has a
financial interest in any of the design-build firms that respond to that RFQ or
RFP. "Financial interest" includes, but is not limited to, being or
serving as an owner, employee, partner, limited liability partner, shareholder,
joint venturer, family member, officer, or director of a design-build firm
responding to an RFQ or RFP for a specific project, or having any other
economic interest in that design-build firm.
The members of the Technical Review Committee must be treated as state
employees in the event of litigation resulting from any action arising out of
their service on the committee. The
commissioner shall create an audio recording of each meeting that is scheduled
or described in the RFP with a proposer.
Sec.
3. Minnesota Statutes 2006, section
161.3420, subdivision 3, is amended to read:
Subd.
3. Contents. The commissioner shall prepare or have
prepared an RFQ. The RFQ must include
the following:
(1)
the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;
(2) a
scope of work statement and schedule;
(3)
documents defining the project requirements;
(4)
the form of contract to be awarded;
(5)
the weighted selection criteria for compiling a short list and the number of
firms to be included in the short list, which must be at least two but not more
than five;
(6) a
description of the request for proposals (RFP) requirements;
(7)
the maximum time allowed for design and construction;
(8)
the commissioner's estimated cost of design and construction;
(9)
requirements for construction experience, design experience, financial,
personnel, and equipment resources available from potential design-builders for
the project and experience in other design-build transportation projects or
similar projects, provided that these requirements may not unduly restrict
competition; and
(10) a
statement that "past performance," or "experience,"
or other criteria used in the RFQ evaluation process does not include the
exercise or assertion of a person's legal rights.
Sec.
4. Minnesota Statutes 2006, section
161.3420, subdivision 4, is amended to read:
Subd.
4. Evaluation. The selection team Technical
Review Committee shall evaluate the design-build qualifications of
responding firms and shall compile a short list of no more than five most
highly qualified firms in accordance with qualifications criteria described in
the request for qualifications (RFQ).
If only one design-build firm responds to the RFQ or remains on the
short list, the commissioner may readvertise or cancel the project as the
commissioner deems necessary.
Sec.
5. Minnesota Statutes 2006, section
161.3422, is amended to read:
161.3422 RFP FOR DESIGN-BUILD.
During
phase two, the commissioner shall issue a request for proposals (RFP) to the
design-builders on the short list. The
request must include:
(1)
the scope of work, including (i) performance and technical requirements, (ii)
conceptual design, (iii) specifications, and (iv) functional and operational
elements for the delivery of the completed project, which must be prepared by a
registered or licensed professional engineer;
(2) a
description of the qualifications required of the design-builder and the
selection criteria, including the weight or relative order, or both, of
each criterion and subcriterion;
(3)
copies of the contract documents that the successful proposer will be expected
to sign;
(4)
the maximum time allowable for design and construction;
(5)
the road authority's estimated cost of design and construction;
(6)
the requirement that a submitted proposal be segmented into two parts, a
technical proposal and a price proposal;
(7)
the requirement that each proposal be in a separately sealed, clearly
identified package and include the date and time of the submittal deadline;
(8)
the requirement that the technical proposal include a critical path method; bar
schedule of the work to be performed, or similar schematic; design plans and
specifications; technical reports; calculations; permit requirements;
applicable development fees; and other data requested in the RFP;
(9)
the requirement that the price proposal contain all design, construction,
engineering, inspection, and construction costs of the proposed project;
(10)
the date, time, and location of the public opening of the sealed price
proposals; and
(11) other information
relevant to the project; and
(12) a statement that
"past performance," "experience," or other criteria used in
the RFP evaluation process does not include the exercise or assertion of a
person's legal rights.
Sec. 6. Minnesota Statutes 2006, section 161.3426,
subdivision 1, is amended to read:
Subdivision 1. Award;
computation; announcement. Except
as provided in subdivision 2, a design-build contract shall be awarded as
follows:
(a) The Technical Review
Committee shall score the technical proposals using the selection criteria in
the request for proposals (RFP). The
Technical Review Committee shall then submit a technical proposal score for
each design-builder to the commissioner.
The Technical Review Committee shall reject any proposal it deems
nonresponsive proposal.
(b) The commissioner shall
announce the technical proposal score for each design-builder and shall
publicly open the sealed price proposals and shall divide each design-builder's
price by the technical score that the Technical Review Committee has given to
it to obtain an adjusted score. The
design-builder selected must be that responsive and responsible design-builder
whose adjusted score is the lowest score that does not exceed 110 percent of
the lowest adjusted price, within the meaning of paragraph (c), that is
submitted by a responsive, responsible design-builder.
(c) If a time factor is
included with the selection criteria in the RFP package, the commissioner may
also adjust the bids using a shall include the value of the time
factor established by the commissioner as a criterion within the RFP. The value of the time factor must be
expressed as a value per day. The
adjustment must be based on the total time value. The total time value is the design-builder's total number of days
to complete the project multiplied by the factor. The time-adjusted price is the total time value plus the bid
amount. This time adjustment
to the bids must be used for selection purposes only, and must not
affect the Department of Transportation's liquidated damages schedule or
incentive or disincentive program. An
adjusted score must then be obtained by dividing each design-builder's
time-adjusted price by the score given by the technical review team. The commissioner shall select the responsive
and responsible design-builder whose adjusted score is the lowest.
(d) Unless all proposals are
rejected, the commissioner shall award the contract to the responsive and
responsible design-builder with the lowest adjusted score. The commissioner shall reserve the right to
reject all proposals.
(e) The commissioner shall
not limit the ability of design-builders that have submitted proposals to
protest a contemplated or actual award by the commissioner by, among other
things, unreasonably restricting the time to protest, restricting the right to
seek judicial review of the commissioner's actions, attempting to change the
judicial standard of review, or attempting to shift the commissioner's costs or
damages from a protest to a protestor.
The commissioner shall wait at least seven days after both the award of
the project and public disclosure of the Technical Review Committee's scoring
data and the successful proposal before executing a contract for the project.
Sec. 7. Minnesota Statutes 2006, section 161.3426,
subdivision 3, is amended to read:
Subd. 3. Stipulated
fee. The commissioner shall award a
stipulated fee not less than two-tenths of one percent of the department's
estimated cost of design and construction to each short-listed, responsible
proposer who provides a responsive but unsuccessful proposal. Any increases to the stipulated fee must
be made only by the commissioner and the reasons for those changes must be
publicly announced at the time of the change.
If the commissioner does not award a contract, all short-listed
proposers must receive the stipulated fee.
If the commissioner cancels the
contract before reviewing
the technical proposals, the commissioner shall award each design-builder on
the short list a stipulated fee of not less than two-tenths of one percent of
the commissioner's estimated cost of design and construction. The commissioner shall pay the stipulated
fee to each proposer within 90 days after the award of the contract or the
decision not to award a contract without conditions other than those stated
in this subdivision. In
consideration for paying the stipulated fee, the commissioner may use any ideas
or information contained in the proposals in connection with any contract
awarded for the project or in connection with a subsequent procurement, without
any obligation to pay any additional compensation to the unsuccessful
proposers. Notwithstanding the other
provisions of this subdivision, an unsuccessful short-list proposer may elect
to waive the stipulated fee. If an
unsuccessful short-list proposer elects to waive the stipulated fee, the
commissioner may not use ideas and information contained in that proposer's
proposal. Upon the request of the
commissioner, a proposer who waived a stipulated fee may withdraw the waiver,
in which case the commissioner shall pay the stipulated fee to the proposer and
thereafter may use ideas and information in the proposer's proposal.
Sec.
8. Minnesota Statutes 2006, section
161.3426, subdivision 4, is amended to read:
Subd.
4. Low-bid
design-build process. (a) The
commissioner may also use low-bid, design-build procedures to award a
design-build contract where the scope of the work can be clearly defined.
(b)
Low-bid design-build projects may require a request for qualifications (RFQ)
and short-listing, and must require a request for proposals (RFP).
(c)
Submitted proposals under this subdivision must include separately a technical
proposal and a price proposal. The low-bid,
design-build procedures must follow a two-step process for review of the
responses to the RFP as follows:
(1)
The first step is the review of the technical proposal by the Technical Review
Committee as provided in section 161.3420, subdivision 2. The Technical Review Committee must open the
technical proposal first and must determine if it complies with the
requirements of the RFP and is responsive.
The Technical Review Committee shall reject any nonresponsive
proposal. The Technical Review Committee
may not perform any ranking or scoring of the technical proposals.
(2)
The second step is the determination of the low bidder based on the price
proposal. The commissioner may not open
the price proposal until the review of the technical proposal is complete.
(d)
The contract award under low-bid, design-build procedures must be made to the
proposer whose sealed bid is responsive to the technical requirements as
determined by the Technical Review Committee and that is also the
lowest bid.
(e) A
stipulated fee may be paid for unsuccessful bids on low-bid, design-build
projects only when the commissioner has required an RFQ and short-listed the
most highly qualified responsive bidders.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. REPEALER.
Minnesota
Statutes 2006, section 161.3426, subdivision 2, is repealed."
Delete
the title and insert:
"A
bill for an act relating to transportation; modifying provisions related to
design-build project requests for proposals, scoring, project awards, protests,
and stipulated fees; modifying provisions relating to Technical Review
Committee; amending Minnesota Statutes 2006, sections 13.72, subdivision 11;
161.3420, subdivisions 2, 3, 4; 161.3422; 161.3426, subdivisions 1, 3, 4;
repealing Minnesota Statutes 2006, section 161.3426, subdivision 2."
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. 3332, A bill for an act relating to commerce; regulating surcharges on
credit cards; amending Minnesota Statutes 2006, section 325G.051, subdivision
1.
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. 3374, A bill for an act relating to public safety; making certain emergency
responders exempt from permit requirement for emergency communications
equipment; amending Minnesota Statutes 2006, section 299C.37, subdivision 3.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 299C.37,
subdivision 3, is amended to read:
Subd.
3. Permit. (a) The superintendent of the bureau
shall, upon written application, issue a written permit, which shall be
nontransferable, to a person, firm, political subdivision, or corporation
showing good cause to use radio equipment capable of receiving a police
emergency frequency, as a necessity, in the lawful pursuit of a business,
trade, or occupation.
(b)
Notwithstanding paragraph (a), a permit is not required for emergency response
personnel, as defined in section 299F.092, who are members of a public safety
agency, as defined in section 403.02, to use agency-issued radio equipment as
described in subdivision 1, paragraph (a), when the holder of a Federal
Communications Commission (FCC) license has granted the public safety agency
written permission for the use of the frequencies authorized under the FCC
license, where the agency is authorized to monitor or operate on any police
emergency talkgroup on the ARMER public safety radio system in accordance with
the technical and operational standards adopted by the Statewide Radio Board,
as provided in section 403.37, or where the public safety agency use of a
frequency allocated to police interoperability is consistent with any
applicable rules or regulations."
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. 3396, A bill for an act relating to civil commitments; modifying and
clarifying time requirements for hearings; providing an exception from
prehearing discharge for commitment petitions involving persons alleged to be
mentally ill and dangerous or a sexual psychopathic personality or sexually
dangerous person; amending Minnesota Statutes 2006, section 253B.08,
subdivision 1.
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. 3408, A bill for an act relating to public safety; changing the due date of
the Gang and Drug Oversight Council's annual report to the legislature;
amending Minnesota Statutes 2006, section 299A.641, subdivision 12.
Reported
the same back with the following amendments:
Page
1, line 8, delete "15" and insert "1"
With
the recommendation that when so amended the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3433, A bill for an act relating to natural resources; establishing Lake
Vermilion State Park; amending Minnesota Statutes 2006, section 85.012, by
adding a subdivision.
Reported
the same back with the following amendments:
Page
2, delete section 3 and insert:
"Sec.
3. ACQUISITION;
LAKE VERMILION STATE PARK.
The
commissioner of natural resources may acquire by gift or purchase the lands for
Lake Vermilion State Park. Minnesota
Statutes, section 84.0272, subdivision 1, does not apply to a purchase, except
for the requirement that the lands be appraised. Prior to the purchase of any land within the boundaries
described, the state must receive from St. Louis County a resolution supporting
the purchase. Notwithstanding Minnesota
Statutes, section 92.45, or any other law to the contrary, within 24 months of
the acquisition of the state park established in section 2, the state shall
transfer to St. Louis County or sell at public auction state lands within St.
Louis County of equal ad valorem value to the lands described to be purchased
in section 2. The state lands
transferred or sold at auction must not be located in the Boundary Waters Canoe
Area and may include school trust fund lands as defined in Minnesota Statutes,
section 92.025. The state lands
transferred or sold at auction must include shoreland footage equaling the
shoreland footage described in section 2, including any island shorelands."
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. 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 21, delete "this subdivision" and insert "paragraph
(a)"
Page
2, line 4, after "parents" insert "or legal guardians"
Page
2, lines 5 and 7, strike "or tissue"
Page
2, line 8, reinstate the stricken language
Page
2, line 10, delete ", or (iii) to decline to have" and insert
"or that"
Page
2, line 11, after "samples" insert "not be"
Page
2, line 14, after "parents" insert "or legal guardians"
Page
2, line 15, strike "the parents" and insert "a parent or
legal guardian" and strike "object" and insert "objects"
Page
2, line 16, strike "elect" and insert "elects"
Page
2, line 17, strike the comma and delete "elect to decline to have"
and insert "that" and after "results" insert
"not be"
Page
2, line 19, after "parent" insert "or legal guardian"
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. 3439, A bill for an act relating to natural resources; modifying
requirements for alternative recording for state forest roads; amending
Minnesota Statutes 2006, section 89.715.
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. 3448, A bill for an act relating to children; regulating gestational
carrier arrangements; proposing coding for new law in Minnesota Statutes,
chapter 257.
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. 3498, A bill for an act relating to public safety; authorizing compensation
for members of Firefighter Training and Education Board; amending Minnesota
Statutes 2006, section 299N.02, 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.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3503, A bill for an act relating to public safety; modifying provision
relating to disability of peace officer or firefighter; amending Minnesota
Statutes 2006, section 299A.465, subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
299A.465, subdivision 1, is amended to read:
Subdivision
1. Officer
or firefighter disabled in line of duty.
(a) This subdivision applies when a peace officer or firefighter suffers
a disabling injury that:
(1)
results in the officer's or firefighter's retirement or separation from
service;
(2)
occurs while the officer or firefighter is acting in the course and scope of
duties as a peace officer or firefighter; and
(3)
the officer or firefighter has been approved to receive the officer's or
firefighter's duty-related disability pension. to any peace officer or
firefighter:
(1)
who the Public Employees Retirement Association determines is eligible to
receive a duty disability benefit pursuant to section 353.656; or
(2)
who (i) does not qualify to receive disability benefits by operation of the
eligibility requirements set forth in section 353.656, subdivision 1, paragraph
(b), (ii) retires pursuant to section 353.651, subdivision 4, or (iii) is a
member of a local police or salaried firefighters relief association and
qualifies for a duty disability benefit under the terms of plans of the relief
associations, and the peace officer or firefighter described in item (i), (ii),
or (iii) has discontinued public service as a peace officer or firefighter as a
result of a disabling injury and has been determined, by the Public Employees
Retirement Association, to have otherwise met the duty disability criteria set
forth in section 353.01, subdivision 41.
A determination made on
behalf of a peace officer or firefighter who does not meet the eligibility
requirements of section 353.656, subdivision 1, paragraph (b), or who retires
pursuant to section 353.651, subdivision 4, must be at the request of the peace
officer or firefighter and, for the purposes of this section, is binding on the
peace officer or firefighter, employer, and state. The determination must be made by the executive director of the
Public Employees Retirement Association and is not subject to section 356.96,
subdivision 2. Upon making a
determination, the executive director shall provide written notice to the peace
officer or firefighter, employer, and state.
This notice serves as a final decision and order under section
14.63. Review of a determination made
by the executive director under this section may only be obtained by way of
writ of certiorari to the Minnesota Court of Appeals. Only the peace officer or firefighter, employer, and state has
standing to participate in a judicial review of the decision of the executive
director.
(b)
The officer's or firefighter's employer shall continue to provide health
coverage for:
(1)
the officer or firefighter; and
(2)
the officer's or firefighter's dependents if the officer or firefighter was
receiving dependent coverage at the time of the injury under the employer's
group health plan.
(c)
The employer is responsible for the continued payment of the employer's
contribution for coverage of the officer or firefighter and, if applicable, the
officer's or firefighter's dependents.
Coverage must continue for the officer or firefighter and, if
applicable, the officer's or firefighter's dependents until the officer or
firefighter reaches or, if deceased, would have reached the age of
65. However, coverage for dependents
does not have to be continued after the person is no longer a dependent.
EFFECTIVE DATE. This section is effective July 1, 2008."
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. 3505, A bill for an act relating to public safety; prohibiting predatory
offenders required to register from accessing and using social networking Web
sites; amending Minnesota Statutes 2006, sections 243.166, subdivisions 1a, 4;
244.05, subdivision 6.
Reported
the same back with the recommendation that 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. 3526, A bill for an act relating to insurance; requiring equal access to
acupuncture services by certain group policies and subscriber contracts;
requiring claim determinations regarding acupuncture services to be made or
reviewed by acupuncture practitioners; requiring reporting on referrals to
acupuncture practitioners and reimbursement rates; amending Minnesota Statutes
2006, section 62A.15, subdivision 4, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 62D.
Reported
the same back with the following amendments:
Page
2, line 10, after "state" insert "performed by a
licensed acupuncture practitioner"
Page
2, line 30, after "state" insert "performed by a
licensed acupuncture practitioner"
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. 3531, A bill for an act relating to crime; clarifying that registration
time period of predatory offender restarts after conviction of a new crime;
amending Minnesota Statutes 2006, section 243.166, subdivision 6.
Reported
the same back with the following amendments:
Page
1, line 23, delete the second "or" and insert a comma and
after "parole" insert ", supervised release, or
conditional release"
Page
2, line 1, after "probation," insert "parole,"
Page
2, line 5, delete "incarceration" and insert "incarcerated"
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. 3536, A bill for an act relating to the city of Minneapolis; modifying the
city's housing replacement district law; amending Laws 1995, chapter 264,
article 5, sections 44, subdivision 4, as amended; 45, subdivision 1, as
amended; 46, subdivision 2.
Reported
the same back with the recommendation that the bill be re-referred to the Committee
on Taxes without further recommendation.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3538, A bill for an act relating to insurance taxes; providing a credit for
investment in start-up and emerging Minnesota businesses; proposing coding for
new law in Minnesota Statutes, chapters 116J; 297I.
Reported
the same back with the following amendments:
Page
10, delete lines 1 to 5
Page
10, line 6, delete "(i)" and insert "(h)"
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. 3543, A bill for an act relating to business organizations; providing for
the return of documents submitted to the secretary of state; regulating foreign
cooperatives; removing the request that the attorney general and the Department
of Revenue be notified of the dissolution of foreign cooperatives and nonprofit
corporations; allowing foreign limited liability partnerships to use
alternative names under certain circumstances; eliminating contest of name
filings; amending Minnesota Statutes 2006, sections 47.12, subdivision 2;
60A.07, subdivision 1; 303.11; 303.16, subdivision 4; 303.17, subdivision 4;
308A.005, by adding a subdivision; 308B.211, subdivision 2; 308B.221,
subdivision 4; 317A.823, subdivision 2; 321.0108; 323A.1102; proposing coding
for new law in Minnesota Statutes, chapters 5; 308A; 308B; repealing Minnesota
Statutes 2006, sections 5.22; 302A.115, subdivision 8; 303.05, subdivision 4;
308A.121, subdivision 3; 308B.151; 317A.115, subdivision 6; 322B.12,
subdivision 6.
Reported
the same back with the following amendments:
Page
3, delete section 5
Renumber
the sections in sequence
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. 3549, A bill for an act relating to natural resources; establishing medical
standards for permitting off-highway vehicle use by disabled persons on public
trails; amending Minnesota Statutes 2006, section 84.926, subdivision 1.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3559, A bill for an act relating to human services; modifying license
requirements for day training and habilitation programs; amending Minnesota
Statutes 2006, section 245B.07, subdivision 12.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
245A.10, subdivision 4, is amended to read:
Subd.
4. License
or certification fee for certain programs.
(a) Child care centers and programs with a licensed capacity shall pay
an annual nonrefundable license or certification fee based on the following
schedule:
Child
Care Center Other
Program
Licensed
Capacity License
Fee License
Fee
1 to 24
persons $225 $400
25 to
49 persons $340 $600
50 to
74 persons $450 $800
75 to
99 persons $565 $1,000
100 to
124 persons $675 $1,200
125 to
149 persons $900 $1,400
150 to
174 persons $1,050 $1,600
175 to
199 persons $1,200 $1,800
200 to
224 persons $1,350 $2,000
225 or
more persons $1,500 $2,500
(b) A day training and
habilitation program serving persons with developmental disabilities or related
conditions shall be assessed a license fee based on the schedule in paragraph
(a) unless the license holder serves more than 50 percent of the same persons
at two or more locations in the community.
Except as provided in paragraph (c), when a day training and
habilitation program serves more than 50 percent of the same persons in two or
more locations in a community, the day training and habilitation program shall
pay a license fee based on the licensed capacity of the largest facility and
the other facility or facilities shall be charged a license fee based on a
licensed capacity of a residential program serving one to 24 persons.
(c) When a day training and
habilitation program serving persons with developmental disabilities or related
conditions seeks a single license allowed under section 245B.07, subdivision
12, clause (2) or (3), the licensing fee must be based on the combined licensed
capacity for each location.
Sec. 2. Minnesota Statutes 2006, section 245B.07,
subdivision 12, is amended to read:
Subd. 12. Separate
license required for separate sites.
The license holder shall apply for separate licenses for each day
training and habilitation service site owned or leased by the license holder at
which persons receiving services and the provider's employees who provide
training and habilitation services are present for a cumulative total of more
than 30 days within any 12-month period, and for each residential service
site. Notwithstanding this subdivision,
a separate license is not required for:
(1) a day training and
habilitation service site used only for the limited purpose of providing
transportation to consumers receiving community-based day training and
habilitation services from a license holder;
(2) a day training and
habilitation program that is in a separate building that is adjacent to the
central operation of the day training and habilitation program; or
(3) a satellite day training
and habilitation program. For purposes
of this clause, a satellite day training and habilitation program is a program
that is affiliated with the central operations of an existing day training and
habilitation program and is in a separate nonadjacent building in the same
county as the central operation day training and habilitation program."
Delete the title and insert:
"A bill for an act
relating to human services; modifying license requirements for day training and
habilitation programs; amending Minnesota Statutes 2006, sections 245A.10,
subdivision 4; 245B.07, subdivision 12."
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. 3561, A bill for an act relating to natural resources; modifying public
water access site acquisition authority; amending Minnesota Statutes 2006,
section 97A.141, subdivision 1; repealing Minnesota Statutes 2006, section
97A.141, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3574, A bill for an act relating to the State Building Code; regulating the
application and enforcement of the State Building Code; amending Minnesota
Statutes 2006, sections 16B.616, subdivision 4; 16B.62; 16B.71; Minnesota
Statutes 2007 Supplement, sections 16B.61, subdivision 3; 16B.735; repealing
Minnesota Statutes 2007 Supplement, sections 16B.72; 16B.73.
Reported
the same back with the following amendments:
Page
3, line 12, delete "or" and insert "and"
Page
7, line 26, before the period, insert "where a fee has been collected
by the municipality"
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. 3575, A bill for an act relating to pupil transportation; establishing
qualifications for type III school bus drivers; providing criminal penalties;
authorizing rulemaking; amending Minnesota Statutes 2006, sections 169.01,
subdivision 75; 169.448, subdivision 1; 169A.03, subdivision 23; 171.02, by
adding subdivisions; Minnesota Statutes 2007 Supplement, sections 169.443,
subdivision 9; 171.02, subdivision 2; repealing Minnesota Statutes 2007
Supplement, section 171.02, subdivision 2a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 169.443, subdivision 9, is amended to read:
Subd.
9. Personal
cellular phone call prohibition. (a)
As used in this subdivision, "school bus" has the meaning given in
section 169.01, subdivision 6. In
addition, the term includes type III school buses as described in section
169.01, subdivision 6, clause (5), when driven by employees or agents of school
districts for transportation.
(b)
A school
bus driver may not operate a school bus while communicating over, or otherwise
operating, a cellular phone for personal reasons, whether hand-held or hands
free, when the vehicle is in motion.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to
crimes committed on or after that date.
Sec.
2. Minnesota Statutes 2006, section
169A.03, subdivision 23, is amended to read:
Subd.
23. School bus. "School
bus" has the meaning given in section 169.01, subdivision 6. In addition, the term includes type III
school buses as described in section 169.01, subdivision 6, clause (5), when
driven by employees or agents of school districts for transportation.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to
crimes committed on or after that date.
Sec.
3. Minnesota Statutes 2006, section
171.02, is amended by adding a subdivision to read:
Subd.
2b. Exception
for type III school bus drivers.
(a) Notwithstanding subdivision 2, paragraph (c), the holder of a
class D driver's license, without a school bus endorsement, may operate a type
III school bus as described in section 169.01, subdivision 6, clause (5), under
the conditions in paragraphs (b) through (n).
(b)
The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
(c)
The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
(1)
safe operation of a type III school bus;
(2)
understanding student behavior, including issues relating to students with
disabilities;
(3)
encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4)
knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
(5)
handling emergency situations;
(6)
proper use of seat belts and child safety restraints;
(7)
performance of pretrip vehicle inspections; and
(8)
safe loading and unloading of students, including, but not limited to:
(i)
utilizing a safe location for loading and unloading students at the curb, on
the nontraffic side of the roadway, or at off-street loading areas, driveways,
yards, and other areas to enable the student to avoid hazardous conditions;
(ii)
refraining from loading and unloading students in a vehicular traffic lane, on
the shoulder, in a designated turn lane, or in a lane adjacent to a designated
turn lane;
(iii)
avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across
the road if it is not reasonably feasible to avoid such a location; and
(iv)
placing the type III school bus in "park" during loading and
unloading.
(d)
A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or
123B.03 for school district employees; section 144.057 or chapter 245C for day
care employees; or section 171.321, subdivision 3, for all other persons
operating a type A or type III school bus under this subdivision.
(e)
Operators shall submit to a physical examination as required by section
171.321, subdivision 2.
(f)
The operator's employer has adopted and implemented a policy that provides for
mandatory drug and alcohol testing of applicants for operator positions and
current operators, in accordance with section 181.951, subdivisions 2, 4, and
5.
(g)
The operator's driver's license is verified annually by the entity that owns,
leases, or contracts for the school bus.
(h)
A person who sustains a conviction, as defined under section 609.02, of
violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's
license is revoked under sections 169A.50 to 169A.53 of the implied consent
law, or who is convicted of or has their driver's license revoked under a
similar statute or ordinance of another state, is precluded from operating a
type III school bus for five years from the date of conviction.
(i)
A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III
school bus under this subdivision.
(j)
A person who sustains a conviction, as defined under section 609.02, of a
moving offense in violation of chapter 169 within three years of the first of
three other moving offenses is precluded from operating a type III school bus
for one year from the date of the last conviction.
(k)
An operator who sustains a conviction as described in paragraph (h), (i), or
(j) while employed by the entity that owns, leases, or contracts for the school
bus, shall report the conviction to the employer within ten days of the date of
the conviction.
(l)
Students riding the type III school bus must have training required under
section 123B.90, subdivision 2.
(m)
Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III
school bus operator. The business
manager, school board, governing body of a nonpublic school, or any other
entity that owns, leases, or contracts for the type III school bus operating
under this subdivision is responsible for maintaining these files for
inspection.
(n)
The type III school bus must bear a current certificate of inspection issued
under section 169.451.
(o)
An operator employed by a school or school district, whose normal duties do not
include operating a type III school bus, who holds a class D driver's license
without a school bus endorsement, may operate a type III school bus and is
exempt from paragraphs (d), (e), (f), (g), and (k).
EFFECTIVE DATE. This section is effective September 1, 2008.
Sec.
4. Minnesota Statutes 2006, section
171.02, is amended by adding a subdivision to read:
Subd.
2c. Rulemaking. The commissioner may adopt rules
regarding the qualifications and requirements for drivers of type III school
buses.
EFFECTIVE DATE. This section is effective August 1, 2008."
Delete
the title and insert:
"A bill for an act relating to pupil
transportation; establishing qualifications for type III school bus drivers;
providing criminal penalties; authorizing rulemaking; amending Minnesota
Statutes 2006, sections 169A.03, subdivision 23; 171.02, by adding
subdivisions; Minnesota Statutes 2007 Supplement, section 169.443, subdivision
9.
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. 3583, A bill for an act relating to public safety; modifying the retention
of juvenile adjudication history; amending Minnesota Statutes 2006, section
299C.095, subdivisions 1, 2.
Reported
the same back with the following amendments:
Page
1, delete section 1
Page
2, line 29, reinstate the stricken language
Page
2, line 31, reinstate the stricken language and delete the new language
Page
2, delete lines 32 to 34
Renumber
the sections in sequence
Correct
the title numbers accordingly
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. 3612, A bill for an act relating to real property; providing for the
Minnesota Subprime Foreclosure Deferment Act of 2008; proposing coding for new
law in Minnesota Statutes, chapter 583.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [583.33]
CITATION.
Sections
583.33 to 583.40 shall be cited as the "Minnesota Subprime Foreclosure
Deferment Act of 2008."
Sec.
2. [583.34]
DEFINITIONS.
Subdivision
1. Scope. For purposes of sections 583.33 to
583.40, the terms defined in this section have the meanings given to them.
Subd.
2. The
act. "The act"
means the Minnesota Subprime Foreclosure Deferment Act of 2008.
Subd.
3. Deferment
payment. "Deferment
payment" means the monthly amount that is due to the foreclosing lender by
an eligible foreclosed borrower under section 538.37 to maintain the right to
deferment.
Subd.
4. Deferment
period. "Deferment
period" means the period that begins on the effective date of the act and
expires one year following the effective date of the act.
Subd.
5. Deferment
right. "Deferment
right" means the relief provided to an eligible foreclosed borrower in
section 583.35.
Subd.
6. Eligible
foreclosed loan. "Eligible
foreclosed loan" means a residential mortgage loan currently subject to a
pending foreclosure sale under chapter 580 or 581 for which: (1) the closing of the loan occurred after
January 1, 2001, and prior to August 1, 2007; and (2) either is a subprime
loan, or is a loan with negative amortization for which the required minimum payment
of principal and interest increased after the date the loan was originated.
Subd.
7. Eligible
foreclosed borrower. "Eligible
foreclosed borrower" means a borrower who: (1) is a mortgagor under an eligible foreclosed loan; and (2)
resides at the mortgaged property and intends to reside at the mortgaged
property at least until the end of the deferment period.
Subd.
8. Foreclosing
lender. "Foreclosing
lender" means the mortgagee who is foreclosing the mortgage of an eligible
foreclosed borrower.
Subd.
9. Minnesota
Residential Mortgage Originator and Servicer Licensing Act definitions. The following terms defined in section
58.02 have the same meanings for purposes of sections 583.33 to 583.40: "residential mortgage loan";
"residential mortgage servicer or servicer"; "residential real
property" or "residential real estate"; "subprime
loan"; "negative amortization" and "fully indexed
rate."
Subd.
10. Subprime
loan. "Subprime
loan" means a loan as defined in section 58.02, subdivision 27, except a
subprime loan does not include a loan originated by a federal or state
chartered bank, savings bank, or credit union.
Sec.
3. [583.35]
RIGHT TO FORECLOSURE DEFERMENT.
An
eligible foreclosed borrower has the right to defer a foreclosure sale under chapter
580 or 581 until the expiration of the deferment period by providing an
affidavit of deferment to the foreclosing lender in accordance with section
583.36. A foreclosing lender shall
rescind notice of a foreclosure sale if the eligible foreclosed borrower has
submitted to the foreclosing lender an affidavit of deferment prior to or at
the time of the foreclosure sale. Upon
expiration of the deferment period or the loss of the deferment under section
583.37, subdivision 4, a foreclosing lender may schedule a deferred foreclosure
sale by publishing the notice of foreclosure sale once in the newspaper in
which the original advertisement was published and by serving a copy of the
notice of foreclosure sale in a like manner as a summons in a civil action in
the district court upon the person in possession of the mortgaged premises at
least four weeks prior to the sale.
Sec.
4. [583.36]
AFFIDAVIT OF DEFERMENT.
Subdivision
1. Affidavit
of deferment. The affidavit
of deferment shall state the name of the eligible foreclosed borrower, the
address of the property in foreclosure, and contain the following statements:
"(1)
I am the borrower on a mortgage loan on residential property located at
[address of property] (hereinafter "subject property");
(2)
A foreclosure sale has been scheduled on the subject property;
(3)
I currently reside at the subject property;
(4)
If permitted to reside at the subject property, I intend to reside at the
subject property until at least [end of deferment period];
(5)
I believe that the mortgage loan on the subject property is either:
(i)
a subprime loan; or
(ii)
a loan with negative amortization for which the required minimum payment has
increased."
The
affidavit shall be signed by at least one eligible foreclosed borrower who is
the mortgagor of the residential real property being foreclosed.
Subd.
2. Service
on foreclosing lender. A
foreclosing lender shall accept the affidavit of deferment if delivered through
any reasonable means to the mortgagee or counsel for the mortgagee identified
in the notice of foreclosure.
Reasonable means of delivery include, but are not limited to, delivery
in person to any agent or employee of the mortgagee or counsel for the
mortgagee, or delivery by United States mail or other reliable delivery service
to the address of the mortgagee or counsel for the mortgagee in the notice of
foreclosure, in the notice of right to deferment required by section 583.39, or
at the address of the registered agent with the secretary of state. Notwithstanding the above, a sheriff
conducting a foreclosure sale shall accept an affidavit of deferment, deliver
it to the foreclosing lender, and cancel the foreclosure sale.
Subd.
3. Acknowledgment
by foreclosing lender. The
foreclosing lender shall promptly provide to the eligible foreclosed borrower a
written acknowledgment that it has received the affidavit of deferment. The acknowledgment shall state the
following:
(1)
that the foreclosure sale has been canceled;
(2)
the deferment payment amount that is due by the eligible foreclosed borrower;
(3)
the date that the first deferment payment is due;
(4)
the date that each subsequent deferment payment is due; and
(5)
the address to which the borrower should send the deferment payment or the
payment delivery methods that are acceptable to the foreclosing lender. The acknowledgment shall be on a single
sheet of paper, shall use plain language, and no other documents shall be
included with the acknowledgment. The
bottom of the acknowledgment shall include the following disclosure in bold,
14-point type:
The
cancellation of the foreclosure sale on your property is the result of a law
passed by the Minnesota Legislature in 2008.
You must make the monthly payment in full by the due dates listed in
this letter. If you do not make the
payments on time, we will have the right to schedule a foreclosure sale on your
property.
Subd.
4. Charges
prohibited. A foreclosing
lender shall not charge an eligible foreclosed borrower any amount other than
the deferment payment for exercising the deferment right.
Sec.
5. [583.37]
BORROWER PAYMENT REQUIREMENT.
Subdivision
1. Borrower
payment required. An
eligible foreclosed borrower who has a deferment right shall make monthly
payments to the foreclosing lender. The
payment shall be made no later than the 15th day of each month. The first payment is not due until the 15th
day of the month that is a minimum of 30 days after the date that the
foreclosing lender sends the acknowledgment required by section 583.36, subdivision
3.
Subd.
2. Amount
of payment. For an eligible
foreclosed borrower with a subprime loan, the amount of payment would be the
lesser of: (1) the minimum monthly
payment on the date the loan was originated; or (2) 65 percent of the minimum
monthly payment at the time the borrower defaulted prior to foreclosure. For an eligible foreclosed borrower with a
negative amortization loan that is not also a subprime loan, the amount of
payment would be the minimum monthly payment on the date the loan was originated. For purposes of this subdivision,
"payment" means principle and interest.
Subd.
3. Payment
advice notice. The
foreclosing lender shall provide to the eligible foreclosed borrower monthly
written payment advice notices. The
notice shall be sent by the first day of each month until the expiration of the
deferment period or the loss of the deferment under subdivision 4. Each notice shall state (1) the amount of
payment owed from the eligible foreclosed borrower; (2) the address to which
the borrower should send the deferment payment; and (3) the date that the
payment must be received to avoid loss of the deferment right under subdivision
4. The payment advice notice shall be
on a single sheet of paper, shall use plain language, and no other documents
shall be included with the notice. The
bottom of the notice shall include the following disclosure in bold, 14-point
type:
The
deferment of the foreclosure sale on your property is the result of a law
passed by the Minnesota Legislature in 2008. You must continue to make the monthly payment in full by the 15th
day of each month. If you do not make
the payments on time, we will have the right to schedule a foreclosure sale on
your property. The deferment period
will end on (last day of deferment period).
Subd.
4. Borrower
failure to pay. An eligible
foreclosed borrower who fails to make payments in the amount required and by
the date required under this section shall lose the deferment right.
Sec.
6. [583.38]
RESOLUTION OF DISPUTES.
Subdivision
1. Dispute
as to eligible foreclosed loan status.
If the foreclosing lender determines after a reasonable investigation
and in good faith that the person submitting an affidavit of deferment is not
the mortgagor under an eligible foreclosed loan, the foreclosing lender shall
provide a notice of denial of deferment to the person submitting the affidavit
of deferment. The foreclosing lender
must send a notice of denial by certified mail through the United States mail
within five business days of receiving the affidavit of deferment. The notice of denial shall be on a single
sheet of paper and no other documents shall be included with the notice. Such notice must include an explanation, in
plain language, of the reasons that the loan is not an eligible foreclosed
loan. Such notice must also inform the
person who executed the affidavit of deferment that the person has the right to
apply to the court for an order deferring the foreclosure sale.
Subd.
2. Other
disputes. For any other
dispute about the deferment right or other rights or requirements under the
act, a person can apply to the district court in the county where the property
is located for an order establishing the rights of the parties to the dispute.
Sec.
7. [583.39]
NOTICE OF RIGHT TO DEFERMENT.
Subdivision
1. Notice
requirement; form and delivery of notice. Every foreclosing lender shall send to each borrower who has
an eligible foreclosed loan a notice of right to deferment. The notice of right to deferment shall be in
the form of, and subject to the delivery requirements specified in, section
580.041, subdivision 1b. The notice of
right to deferment must also indicate an address at which the foreclosing
lender will accept service of an affidavit of deferment under section 583.36,
subdivision 2. The terms of section
580.041, subdivisions 3 and 4, apply to this section. Notwithstanding the above, a foreclosing lender must within three
days after the first day of the deferment period send the notice of right to
deferment to each borrower who has an eligible foreclosed loan who has a
foreclosure sale scheduled within 20 days of the first day of the deferment
period, and must within 14 days after the first day of the deferment period
send the notice of right to deferment to all other borrowers who have an
eligible foreclosed loan at the beginning of the deferment period.
Subd.
2. Content. The notice required by this section must
appear substantially as follows:
"Emergency
Help For Homeowners in Foreclosure:
IMPORTANT: You are eligible to have the foreclosure of
your home stopped until at least (end of deferment period).
The
state of Minnesota recently passed a law which lets homeowners stop a
foreclosure sale. To qualify, you must
currently live at the home in foreclosure and intend to live at the home for at
least the next 12 months.
You
will also need to complete and sign a special form (called an
"affidavit") and provide that affidavit to us at the following
address: (insert address in the state
of Minnesota).
There
are many government agencies and nonprofit organizations that can help you
complete this affidavit. For the name
and telephone number of an organization near you, please call the Minnesota
Housing Finance Agency (MHFA) at (insert telephone number/Web site). The state does not guarantee the advice of
these agencies.
Do not delay dealing with the
foreclosure because your options for foreclosure deferment end with the
foreclosure sale."
Sec.
8. [583.40]
BAD FAITH OR RECKLESS VIOLATION.
A
foreclosing lender who acts in bad faith or recklessly in violation of sections
583.35 to 583.39 shall be liable to a person injured by the violation for
actual damages, statutory damages of up to $25,000, punitive damages in an
amount determined by the court, costs, and reasonable attorney's fees.
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 real property; providing for the Minnesota Subprime
Foreclosure Deferment Act of 2008; proposing coding for new law in Minnesota
Statutes, chapter 583."
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.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3624, A bill for an act relating to education finance; expanding
Minnesota's public education mission to include a framework to guide future
education policy decisions; amending Minnesota Statutes 2006, section 120A.03.
Reported
the same back with the following amendments:
Page
2, delete lines 14 to 35
Page
3, delete lines 1 and 2 and insert:
"(1)
in the area of early childhood education, ensure that investment in educational
success starts early;
(2)
in the area of educator quality, ensure that excellent teachers and principals
are recruited, prepared, supported, and retained;
(3)
in the area of academic rigor, ensure all programs and initiatives are rigorous
and lead to higher education;
(4)
in the area of family and community involvement, ensure families and
communities are full education partners;
(5)
ensure that all cultures are included and supported, and connections are made
across local and global cultural divides;
(6)
in the area of data and research, ensure that educators use data and research
to improve teaching and learning on a daily basis;
(7)
ensure schools receive predictable and sufficient funding to produce world
class performance;
(8)
ensure school schedules and calendars help all students reach high standards;
(9)
in the area of special education, ensure services for students with
disabilities are proactive, effective, efficient, and adequately funded; and
(10)
in the area of health and wellness, encourage parents and other stakeholders to
ensure that students come to school physically and mentally ready to learn."
Page
3, delete section 2
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. 3657, A bill for an act relating to Carver County; making the library board
advisory to the county board.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3708, A bill for an act relating to health; changing licensing requirements
for certain health professions; amending Minnesota Statutes 2006, sections 148.512,
subdivisions 10b, 20; 148.5161, subdivisions 2, 3; 148.5175; 148.519,
subdivision 3; 148.5194, subdivisions 7, 8; 148.5195, subdivision 3; 148.6425;
148.6428; 148.6440; 148.6443, subdivisions 1, 3; 148.6445, subdivision 11;
153A.13, subdivision 4; 153A.14, subdivisions 2i, 4a, 11; 153A.175; Minnesota
Statutes 2007 Supplement, section 148.515, subdivision 2.
Reported
the same back with the following amendments:
Page
1, delete section 1 and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 146A.11, subdivision 1, is amended to read:
Subdivision
1. Scope. (a) All unlicensed complementary and
alternative health care practitioners shall provide to each complementary and
alternative health care client prior to providing treatment a written copy of
the complementary and alternative health care client bill of rights. A copy must also be posted in a prominent
location in the office of the unlicensed complementary and alternative health
care practitioner. Reasonable
accommodations shall be made for those clients who cannot read or who have
communication impairments and those who do not read or speak English. The complementary and alternative health
care client bill of rights shall include the following:
(1)
the name, complementary and alternative health care title, business address,
and telephone number of the unlicensed complementary and alternative health
care practitioner;
(2)
the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided,
followed by the following statement in bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY
EDUCATIONAL AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONERS. THIS STATEMENT
OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.
Under
Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a
client desires a diagnosis from a licensed physician, chiropractor, or
acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture
practitioner, athletic trainer, or any other type of health care provider, the
client may seek such services at any time.";
(3)
the name, business address, and telephone number of the practitioner's
supervisor, if any;
(4)
notice that a complementary and alternative health care client has the right to
file a complaint with the practitioner's supervisor, if any, and the procedure
for filing complaints;
(5)
the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may
file complaints with the office;
(6)
the practitioner's fees per unit of service, the practitioner's method of
billing for such fees, the names of any insurance companies that have agreed to
reimburse the practitioner, or health maintenance organizations with whom the
practitioner contracts to provide service, whether the practitioner accepts
Medicare, medical assistance, or general assistance medical care, and whether
the practitioner is willing to accept partial payment, or to waive payment, and
in what circumstances;
(7) a
statement that the client has a right to reasonable notice of changes in
services or charges;
(8) a
brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;
(9)
notice that the client has a right to complete and current information
concerning the practitioner's assessment and recommended service that is to be
provided, including the expected duration of the service to be provided;
(10) a
statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;
(11) a
statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the
client, or otherwise provided by law;
(12) a
statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;
(13) a
statement that other services may be available in the community, including
where information concerning services is available;
(14) a
statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the
limits of health insurance, medical assistance, or other health programs;
(15) a
statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;
(16) a
statement that the client may refuse services or treatment, unless otherwise
provided by law; and
(17) a
statement that the client may assert the client's rights without retaliation.
(b)
This section does not apply to an unlicensed complementary and alternative
health care practitioner who is employed by or is a volunteer in a hospital or
hospice who provides services to a client in a hospital or under an appropriate
hospice plan of care. Patients
receiving complementary and alternative health care services in an inpatient
hospital or under an appropriate hospice plan of care shall have and be made
aware of the right to file a complaint with the hospital or hospice provider
through which the practitioner is employed or registered as a volunteer.
Sec.
2. Minnesota Statutes 2006, section
147.03, subdivision 1, is amended to read:
Subdivision
1. Endorsement;
reciprocity. (a) The board may
issue a license to practice medicine to any person who satisfies the
requirements in paragraphs (b) to (f).
(b)
The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (b), (d), (e), and (f).
(c)
The applicant shall:
(1)
have passed an examination prepared and graded by the Federation of State
Medical Boards, the National Board of Medical Examiners, or the United States
Medical Licensing Examination (USMLE) program in accordance with section
147.02, subdivision 1, paragraph (c), clause (2); the National Board of
Osteopathic Examiners; or the Medical Council of Canada; and
(2)
have a current license from the equivalent licensing agency in another state or
Canada and, if the examination in clause (1) was passed more than ten years
ago, either:
(i)
pass the Special Purpose Examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or
(ii)
have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of
Professional Education, the Royal College of Physicians and Surgeons of Canada,
or of the College of Family Physicians of Canada.; or
(3)
if the applicant fails to meet the requirement established in section 147.02,
subdivision 1, paragraph (c), clause (2), because the applicant failed to pass
each of steps one, two, and three of the USMLE within the required three
attempts, the applicant may be granted a license provided the applicant:
(i)
has passed each of steps one, two, and three with passing scores as recommended
by the USMLE program within no more than four attempts for any of the three
steps;
(ii)
is currently licensed in another state; and
(iii)
has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association Bureau of Professional
Education, the Royal College of Physicians and Surgeons of Canada, or the
College of Family Physicians of Canada.
(d)
The applicant shall pay a fee established by the board by rule. The fee may not be refunded.
(e)
The applicant must not be under license suspension or revocation by the
licensing board of the state or jurisdiction in which the conduct that caused
the suspension or revocation occurred.
(f)
The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as
specified in paragraph (e). If an
applicant does not satisfy the requirements stated in this paragraph, the board
may issue a license only on the applicant's showing that the public will be
protected through issuance of a license with conditions or limitations the
board considers appropriate.
(g)
Upon the request of an applicant, the board may conduct the final interview of
the applicant by teleconference.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 147.037, subdivision 1, is amended to read:
Subdivision
1. Requirements. The board shall issue a license to practice
medicine to any person who satisfies the requirements in paragraphs (a) to (g).
(a)
The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (e), (f), (g), and (h).
(b)
The applicant shall present evidence satisfactory to the board that the
applicant is a graduate of a medical or osteopathic school approved by the
board as equivalent to accredited United States or Canadian schools based upon
its faculty, curriculum, facilities, accreditation, or other relevant
data. If the applicant is a graduate of
a medical or osteopathic program that is not accredited by the Liaison
Committee for Medical Education or the American Osteopathic Association, the
applicant may use the Federation of State Medical Boards' Federation
Credentials Verification Service (FCVS) or its successor. If the applicant uses this service as
allowed under this paragraph, the physician application fee may be less than
$200 but must not exceed the cost of administering this paragraph.
(c)
The applicant shall present evidence satisfactory to the board that the
applicant has been awarded a certificate by the Educational Council for Foreign
Medical Graduates, and the applicant has a working ability in the English
language sufficient to communicate with patients and physicians and to engage
in the practice of medicine.
(d)
The applicant shall present evidence satisfactory to the board of the
completion of two years of graduate, clinical medical training in a program
located in the United States, its territories, or Canada and accredited by a
national accrediting organization approved by the board. This requirement does not apply:
(1) to
an applicant who is admitted as a permanent immigrant to the United States on
or before October 1, 1991, as a person of exceptional ability in the sciences
according to Code of Federal Regulations, title 20, section 656.22(d);
(2) to
an applicant holding a valid license to practice medicine in another country
and issued a permanent immigrant visa after October 1, 1991, as a person of
extraordinary ability in the field of science or as an outstanding professor or
researcher according to Code of Federal Regulations, title 8, section 204.5(h)
and (i), or a temporary nonimmigrant visa as a person of extraordinary ability
in the field of science according to Code of Federal Regulations, title 8,
section 214.2(o),
provided that a person under
clause (1) or (2) is admitted pursuant to rules of the United States Department
of Labor; or
(3) to
an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has
completed one year of the graduate, clinical medical training required by this
paragraph, and has passed the Special Purpose Examination of the Federation of
State Medical Boards within three attempts in the 24 months before licensing.
(e)
The applicant must:
(1)
have passed an examination prepared and graded by the Federation of State
Medical Boards, the United States Medical Licensing Examination program in
accordance with section 147.02, subdivision 1, paragraph (c), clause (2), or
the Medical Council of Canada; and
(2)
have a current license from the equivalent licensing agency in another state or
country and, if the examination in clause (1) was passed more than ten years
ago, either:
(i)
pass the Special Purpose Examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or
(ii)
have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the
College of Family Physicians of Canada.; or
(3)
if the applicant fails to meet the requirement established in section 147.02,
subdivision 1, paragraph (c), clause (2), because the applicant failed to pass
each of steps one, two, and three of the USMLE within the required three
attempts, the applicant may be granted a license provided the applicant:
(i)
has passed each of steps one, two, and three with passing scores as recommended
by the USMLE program within no more than four attempts for any of the three
steps;
(ii)
is currently licensed in another state; and
(iii)
has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association Bureau of Professional
Education, the Royal College of Physicians and Surgeons of Canada, or the
College of Family Physicians of Canada.
(f)
The applicant must not be under license suspension or revocation by the
licensing board of the state or jurisdiction in which the conduct that caused
the suspension or revocation occurred.
(g)
The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as
specified in paragraph (f). If an
applicant does not satisfy the requirements stated in this paragraph, the board
may issue a license only on the applicant's showing that the public will be
protected through issuance of a license with conditions or limitations the
board considers appropriate.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page
4, line 11, before the period, insert "or 2a"
Page
18, delete section 17 and insert:
"Sec.
19. [148B.195] DUTY TO WARN.
A
licensee must comply with the duty to warn established in section 148.975.
Sec.
20. Minnesota Statutes 2006, section
151.01, subdivision 27, is amended to read:
Subd.
27. Practice of pharmacy.
"Practice of pharmacy" means:
(1)
interpretation and evaluation of prescription drug orders;
(2)
compounding, labeling, and dispensing drugs and devices (except labeling by a
manufacturer or packager of nonprescription drugs or commercially packaged
legend drugs and devices);
(3)
participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs;
(4)
participation in drug and therapeutic device selection; drug administration for
first dosage and medical emergencies; drug regimen reviews; and drug or
drug-related research;
(5)
participation in administration of influenza and pneumococcal vaccine vaccines
to all eligible individuals over 18 ten years of age and
all other vaccines to patients 18 years of age and older under standing
orders from a physician licensed under chapter 147 or by written protocol with
a physician provided that:
(i)
the pharmacist is trained in a program approved by the American Council of
Pharmaceutical Education for the administration of immunizations or graduated
from a college of pharmacy in 2001 or thereafter; and
(ii)
the pharmacist reports the administration of the immunization to the patient's
primary physician or clinic;
(6)
participation in the practice of managing drug therapy and modifying drug
therapy, according to section 151.21, subdivision 1, on a case-by-case basis
according to a written protocol between the specific pharmacist and the
individual dentist, optometrist, physician, podiatrist, or veterinarian who is
responsible for the patient's care and authorized to independently prescribe
drugs. Any significant changes in drug
therapy must be reported by the pharmacist to the patient's medical record;
(7)
participation in the storage of drugs and the maintenance of records;
(8)
responsibility for participation in patient counseling on therapeutic values,
content, hazards, and uses of drugs and devices; and
(9)
offering or performing those acts, services, operations, or transactions
necessary in the conduct, operation, management, and control of a
pharmacy."
Page
19, line 23, delete "American Board of Audiology,"
Page
21, after line 21, insert:
"Sec.
25. EXEMPTION.
The
Board of Physical Therapy shall grant a waiver of the examination requirements
under Minnesota Statutes, section 148.723, to an applicant applying for
licensure before July 1, 2008, who has been issued physical therapy licenses
between 1980 and 1995 in at least three other states and one or more foreign
countries. The licenses issued by the
other states and foreign country must be in good standing or were in good
standing at the time the license expired.
The applicant must meet all other requirements of Minnesota Statutes,
section 148.705. This waiver expires on
September 1, 2008.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber
the sections in sequence and correct the internal references
Amend
the title as follows:
Page
1, line 2, after the second semicolon, insert "changing a provision for
unlicensed complementary and alternative health care practitioners;"
Correct
the title numbers accordingly
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. 3710, A bill for an act relating to health; permitting hospital records to
be transferred to electronic image; amending Minnesota Statutes 2006, sections
145.30; 145.31; Minnesota Statutes 2007 Supplement, section 145.32, subdivision
1.
Reported
the same back with the following amendments:
Page
1, line 17, strike "PHOTOSTATIC"
Page
2, after line 27, insert:
"Sec.
4. Minnesota Statutes 2007 Supplement,
section 149A.80, subdivision 1, is amended to read:
Subdivision
1. Advance
directives and will of decedent. A
person may direct the preparation for, type, or place of that person's final
disposition, as well as the type of conveyance to be used to transport the
body to the place of final disposition, either by oral or written
instructions. Arrangements made in
advance of need with a funeral establishment must be in writing and dated,
signed, and notarized. The person or
persons otherwise entitled to control the final disposition under this chapter
shall faithfully carry out the reasonable and otherwise lawful directions of the
decedent to the extent that the decedent has provided resources for the purpose
of carrying out the directions. If the
instructions are contained in a will, they shall be immediately carried out,
regardless of the validity of the will in other respects or of the fact that
the will may not be offered for or admitted to probate until a later date,
subject to other provisions of this chapter or any other law of this
state. This subdivision shall be
administered and construed so that the reasonable and lawful instructions of
the decedent or the person entitled to control the final disposition shall be
faithfully and promptly performed.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 149A.93, subdivision 6, is amended to read:
Subd.
6. Conveyances
permitted for transportation. A
dead human body may be transported by means of public transportation provided
that the body must be properly embalmed and encased in an appropriate
container, or by any private vehicle or aircraft that meets the following standards:
(1)
promotes respect for and preserves the dignity of the dead human body;
(2)
shields the body from being viewed from outside of the conveyance;
(3)
has ample enclosed area to accommodate a regulation ambulance cot, aircraft
ambulance stretcher, casket, alternative container, or cremation container in a
horizontal position;
(4) is
designed to permit loading and unloading of the body without excessive tilting
of the casket, alternative container, or cremation container; and
(5) if
used for the transportation of more than one dead human body at one time, the
vehicle must be designed so that a body or container does not rest directly on
top of another body or container and that each body or container is secured to
prevent the body or container from excessive movement within the conveyance;
and.
(6)
is designed so that the driver and the dead human body are in the same cab.
A
vehicle that is a dignified conveyance and was specified for use by the
deceased or by the family of the deceased may be used to transport the body to
the place of final disposition."
Amend
the title as follows:
Page
1, line 3, after the first semicolon, insert "changing provisions for
advance directive and will of decedent regarding transport of body to place of
final disposition;"
Correct
the title numbers accordingly
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. 3721, A bill for an act relating to insurance; regulating small employer
insurance; requiring notice of certain plan availability; amending Minnesota
Statutes 2006, section 62L.05, by adding a subdivision.
Reported
the same back with the following amendments:
Page
1, line 10, before the period, insert ", and in section 62L.056"
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. 3767, A bill for an act relating to public safety; permitting written
verification of predatory offender residence in another state; amending
Minnesota Statutes 2006, section 243.166, subdivision 3.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3786, A bill for an act relating to natural resources; reinstating an
exemption from the Wetland Conservation Act for approved development; amending
Minnesota Statutes 2006, section 103G.2241, by adding a subdivision.
Reported
the same back with the following amendments:
Page
1, line 16, after the period, insert "This exemption applies only in a
greater than 80 percent area or an adjacent county bordering Canada and expires
on January 1, 2013."
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. 3790, A bill for an act relating to real property; providing for electronic
recording; amending Minnesota Statutes 2006, sections 14.03, subdivision 3;
287.08; 287.241; 287.25; 386.03; 386.19; 386.26, subdivision 1; 386.31;
386.409; 507.093; 507.40; 507.46, subdivision 1; Minnesota Statutes 2007
Supplement, section 507.24, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 272; 507.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3822, A bill for an act relating to insurance; regulating motor vehicle
insurance adjustments; amending Minnesota Statutes 2007 Supplement, section
72B.092, subdivision 1.
Reported
the same back with the following amendments:
Page
2, line 2, after "any" insert "other industry
recognized"
Page
2, line 3, after "repair" insert "unless agreed upon
by the insurer and the collision repair facility"
Page
2, line 4, after "vehicle" insert "unless agreed upon
by the insurer and the collision repair facility"
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. 3829, A bill for an act relating to alcohol; making technical changes to
State Fair provisions; amending Minnesota Statutes 2007 Supplement, section
340A.412, subdivision 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
169A.35, subdivision 6, is amended to read:
Subd.
6. Exceptions. (a) This section does not prohibit the possession
or consumption of alcoholic beverages by passengers in:
(1) a
bus that is operated by a motor carrier of passengers, as defined in section
221.011, subdivision 48; or
(2)
a vehicle that is operated for commercial purposes in a manner similar to a bicycle
as defined in section 169.01, subdivision 51, with three or more passengers who
provide pedal power to the drive train of the vehicle; or
(2) (3) a vehicle providing
limousine service as defined in section 221.84, subdivision 1.
(b)
Subdivisions 3 and 4 do not apply to a bottle or receptacle that is in the
trunk of the vehicle if it is equipped with a trunk, or that is in another area
of the vehicle not normally occupied by the driver and passengers if the
vehicle is not equipped with a trunk.
However, a utility compartment or glove compartment is deemed to be
within the area occupied by the driver and passengers.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
340A.315, subdivision 2, is amended to read:
Subd.
2. Sales. A license authorizes the sale, on the farm
winery premises, of table, sparkling, or fortified wines, or cognacs and
brandies, produced by that farm winery at on-sale or off-sale, in retail,
or wholesale lots in total quantities not in excess of 50,000 gallons in a
calendar year, glassware, wine literature and accessories, cheese and cheese
spreads, other wine-related food items, and the dispensing of free samples of
the wines offered for sale. Sales at
on-sale and off-sale may be made on Sundays between 12:00 noon and 12:00
midnight. Labels for each type or brand
produced must be registered with the commissioner, without fee prior to sale.
Sec.
3. Minnesota Statutes 2006, section
340A.315, is amended by adding a subdivision to read:
Subd.
7. Cognac
and brandy permitted. Farm
wineries licensed under this section are permitted to manufacture distilled
spirits as defined under section 340A.101, subdivision 9, including brandies
and cognacs which may exceed 25 percent alcohol by volume, made from Minnesota
produced or grown grapes, grape juice, other fruit bases, or honey. The following conditions pertain:
(1)
no farm winery or firm owning multiple farm wineries may manufacture more than
5,000 gallons of distilled spirits in a given year, and this 5,000 gallon limit
is part of the 50,000 gallon limit found in subdivision 2;
(2)
farm wineries must pay an additional annual fee of $500 to the commissioner
before beginning production of distilled spirits; and
(3)
farm wineries may not sell or produce distilled spirits for direct sale to
manufacturers licensed under section 340A.301, subdivision 6, paragraph (a).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 340A.412, subdivision 4, is amended to read:
Subd.
4. Licenses
prohibited in certain areas. (a) No
license to sell intoxicating liquor may be issued within the following areas:
(1)
where restricted against commercial use through zoning ordinances and other
proceedings or legal processes regularly had for that purpose, except licenses
may be issued to restaurants in areas which were restricted against commercial
uses after the establishment of the restaurant;
(2)
within the Capitol or on the Capitol grounds, except as provided under Laws
1983, chapter 259, section 9, or Laws 1999, chapter 202, section 13;
(3) on
the State Fairgrounds, except as provided under section 37.21, subdivision 2;
(4) on
the campus of the College of Agriculture of the University of Minnesota;
(5)
within 1,000 feet of a state hospital, training school, reformatory, prison, or
other institution under the supervision or control, in whole or in part, of the
commissioner of human services or the commissioner of corrections;
(6) in
a town or municipality in which a majority of votes at the last election at
which the question of license was voted upon were not in favor of license under
section 340A.416, or within one-half mile of any such town or municipality,
except that intoxicating liquor manufactured within this radius may be sold to
be consumed outside it;
(7)
within 1,500 feet of a state university, except that:
(i)
the minimum distance in the case of Winona and Southwest State University is 1,200
feet, measured by a direct line from the nearest corner of the administration
building to the main entrance of the licensed establishment;
(ii)
within 1,500 feet of St. Cloud State University one on-sale wine and two
off-sale intoxicating liquor licenses may be issued, measured by a direct line
from the nearest corner of the administration building to the main entrance of
the licensed establishment;
(iii)
at Mankato State University the distance is measured from the front door of the
student union of the Highland campus;
(iv) a
temporary license under section 340A.404, subdivision 10, may be issued to a
location on the grounds of a state university for an event sponsored or
approved by the state university; and
(v)
this restriction does not apply to the area surrounding the premises of
Metropolitan State University in Minneapolis; and
(8)
within 1,500 feet of any public school that is not within a city.
(b)
The restrictions of this subdivision do not apply to a manufacturer or
wholesaler of intoxicating liquor or to a drugstore or to a person who had a
license originally issued lawfully prior to July 1, 1967.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. SPECIAL
LICENSE; MINNEAPOLIS.
Notwithstanding
any law, local ordinance, or charter provision, the city of Minneapolis may
issue an on-sale intoxicating liquor license to a restaurant located at 1367
Willow Street South. The provisions of
Minnesota Statutes, chapter 340A, apply to licenses issued under this
section. The license authorizes sales
on all days of the week.
EFFECTIVE DATE. This section is effective upon approval by the Minneapolis
City Council in the manner provided by Minnesota Statutes, section 645.021,
notwithstanding Minnesota Statutes, section 645.023, subdivision 1, paragraph
(a)."
Delete
the title and insert:
"A
bill for an act relating to liquor; regulating consumption of alcohol under
certain conditions; authorizing farm wineries to produce distilled spirits;
authorizing a liquor license; amending Minnesota Statutes 2006, sections
169A.35, subdivision 6; 340A.315, subdivision 2, by adding a subdivision;
Minnesota Statutes 2007 Supplement, section 340A.412, subdivision 4."
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. 3838, A bill for an act relating to natural resources; modifying invasive
species provisions; providing civil penalties; amending Minnesota Statutes
2006, sections 84D.10, subdivisions 1, 2; 84D.13, subdivisions 4, 5.
Reported
the same back with the following amendments:
Page
1, delete section 1
Page
1, line 13, reinstate the stricken language
Page
1, line 15, after "blinds" insert "attached in or on
watercraft"
Page
2, line 6, after "has" insert "aquatic" and delete
", zebra mussels,"
Page
2, delete section 4
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, delete "providing"
Page
1, line 3, delete "civil penalties;"
Correct
the title numbers accordingly
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. 3873, A bill for an act relating to human services; prohibiting the release
of the names of certain potential enrollees to health plans for marketing
purposes; amending Minnesota Statutes 2006, section 256B.69, subdivision 28.
Reported
the same back with the following amendments:
Page
2, line 33, delete everything after the period
Page
2, delete lines 34 and 35 and insert "The commissioner may mail
marketing materials to potential enrollees on behalf of health plans, in which
case the health plans shall cover any costs incurred by the commissioner for
mailing marketing materials."
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. 3888, A bill for an act relating to commerce; regulating real estate
transactions; defining terms; regulating closing agents; amending Minnesota
Statutes 2006, sections 68A.04; 82.17, subdivision 3; 82.49.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
60A.06, subdivision 1, is amended to read:
Subdivision
1. Statutory
lines. Insurance corporations may
be authorized to transact in any state or territory in the United States, in
the Dominion of Canada, and in foreign countries, when specified in their
charters or certificates of incorporation, either as originally granted or as
thereafter amended, any of the following kinds of business, upon the stock
plan, or upon the mutual plan when the formation of such mutual companies is
otherwise authorized by law; and business trusts as authorized by law of this
state shall only be authorized to transact in this state the following kind of
business hereinafter specified in clause (7) hereof when specified in their
"declaration of trust":
(1) To
insure against loss or damage to property on land and against loss of rents and
rental values, leaseholds of buildings, use and occupancy and direct or
consequential loss or damage caused by fire, smoke or smudge, water or other
fluid or substance, lightning, windstorm, tornado, cyclone, earthquake,
collapse and slippage, rain, hail, frost, snow, freeze, change of temperature,
weather or climatic conditions, excess or deficiency of moisture, floods, the
rising of waters, oceans, lakes, rivers or their tributaries, bombardment,
invasion, insurrection, riot, civil war or commotion, military or usurped
power, electrical power interruption or electrical breakdown from any cause,
railroad equipment, motor vehicles or aircraft, accidental injury to
sprinklers, pumps, conduits or containers or other apparatus erected for
extinguishing fires, explosion, whether fire ensues or not, except explosions
on risks specified in clause (3); provided, however, that there may be insured
hereunder the following: (a) explosion
of any kind originating outside the insured building or outside of the building
containing the property insured, (b) explosion of pressure vessels which do not
contain steam or which are not operated with steam coils or steam jackets; and
(c) risks under home owners multiple peril policies;
(2)(a)
To insure vessels, freight, goods, wares, merchandise, specie, bullion, jewels,
profits, commissions, bank notes, bills of exchange, and other evidences of
debt, bottomry and respondentia interest, and every insurance appertaining to
or connected with risks of transportation and navigation on and under water, on
land or in the air;
(b) To
insure all personal property floater risks;
(3) To
insure against any loss from either direct or indirect damage to any property
or interest of the assured or of another, resulting from the explosion of or
injury to (a) any boiler, heater or other fired pressure vessel; (b) any
unfired pressure vessel; (c) pipes or containers connected with any of said
boilers or vessels; (d) any engine, turbine, compressor, pump or wheel; (e) any
apparatus generating, transmitting or using electricity; (f) any other
machinery or apparatus connected with or operated by any of the previously
named boilers, vessels or machines; and including the incidental power to make
inspections of and to issue certificates of inspection upon, any such boilers,
apparatus, and machinery, whether insured or otherwise;
(4) To
make contracts of life and endowment insurance, to grant, purchase, or dispose
of annuities or endowments of any kind; and, in such contracts, or in contracts
supplemental thereto to provide for additional benefits in event of death of
the insured by accidental means, total permanent disability of the insured, or
specific dismemberment or disablement suffered by the insured, or acceleration
of life or endowment or annuity benefits in advance of the time they would
otherwise be payable;
(5)(a)
To insure against loss or damage by the sickness, bodily injury or death by
accident of the assured or dependents, or those for whom the assured has
assumed a portion of the liability for the loss or damage, including liability
for payment of medical care costs or for provision of medical care;
(b) To
insure against the legal liability, whether imposed by common law or by statute
or assumed by contract, of employers for the death or disablement of, or injury
to, employees;
(6) To
guarantee the fidelity of persons in fiduciary positions, public or private, or
to act as surety on official and other bonds, and for the performance of
official or other obligations;
(7) To
insure owners and others interested in real estate against loss or damage,
by reason of defective titles, encumbrances, or otherwise or personal
property as described in section 68A.04;
(8) To
insure against loss or damage by breakage of glass, located or in transit;
(9)(a)
To insure against loss by burglary, theft, or forgery;
(b) To
insure against loss of or damage to moneys, coins, bullion, securities, notes,
drafts, acceptance or any other valuable paper or document, resulting from any
cause, except while in the custody or possession of and being transported by
any carrier for hire or in the mail;
(c) To
insure individuals by means of an all risk type of policy commonly known as the
"personal property floater" against any kind and all kinds of loss of
or damage to, or loss of use of, any personal property other than merchandise;
(d) To
insure against loss or damage by water or other fluid or substance;
(10)
To insure against loss from death of domestic animals and to furnish veterinary
service;
(11)
To guarantee merchants and those engaged in business, and giving credit, from loss
by reason of giving credit to those dealing with them; this shall be known as
credit insurance;
(12)
To insure against loss or damage to automobiles or other vehicles or aircraft
and their contents, by collision, fire, burglary, or theft, and other perils of
operation, and against liability for damage to persons, or property of others,
by collision with such vehicles or aircraft, and to insure against any loss or
hazard incident to the ownership, operation, or use of motor or other vehicles
or aircraft;
(13)
To insure against liability for loss or damage to the property or person of
another caused by the insured or by those for whom the insured is responsible,
including insurance of medical, hospital, surgical, funeral or other related
expense of the insured or other person injured, irrespective of legal liability
of the insured, when issued with or supplemental to policies of liability
insurance;
(14)
To insure against loss of or damage to any property of the insured, resulting
from the ownership, maintenance or use of elevators, except loss or damage by
fire;
(15)
To insure against attorneys fees, court costs, witness fees and incidental
expenses incurred in connection with the use of the professional services of
attorneys at law.
Sec.
2. Minnesota Statutes 2006, section
68A.04, is amended to read:
68A.04 DEFINITION OF DIRECT RISK PREMIUMS
DEFINITIONS.
Subdivision
1. Direct
risk premiums. For purposes of
this chapter, "direct risk premiums" means the charge for title
insurance made by a title insurance company or its agents according to the
company's rate filing approved by the commissioner of commerce without a
deduction for commissions paid to or retained by the agent and is that portion
of the fee charged by a title insurance company to an insured or an applicant
for insurance for the assumption by the title insurance company of the risk
created by the issuance of the title insurance policy. Direct risk premiums of a title insurance
company do not include any other charge or fee for abstracting, searching, or
examining the title, or for escrow, closing, or other related services.
Subd.
2. Title
insurance. For purposes of
this chapter, "title insurance" means insuring owners of real or
personal property, the holders of liens, interests or encumbrances thereon, or
others interested therein, against loss or damage suffered by reason of liens,
encumbrances upon, defects in, or the unmarketability of the title to the
property; the invalidity, impairment, lack of priority, or unenforceability of
any liens or encumbrances on the property; or the doing, or proposing to do,
any business in substance equivalent to any of the foregoing whether or not
designed to evade the provisions of this chapter.
Sec.
3. Minnesota Statutes 2006, section
82.17, subdivision 3, is amended to read:
Subd.
3. Closing
agent; real estate closing agent.
"Closing agent" or "real estate closing agent" means
any person whether or not acting as an agent for a title company, a licensed
attorney, real estate broker, or real estate salesperson, who for another and
with or without a commission, fee, or other valuable consideration or with or
without the intention or expectation of receiving a commission, fee, or other
valuable consideration, directly or indirectly provides closing services
incident to the sale, trade, lease, or loan of residential real estate,
including drawing or assisting in drawing papers incident to the sale, trade,
lease, or loan of residential real estate, or advertises or claims to be
engaged in these activities. A
notary public who acknowledges a signature on a deed, mortgage, or other
residential closing document is a closing agent if the notary public performs
any other service or assistance in connection with the residential closing.
Sec.
4. Minnesota Statutes 2006, section
82.49, is amended to read:
82.49 TABLE FUNDING.
Subdivision
1. Definitions. (a) For purposes of this section, the terms
in this subdivision have the meanings given them.
(b)
"Closing agent" has the meaning given in section 82.17, subdivision
3.
(c)
"Collected funds" means funds deposited, finally settled, and
credited to the closing agent's escrow account.
(d)
"Established business relationship" means that the closing agent has
performed at least 25 residential closings on behalf of the lender.
(e) (d) "Federally insured
financial institution" means an institution in which monetary deposits are
insured by the Federal Deposit Insurance Corporation or National Credit Union
Administration.
(f) (e) "Lender" means a
person who makes residential mortgage loans including a person who engages in
table funding. "Lender" does not include any organization described
in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as
amended, if the organization is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986, as amended. "Lender" does not include
a state or any political subdivision of a state.
(g) (f) "Qualified loan
funds" means funds in one of the following forms:
(1)
lawful money of the United States;
(2)
wired funds when unconditionally held by the closing agent;
(3)
cashier's checks, certified checks, bank money orders, or teller's checks
issued by a federally insured financial institution and unconditionally held by
the closing agent; and
(4)
United States treasury checks, Federal Reserve Bank checks, federal home loan
bank checks, and state of Minnesota warrants.
(h) (g) "Table funding"
means a closing or settlement at which a mortgage loan is funded by a lender by
a contemporaneous advance of mortgage loan funds and an assignment of the
mortgage loan to the lender advancing the funds.
Subd.
2. Requirements. (a) A closing agent shall not make
disbursements out of an escrow, security deposit, settlement, or closing
account unless the funds received from the lender are collected funds or
qualified loan funds. This
subdivision does not prohibit a closing agent from electing to disburse out of
an escrow, security deposit, settlement, or closing account, other than with
collected funds or qualified loan funds, if the closing agent has an
established business relationship with the lender on whose behalf the closing
is being conducted.
(b) A
lender, using the closing services of a closing agent, shall at or before the
time of the closing deliver loan funds to the closing agent either in the form
of collected funds or qualified loan funds."
Delete
the title and insert:
"A
bill for an act relating to commerce; regulating real estate transactions;
defining terms; regulating closing agents; amending Minnesota Statutes 2006,
sections 60A.06, subdivision 1; 68A.04; 82.17, subdivision 3; 82.49."
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. 3890, A bill for an act relating to natural resources; providing procedures
for filling the Watonwan County Soil and Water Conservation District Board
supervisor vacant positions.
Reported
the same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3898, A bill for an act relating to natural resources; modifying timber
sales provisions; providing for refunds; amending Minnesota Statutes 2006,
section 90.14.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. TIMBER
SALE REFUND.
This
section applies in the case of a public auction timber sale conducted in June
2007 by an open bid process where a bidder was later found to be
ineligible. The commissioner of natural
resources shall refund to the qualified purchaser the difference between the
purchase price paid and the price the purchaser would have paid at the
qualified purchaser's lowest bid.
Sec.
2. APPROPRIATION.
$50,000
is appropriated in fiscal year 2009 from the forest management investment
account to the Forest Resources Council to conduct a study of options and make
recommendations to the legislature for addressing the fragmentation and
parcelization of large blocks of private forest land in the state. This is a onetime appropriation.
Sec.
3. EFFECTIVE
DATE.
Sections
1 and 2 are effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to natural resources; requiring refunds on certain
timber sales; appropriating money for a forest fragmentation study."
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. 3900, A bill for an act relating to public safety; providing for increased
penalties for certain misdemeanors; amending Minnesota Statutes 2006, section
609.153, subdivisions 1, 3.
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. 3917, A bill for an act relating to natural resources; modifying campfire
provisions; amending Minnesota Statutes 2006, section 88.15, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3924, A bill for an act relating to occupations and professions; allowing
optometrists to dispense a legend drug at retail under certain conditions;
amending Minnesota Statutes 2006, sections 145.711, by adding a subdivision;
148.574.
Reported
the same back with the following amendments:
Page
1, after line 9, insert:
"Sec.
2. Minnesota Statutes 2006, section
148.56, is amended to read:
148.56 OPTOMETRISTS.
Subdivision
1. Optometry
defined. (a) Any person
shall be deemed to be practicing optometry within the meaning of sections
148.52 to 148.62 who shall display a sign, such as an eye, a pair of eyes, a
pair of glasses or spectacles, or who shall in any way:
(1) advertise as an optometrist,;
or who shall
(2)
employ any
means for the measurement of the powers of vision or the adaptation of lenses
or prisms for the aid thereof,; or
(3) possess testing appliances
for the purpose of the measurement of the powers of vision,; or
(4) diagnose any disease, optical
deficiency or deformity, or visual or muscular anomaly of the human eye,;
or
(5) prescribe lenses, prisms,
or ocular exercises for the correction or the relief of same,; or
(6)
prescribe or administer legend drugs to aid in the diagnosis, cure, mitigation,
prevention, treatment, or management of disease, deficiency, deformity, or
abnormality of the human eye and adnexa included in the curricula of accredited
schools or colleges of optometry, and as limited by Minnesota statute and rules
adopted by the Board of Optometry, or who holds oneself out as being able to do so.
(b)
In the course of treatment, nothing in this section shall allow:
(1)
legend drugs to be administered intravenously, intramuscularly, or by
injection, except for treatment of anaphylaxis;
(2)
invasive surgery including, but not limited to, surgery using lasers;
(3)
schedule II and III oral legend drugs and oral steroids to be administered or
prescribed;
(4)
oral antivirals to be prescribed or administered for more than ten days; or
(5)
oral carbonic anhydrase inhibitors to be prescribed or administered for more
than seven days.
Subd.
2. Unlawful
practices. It shall be unlawful for
any person who is not licensed as an optometrist in this state to:
(1)
perform any of the actions contained in subdivision 1;
(2)
fit, sell,
or dispose of, or to take, receive, or solicit any order for the fitting, sale,
or disposition of, any spectacles, eye glasses, or lenses for the correction of
vision in any place within the state other than an established place of
business wherein such where spectacles, eye glasses, or lenses
are commonly sold and dealt in; and it shall be unlawful for any person, not
licensed as an optometrist thereunder, to; or
(3) sell or dispose of, at
retail, any spectacles, eye glasses, or lenses for the correction of vision in
any established place of business or elsewhere in this state except under the
supervision, direction, and authority of a duly licensed optometrist holding
who holds a certificate under sections 148.52 to 148.62, who shall be
and is in charge of and in personal attendance at the booth, counter, or
place where such articles are sold or disposed of.
Subd.
3. Unregulated
sales. Nothing in sections 148.52
to 148.62 shall be construed to apply to the sale of toy glasses, goggles
consisting of plano-white or plano-colored lenses or ordinary colored glasses
or to the replacement of duplications of broken lenses, nor to sales upon
prescription from persons legally authorized by the laws of this state to
examine eyes and prescribe glasses therefor, nor shall it apply to regularly
licensed physicians and surgeons. Sections
148.52 to 148.62 also do not apply to the sale of spectacles, used for reading
and containing only simple lenses having a plus power of up to and including
3.25, if no attempt is made to test the eyes.
The term "simple lenses" does not include bifocals. The seller shall prominently display a sign
on the counter or rack or other display device where the spectacles are offered
for sale that reads as follows:
"If you have experienced a vision loss, the selection of these
glasses should not take the place of an eye exam."
Subd.
4. License
required. It shall be unlawful for
any person to engage in the practice of optometry without first procuring and
filing for record a certificate of registration as a licensed optometrist
pursuant to this section a license from the state Board of Optometry.
Sec.
3. Minnesota Statutes 2006, section
148.57, is amended to read:
148.57 LICENSE.
Subdivision
1. Examination. (a) A person not authorized to practice
optometry in the state and desiring to do so shall apply to the director of
the state Board of Optometry and pay to the board by filling out
and swearing to an application for a license granted by the board and
accompanied by a fee in an amount set by the board of $87. The candidate desiring to apply to the
board shall complete a form furnished by the board. With the submission of the application form, the candidate
shall prove that the candidate:
(1) is
of good moral character;
(2)
has obtained a clinical doctorate degree from an optometry a
board-approved school requiring at least two academic years of
preprofessional training for admittance to the school and which has been
approved by the board or college of optometry, or is currently
enrolled in the final year of study at such a school an institution;
and
(3) has
passed all parts of an examination.
(b)
The examination shall include both a written portion and a clinical practical
portion and shall thoroughly test the fitness of the candidate to practice in
this state. In regard to the written
and clinical practical examinations, the board may:
(1)
prepare, administer, and grade the examination itself;
(2)
recognize and approve in whole or in part an examination prepared, administered
and graded by a national board of examiners in optometry; or
(3) administer
a recognized and approved examination prepared and graded by or under the
direction of a national board of examiners in optometry.
(c)
The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this section and
section 148.575 for board certification for the use of legend drugs. Applicants for initial licensure do not need
to apply for or possess a certificate as referred to in sections 148.571 to
148.574. The applicant shall pay
to the board a fee as set by the board upon issuance of the license. In the event the candidate fails to pass a
part of the examination, upon the payment of an additional fee as set by the
board, the candidate may reapply to the Board of Optometry. The fees mentioned in this section are
for the use of the board and in no case shall be refunded.
Subd.
2. Reciprocity
Endorsement. A person
An optometrist who holds a certificate of registration, or current
license, from another state, and who has practiced in that state not
less than three years in that state immediately preceding application,
may apply for licensure in Minnesota by filling out and swearing to an
application for license by reciprocity form endorsement furnished
by the board and by filing that form with the board secretary along with a
fee as set by the board at least two weeks prior to the regular meeting at
which the board is considering such applications. The completed application with all required documentation
shall be filed at the board office along with a fee of $87. The application fee as set by the
board shall be for the use of the board and in no case shall be
refunded. To verify that the applicant
possesses the knowledge and ability essential to the practice of optometry in
this state, the board may for good cause request the applicant to perform a
practical demonstration to its satisfaction. applicant must provide
evidence of:
(1)
having obtained a clinical doctorate degree from a board-approved school or
college of optometry;
(2)
successful completion of both written and practical examinations for licensure
in the applicant's original state of licensure that thoroughly tested the
fitness of the applicant to practice;
(3)
successful completion of an examination of Minnesota state optometry laws;
(4)
compliance with the requirements for board certification in section 148.575;
(5)
compliance with all continuing education required for license renewal in every
state in which the applicant currently holds an active license to practice; and
(6)
being in good standing with every state board from which a license has been
issued.
Documentation
from a national certification system or program, approved by the board, which
supports any of the listed requirements, may be used as evidence. The applicant may then be issued a license if the
requirements for registration or licensure in the other state are deemed
by the board to be equivalent to those of sections 148.52 to 148.62;
provided, that the other state accords like privileges to holders of
certificates from the Minnesota board.
Subd.
3. Revocation,
suspension. The board may revoke
the license or suspend or restrict the right to practice of any person who has
been convicted of any violation of sections 148.52 to 148.62 or of any other
criminal offense, or who violates any provision of sections 148.571 to 148.576
or who is found by the board to be incompetent or guilty of unprofessional
conduct. "Unprofessional conduct" means any conduct of a character likely
to deceive or defraud the public, including, among other things, free
examination advertising, the loaning of a license by any licensed optometrist
to any person; the employment of "cappers" or "steerers" to
obtain business; splitting or dividing a fee with any person; the obtaining of
any fee or compensation by fraud or misrepresentation; employing directly or
indirectly any suspended or unlicensed optometrist to perform any work covered
by sections 148.52 to 148.62; the advertising by any means of optometric practice
or treatment or advice in which untruthful, improbable, misleading, or
impossible statements are made. After
one year, upon application and proof that the disqualification has ceased, the
board may reinstate such person.
Subd.
4. Peddling
or canvassing forbidden. Every
licensed optometrist who shall temporarily practice optometry outside or away
from the regular registered place of business shall display the license and
deliver to each customer or person there fitted or supplied with glasses a receipt
or record which shall contain the signature, permanent registered place of
business or post office address, and number of license of the optometrist,
together with the amount charged therefor, but nothing contained in this
section shall be construed as to permit peddling or canvassing by licensed
optometrists.
Sec.
4. Minnesota Statutes 2006, section
148.571, is amended to read:
148.571 USE OF TOPICAL OCULAR DRUGS.
Subdivision
1. Authority. Subject to the provisions of sections 148.57,
subdivision 3, and 148.571 to 148.574, licensed optometrists who
are currently licensed on August 1, 2007, and are not board certified under
section 148.575 may possess a valid topical ocular drug certificate,
referred to in sections 148.571 to 148.574, allowing them to administer
topical ocular drugs to the anterior segment of the human eye during an eye
examination in the course of practice in their normal practice setting, solely
for the purposes of determining the refractive, muscular, or functional origin
of sources of visual discomfort or difficulty, and detecting abnormalities
which may be evidence of disease. Authority
granted under sections 148.571 to 148.574 is granted to optometrists who are
board certified under section 148.575.
Subd.
2. Drugs
specified. For purposes of sections
148.57, subdivision 3, and 148.571 to 148.574, "topical ocular
drugs" means:
(1)
commercially prepared topical anesthetics as follows: proparacaine HC1 0.5 percent, tetracaine HC1 0.5 percent, and
benoxinate HC1 0.4 percent;
(2)
commercially prepared mydriatics as follows:
phenylephrine HC1 in strength not greater than 2.5 percent and
hydroxyamphetamine HBr in strength not greater than 1 percent; and
(3)
commercially prepared cycloplegics/mydriatics as follows: tropicamide in strength not greater than 1
percent and cyclopentolate in strength not greater than 1 percent.
Sec.
5. Minnesota Statutes 2006, section
148.573, subdivision 1, is amended to read:
Subdivision
1. Certificate
required. A licensed optometrist
shall not purchase, possess, or administer any topical ocular drugs
unless, after August 1, 1982, the optometrist has obtained a topical
ocular drug certificate from the Board of Optometry certifying that the
optometrist has complied with the following requirements: in paragraphs (a) and (b).
(a)
Successful completion of 60 classroom hours of study in general and clinical
pharmacology as it relates to the practice of optometry, with particular
emphasis on the use of topical ocular drugs for examination purposes. At least 30 of the 60 classroom hours shall
be in ocular pharmacology and shall emphasize the systemic effects of and
reactions to topical ocular drugs, including the emergency management and
referral of any adverse reactions that may occur. The course of study shall be approved by the Board of Optometry,
and shall be offered by an institution which is accredited by a regional or
professional accreditation organization recognized or approved by the Council
on Postsecondary Education or the United States Department of Education or
their successors. The course shall be
completed prior to entering the examination required by this section;.
(b)
Successful completion of an examination approved by the Board of Optometry on
the subject of general and ocular pharmacology as it relates to optometry with
particular emphasis on the use of topical ocular drugs, including emergency
management and referral of any adverse reactions that may occur;.
(c)
Successful completion, after August 1, 1982, of a course in cardiopulmonary
resuscitation offered or approved by the Red Cross, American Heart Association,
an accredited hospital, or a comparable organization or institution; and
(d)
Establishment, after August 1, 1982, of an emergency plan for the management
and referral to appropriate medical services of patients who may experience
adverse drug reactions resulting from the application of topical ocular
drugs. The plan must be approved by the
Board of Optometry and shall, at least, require the optometrist to:
(1)
Refer patients who notify the optometrist of an adverse drug reaction to
appropriate medical specialists or facilities;
(2)
Routinely advise the patient to immediately contact the optometrist if the
patient experiences an adverse reaction;
(3)
Place in the patient's permanent record information describing any adverse drug
reaction experienced by the patient, and the date and time that any referral
was made; and
(4)
Include in the plan the names of at least three physicians, physician clinics,
or hospitals to whom the optometrist will refer patients who experience an
adverse drug reaction. At least one of
these physicians shall be skilled in the diagnosis and treatment of diseases of
the eye."
Page
1, line 10, delete "2" and insert "6"
Page
1, after line 20, insert:
"Sec.
7. Minnesota Statutes 2006, section
148.575, is amended to read:
148.575 CERTIFICATE REQUIRED FOR USE OF
TOPICAL LEGEND DRUGS.
Subdivision
1. Certificate
required for use of legend drugs. A
licensed optometrist must be board certified to use legend drugs for therapy
under section 148.576.
Subd.
2. Board
certified defined. "Board
certified" means that a licensed optometrist has been issued a certificate
by the Board of Optometry certifying that the optometrist has complied with the
following requirements for the use of legend drugs described in section
148.576:
(1)
successful completion of at least 60 hours of study in general and ocular
pharmacology emphasizing drugs used for examination or treatment purposes,
their systemic effects and management or referral of adverse reactions;
(2)
successful completion of at least 100 hours of study in the examination,
diagnosis, and treatment of conditions of the human eye with legend drugs;
(3)
successful completion of two years of supervised clinical experience in
differential diagnosis of eye disease or disorders as part of optometric
training or one year of that experience and ten years of actual clinical
experience as a licensed optometrist; and
(4)
successful completion of a nationally standardized examination approved or
administered by the board on the subject of treatment and management of
ocular disease prepared, administered, and graded by the International
Association of Boards of Examiners in Optometry or an equivalent national board
examination.
Subd.
3. Display
of certificate required. A
certificate issued under this section to a licensed optometrist by the
Board of Optometry supersedes any previously issued certificate limited to
topical ocular drugs described in sections 148.571 to 148.574 and must be
displayed in a prominent place in the licensed optometrist's office.
Subd.
4. Accreditation
of courses. The Board of Optometry
may approve courses of study in general or ocular pharmacology and examination,
diagnosis, and treatment of conditions of the human eye only if they are taught
by an institution that meets the following criteria:
(1)
the institution has facilities for both didactic and clinical instruction in
pharmacology and ocular disease treatment;
(2)
the institution certifies to the Board of Optometry that the course of
instruction is comparable in content to courses of instruction required by
other health-related licensing boards whose license holders or registrants are
permitted to administer pharmaceutical agents in their professional practice
for either diagnostic or therapeutic purposes or both; and
(3)
the institution is accredited by a regional or professional accrediting
organization recognized by the Council on Postsecondary Accreditation or the
United States Department of Education, Council for Higher Education
Accreditation or their successors its successor agency.
Subd.
5. Notice
to Board of Pharmacy. The Board of
Optometry shall notify the Board of Pharmacy of each licensed optometrist who
meets the certification requirements in this section.
Subd.
6. Board
certification required. Optometrists
who were licensed in this state prior to August 1, 2007, must have met the
board certification requirements under this section by August 1, 2012, in order
to renew their license.
Sec.
8. REPEALER.
(a)
Minnesota Rules, part 6500.2100, is repealed.
(b)
Minnesota Statutes 2006, section 148.573, subdivisions 2 and 3, are repealed."
Amend
the title as follows:
Page
1, line 2, after the semicolon, insert "changing provisions related to the
practice of optometry;"
Correct
the title numbers accordingly
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. 3928, A bill for an act relating to legislation; correcting erroneous,
ambiguous, and omitted text and obsolete references; eliminating certain
redundant, conflicting, and superseded provisions; making miscellaneous
technical corrections to statutes and other laws; amending Minnesota Statutes
2006, sections 13.202, subdivision 3; 13.322, subdivision 1; 13.3806,
subdivision 1; 13.635, subdivision 1; 13.681, subdivision 1; 13.712,
subdivision 1; 13.83, subdivision 10; 13.871, subdivisions 1, 6; 17.117,
subdivision 3; 46.044, subdivision 1; 72A.20, subdivision 11; 103F.725,
subdivision 1a; 103I.005, subdivision 22; 103I.311, subdivision 3; 115A.554;
123B.88, subdivision 19; 124D.59, subdivision 3; 126C.17, subdivision 9;
144.396, subdivision 9; 144.581, subdivision 1; 144A.461; 145B.02, subdivision
5; 148.736, subdivisions 2, 3; 169.01, subdivision 4b; 169.421, subdivision 5;
169.448, subdivision 1; 171.12, subdivision 2a; 174.03, subdivision 8; 175.35;
237.411, subdivision 5; 244.08; 256.98, subdivision 7; 256B.04, subdivision 16;
256B.35, subdivision 1; 256J.30, subdivision 9; 256J.32, subdivision 4;
256J.42, subdivisions 5, 6; 256J.425, subdivisions 5, 6; 256J.46, subdivision
1; 256J.50, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivision 5;
260B.235, subdivision 5; 260C.007, subdivision 6; 270.81, subdivision 1;
270.82, subdivision 1; 270.83, subdivision 3; 273.1398, subdivision 6; 275.065,
subdivision 5a; 282.01, subdivision 1b; 289A.08, subdivision 7; 289A.63,
subdivision 6; 290.0921, subdivision 3; 297A.70, subdivision 13; 298.282,
subdivision 2; 300.15; 300.64, subdivision 4; 321.0108; 332.30; 352.03,
subdivision 11; 352.119, subdivision 3; 354.07, subdivision 3; 354A.12,
subdivisions 1, 2a; 356.30, subdivision 1; 356.65, subdivision 2; 386.015,
subdivision 5; 422A.101, subdivision 2; 424A.02, subdivision 8a; 458D.18,
subdivision 9; 469.153, subdivision 2; 480.182; 484.012; 501B.86, subdivision
2; 508A.22, subdivision 3; 518C.310; 550.04; 609.101, subdivision 3; 609.75,
subdivision 1; 609B.121; 609B.164; 609B.265, subdivision 3; 609B.515; 611.272;
Minnesota Statutes 2007 Supplement, sections 16C.03, subdivision 10; 103I.235,
subdivision 1; 136A.127, subdivision 8; 144.121,
subdivision
5b; 148.67, subdivision 1; 183.57, subdivision 2; 183.59; 216B.1637; 256.01,
subdivision 23; 256.476, subdivision 4; 256B.0915, subdivisions 3a, 3e;
256B.49, subdivision 16a; 256J.49, subdivision 13; 256J.55, subdivision 1;
268.101, subdivision 2; 325E.386, subdivision 1; 326.91, subdivision 1; 352.01,
subdivision 2b; 446A.051, subdivision 1; 446A.072, subdivision 5a; Laws 2007,
chapter 147, article 19, section 3, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2006,
sections 35.701; 35.96, subdivision 5; 62Q.64; 216C.30, subdivision 4; 256E.21,
subdivision 3; 289A.11, subdivision 2; 383D.47; 473.1551, subdivision 1;
473.553, subdivision 14; 473.616; 484.69, subdivision 1a; 525.091, subdivision
2; Laws 2006, chapter 270, article 2, section 13; Laws 2007, chapter 128,
article 6, section 16; Laws 2007, chapter 134, article 1, section 8; Laws 2007,
chapter 147, article 1, section 32.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
Atkins from the Committee on
Commerce and Labor to which was referred:
H. F. No. 3936, A bill for
an act relating to workers' compensation; providing for disability payments to
an employee of a bomb squad.
Reported the same back with
the following amendments:
Page 1, delete lines 7 to 16
and insert:
"Notwithstanding any
law to the contrary, the employer or former employer of a public employee who
was injured in February 2005 while working on a bomb squad must pay the person
permanent total disability benefits under Minnesota Statutes, chapter 176,
equal to the difference between: (1)
the salary the person received from the public employer at the time of the
injury; and (2) the disability benefit the person receives from the Public
Employees Retirement Association. The
salary used as the basis for calculating the payment under this section must be
deemed to increase by the same percentage as the annual increase in Social
Security benefits. The weekly payments
required under this section must continue until the employee who was injured
attains age 67.
EFFECTIVE DATE. This section is effective the day following final
enactment. The obligation to make
payments under this section applies retroactively from February 1, 2007."
With the recommendation that
when so amended the bill be re-referred to the Committee on Rules and
Legislative Administration without further recommendation.
The report was adopted.
Mullery from the Committee
on Public Safety and Civil Justice to which was referred:
H. F. No. 3974, A bill for
an act relating to public safety; authorizing the continuation of the domestic
fatality review team; amending Laws 1999, chapter 216, article 2, section 27,
subdivisions 1, as amended, 4; repealing Laws 2002, chapter 266, section 1, as
amended.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 3977, A bill for an act relating to energy; modifying provisions relating
to power transmission lines, renewable energy obligations, and related
activities and costs; amending Minnesota Statutes 2006, sections 216B.16,
subdivision 7b; 216B.1645, subdivisions 1, 2; 216B.2425, subdivisions 2, 3;
216B.243, subdivision 8; Minnesota Statutes 2007 Supplement, section 216B.1645,
subdivision 2a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
216B.16, subdivision 7b, is amended to read:
Subd.
7b. Transmission cost adjustment.
(a) Notwithstanding any other provision of this chapter, the commission
may approve a tariff mechanism for the automatic annual adjustment of charges
for the Minnesota jurisdictional costs of new transmission facilities that have
been separately filed and reviewed and approved by the commission under section
216B.243 or, are certified as a priority project or deemed to be
a priority transmission project under section 216B.2425, or are charges from
a regional transmission organization that are incurred by the utility for
network integration transmission facilities owned by other transmission owners.
(b)
Upon filing by a public utility or utilities providing transmission service,
the commission may approve, reject, or modify, after notice and comment, a
tariff that:
(1)
allows the utility to recover on a timely basis the costs net of revenues of
facilities approved under section 216B.243 or certified or deemed to be
certified under section 216B.2425 or exempt from the requirements of section
216B.243;
(2) allows
the utility to recover on a timely basis the charges from a regional
transmission organization that are incurred by the utility for network
integration transmission facilities owned by other transmission owners;
(3)
allows a
return on investment at the level approved in the utility's last general rate
case, unless a different return is found to be consistent with the public
interest;
(3) (4) provides a current return
on construction work in progress, provided that recovery from Minnesota retail
customers for the allowance for funds used during construction is not sought
through any other mechanism;
(4) (5) allows for recovery of
other expenses if shown to promote a least-cost project option or is otherwise
in the public interest;
(5) (6) allocates project costs
appropriately between wholesale and retail customers;
(6) (7) provides a mechanism for
recovery above cost, if necessary to improve the overall economics of the
project or projects or is otherwise in the public interest; and
(7) (8) terminates recovery once
costs have been fully recovered or have otherwise been reflected in the
utility's general rates.
(c) A
public utility may file annual rate adjustments to be applied to customer bills
paid under the tariff approved in paragraph (b). In its filing, the public utility shall provide:
(1) a
description of and context for the facilities included for recovery;
(2) a
schedule for implementation of applicable projects;
(3)
the utility's costs for these projects;
(4) a
description of the utility's efforts to ensure the lowest costs to ratepayers
for the project; and
(5)
calculations to establish that the rate adjustment is consistent with the terms
of the tariff established in paragraph (b).
(d)
Upon receiving a filing for a rate adjustment pursuant to the tariff
established in paragraph (b), the commission shall approve the annual rate
adjustments provided that, after notice and comment, the costs included for
recovery through the tariff were or are expected to be prudently incurred and
achieve transmission system improvements at the lowest feasible and prudent
cost to ratepayers.
Sec.
2. Minnesota Statutes 2006, section
216B.1645, subdivision 1, is amended to read:
Subdivision
1. Commission
authority. Upon the petition of a
public utility, the Public Utilities Commission shall approve or disapprove
power purchase contracts, investments, or expenditures entered into or made by
the utility to satisfy the wind and biomass mandates contained in sections
216B.169, 216B.2423, and 216B.2424, and to satisfy the renewable energy objectives
obligations set forth in section 216B.1691, including reasonable
investments and expenditures made to:
(1)
transmit the electricity generated from sources developed under those sections
that is ultimately used to provide service to the utility's retail customers,
including studies necessary to identify new transmission facilities needed to
transmit electricity to Minnesota retail customers from generating facilities constructed
to satisfy the renewable energy objectives obligations, provided
that the costs of the studies have not been recovered previously under existing
tariffs and the utility has filed an application for a certificate of need or
for certification as a priority project under section 216B.2425 for the new
transmission facilities identified in the studies;
(2)
provide ancillary services to generation facilities that satisfy the renewable
energy objectives and standards including, but not limited to, storage
facilities for renewable energy that contribute to the reliability, efficiency,
or economics of the renewable facilities; or
(2) (3) develop renewable energy
sources from the account required in section 116C.779.
Sec.
3. Minnesota Statutes 2006, section
216B.1645, subdivision 2, is amended to read:
Subd.
2. Cost
recovery. The expenses incurred by
the utility over the duration of the approved contract or useful life of the
investment and expenditures made pursuant to section 116C.779 shall be recoverable
from the ratepayers of the utility, to the extent they are not offset by
utility revenues attributable to the contracts, investments, or
expenditures. Upon petition by a public
utility, the commission shall approve or approve as modified a rate schedule
providing for the automatic adjustment of charges to recover the expenses or
costs approved by the commission under subdivision 1, which, in the case
of transmission expenditures, are limited to the portion of actual transmission
costs that are directly allocable to the need to transmit power from the
renewable sources of energy. The
commission may not approve recovery of the costs for that portion of the power
generated from sources governed by this section that the utility sells into the
wholesale market.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 216B.1645, subdivision 2a, is amended to read:
Subd.
2a. Cost recovery for owned renewable facilities. (a) A utility may petition the commission to
approve a rate schedule that provides for the automatic adjustment of charges
to recover prudently incurred investments, expenses, or costs associated with
facilities constructed, owned, or operated by a utility to satisfy the
requirements of section 216B.1691, provided those facilities were previously
approved by the commission under section 216B.2422 or, 216B.243,
or 216B.243, subdivision 9. The
commission may approve, or approve as modified, a rate schedule that:
(1)
allows a utility to recover directly from customers on a timely basis the costs
of qualifying renewable energy projects, including:
(i)
return on investment;
(ii)
depreciation;
(iii)
ongoing operation and maintenance costs;
(iv)
taxes; and
(v)
costs of transmission and other ancillary expenses directly allocable to
transmitting electricity generated from a project meeting the specifications of
this paragraph;
(2)
provides a current return on construction work in progress, provided that
recovery of these costs from Minnesota ratepayers is not sought through any
other mechanism;
(3)
allows recovery of other expenses incurred that are directly related to a
renewable energy project, including but not limited to expenses for energy
storage, provided that the utility demonstrates to the commission's
satisfaction that the expenses improve project economics, ensure project
implementation, or facilitate coordination with the development of transmission
necessary to transport energy produced by the project to market;
(4)
allocates recoverable costs appropriately between wholesale and retail
customers;
(5)
terminates recovery when costs have been fully recovered or have otherwise been
reflected in a utility's rates.
(b) A
petition filed under this subdivision must include:
(1) a
description of the facilities for which costs are to be recovered;
(2) an
implementation schedule for the facilities;
(3)
the utility's costs for the facilities;
(4) a
description of the utility's efforts to ensure that costs of the facilities are
reasonable and were prudently incurred; and
(5) a
description of the benefits of the project in promoting the development of
renewable energy in a manner consistent with this chapter.
Sec.
5. Minnesota Statutes 2006, section
216B.243, subdivision 8, is amended to read:
Subd.
8. Exemptions. This section does not apply to:
(1)
cogeneration or small power production facilities as defined in the Federal
Power Act, United States Code, title 16, section 796, paragraph (17),
subparagraph (A), and paragraph (18), subparagraph (A), and having a combined
capacity at a single site of less than 80,000 kilowatts; plants or facilities
for the production of ethanol or fuel alcohol; or any case where the commission
has determined after being advised by the attorney general that its application
has been preempted by federal law;
(2) a
high-voltage transmission line proposed primarily to distribute electricity to
serve the demand of a single customer at a single location, unless the
applicant opts to request that the commission determine need under this section
or section 216B.2425;
(3)
the upgrade to a higher voltage of an existing transmission line that serves
the demand of a single customer that primarily uses existing rights-of-way,
unless the applicant opts to request that the commission determine need under
this section or section 216B.2425;
(4) a
high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission
line;
(5)
conversion of the fuel source of an existing electric generating plant to using
natural gas; or
(6)
the modification of an existing electric generating plant to increase
efficiency, as long as the capacity of the plant is not increased more than ten
percent or more than 100 megawatts, whichever is greater; or.
(7)
a large energy facility that (i) generates electricity from wind energy
conversion systems, (ii) will serve retail customers in Minnesota, (iii) is
specifically intended to be used to meet the renewable energy objective under
section 216B.1691 or addresses a resource need identified in a current
commission-approved or commission-reviewed resource plan under section
216B.2422, and (iv) derives at least ten percent of the total nameplate
capacity of the proposed project from one or more C-BED projects, as defined
under section 216B.1612, subdivision 2, paragraph (f).
Sec.
6. Minnesota Statutes 2006, section
216B.243, is amended by adding a subdivision to read:
Subd.
9. Renewable
energy standard facilities. The
requirements of this section do not apply to a generation facility that is
intended to be used to meet or exceed the obligations of section 216B.1691;
provided that, after notice and comment, the commission determines that the
facility is a reasonable and prudent approach to meeting the utility's
obligations under that section. When
making this determination, the commission may consider the size of the facility
relative to the utility's total need for renewable resources, alternative
approaches for supplying the renewable energy to be supplied by the proposed
facility, the facility's ability to promote rural economic development,
maintain electric system reliability, maximize greenhouse gas emissions
reductions, and minimize costs to consumers, and other criteria as the
commission may determine are relevant."
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. 3991, A resolution relating to Lake of the Woods.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 3996, A bill for an act relating to natural resources; modifying
definitions related to native prairie restorations; amending Minnesota Statutes
2007 Supplement, section 84.02, subdivisions 2, 7.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 84.02, subdivision 7, is amended to read:
Subd.
7. Restored
native prairie. "Restored
native prairie" means a restoration using at least 25 representative and
biologically diverse native prairie plant species of a local ecotype
originating in the same county as the restoration site or within 25 miles of
the county's border, but not across the boundary of an ecotype region.
Sec.
2. REPEALER.
Minnesota
Statutes 2007 Supplement, section 84.02, subdivision 2, is repealed."
Delete
the title and insert:
"A
bill for an act relating to natural resources; modifying definitions related to
native prairie restorations; amending Minnesota Statutes 2007 Supplement,
section 84.02, subdivision 7; repealing Minnesota Statutes 2007 Supplement,
section 84.02, subdivision 2."
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. 3997, A bill for an act relating to environment; prohibiting siting of land
disposal facilities in certain areas; proposing coding for new law in Minnesota
Statutes, chapter 115A.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [115A.9175]
LANDFILL; SITING.
(a)
An applicant for a permit for a solid waste land disposal facility (1) that was
not in operation prior to March 1, 2008, and (2) at which solid waste,
industrial waste, hazardous waste, or ash are proposed to be accepted for
disposal must submit as part of the application the results of an independent
laboratory analysis for major cations and anions and for tritium in water
samples taken from an upgradient and downgradient well finished in the
uppermost unconsolidated aquifer encountered, and an upgradient and
downgradient well finished in the uppermost bedrock aquifer at the site. If 150 feet of continuous nonaquifer
material is encountered above the bedrock, testing of bedrock wells is not
required. If no unconsolidated or
bedrock aquifers are found within the first 150 feet at the site, no cation,
anion, or tritium testing is required.
(b)
The commissioner may not issue a solid waste land disposal facility permit to
an applicant whose test results for tritium required in paragraph (a) report
concentrations of five tritium units or greater in any well tested, except as
provided in paragraph (c).
(c)
If test results report concentrations of five tritium units or greater for any
well, an applicant may present to the commissioner reasons, and supporting
documentation, why the tritium test results may not indicate that the site is
highly sensitive to groundwater contamination at the site. If the commissioner determines that the
applicant's reasons and supporting documentation are scientifically valid, the
commissioner shall specify additional testing of groundwater samples from the
site that will allow a better estimate to be made of the sensitivity of groundwater
contamination at the site. If, after
reviewing the additional data, the commissioner determines that the conclusion
that the site is not highly sensitive to groundwater contamination is supported
by a preponderance of the scientifically valid evidence available, the
commissioner may issue the permit.
For
the purposes of this section, "highly sensitive to groundwater
contamination" means that the travel time of water from the land surface
to the water table or bedrock is less than 20 years.
EFFECTIVE DATE. This section is effective the day following final enactment."
With
the recommendation that when so amended the bill be re-referred to the
Committee on Finance without further recommendation.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 4004, A bill for an act relating to the city of Crystal; authorizing
creation of a housing development account.
Reported
the same back with the recommendation that the bill be re-referred to the
Committee on Taxes without further recommendation.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 4051, A bill for an act relating to solid waste; establishing a pilot
program to collect and process used paint.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. PAINT
STEWARDSHIP PILOT PROGRAM.
Subdivision
1. Definitions. For purposes of sections 1 to 3, the
following terms have the meanings given:
(1)
"architectural paint" means interior and exterior architectural
coatings, including paints and stains purchased for commercial or homeowner
use, but does not include architectural coatings purchased for industrial or
original equipment manufacturer use;
(2)
"commissioner" means the commissioner of the Pollution Control
Agency;
(3)
"consumer-based cost recovery system" means a system whereby the
costs of the paint stewardship pilot program are passed on to the consumer
through the purchase price of the product;
(4)
"consumer paint stewardship fee" means the fee charged by the
retailer or distributor on each purchase of architectural paint sold in the
state;
(5)
"manufacturer" means a manufacturer of architectural paint;
(6)
"paint stewardship fee" means the fee paid by each manufacturer that
covers the amount of the consumer paint stewardship fee for architectural paint
the manufacturer sells in the state;
(7)
"postconsumer paint" means architectural paint not used by the
purchaser; and
(8)
"retailer" means a person who sells architectural paint at retail.
Subd.
2. Purpose. The purpose of the paint stewardship
pilot program established under this section is to allow paint manufacturers to
develop and implement a program to collect, transport, and process postconsumer
paint to reduce the costs and environmental impacts of the disposal of
postconsumer paint in Minnesota.
Subd.
3. Plan. (a) By July 1, 2008, manufacturers of architectural
paint sold at retail in this state must, through a representative organization,
implement a pilot stewardship program to undertake responsibility for the
development and implementation of strategies to reduce the generation of
postconsumer paint, promote the reuse of postconsumer paint, and collect,
transport, and process the end-of-life management of postconsumer paint. A consumer-based cost recovery system must
be established to collect a fee assessed on all paint sold in the state to
recover from consumers the life cycle costs of environmentally sound reuse or
disposal of postconsumer paint. The
consumer-based cost recovery system shall fund the pilot stewardship program in
the following manner:
(1)
all architectural paint manufacturers shall pay a paint stewardship fee based
on the amount of architectural paint they sell in the state;
(2)
all Minnesota retailers or distributors of architectural paint shall include a
consumer paint stewardship fee in the final retail sales price of all architectural
paint sold by such retailers or distributors in the state; and
(3)
architectural paint manufacturers shall recover the paint stewardship fees by
invoicing each of their Minnesota retailers or distributors of the
architectural paint, who in turn, shall remit payment for the fees to the
architectural paint manufacturer. The
funds used by retailers and distributors to pay such invoices shall be derived
from the consumer paint stewardship fee attached to the sale of architectural
paints by retailers and distributors.
(b)
To ensure that the consumer cost recovery mechanism is equitable and
sustainable, a uniform consumer paint stewardship fee is established for all
paint sold in the state. The assessed
consumer paint stewardship fee must be sufficient to recover the costs of the
program and shall not exceed $1 per gallon.
(c)
Point-of-purchase material shall be provided to the consumer, in a manner that
is designed to ensure that consumers are made aware that a consumer paint
stewardship fee has been included in the final sales price of the architectural
paint.
Subd.
4. Nonpublic
data. Data reported to the
commissioner by a manufacturer or organization of manufacturers is classified
as nonpublic data, as defined in Minnesota Statutes, section 13.02, subdivision
9, except that the commissioner may release the data in summary form in which
individual manufacturers or retailers are not identified and from which neither
their identities nor any other characteristics that could uniquely identify an
individual manufacturer or retailer is ascertainable.
Sec.
2. ANTICOMPETITIVE
CONDUCT.
A
manufacturer or organization of manufacturers that organizes collection,
transport, and processing of postconsumer paint under section 1 may engage in
anticompetitive conduct to the extent necessary to plan and implement its
chosen organized collection or recycling system and is immune from liability
under state laws relating to antitrust, restraint of trade, unfair trade
practices, and other regulation of trade or commerce.
Sec.
3. REPORTS.
(a)
Manufacturers of architectural paint sold at retail in this state must, through
a representative organization, submit an annual report to the commissioner
describing the paint stewardship pilot program. At a minimum, the report must contain:
(1)
a description of methods used to collect, transport, and process postconsumer
paint in all regions of Minnesota;
(2)
the total cost of implementing the pilot program;
(3)
an evaluation of how the pilot program's funding mechanism operated; and
(4)
examples of educational materials that were provided to consumers of
architectural paint and an evaluation of those methods.
(b)
By January 1, 2011, the commissioner shall submit a report to the chairs and
ranking minority members of the committees in the senate and house of
representatives that have primary jurisdiction over solid waste policy
describing the results of the paint stewardship pilot program and recommending
whether it should be made permanent and any modifications to improve the
functioning and efficiency of the program.
Sec.
4. EXPIRATION.
Sections
1 to 3 expire November 30, 2010.
Sec.
5. EFFECTIVE
DATE.
Sections
1 to 4 are effective the day following final enactment."
Amend
the title as follows:
Page
1, line 3, before the period, insert "; requiring reports"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 4060, A resolution memorializing the governor to incorporate certain
principles into a Regional Greenhouse Gas Emission Reduction Cap and Trade
Accord.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Eken
from the Committee on Environment and Natural Resources to which was referred:
S. F.
No. 65, A resolution memorializing the President and Congress and others to
protect the Great Lakes from aquatic invasive species.
Reported
the same back with the following amendments:
Page
1, delete lines 7 to 9 and insert:
"Whereas,
ballast water discharges from ships entering the Great Lakes are the leading
pathway for the introduction of aquatic invasive species, with more than 30 new
species being introduced in the last 50 years; and
Whereas, current federal ballast
water regulations designed to protect the Great Lakes are ineffective. At least 11 new aquatic invasive species
have been introduced from ballast water since current requirements for ballast
water exchange with open ocean water went into effect, including the recent
introduction of viral hemorrhagic septicemia (VHS) that directly threatens the
Great Lakes fishery; and"
Page
1, delete lines 17 to 21 and insert:
"Whereas,
the United States Congress and the legislatures of the Great Lakes states have
the authority and responsibility for protecting the health and safety of their
citizens and to protect and preserve the waters of the Great Lakes; Now,
Therefore,"
Page
2, line 6, delete "national"
Page
2, line 7, delete everything after "program" and insert "that
would establish uniform standards, which Great Lakes states may supplement in
order to meet their responsibilities to protect the health and safety of their
citizens and the integrity of their natural resources; and"
Page
2, delete lines 8 to 15
Page
2, line 20, delete "federal"
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:
S. F.
No. 2379, A bill for an act relating to eminent domain; amending provisions
concerning reestablishment costs limit; amending Minnesota Statutes 2006,
sections 117.51; 117.52, subdivision 1a.
Reported
the same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
S. F.
No. 3154, A bill for an act relating to commerce; regulating residential
mortgage originators and services; verifying the borrower's ability to pay;
amending Minnesota Statutes 2007 Supplement, section 58.13, subdivision 1.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS