Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1849
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
THIRTY-FIFTH DAY
Saint Paul, Minnesota, Friday, March 23, 2007
The House of Representatives convened at 11:30 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Monsignor James D. Habiger, University of
St. Thomas, St. Paul, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
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
Olson
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Brod, Eken, Hausman, Lanning, Paulsen, Scalze and Shimanski
were excused.
The Chief Clerk proceeded to read the Journal of the preceding
day. Faust moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1850
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F. No.
76, A bill for an act relating to natural resources; requiring designation of a
canoe route.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 85.32, subdivision 1, is amended to read:
Subdivision
1. Areas marked. The commissioner of
natural resources is authorized in cooperation with local units of government
and private individuals and groups when feasible to mark canoe and boating
routes on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi,
Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum,
Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, North
Fork of the Crow, South Fork of the Crow, and Crow Rivers which have
historic and scenic values and to mark appropriately points of interest,
portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other
serious hazards which are dangerous to canoe and watercraft travelers.
Sec.
2. APPROPRIATION.
$60,000
is appropriated in fiscal year 2008 from the water recreation account in the
natural resources fund to the commissioner of natural resources to cooperate
with local units of government in marking routes and designating river accesses
and campsites under Minnesota Statutes, section 85.32. This is a onetime
appropriation and available until spent."
Delete
the title and insert:
"A
bill for an act relating to natural resources; designating a canoe route;
appropriating money; amending Minnesota Statutes 2006, section 85.32,
subdivision 1."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1851
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 176, A bill for an act relating to state government; establishing
Preservation of State Documents Act; proposing coding for new law in Minnesota
Statutes, chapter 16E.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. ELECTRONIC DOCUMENTS STUDY AND
REPORT.
Subdivision
1. Study. The chief information
officer of the state shall study how electronic documents and the mechanisms
and processes for accessing and reading electronic data can be created,
maintained, exchanged, and preserved by the state in a manner that encourages
appropriate government control, access, choice, interoperability, and vendor
neutrality. The study must consider, but not be limited to, the policies of
other states and nations, management guidelines for state archives as they
pertain to electronic documents, public access, expected storage life of electronic
documents, costs of implementation, and savings. The chief information officer
shall solicit comments regarding the creation, maintenance, exchange, and
preservation of electronic documents by the state from stakeholders, including
but not limited to the legislative auditor, the attorney general, the state
archivist, the state legislative reference librarian, other librarians,
representatives of the state historical society, and other historians. The
chief information officer shall also solicit comments from members of the
public.
Subd.
2. Report and recommendation. The
chief information officer shall report the officer's findings and
recommendations to the chairs of the senate State and Local Government
Operations and Oversight Committee; house Government Operations, Reform,
Technology and Elections Committee; and the senate and house State Government
Finance Divisions by January 15, 2008."
Delete
the title and insert:
"A
bill for an act relating to state government; requiring a study on electronic
documents; requiring a report by January 15, 2008."
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. 245, A bill for an act relating to human services; modifying adult foster
care licensing requirements; amending Minnesota Statutes 2006, section
256B.0919, subdivision 3.
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 2, is amended to read:
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1852
Subd.
2. County fees for background studies
and licensing inspections. (a) For purposes of family and group family
child care licensing under this chapter, a county agency may charge a fee to an
applicant or license holder to recover the actual cost of background studies,
but in any case not to exceed $100 annually. A county agency may also charge a
fee to an applicant or license holder to recover the actual cost of licensing
inspections, but in any case not to exceed $150 annually.
(b) A
county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies
completed under section 119B.125, but in any case not to exceed $100 annually.
(c)
Counties may elect to reduce or waive the fees in paragraph (a) or (b):
(1) in
cases of financial hardship;
(2) if
the county has a shortage of providers in the county's area;
(3)
for new providers; or
(4)
for providers who have attained at least 16 hours of training before seeking
initial licensure.
(d)
Counties may allow providers to pay the applicant fees in paragraph (a) or (b)
on an installment basis for up to one year. If the provider is receiving child
care assistance payments from the state, the provider may have the fees under
paragraph (a) or (b) deducted from the child care assistance payments for up to
one year and the state shall reimburse the county for the county fees collected
in this manner.
(e)
For purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate
license holder to recover the actual cost of background studies. A county
agency may also charge a fee to a corporate applicant or corporate license
holder to recover the actual cost of licensing inspections, not to exceed $500
annually.
(f)
Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances: (1) in cases of financial hardship; (2) if the county
has a shortage of providers in the county's area; or (3) for new providers.
Sec.
2. Minnesota Statutes 2006, section 256B.0919, is amended by adding a
subdivision to read:
Subd.
4. County certification; licensed providers;
related individual; developmentally disabled. (a) Notwithstanding
any provision to the contrary, a county may certify an adult foster care
license holder to provide foster care services to an individual with a
developmental disability, who is related to the provider, if the following
conditions are met:
(1)
the individual is 18 years of age or older;
(2)
the individual's service plan meets the standards of section 256B.092 and
specifies any special conditions necessary to prevent a conflict of interest
for the provider;
(3)
the provider is not the legal guardian or conservator of the related
individual;
(4)
the provider maintains a license under Minnesota Rules, parts 9555.5105 to
9555.6265, to serve unrelated foster care recipients;
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1853
(5) the provider maintains a
license under chapter 245B; and
(6) the county certifies the
provider meets the adult foster care provider standards established in
Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided to the
related individual.
(b) The county shall
complete an annual certification review to ensure compliance with paragraph
(a), clauses (1) to (6).
(c) Notwithstanding section
256I.04, subdivision 2a, clause (2), the adult foster care provider certified
by the county under this subdivision may be reimbursed for room and board costs
through the group residential housing program.
Sec. 3. Minnesota Statutes
2006, section 256B.092, is amended by adding a subdivision to read:
Subd. 4d. Medicaid reimbursement; licensed provider; related individuals.
The commissioner shall seek a federal amendment to the home and
community-based services waiver for individuals with developmental
disabilities, to allow Medicaid reimbursement for the provision of supported
living services to a related individual when the following conditions have been
met:
(1) the individual is 18
years of age or older;
(2) the provider is
certified initially and annually thereafter, by the county, as meeting the
provider standards established in chapter 245B and the federal waiver plan;
(3) the provider has been
certified by the county as meeting the adult foster care provider standards
established in Minnesota Rules, parts 9555.5105 to 9555.6265;
(4) the provider is not the
legal guardian or conservator of the related individual; and
(5) the individual's service
plan meets the standards of section 256B.092 and specifies any special
conditions necessary to prevent a conflict of interest for the provider."
Delete the title and insert:
"A bill for an act
relating to human services; allowing counties to recoup costs of background
studies and licensing inspections for foster care providers; allowing the
certification of adult foster care license holders to provide services to
certain related individuals; providing for Medicaid reimbursement; amending
Minnesota Statutes 2006, sections 245A.10, subdivision 2; 256B.0919, by adding
a subdivision; 256B.092, by adding a subdivision."
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Finance.
The report was adopted.
Solberg from the Committee
on Ways and Means to which was referred:
H. F. No. 274, A bill for an
act relating to the Rural Finance Authority; providing for sale of bonds;
appropriating money.
Reported the same back with
the following amendments:
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1854
Page
1, line 19, after the period, insert "The authority may use a portion
of this appropriation to pay bond sales expenses under Minnesota Statutes,
section 16A.641, subdivision 8."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 333, A bill for an act relating to state government; compensating state employees
for time they were not able to work due to the 2005 partial government
shutdown.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 334, A bill for an act relating to health; allowing exclusions from income
under MinnesotaCare for certain medical expenses; amending Minnesota Statutes
2006, sections 256L.01, subdivision 5; 256L.04, by adding a subdivision.
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. 422, A bill for an act relating to natural resources; designating the
Redwood River as a canoe and boating route; amending Minnesota Statutes 2006,
section 85.32, 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.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 456, A bill for an act relating to employment; increasing and indexing the minimum
wage; eliminating the training wage; requiring notice to new employees;
amending Minnesota Statutes 2006, section 177.24, subdivision 1, by adding a
subdivision.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1855
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 464, A bill for an act relating to insurance; creating a statewide health
insurance pool for school district employees; appropriating money; amending
Minnesota Statutes 2006, sections 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.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F. No.
506, A bill for an act relating to domestic abuse; making repeat offenders who
violate domestic abuse no contact orders guilty of a felony; defining qualified
domestic violence-related offenses; amending Minnesota Statutes 2006, sections
518B.01, subdivision 22; 609.02, subdivision 16.
Reported
the same back with the following amendments:
Page
2, line 2, before the period, insert "as provided in section 518B.02"
Page
2, line 6, delete the colon
Page
2, line 7, delete "(1)"
Page
2, line 8, delete "; or" and insert a period
Page
2, delete line 9
Page
2, line 10, delete "6."
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. 520, A bill for an act relating to natural resources; adding a loop
extension to the Minnesota River Trail; amending Minnesota Statutes 2006,
section 85.015, 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.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1856
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 541, A bill for an act relating to crimes; defining identity theft to
include posing as another person for purposes of harassing or defaming;
amending Minnesota Statutes 2006, section 609.527, subdivisions 1, 2, 3.
Reported
the same back with the following amendments:
Page
2, line 13, after "subdivision 1" insert ", clause (1)"
Page
2, line 21, delete "poses" and insert "uses the
Internet, a computer, or a computer network to pose"
Page
2, line 22, delete "with the intent to harass or defame" and
insert "and harasses or defames"
Page
3, line 12, delete "(2)" and insert "(4)"
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. 744, A bill for an act relating to education; granting employment leave for
certain designated individuals to attend school conferences and activities;
allowing a parent to consent to a significant individual participating in
school conferences; amending Minnesota Statutes 2006, sections 13.32, by adding
a subdivision; 181.9412, subdivision 1a, by adding subdivisions.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 886, A bill for an act relating to capital improvements; authorizing spending
to acquire and better public land and buildings and other improvements of a
capital nature with certain conditions; authorizing the sale of state bonds;
appropriating money; amending Minnesota Statutes 2006, sections 16A.695,
subdivisions 2, 3, by adding subdivisions; 16A.86, subdivision 3; 116R.01,
subdivision 6; 116R.02, subdivisions 1, 2, 4, 5; 116R.03; 116R.05, subdivision
2; 116R.11, subdivision 1; 116R.12, by adding a subdivision; 272.01,
subdivision 2; 290.06, subdivision 24; 297A.71, subdivision 10; 360.013,
subdivision 39; 360.032, subdivision 1; 360.038, subdivision 4; Laws 2005,
chapter 20, article 1, sections 7, subdivision 21; 20, subdivision 3; 23,
subdivisions 8, 16; Laws 2006, chapter 258, sections 4, subdivision 4; 7,
subdivision 11; 21, subdivisions 6, 15; repealing Minnesota Statutes 2006,
sections 116R.02, subdivisions 3, 6, 7, 9; 116R.16.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1857
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 946, A bill for an act relating to transportation finance; appropriating money
for transportation, Metropolitan Council, and public safety activities;
providing for fund transfers, general contingent accounts, and tort claims;
authorizing sale and issuance of trunk highway bonds for highways and transit
facilities; modifying motor fuels and registration taxes; allocating motor
vehicle sales tax revenue; modifying county state-aid allocation formula;
modifying county wheelage tax; authorizing local transportation sales and use
taxes; modifying provisions relating to various transportation-related funds
and accounts; modifying fees for license plates, drivers' licenses,
identification cards, and state patrol escort and flight services; making
technical and clarifying changes; amending Minnesota Statutes 2006, sections
16A.88; 161.04, subdivision 3, by adding a subdivision; 162.06; 162.07,
subdivision 1, by adding subdivisions; 163.051; 168.011, subdivision 6;
168.013, subdivisions 1, 1a; 168.017, subdivision 3; 168.12, subdivision 5;
168A.29, subdivision 1; 171.02, subdivision 3; 171.06, subdivision 2; 171.07,
subdivisions 3a, 11; 171.20, subdivision 4; 296A.07, subdivision 3; 296A.08,
subdivision 2; 297A.94; 297B.09, subdivision 1; 299D.09; 473.388, subdivision
4; 473.446, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 297A; repealing Minnesota Statutes 2006, section 174.32.
Reported
the same back with the following amendments:
Page
2, line 19, delete "1,743,337,000" and insert "1,743,466,000"
and delete "2,143,408,000" and insert "2,143,079,000"
Page 6,
line 30, delete "57,972,000" and insert "58,101,000"
and delete "75,254,000" and insert "74,925,000"
Page
6, line 31, delete "66,175,000" and insert "64,902,000"
Page
10, line 14, delete the first "78,753,000" and insert "94,363,000"
Page
11, after line 9, insert:
"Subd. 4. Projected
deficiency 15,610,000 0
This is a onetime appropriation."
Page 21, line 21, after
"168.27" insert "and the vehicle is leased or rented for
periods of time of not more than 28 days"
Page 21, line 24, after
"must" insert "(1)"
Page 21, line 25, strike the
second "at" and insert "a designated" and strike
"offices as the registrar"
Page 21, line 26, strike
"may designate" and insert "office, and (2) stamp in red, on
the certificate of title, the phrase "The expiration month of this vehicle
is .... .", with the blank filled in with the month of expiration as if
the vehicle is being registered for a period of 12 calendar months"
Page 35, after line 5,
insert:
"(d) Notwithstanding
the provisions of this subdivision, in fiscal year 2009, the joint powers board
shall allocate at least $18,850,000 of any revenues collected under this
section to the Metropolitan Council for operating assistance for transit."
Adjust amounts accordingly
With the recommendation that
when so amended the bill pass.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1858
MINORITY
REPORT
March
22, 2007
We, the undersigned, being a minority of the Committee on Ways
and Means, recommend that H. F. No. 946 do pass with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
TRANSPORTATION
APPROPRIATIONS
Section 1. SUMMARY OF
APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $109,704,000 $108,188,000 $217,892,000
Special Revenue 47,950,000 49,038,000 96,988,000
Airports 25,524,000 25,592,000 51,116,000
M.S.A.S. 116,942,000 121,368,000 238,310,000
C.S.A.H. 433,278,000 449,684,000 882,962.000
Trunk Highway 1,155,478,000 1,236,921,000 2,392,399,000
Highway User 8,938,000 9,238,000 18,176,000
Total $1,897,814,000 $2,000,029,000 $3,897,843,000
Sec. 2. TRANSPORTATION
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The appropriations are from the trunk
highway fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2008" and "2009"
used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second
year" is fiscal year 2009. "The biennium" is fiscal years 2008
and 2009. Appropriations for the fiscal year ending June 30, 2007, are
effective the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. TRANSPORTATION
Subdivision 1. Total
Appropriation $1,668,686,000 $1,766,788,000
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page
1859
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Appropriations by Fund
2008 2009
General 19,230,000 19,239,000
Airports 25,474,000 25,542,000
C.S.A.H. 433,278,000 449,684,000
M.S.A.S. 116,942,000 121,368,00
Trunk Highway 1,073,762,000 1,150,955,000
The amounts that may be spent for each purpose
are specified in the following subdivisions.
Subd. 2. Multimodal
Systems
(a) Aeronautics
(1) Airport Development and Assistance 20,298,000 20,298,000
This appropriation is from the state airports
fund and must be spent according to Minnesota Statutes, section 360.305,
subdivision 4.
$6,000,000 the first year is a onetime
appropriation and $6,000,000 the second year is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is available for five years after
appropriation.
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
(2) Aviation Support and Services
Appropriations by Fund
Airports 5,151,000 5,219,000
Trunk Highway 847,000 856,000
$65,000 the first year and $65,000 the second
year are for the Civil Air Patrol.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page
1860
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) Transit
Appropriations by Fund
General 18,812,000 18,814,000
Trunk Highway 733,000 747,000
(c) Freight
Appropriations by Fund
General 353,000 360,000
Trunk Highway 4,970,000 5,055,000
Subd. 3. State
Roads
(a) Infrastructure Investment and Planning
(1) Infrastructure Investment Support 174,542,000 172,227,000
$266,000 the first year and $266,000 the
second year are available for grants to metropolitan planning organizations
outside the seven-county metropolitan area.
$75,000 the first year and $75,000 the second
year are for a transportation research contingent account to finance research
projects that are reimbursable from the federal government or from other
sources. If the appropriation for either year is insufficient, the
appropriation for the other year is available for it.
$600,000 the first year and $600,000 the
second year are available for grants for transportation-related activities
outside the metropolitan area to identify critical concerns, problems, and
issues. These grants are available (1) to regional development commissions, and
(2) in regions where no regional development commission is functioning, to
joint powers boards established under agreement of two or more political
subdivisions in the region to exercise the planning functions of a regional
development commission, and (3) in regions where no regional development
commission or joint powers board is functioning, to the department's district
office for that region.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page
1861
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) State Road Construction 556,200,000 615,200,000
It is estimated that these appropriations
will be funded as follows:
Federal Highway Aid 193,500,000 350,400,000
Highway User Taxes 362,700,000 264,800,000
The commissioner of transportation shall
notify the chair of the Transportation Budget Division of the senate and the
chair of the Transportation Finance Committee of the house of representatives
of any significant events that should cause these estimates to change.
This appropriation is for the actual
construction, reconstruction, and improvement of trunk highways, including
design-build contracts and consultant usage to support these activities. This
includes the cost of actual payment to landowners for lands acquired for
highway rights-of-way, payment to lessees, interest subsidies, and relocation
expenses.
$77,000,000 the second year is a onetime
appropriation and does not add to the base appropriation.
The commissioner may transfer up to
$15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money covering
other shares of the cost of partnership projects. These receipts are
appropriated to the commissioner for these projects.
(3) Highway Debt Service 57,684,000 75,151,000
$53,895,000 the first year and $65,128,000
the second year are for transfer to the state bond fund. If this appropriation
is insufficient to make all transfers required in the year for which it is
made, the commissioner of finance shall notify the Committee on Finance of the
senate and the Committee on Ways and Means of the house of representatives of
the amount of the deficiency and shall then transfer that amount under the
statutory open appropriation. Any excess appropriation cancels to the trunk
highway fund.
(b) Infrastructure Operations and Maintenance 216,324,000 218,663,000
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1862
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) Electronic Communications
Appropriations by Fund
General 9,000 9,000
Trunk Highway 5,043,000 5,119,000
The general fund appropriation is to equip
and operate the Roosevelt signal tower for Lake of the Woods weather
broadcasting.
Subd. 4. Local
Roads
(a) County State Aids 433,278,000 449,684,000
This appropriation is from the county state-aid
highway fund and is available until spent.
(b) Municipal State Aids 116,942,000 121,368,000
This appropriation is from the municipal
state-aid street fund and is available until spent.
If an appropriation for either county state
aids or municipal state aids does not exhaust the balance in the fund from
which it is made in the year for which it is made, the commissioner of finance,
upon request of the commissioner of transportation, shall notify the chair of
the Transportation Finance Committee of the house of representatives and the
chair of the Transportation Budget Division of the senate of the amount of the
remainder and shall then add that amount to the appropriation. The amount added
is appropriated for the purposes of county state aids or municipal state aids,
as appropriate.
If the appropriation for either county state
aids or municipal state aids does exhaust the balance in the fund from which it
is made in the year for which it is made, the commissioner of finance shall
notify the chair of the Transportation Finance Committee of the house of
representatives and the chair of the Transportation Budget Division of the
senate of the amount by which the appropriation exceeds the balance and shall
then reduce that amount from the appropriation.
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1863
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 5. General
Support and Services
(a) Department Support
Appropriations by Fund
Airports 25,000 25,000
Trunk Highway 40,201,000 40,688,000
(b) Buildings
Appropriations by Fund
General 56,000 56,000
Trunk Highway 17,218,000 17,249,000
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
Subd. 6. Transfers
(a) With the approval of the commissioner of
finance, the commissioner of transportation may transfer unencumbered balances
among the appropriations from the trunk highway fund and the state airports fund
made in this section. No transfer may be made from the appropriation for state
road construction. No transfer may be made from the appropriations for debt
service to any other appropriation. Transfers under this paragraph may not be
made between funds. Transfers between programs must be reported immediately to
the chair of the Transportation Budget Division of the senate and the chair of
the Transportation Finance Committee of the house of representatives.
(b) The commissioner of finance shall transfer
from the flexible account in the county state-aid highway fund $5,950,000 the
first year and $2,820,000 the second year to the municipal turnback account in
the municipal state-aid street fund and $12,940,000 the first year and
$15,330,000 the second year to the trunk highway fund; and the remainder in
each year to the county turnback account in the county state-aid highway fund.
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1864
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) On or after July 1, 2007, the
commissioner of finance shall:
(1) transfer $4,600,000 from the trunk
highway revolving loan account in the transportation revolving loan fund to the
trunk highway fund; and
(2) transfer $101,221,000 from the general
fund to the trunk highway fund.
Subd. 7. Use
of State Road Construction Appropriations
Any money appropriated to the commissioner of
transportation for state road construction for any fiscal year before fiscal year
2008 is available to the commissioner during fiscal years 2008 and 2009 to the
extent that the commissioner spends the money on the state road construction
project for which the money was originally encumbered during the fiscal year
for which it was appropriated. The commissioner of transportation shall report
to the commissioner of finance by August 1, 2007, and August 1, 2008, on a form
the commissioner of finance provides, on expenditures made during the previous
fiscal year that are authorized by this subdivision.
Subd. 8. Contingent
Appropriation
The commissioner of transportation, with the
approval of the governor after review by the Legislative Advisory Commission
under Minnesota Statutes, section 3.30, may transfer all or part of the
unappropriated balance in the trunk highway fund to an appropriation (1) for
trunk highway design, construction, or inspection in order to take advantage of
an unanticipated receipt of income to the trunk highway fund or to take
advantage of federal advanced construction funding, (2) for trunk highway
maintenance in order to meet an emergency, or (3) to pay tort or environmental
claims. Any transfer as a result of the use of federal advanced construction
funding must include an analysis of the effects on the long-term trunk highway
fund balance. The amount transferred is appropriated for the purpose of the
account to which it is transferred.
Sec. 4. METROPOLITAN
COUNCIL
Subdivision 1. Total
Appropriation $78,753,000 $78,753,000
This appropriation is from the general fund.
The amounts that may be spent for each
purpose are specified in the following subdivisions.
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1865
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Bus
Transit 73,453,000 73,453,000
This appropriation is for bus system
operations.
Subd. 3. Rail
Operations 5,300,000 5,300,000
This appropriation is for operations of the
Hiawatha light rail transit line.
This appropriation is for paying a portion of
the Metropolitan Council's 50 percent share of operating costs for the Hiawatha
light rail transit line after operating revenue and federal funds are used for
light rail transit operations. The remaining 50 percent share of operating costs
are to be paid by the Hennepin County Regional Rail Authority, using any or all
of these sources:
(1) general tax revenues of Hennepin County;
(2) the authority's reserves; and
(3) taxes levied under Minnesota Statutes,
section 398A.04, subdivision 8, notwithstanding any provision in that
subdivision that limits amounts that may be levied for light rail transit
purposes.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation $149,400,000 $153,513,000
Appropriations by Fund
2008 2009
General 11,721,000 10,196,000
Trunk Highway 80,916,000 85,166,000
Highway User 8,813,000 9,113,000
Special Revenue 47,950,000 49,038,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
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1866
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Administration
and Related Services
(a) Office of Communications
Appropriations by Fund
General 39,000 40,000
Trunk Highway 363,000 377,000
(b) Public Safety Support
Appropriations by Fund
General 3,245,000 3,336,000
Trunk Highway 3,331,000 3,420,000
Highway User 1,366,000 1,366,000
$380,000 the first year and $380,000 the second
year are for payment of public safety officer survivor benefits under Minnesota
Statutes, section 299A.44. If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
$1,199,000 the first year and $1,367,000 the
second year are to be deposited in the public safety officer's benefit account.
This money is available for reimbursements under Minnesota Statutes, section
299A.465.
$508,000 the first year and $508,000 the second
year are for soft body armor reimbursements under Minnesota Statutes, section
299A.38.
$792,000 the first year and $792,000 the
second year are appropriated from the general fund for transfer by the
commissioner of finance to the trunk highway fund on December 31, 2007,
and December 31, 2008, respectively, in order to reimburse the trunk highway
fund for expenses not related to the fund. These represent amounts appropriated
out of the trunk highway fund for general fund purposes in the administration
and related services program.
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1867
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$610,000 the first year and $610,000 the second year
are appropriated from the highway user tax distribution fund for transfer by
the commissioner of finance to the trunk highway fund on December 31, 2007, and
December 31, 2008, respectively, in order to reimburse the trunk highway fund
for expenses not related to the fund. These represent amounts appropriated out
of the trunk highway fund for highway user tax distribution fund purposes in
the administration and related services program.
$716,000 the first year and $716,000 the second year
are appropriated from the highway user tax distribution fund for transfer by
the commissioner of finance to the general fund on December 31, 2007, and
December 31, 2008, respectively, in order to reimburse the general fund for
expenses not related to the fund. These represent amounts appropriated out of
the general fund for operation of the criminal justice data network related to
driver and motor vehicle licensing.
(c) Technical Support Services
Appropriations by Fund
General 3,937,000 2,253,000
Trunk Highway 2,344,000 2,344,000
Highway User 19,000 19,000
Subd. 3. State
Patrol
(a) Patrolling Highways
Appropriations by Fund
General 37,000 37,000
Trunk Highway 67,497,000 71,393,000
Highway User 92,000 92,000
$2,060,000 the first year and $3,653,000 the second
year are to add 40 state troopers.
(b) Commercial Vehicle Enforcement 6,945,000 7,196,000
This appropriation is from the trunk highway fund.
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1868
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) Capitol Security 4,463,000 4,530,000
This appropriation is from the general fund.
Subd. 4. Driver
and Vehicle Services
(a) Vehicle Services
Appropriations by Fund
Highway User 7,336,000 7,636,000
Special Revenue 18,696,000 18,973,000
The base appropriation from the highway user
tax distribution fund is $7,936,000 for fiscal year 2010 and $8,236,000 for
fiscal year 2011.
The special revenue fund appropriation is
from the vehicle services operating account.
(b) Driver Services
Appropriations by Fund
Special Revenue 27,939,000 28,711,000
Trunk Highway 1,000 1,000
Subd. 5. Traffic
Safety 435,000 435,000
This appropriation is from the trunk highway
fund.
The commissioner of public safety shall spend
50 percent of the money available to the state under Public Law 105-206,
section 164, and the remaining 50 percent must be transferred to the
commissioner of transportation for hazard elimination activities under United
States Code, title 23, section 152.
Subd. 6. Pipeline
Safety 1,315,000 1,354,000
This appropriation is from the pipeline
safety account in the special revenue fund.
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1869
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 6. GENERAL
CONTINGENT ACCOUNTS $375,000 $375,000
Appropriations by Fund
2008 2009
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
The appropriations in this section may only
be spent with the approval of the governor after consultation with the
Legislative Advisory Commission under Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the appropriation for the other year is available
for it.
Sec. 7. TORT CLAIMS
$600,000 $600,000
To be spent by the commissioner of finance.
This appropriation is from the trunk highway
fund.
If the appropriation for either year is
insufficient, the appropriation for the other year is available for it.
ARTICLE 2
HIGHWAY BONDS
Section 1. HIGHWAY BONDING AND APPROPRIATIONS.
Subdivision 1. Trunk highway projects financed by state bonds. (a)
$1,700,000,000 is appropriated from the bond proceeds account in the trunk
highway fund to the commissioner of transportation for the actual construction,
reconstruction, and improvement of trunk highways. This includes the cost of
actual payments to landowners for lands acquired for highway rights-of-way,
payments to lessees, interest subsidies, and relocation expenses.
(b) The commissioner of
transportation may use up to $289,000,000 of this appropriation for program
delivery.
(c) The commissioner shall
use at least $50,000,000 of this appropriation for accelerating transit
facility improvements on or adjacent to trunk highways.
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Subd. 2. Bond sale. To provide the money appropriated in
subdivision 1 from the bond proceeds account in the trunk highway fund, the
commissioner of finance shall sell and issue bonds of the state in an amount up
to $1,700,000,000 in the manner, on the terms, and with the effect prescribed
by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota
Constitution, article XIV, section 11, at the times and in the amount requested
by the commissioner of transportation. The proceeds of the bonds, except
accrued interest and any premium received from the sale of the bonds, must be
deposited in the bond proceeds account in the trunk highway fund.
Subd. 3. Bond sale expenses. $1,700,000 is appropriated from the
bond proceeds account in the trunk highway fund to the commissioner of finance
for bond sale expenses under Minnesota Statutes, sections 16A.641, subdivision
8, and 167.50, subdivision 4.
ARTICLE 3
TRANSPORTATION FINANCE
Section 1. Minnesota
Statutes 2006, section 16A.88, is amended to read:
16A.88 TRANSIT FUNDS ASSISTANCE FUND.
Subdivision 1. Transit assistance fund established.
A transit assistance fund is established within the state treasury. The fund
receives money distributed under sections 297A.815, subdivision 3, and 297B.09,
subdivision 1, and other money as specified by law. Money in the fund must be
allocated to the greater Minnesota transit account under subdivision 1a and the
metropolitan area transit account under subdivision 2 in the manner specified
in sections 297A.815 and 297B.09, subdivision 1, and must be used for transit
purposes.
Subd. 1a. Greater Minnesota transit fund account. The greater
Minnesota transit fund account is established within the
transit assistance fund in the state treasury. Money in the fund
account is annually appropriated to the commissioner of transportation for
assistance to transit systems outside the metropolitan area under section
174.24. Beginning in fiscal year 2003, The commissioner may use up to $400,000
each year $408,000 in fiscal year 2008 and $416,000 in fiscal year 2009
and thereafter for administration of the transit program. The commissioner
shall use the fund account for transit operations as provided in
section 174.24 and related program administration.
Subd. 2. Metropolitan area transit fund
account. The metropolitan area transit fund account is
established within the transit assistance fund in the state treasury.
All money in the fund account is annually appropriated to the
Metropolitan Council for the funding of transit systems within the metropolitan
area under sections 473.384, 473.386, 473.387, 473.388, and 473.405 to
473.449.
Subd. 3. Metropolitan area transit appropriation account. The
metropolitan area transit appropriation account is established within the
general fund. Money in the account is to be used for the funding of transit
systems in the metropolitan area, subject to legislative appropriation.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 2. Minnesota Statutes
2006, section 161.04, subdivision 3, is amended to read:
Subd. 3. Trunk highway revolving loan account. A
trunk highway revolving loan account is created in the transportation revolving
loan fund under section 446A.085. The commissioner may transfer money from the
trunk highway fund to the trunk highway revolving loan account and from the
trunk highway revolving loan account to the trunk highway fund. Money in
the account may be used to make loans. Funds in the trunk highway revolving
loan account may not be used for any toll facilities project or
congestion-pricing project and may be used only for trunk highway purposes and
repayments and interest from loans of those funds must be credited to the trunk
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highway revolving loan
account in the transportation revolving loan fund. Money in the trunk highway
revolving loan account is annually appropriated to the commissioner and does
not lapse. Interest earned from investment of money in this account must be
deposited in the trunk highway revolving loan account.
Sec. 3. Minnesota Statutes
2006, section 297A.70, subdivision 2, is amended to read:
Subd. 2. Sales to government. (a) All sales,
except those listed in paragraph (b), to the following governments and
political subdivisions, or to the listed agencies or instrumentalities of
governments and political subdivisions, are exempt:
(1) the United States and
its agencies and instrumentalities;
(2) school districts, the
University of Minnesota, state universities, community colleges, technical
colleges, state academies, the Perpich Minnesota Center for Arts Education, and
an instrumentality of a political subdivision that is accredited as an
optional/special function school by the North Central Association of Colleges
and Schools;
(3) hospitals and nursing
homes owned and operated by political subdivisions of the state of tangible
personal property and taxable services used at or by hospitals and nursing
homes;
(4) the Metropolitan
Council, for its purchases of vehicles and repair parts to equip operations
provided for in section 473.4051;
(5) other states or
political subdivisions of other states, if the sale would be exempt from
taxation if it occurred in that state; and
(6) sales to public
libraries, public library systems, multicounty, multitype library systems as
defined in section 134.001, county law libraries under chapter 134A, state agency
libraries, the state library under section 480.09, and the Legislative
Reference Library.; and
(7) the Department of
Transportation, for purchases that are made from the trunk highway fund.
(b) This exemption does not
apply to the sales of the following products and services:
(1) building, construction,
or reconstruction materials purchased by a contractor or a subcontractor as a
part of a lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the construction,
alteration, or repair of a building or facility;
(2) construction materials
purchased by tax exempt entities or their contractors to be used in
constructing buildings or facilities which will not be used principally by the
tax exempt entities;
(3) the leasing of a motor
vehicle as defined in section 297B.01, subdivision 5, except for leases entered
into by the United States or its agencies or instrumentalities; or
(4) lodging as defined under
section 297A.61, subdivision 3, paragraph (g), clause (2), and prepared food,
candy, and soft drinks, except for lodging, prepared food, candy, and soft
drinks purchased directly by the United States or its agencies or
instrumentalities.
(c) As used in this
subdivision, "school districts" means public school entities and
districts of every kind and nature organized under the laws of the state of
Minnesota, and any instrumentality of a school district, as defined in section
471.59.
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Sec. 4. Minnesota Statutes
2006, section 297A.71, is amended by adding a subdivision to read:
Subd. 41. Commuter rail; material, supplies, and equipment. Materials
and supplies used or consumed in, and equipment incorporated into, the
construction or improvement of the commuter rail transportation system operated
under sections 174.80 to 174.90 are exempt. This exemption includes railroad
cars and engines and related equipment.
EFFECTIVE DATE. This section is
effective for sales and purchases made after December 31, 2006, and before July
1, 2011.
Sec. 5. Minnesota Statutes
2006, section 297A.815, is amended by adding a subdivision to read:
Subd. 3. Deposit of revenues. Notwithstanding section 297A.94 or
any law to the contrary, money collected and received under this section must
be deposited in the same manner and in the same proportions as provided for
revenues collected under chapter 297B.
EFFECTIVE DATE. This section is
effective beginning with revenues collected and remitted beginning July 1,
2007.
Sec. 6. Minnesota Statutes
2006, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in
this section, the commissioner shall deposit the revenues, including interest
and penalties, derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall
deposit taxes in the Minnesota agricultural and economic account in the special
revenue fund if:
(1) the taxes are derived
from sales and use of property and services purchased for the construction and
operation of an agricultural resource project; and
(2) the purchase was made on
or after the date on which a conditional commitment was made for a loan
guaranty for the project under section 41A.04, subdivision 3.
The commissioner of finance
shall certify to the commissioner the date on which the project received the
conditional commitment. The amount deposited in the loan guaranty account must
be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall
deposit the revenues, including interest and penalties, derived from the taxes imposed
on sales and purchases included in section 297A.61, subdivision 3, paragraph
(g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general
obligation special tax bond debt service account in each fiscal year the amount
required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements
of clause (1) have been met, the balance to the general fund.
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(d) The commissioner shall
deposit the revenues, including interest and penalties, collected under section
297A.64, subdivision 5, in the state treasury and credit them to the general
fund. By July 15 of each year the commissioner shall transfer to the highway
user tax distribution fund an amount equal to the excess fees collected under
section 297A.64, subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97
percent; for fiscal years 2002 and 2003, 87 percent; and for fiscal year 2004 and
thereafter, 72.43 percent of the revenues, including interest and penalties,
transmitted to the commissioner under section 297A.65, must be deposited by the
commissioner in the state treasury as follows:
(1) 50 percent of the
receipts must be deposited in the heritage enhancement account in the game and
fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and
enhancement of land, water, and other natural resources of the state;
(2) 22.5 percent of the
receipts must be deposited in the natural resources fund, and may be spent only
for state parks and trails;
(3) 22.5 percent of the
receipts must be deposited in the natural resources fund, and may be spent only
on metropolitan park and trail grants;
(4) three percent of the
receipts must be deposited in the natural resources fund, and may be spent only
on local trail grants; and
(5) two percent of the
receipts must be deposited in the natural resources fund, and may be spent only
for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and
the Duluth Zoo.
(f) The revenue dedicated
under paragraph (e) may not be used as a substitute for traditional sources of
funding for the purposes specified, but the dedicated revenue shall supplement
traditional sources of funding for those purposes. Land acquired with money
deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management
areas or on lands where angling easements have been acquired, fishing may be
prohibited during certain times of the year and hunting may be prohibited. At
least 87 percent of the money deposited in the game and fish fund for improvement,
enhancement, or protection of fish and wildlife resources under paragraph (e)
must be allocated for field operations.
(g) The revenues, including
interest and penalties, collected under section 297A.815 must be deposited as
provided for in that section.
EFFECTIVE DATE. This section is
effective beginning with revenues collected and remitted beginning July 1,
2007.
Sec. 7. Minnesota Statutes
2006, section 297B.09, subdivision 1, is amended to read:
Subdivision 1. Deposit of revenues. (a) Money
collected and received under this chapter must be deposited as provided in this
subdivision.
(b) From July 1, 2002, to
June 30, 2003, 32 percent of the money collected and received must be deposited
in the highway user tax distribution fund, 20.5 percent must be deposited in
the metropolitan area transit fund under section 16A.88, and 1.25 percent must
be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
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(c) From July 1, 2003, to
June 30, 2007, 30 percent of the money collected and received must be deposited
in the highway user tax distribution fund, 21.5 percent must be deposited in
the metropolitan area transit fund under section 16A.88, 1.43 percent must be
deposited in the greater Minnesota transit fund under section 16A.88, 0.65
percent must be deposited in the county state-aid highway fund, and 0.17
percent must be deposited in the municipal state-aid street fund. The remaining
money must be deposited in the general fund.
(d) On and after From July 1, 2007, 32
through June 30, 2008, 38.25 percent of the money collected and received
must be deposited in the highway user tax distribution fund, 20.5
23.95 percent must be deposited in the metropolitan area transit fund
account under section 16A.88, and 1.25 1.55 percent must be
deposited in the greater Minnesota transit fund account under
section 16A.88. The remaining money must be deposited in the general fund.
(c) From July 1, 2008,
through June 30, 2009, 44.25 percent of the money collected and received must
be deposited in the highway user tax distribution fund, 27.85 percent must be
deposited in the metropolitan area transit account under section 16A.88, 1.65
percent must be deposited in the greater Minnesota transit account under
section 16A.88, and the remaining money must be deposited in the general fund.
(d) From July 1, 2009,
through June 30, 2010, 50.25 percent of the money collected and received must
be deposited in the highway user tax distribution fund, 31.75 percent must be
deposited in the metropolitan area transit account under section 16A.88, 1.75
percent must be deposited in the greater Minnesota transit account under section
16A.88, and the remaining money must be deposited in the general fund.
(e) From July 1, 2010,
through June 30, 2011, 56.25 percent of the money collected and received must
be deposited in the highway user tax distribution fund, 35.6 percent must be deposited
in the metropolitan area transit account under section 16A.88, 1.9 percent must
be deposited in the greater Minnesota transit account under section 16A.88, and
the remaining money must be deposited in the general fund.
(f) On and after July 1, 2011,
60 percent of the money collected and received must be deposited in the highway
user tax distribution fund, 38 percent must be deposited in the metropolitan
area transit account under section 16A.88, and two percent must be deposited in
the greater Minnesota transit account under section 16A.88.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 8. Minnesota Statutes
2006, section 473.388, subdivision 4, is amended to read:
Subd. 4. Financial assistance. (a) The council
must grant the requested financial assistance if it determines that the
proposed service is intended to replace the service to the applying city or
town or combination thereof by the council and that the proposed service will
meet the needs of the applicant at least as efficiently and effectively as the
existing service.
(b) The amount of assistance
which the council must provide to a system under this section may not be less
than the sum of the amounts determined for each municipality comprising the
system as follows:
(1) the transit operating
assistance grants received under this subdivision by the municipality in
calendar year 2001 or the tax revenues for transit services levied by the
municipality for taxes payable in 2001, including that portion of the levy
derived from the areawide pool under section 473F.08, subdivision 3, clause
(a), plus the portion of the municipality's aid under section 273.1398,
subdivision 2, attributable to the transit levy; times
(2) the ratio of (i) the
appropriation from the transit fund to the council for nondebt transit
operations an amount equal to 3.623 percent of the state revenues
generated from the taxes imposed under section 297A.815 and chapter 297B
for the current fiscal year to (ii) the total levy certified by the council
under section 473.446 and the opt-out transit operating assistance
grants received under this subdivision in calendar year 2001 or the tax
revenues for
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transit services levied by
all replacement service municipalities under this section for taxes payable in 2001, including
that portion of the levy derived from the areawide pool under section
473F.08, subdivision 3, clause (a), plus the portion of homestead and
agricultural credit aid under section 273.1398, subdivision 2, attributable to
nondebt transit levies, times
(3) the ratio of (i) the
municipality's total taxable market value for taxes payable in the most
recent year for which data is available 2007 divided by the municipality's
total taxable market value for taxes payable in 2001, to (ii) the total taxable
market value of all property in the metropolitan area located in
replacement service municipalities for taxes payable in the most recent
year for which data is available 2007 divided by the total taxable
market value of all property in the metropolitan area located in
replacement service municipalities for taxes payable in 2001.
(c) The council shall pay
the amount to be provided to the recipient from the funds the council would
otherwise use to fund its transit operations receives in the
metropolitan area transit account under section 16A.88.
Sec. 9. REPEALER.
Minnesota Statutes 2006,
section 174.32, is repealed.
ARTICLE 4
PUBLIC SAFETY DEPARTMENT SERVICES
FEES
Section 1. Minnesota
Statutes 2006, section 168.017, subdivision 3, is amended to read:
Subd. 3. Exceptions. (a) The registrar shall
register all vehicles subject to registration under the monthly series system
for a period of 12 consecutive calendar months, unless:
(1) the application is an
original rather than renewal application; or
(2) the applicant is a
licensed motor vehicle lessor under section 168.27, in which case the applicant
may apply for initial or renewed registration of a vehicle for a period
of four or more months, the month of expiration to be designated by the
applicant at the time of registration. However, to qualify for this exemption,
the applicant must pay a $10 administrative fee and present the
application to the registrar at St. Paul, or at a designated deputy
registrar offices as the registrar may designate. office. At the end
of the initial registration period, the applicant may only renew the
registration on the vehicle for the remainder of the period prescribed under
subdivision 1 had the applicant not utilized the exception in this subdivision.
Upon the renewal of registration, the applicant shall pay 1/12 of the annual
tax for each calendar month remaining in the registration period in addition to
a $10 administrative fee. Nothing in this subdivision prohibits the applicant
from purchasing registration for an additional full registration period in
conjunction with the purchase of the remainder portion.
(b) In any instance except
that of a licensed motor vehicle lessor, the registrar shall not approve
registering the vehicle subject to the application for a period of less than
three months, except when the registrar determines that to do otherwise will
help to equalize the registration and renewal work load of the department.
(c) The fee collected under
paragraph (a), clause (2), must be deposited in the vehicle services operating
account in the special revenue fund as specified in section 299A.705.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1876
Sec. 2. Minnesota Statutes
2006, section 168.12, subdivision 5, is amended to read:
Subd. 5. Additional fee. (a) In addition to any
fee otherwise authorized or any tax otherwise imposed upon any vehicle, the
payment of which is required as a condition to the issuance of any plate or
plates, the commissioner shall impose the fee specified in paragraph (b) that
is calculated to cover the cost of manufacturing and issuing the plate or
plates, except for plates issued to disabled veterans as defined in section
168.031 and plates issued pursuant to section 168.124, 168.125, or 168.27,
subdivisions 16 and 17, for passenger automobiles. The commissioner shall
issue graphic design plates only for vehicles registered pursuant to section
168.017 and recreational vehicles registered pursuant to section 168.013,
subdivision 1g.
(b) Unless otherwise
specified or exempted by statute, the following plate and validation sticker
fees apply for the original, duplicate, or replacement issuance of a plate in a
plate year:
Sequential Regular Double
Plate $4.25
Sequential Special
Plate-Double $7.00
Sequential Regular Single
Plate $3.00
Sequential Special
Plate-Single $5.50
Utility Trailer
Self-Adhesive Plate $2.50
Nonsequential Double Plate $14.00
Nonsequential Single Plate $10.00
Duplicate Sticker $1.00
License Plate Single Double
Regular and Disability $4.50 $6.00
Special $8.50 $10.00
Personalized (Replacement) $10.00 $14.00
Collector Category $13.50 $15.00
Emergency Vehicle Display $3.00 $6.00
Utility Trailer Self-Adhesive Stickers $2.50
Duplicate year $1.00 $1.00
International Fuel Tax Agreement $2.50
(c) For vehicles that
require two of the categories above, the registrar shall only charge the higher
of the two fees and not a combined total.
Sec. 3. Minnesota Statutes
2006, section 168A.29, subdivision 1, is amended to read:
Subdivision 1. Amounts. (a) The department must be
paid the following fees:
(1) for filing an
application for and the issuance of an original certificate of title, the sum
of $5.50 $6.25 of which $2.50 $3.25 must be paid
into the vehicle services operating account of the special revenue fund under
section 299A.705;
(2) for each security
interest when first noted upon a certificate of title, including the concurrent
notation of any assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest filed by a
public authority under section 168A.05, subdivision 8;
(3) for the transfer of the
interest of an owner and the issuance of a new certificate of title, the sum of
$5.50 of which $2.50 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705;
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1877
(4) for each assignment of a
security interest when first noted on a certificate of title, unless noted
concurrently with the security interest, the sum of $1;
(5) for issuing a duplicate certificate
of title, the sum of $6.50 $7.25 of which $2.50 $3.25 must
be paid into the vehicle services operating account of the special revenue fund
under section 299A.705.
(b) After June 30, 1994, in
addition to each of the fees required under paragraph (a), clauses (1) and (3),
the department must be paid $3.50. The additional $3.50 fee collected under
this paragraph must be deposited in the special revenue fund and credited to
the public safety motor vehicle account established in section 299A.70.
Sec. 4. Minnesota Statutes
2006, section 171.02, subdivision 3, is amended to read:
Subd. 3. Motorized bicycle. (a) A motorized
bicycle may not be operated on any public roadway by any person who does not
possess a valid driver's license, unless the person has obtained a motorized
bicycle operator's permit or motorized bicycle instruction permit from the
commissioner of public safety. The operator's permit may be issued to any
person who has attained the age of 15 years and who has passed the examination
prescribed by the commissioner. The instruction permit may be issued to any
person who has attained the age of 15 years and who has successfully completed
an approved safety course and passed the written portion of the examination
prescribed by the commissioner.
(b) This course must consist
of, but is not limited to, a basic understanding of:
(1) motorized bicycles and
their limitations;
(2) motorized bicycle laws
and rules;
(3) safe operating practices
and basic operating techniques;
(4) helmets and protective
clothing;
(5) motorized bicycle
traffic strategies; and
(6) effects of alcohol and
drugs on motorized bicycle operators.
(c) The commissioner may
adopt rules prescribing the content of the safety course, examination, and the
information to be contained on the permits. A person operating a motorized
bicycle under a motorized bicycle permit is subject to the restrictions imposed
by section 169.974, subdivision 2, on operation of a motorcycle under a
two-wheel instruction permit.
(d) The fees for motorized
bicycle operator's permits are as follows:
(1) Examination and operator's permit, valid for one year $ 6 6.75
(2) Duplicate $
3 3.75
(3) Renewal permit before age 21 and valid until age 21 $ 9
9.75
(4) Renewal permit age 21 or older and valid for four years $ 15 15.75
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1878
(5) Duplicate of any renewal permit $
4.50 5.25
(6) Written examination and instruction permit, valid for 30 days $ 6 6.75
Sec. 5. Minnesota Statutes 2006, section 171.06,
subdivision 2, is amended to read:
Subd. 2. Fees.
(a) The fees for a license and Minnesota identification card are as follows:
Classified Driver's License D-$21.50 C-$25.50 B-$32.50 A-$40.50
Classified Under -21 D.L. D-$21.50 C-$25.50 B-$32.50 A-$20.50
Classified Driver's License D-$22.25 C-$26.25 B-$33.25 A-$41.25
Classified Under-21 D.L. D-$22.25 C-$26.25 B-$33.25 A-$21.25
Instruction Permit $9.50
$10.25
Provisional License $12.50
$13.25
Duplicate License or duplicate identification card $11.00
$11.75
Minnesota identification card or Under-21
Minnesota identification card, other than
duplicate, except as otherwise provided in
section 171.07, subdivisions 3 and 3a $15.50
$16.25
(b) Notwithstanding paragraph (a), an
individual who holds a provisional license and has a driving record free of (1)
convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) convictions for crash-related moving violations, and
(3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license.
"Moving violation" has the meaning given it in section 171.04,
subdivision 1.
(c) In addition to the driver's license fee
required under paragraph (a), the commissioner shall collect an additional $4
processing fee from each new applicant or individual renewing a license with a school
bus endorsement to cover the costs for processing an applicant's initial and
biennial physical examination certificate. The department shall not charge
these applicants any other fee to receive or renew the endorsement.
Sec. 6. Minnesota Statutes 2006, section
171.07, subdivision 3a, is amended to read:
Subd. 3a. Identification cards for seniors. A Minnesota identification card
issued to an applicant 65 years of age or over shall be of a distinguishing
color and plainly marked "senior." The fee for the card issued to an
applicant 65 years of age or over shall be one-half the required fee for a
class D driver's license rounded down to the nearest quarter dollar. A
Minnesota identification card or a Minnesota driver's license issued to a
person 65 years of age or over shall be valid identification for the purpose of
qualifying for reduced rates, free licenses or services provided by any board,
commission, agency or institution that is wholly or partially funded by state
appropriations.
Sec. 7. Minnesota Statutes 2006, section
171.07, subdivision 11, is amended to read:
Subd. 11. Standby or temporary custodian. (a) Upon the written request of the
applicant and upon payment of an additional fee of $3.50 $4.25,
the department shall issue a driver's license or Minnesota identification card
bearing a symbol or other appropriate identifier indicating that the license
holder has appointed an individual to serve as a standby or temporary custodian
under chapter 257B.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1879
(b) The request must be accompanied by a copy
of the designation executed under section 257B.04.
(c) The department shall maintain a
computerized records system of all individuals listed as standby or temporary
custodians by driver's license and identification card applicants. This data
must be released to appropriate law enforcement agencies under section 13.69.
Upon a parent's request and payment of a fee of $3.50 $4.25, the
department shall revise its list of standby or temporary custodians to reflect
a change in the appointment.
(d) At the request of the license or
cardholder, the department shall cancel the standby or temporary custodian
indication without additional charge. However, this paragraph does not prohibit
a fee that may be applicable for a duplicate or replacement license or card,
renewal of a license, or other service applicable to a driver's license or
identification card.
(e) Notwithstanding sections 13.08,
subdivision 1, and 13.69, the department and department employees are
conclusively presumed to be acting in good faith when employees rely on
statements made, in person or by telephone, by persons purporting to be law
enforcement and subsequently release information described in paragraph (b).
When acting in good faith, the department and department personnel are immune
from civil liability and not subject to suit for damages resulting from the
release of this information.
(f) The department and its employees:
(1) have no duty to inquire or otherwise
determine whether a designation submitted under this subdivision is legally
valid and enforceable; and
(2) are immune from all civil liability and
not subject to suit for damages resulting from a claim that the designation was
not legally valid and enforceable.
(g) Of the fees received by the department
under this subdivision:
(1) Up to $61,000 received must be deposited
in the general fund.
(2) All other fees must be deposited in the
driver services operating account in the special revenue fund specified in
section 299A.705.
Sec. 8. Minnesota Statutes 2006, section
171.20, subdivision 4, is amended to read:
Subd. 4. Reinstatement
fee. (a) Before the license is reinstated, (1) an individual whose driver's
license has been suspended under section 171.16, subdivisions 2 and 3; 171.175;
171.18; or 171.182, or who has been disqualified from holding a commercial
driver's license under section 171.165, and (2) an individual whose driver's
license has been suspended under section 171.186 and who is not exempt from
such a fee, must pay a fee of $20.
(b) Before the license is reinstated, an
individual whose license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.
(c) When fees are collected by a licensing
agent appointed under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The reinstatement fee
and surcharge must be deposited in an approved state depository as directed under
section 171.061, subdivision 4.
(d) Reinstatement fees collected under
paragraph (a) for suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), must be deposited in the special revenue fund and
are appropriated to the Peace Officer Standards and Training Board for peace
officer training reimbursement to local units of government.
(e) A suspension may be rescinded without fee
for good cause.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1880
Sec. 9. Minnesota Statutes 2006, section
299D.09, is amended to read:
299D.09 ESCORT
SERVICE; APPROPRIATION; RECEIPTS.
Fees charged for escort services provided by
the State Patrol are annually appropriated to the commissioner of public safety
to administer and provide these services.
The fees charged for services provided by the
State Patrol with a vehicle are $73.60 an hour in fiscal year 2008 and $75.76
an hour in fiscal year 2009 and thereafter. The fees charged for services
provided without a vehicle are $54.00 an hour in fiscal year 2008 and $56.16 an
hour in fiscal year 2009 and thereafter.
The fees charged for State Patrol flight
services are $140 an hour for a fixed wing aircraft, $490 an hour for a
helicopter, and $600 an hour for the Queen Air."
Delete the title and insert:
"A bill for an act relating to appropriations;
appropriating money for transportation, Metropolitan Council, and public safety
activities; providing for fund transfers, general contingent accounts, and tort
claims; authorizing sale and issuance of trunk highway bonds for highways and
transit facilities; modifying provisions related to driver and vehicle services
fees; modifying provisions relating to various transportation-related funds and
accounts; providing sales tax exemption for commuter rail system; providing for
treatment and deposit of proceeds of lease and sales taxes on motor vehicles;
modifying formula for transit assistance to transit replacement service
communities; amending Minnesota Statutes 2006, sections 16A.88; 161.04,
subdivision 3; 168.017, subdivision 3; 168.12, subdivision 5; 168A.29,
subdivision 1; 171.02, subdivision 3; 171.06, subdivision 2; 171.07,
subdivisions 3a, 11; 171.20, subdivision 4; 297A.70, subdivision 2; 297A.71, by
adding a subdivision; 297A.815, by adding a subdivision; 297A.94; 297B.09,
subdivision 1; 299D.09; 473.388, subdivision 4; repealing Minnesota Statutes
2006, section 174.32."
Signed:
Mary Liz Holberg
Steve Sviggum
Hosch was excused for the remainder of today's session.
Holberg moved that the Minority Report on H. F. No. 946 be
substituted for the Majority Report and that the Minority Report be now
adopted.
A roll call was requested and properly seconded.
LAY ON
THE TABLE
Sertich moved that the Minority Report on H. F. No. 946 be laid
on the table.
A roll call was requested and properly seconded.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1881
The question was taken on the Sertich motion and the roll was
called. There were 81 yeas and 45 nays as follows:
Those who
voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Faust
Fritz
Gardner
Greiling
Hansen
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
The motion prevailed and the Minority Report on H. F. No. 946
was laid on the table.
The question recurred on the adoption of the Majority Report
from the Committee on Ways and Means relating to H. F. No. 946.
A roll call was requested and properly seconded.
The
question was taken on the adoption of the Majority Report from the Committee on
Ways and Means relating to H. F. No. 946 and the roll was called. There were 81
yeas and 45 nays as follows:
Those who
voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1882
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
The Majority Report on H. F. No. 946 was adopted.
Solberg
from the Committee on Ways and Means to which was referred:
H. F.
No. 958, A bill for an act relating to state government; providing deficiency
funding for certain state agencies; appropriating money.
Reported
the same back with the following amendments:
Page 1, after line 9, insert:
"State Government
Special Revenue 192,000 192,000
Total $10,571,000 $10,571,000"
Page 1, line 14, delete "chapter" and insert
"chapters" and after "136" insert "and
156"
Page 2, delete section 6 and insert:
"Sec. 6. PUBLIC
SAFETY
Subdivision 1. Total
Appropriation $1,299,000
Appropriations by Fund
2007
General 1,107,000
State Government
Special Revenue 192,000
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1883
Subd. 2. FEMA
match
This appropriation is to provide matching
funds for FEMA funds received for natural disaster assistance payments and is
added to appropriations in Laws 2005, chapter 136, article 1, section 9,
subdivision 2. This appropriation is available until June 30, 2008. This is a
onetime appropriation.
Subd. 3. Parenting
Time Centers
This appropriation is from the state
government special revenue fund for parenting time centers as described in
Minnesota Statutes, section 119A.37. $96,000 of the appropriation is
attributable to expenses incurred in fiscal year 2006 and $96,000 is
attributable to expenses incurred in fiscal year 2007."
Page 3, line 30, after the
period, insert "This is a onetime appropriation."
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. 993, A bill for an act relating to building codes; requiring adoption of
certain provisions relating to radon control; amending Minnesota Statutes 2006,
section 16B.61, by adding a subdivision.
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. 1072, A bill for an act relating to health; mortuary science; changing
provisions dealing with mortuary science; amending Minnesota Statutes 2006,
sections 149A.01, subdivisions 2, 3; 149A.02, subdivisions 2, 8, 11, 12, 13,
16, 19, 29, 33, 34, 36, 40, by adding subdivisions; 149A.03; 149A.20,
subdivisions 1, 4, 6; 149A.40, subdivision 11; 149A.45, by adding subdivisions;
149A.50, subdivisions 2, 4; 149A.52, subdivision 4, by adding a subdivision;
149A.53, by adding a subdivision; 149A.63; 149A.70, subdivisions 1, 3, 5, 5a,
6, 7, 8, 9; 149A.71, subdivisions 2, 4; 149A.72, subdivision 4; 149A.74,
subdivision 1; 149A.80, subdivisions 1, 2, 3; 149A.90, subdivisions 1, 3, 4, 5,
6, 7, 8; 149A.91, subdivisions 2, 3, 5, 6, 10; 149A.92, subdivisions 2, 6;
149A.93, subdivisions 1, 2, 3, 6, 8, by adding a subdivision; 149A.94,
subdivisions 1, 3; 149A.95, subdivisions 2, 4, 6, 7, 9, 13, 14, 15, 20, by
adding a subdivision; 149A.96, subdivision 1; repealing Minnesota Statutes
2006, sections 149A.93, subdivision 9; 149A.94, subdivision 2.
Reported
the same back with the following amendments:
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1884
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 149A.01, subdivision 2, is amended to read:
Subd.
2. Scope. In Minnesota no person
shall, without being licensed by the commissioner of health:
(1)
take charge of, or remove from the place of death, or
transport a dead human body;
(2)
prepare a dead human body for final disposition, in any manner; or
(3)
arrange, direct, or supervise a funeral, memorial service, or graveside
service.
Sec.
2. Minnesota Statutes 2006, section 149A.01, subdivision 3, is amended to read:
Subd.
3. Exceptions to licensure. (a)
Except as otherwise provided in this chapter, nothing in this chapter shall in
any way interfere with the duties of:
(1)
an officer of any public institution;
(2) (1) an officer of a medical
college, county medical society, anatomical association, or anatomical
bequest program located within an accredited school of medicine or an
accredited college of mortuary science;
(3)
a donee of an anatomical gift;
(4) (2) a person engaged in the
performance of duties prescribed by law relating to the conditions under which
unclaimed dead human bodies are held subject to anatomical study;
(5) (3) authorized personnel from a
licensed ambulance service in the performance of their duties;
(6) (4) licensed medical personnel
in the performance of their duties; or
(7) (5) the coroner or medical
examiner in the performance of the duties of their offices.
(b)
This chapter does not apply to or interfere with the recognized customs
or rites of any culture or recognized religion in the final disposition
ceremonial washing, dressing, and casketing of their dead, to the extent
that the all other provisions of this chapter are inconsistent
with the customs or rites complied with.
(c)
Noncompensated persons related by blood, adoption, or marriage to a decedent
who chose to remove a body of a decedent from the place of death, transport the
body, prepare the body for disposition, except embalming, or arrange for final
disposition of the body are not required to be licensed, with the right
to control the dead human body may remove a body from the place of death;
transport the body; prepare the body for disposition, except embalming; or
arrange for final disposition of the body, provided that all actions are in
compliance with this chapter.
(d)
Noncompensated persons acting pursuant to the lawful directive of a decedent
who remove a body of the decedent from the place of death, transport the body,
prepare the body for disposition, except embalming, or arrange for final
disposition of the body are not required to be licensed, provided that all
actions are otherwise in compliance with this chapter.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1885
(e) (d) Persons serving internships
pursuant to section 149A.20, subdivision 6, or students officially registered
for a practicum or clinical through an a program of mortuary
science accredited college or university or a college of funeral service
education accredited by the American Board of Funeral Service Education are
not required to be licensed, provided that the persons or students are
registered with the commissioner and act under the direct and exclusive
supervision of a person holding a current license to practice mortuary science
in Minnesota.
(f) (e) Notwithstanding this
subdivision, nothing in this section shall be construed to prohibit an
institution or entity from establishing, implementing, or enforcing a policy
that permits only persons licensed by the commissioner to remove or cause to be
removed a dead body or body part from the institution or entity.
(f)
An unlicensed person may arrange for and direct or supervise a memorial service
after final disposition of the dead human body has taken place. An unlicensed
person may not take charge of the dead human body, however an unlicensed person
may arrange for and direct or supervise a memorial service before final
disposition of the dead human body has taken place.
Sec.
3. Minnesota Statutes 2006, section 149A.02, subdivision 2, is amended to read:
Subd.
2. Alternative container. "Alternative
container" means a rigid nonmetal receptacle or enclosure, without
ornamentation or a fixed interior lining, which is designed for the encasement
of dead human bodies and is made of corrugated cardboard, fiberboard,
pressed-wood, composition materials, with or without an outside covering,
or other like materials.
Sec.
4. Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
to read:
Subd.
5a. Clinical student. "Clinical
student" means a person officially registered for a clinical through a
program of mortuary science accredited by the American Board of Funeral Service
Education.
Sec.
5. Minnesota Statutes 2006, section 149A.02, subdivision 8, is amended to read:
Subd.
8. Cremated remains container.
"Cremated remains container" means a receptacle in which
postcremation remains are placed. For purposes of this chapter,
"cremated remains container" is interchangeable with "urn"
or similar keepsake storage jewelry.
Sec.
6. Minnesota Statutes 2006, section 149A.02, subdivision 11, is amended to
read:
Subd.
11. Cremation container.
"Cremation container" means a rigid, combustible, closed
container resistant to the leakage of bodily fluids into which that
encases the body and can be made of materials like fiberboard, or corrugated
cardboard and into which a dead human body is placed prior to insertion
into a cremation chamber for cremation. Cremation containers may be
combustible "alternative containers" or combustible
"caskets."
Sec.
7. Minnesota Statutes 2006, section 149A.02, subdivision 12, is amended to
read:
Subd.
12. Crematory. "Crematory"
means a building or structure containing one or more cremation chambers or
retorts for the cremation of dead human bodies or any person that performs
cremations.
Sec.
8. Minnesota Statutes 2006, section 149A.02, subdivision 13, is amended to
read:
Subd.
13. Direct cremation. "Direct
cremation" means a final disposition of a dead human body by
cremation, without formal viewing, visitation, or ceremony with the body
present.
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Sec.
9. Minnesota Statutes 2006, section 149A.02, is amended by adding a subdivision
to read:
Subd.
13a. Direct supervision. "Direct
supervision" means overseeing the performance of an individual. For the
purpose of a clinical, practicum, or internship, direct supervision means that
the supervisor is available to observe and correct, as needed, the performance
of the trainee. The mortician supervisor is accountable for the actions of the
clinical student, practicum student, or intern throughout the course of the
training. The supervising mortician is accountable for any violations of law or
rule, in the performance of their duties, by the clinical student, practicum
student, or intern.
Sec.
10. Minnesota Statutes 2006, section 149A.02, subdivision 16, is amended to
read:
Subd.
16. Final disposition. "Final
disposition" means the acts leading to and the entombment, burial
in a cemetery, or cremation of a dead human body.
Sec. 11.
Minnesota Statutes 2006, section 149A.02, subdivision 33, is amended to read:
Subd.
33. Practicum student.
"Practicum student" means a person officially registered for a
practicum through an a program of mortuary science accredited college
or university or a college of funeral service education accredited by the
American Board of Funeral Service Education.
Sec.
12. Minnesota Statutes 2006, section 149A.02, subdivision 34, is amended to
read:
Subd.
34. Preparation of the body.
"Preparation of the body" means embalming of the body or such items
of care as washing, disinfecting, shaving, positioning of features, restorative
procedures, care of hair, application of cosmetics, dressing, and
casketing.
Sec.
13. Minnesota Statutes 2006, section 149A.02, is amended by adding a
subdivision to read:
Subd.
37b. Refrigeration. "Refrigeration"
means to preserve by keeping cool at a temperature of 40 degrees Fahrenheit or
less using mechanical or natural means.
Sec.
14. Minnesota Statutes 2006, section 149A.03, is amended to read:
149A.03 DUTIES OF COMMISSIONER.
The
commissioner shall:
(1)
enforce all laws and adopt and enforce rules relating to the:
(i)
removal, preparation, transportation, arrangements for disposition, and final
disposition of dead human bodies;
(ii)
licensure and professional conduct of funeral directors, morticians, and
interns, practicum students, and clinical students;
(iii)
licensing and operation of a funeral establishment; and
(iv)
licensing and operation of a crematory;
(2)
provide copies of the requirements for licensure and permits to all applicants;
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(3)
administer examinations and issue licenses and permits to qualified persons and
other legal entities;
(4)
maintain a record of the name and location of all current licensees and
interns;
(5)
perform periodic compliance reviews and premise inspections of licensees;
(6)
accept and investigate complaints relating to conduct governed by this chapter;
(7)
maintain a record of all current preneed arrangement trust accounts;
(8)
maintain a schedule of application, examination, permit, and licensure fees,
initial and renewal, sufficient to cover all necessary operating expenses;
(9)
educate the public about the existence and content of the laws and rules for
mortuary science licensing and the removal, preparation, transportation,
arrangements for disposition, and final disposition of dead human bodies to
enable consumers to file complaints against licensees and others who may have
violated those laws or rules;
(10)
evaluate the laws, rules, and procedures regulating the practice of mortuary
science in order to refine the standards for licensing and to improve the
regulatory and enforcement methods used; and
(11)
initiate proceedings to address and remedy deficiencies and inconsistencies in
the laws, rules, or procedures governing the practice of mortuary science and
the removal, preparation, transportation, arrangements for disposition, and
final disposition of dead human bodies.
Sec.
15. Minnesota Statutes 2006, section 149A.20, subdivision 1, is amended to
read:
Subdivision
1. License required. Except as
provided in section 149A.01, subdivision 3, any person who takes charge of,
or removes from the place of death, or transports a dead human body,
or prepares a dead human body for final disposition in any manner, or arranges,
directs, or supervises a funeral, memorial service, or graveside service must
possess a valid license to practice mortuary science issued by the
commissioner. A funeral establishment may provide a nonlicensed individual
to direct or supervise a memorial service provided they disclose that
information to the person or persons with the authority to make the funeral arrangement
as provided in section 149A.80.
Sec.
16. Minnesota Statutes 2006, section 149A.20, subdivision 4, is amended to
read:
Subd.
4. Educational requirements. (a)
Effective on January 1, 1999, The person shall have:
(1)
received a bachelor of science degree with a major in mortuary science from an
accredited college or university;
(2)
received a bachelor of science or arts degree from an accredited college or
university and completed a separate course of study in mortuary science from a
college of funeral service education accredited by the American Board of
Funeral Service Education; or
(3)
completed credit hours at accredited colleges or universities that in the
numerical aggregate and distribution are the functional equivalent of a
bachelor of arts or science degree and have completed a separate course of
study in mortuary science from a college of funeral service education
program of mortuary science accredited by the American Board of Funeral
Service Education.
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(b)
In the interim, from July 1, 1997, to December 31, 1998, the educational
requirements for initial licensure shall be:
(1)
successful completion of at least 60 semester credit hours or 90 quarter credit
hours at an accredited college or university with the following minimum credit
distribution:
(i)
communications, including speech and English; 12 quarter hours or nine semester
hours;
(ii)
social science, including an introductory course in sociology and psychology;
20 quarter hours or 12 semester hours;
(iii)
natural science, including general or inorganic chemistry and biology; 20
quarter hours or 12 semester hours;
(iv)
health education, including personal or community health; three quarter hours or
two semester hours; and
(v)
elective areas; 35 quarter hours or 25 semester hours; and
(2)
successful completion of a separate course of study in mortuary science from a
college of funeral service education accredited by the American Board of
Funeral Service Education.
Sec.
17. Minnesota Statutes 2006, section 149A.20, subdivision 6, is amended to
read:
Subd.
6. Internship. (a) A person who
attains a passing score on both examinations in subdivision 5 must complete a
registered internship under the direct supervision of an individual currently
licensed to practice mortuary science in Minnesota. Interns must file with the
commissioner:
(1)
the appropriate fee; and
(2) a
registration form indicating the name and home address of the intern, the date
the internship begins, and the name, license number, and business address of
the supervising mortuary science licensee.
(b)
Any changes in information provided in the registration must be immediately
reported to the commissioner. The internship shall be a minimum of one calendar
year and a maximum of three calendar years in duration; however, the
commissioner may waive up to three months of the internship time requirement
upon satisfactory completion of the a clinical or practicum in
mortuary science administered through the program of mortuary science of the
University of Minnesota or a substantially similar program. Registrations must
be renewed on an annual basis if they exceed one calendar year. During the
internship period, the intern must be under the direct and exclusive
supervision of a person holding a current license to practice mortuary science
in Minnesota. An intern may be registered under only one licensee at any given
time and may be directed and supervised only by the registered licensee. The registered
licensee shall have only one intern registered at any given time. The
commissioner shall issue to each registered intern a registration permit that
must be displayed with the other establishment and practice licenses. While
under the direct and exclusive supervision of the licensee, the intern
must actively participate in the embalming of at least 25 dead human bodies and
in the arrangements for and direction of at least 25 funerals. Case reports, on
forms provided by the commissioner, shall be completed by the intern, signed by
the supervising licensee, and filed with the commissioner for at least 25
embalmings and funerals in which the intern participates. Information contained
in these reports that identifies the subject or the family of the subject
embalmed or the subject or the family of the subject of the funeral shall be
classified as licensing data under section 13.41, subdivision 2.
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Sec.
18. Minnesota Statutes 2006, section 149A.40, subdivision 11, is amended to
read:
Subd.
11. Continuing education. The
commissioner may, upon presentation of an appropriate program of continuing
education developed by the Minnesota Funeral Directors Association, require
continuing education hours for renewal of a license to practice mortuary
science.
Sec.
19. Minnesota Statutes 2006, section 149A.45, is amended by adding a
subdivision to read:
Subd.
6. Fees. The renewal fees shall
be paid to the commissioner of finance and shall be credited to the state
government special revenue fund in the state treasury.
Sec.
20. Minnesota Statutes 2006, section 149A.45, is amended by adding a
subdivision to read:
Subd.
7. Reinstatement. After one year
a person who registers under this section may reapply meeting current
requirements for licensure listed in section 149A.20.
Sec.
21. Minnesota Statutes 2006, section 149A.50, subdivision 2, is amended to
read:
Subd.
2. Requirements for funeral
establishment. A funeral establishment licensed under this section must contain:
(1) contain
a preparation and embalming room as described in section 149A.92; and
(2) contain
office space for making arrangements.; and
(3)
comply with applicable local and state building codes, zoning laws, and
ordinances.
Sec.
22. Minnesota Statutes 2006, section 149A.50, subdivision 4, is amended to
read:
Subd.
4. Nontransferability of license. A
license to operate a funeral establishment is not assignable or transferable
and shall not be valid for any person other than the one named. Each license
issued to operate a funeral establishment is valid only for the location
identified on the license. A 50 percent or more change in ownership or
location of the funeral establishment automatically terminates the license.
Separate licenses shall be required of two or more persons or other legal
entities operating from the same location.
Sec.
23. Minnesota Statutes 2006, section 149A.52, subdivision 4, is amended to
read:
Subd.
4. Nontransferability of license. A
license to operate a crematory is not assignable or transferable and shall not
be valid for any person other than the one named. Each license issued to
operate a crematory is valid only for the location identified on the license. A
50 percent or more change in ownership or location of the crematory
automatically terminates the license. Separate licenses shall be required of
two or more persons or other legal entities operating from the same location.
Sec. 24.
Minnesota Statutes 2006, section 149A.52, is amended by adding a subdivision to
read:
Subd.
5a. Initial licensure and inspection fees.
The licensure and inspection fees shall be paid to the commissioner of
finance and shall be credited to the state government special revenue fund in
the state treasury.
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Sec.
25. Minnesota Statutes 2006, section 149A.53, is amended by adding a
subdivision to read:
Subd.
9. Renewal and reinspection fees. The
renewal and reinspection fees shall be paid to the commissioner of finance and
shall be credited to the state government special revenue fund in the state
treasury.
Sec.
26. Minnesota Statutes 2006, section 149A.63, is amended to read:
149A.63 PROFESSIONAL COOPERATION.
A
licensee, clinical student, practicum student, intern, or applicant for
licensure under this chapter that is the subject of or part of an
inspection or investigation by the commissioner or the commissioner's designee
shall cooperate fully with the inspection or investigation. Failure to
cooperate constitutes grounds for disciplinary action under this chapter.
Sec.
27. Minnesota Statutes 2006, section 149A.70, subdivision 1, is amended to
read:
Subdivision
1. Use of titles. Only a person
holding a valid license to practice mortuary science issued by the commissioner
may use the title of mortician, funeral director, or any other title implying
that the licensee is engaged in the business or practice of mortuary science.
Only the holder of a valid license to operate a funeral establishment issued by
the commissioner may use the title of funeral home, funeral chapel, funeral
service, or any other title, word, or term implying that the licensee is
engaged in the business or practice of mortuary science. Only the holder of a
valid license to operate a crematory issued by the commissioner may use the
title of crematory, crematorium, or any other title, word, or term implying
that the licensee operates a crematory or crematorium.
Sec.
28. Minnesota Statutes 2006, section 149A.70, subdivision 3, is amended to
read:
Subd.
3. Advertising. No licensee,
clinical student, practicum student, or intern shall publish or disseminate
false, misleading, or deceptive advertising. False, misleading, or deceptive
advertising includes, but is not limited to:
(1)
identifying, by using the names or pictures of, persons who are not licensed to
practice mortuary science in a way that leads the public to believe that those persons
will provide mortuary science services;
(2)
using any name other than the names under which the funeral establishment or
crematory is known to or licensed by the commissioner;
(3)
using a surname not directly, actively, or presently associated with a licensed
funeral establishment or crematory, unless the surname had been previously and
continuously used by the licensed funeral establishment or crematory; and
(4)
using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishment or
crematory is currently or was previously licensed.
Any
advertising or other printed material that contains the names or pictures of
persons affiliated with a funeral establishment or crematory shall state the
position held by the persons and shall identify each person who is licensed or
unlicensed under this chapter.
Sec.
29. Minnesota Statutes 2006, section 149A.70, subdivision 5, is amended to
read:
Subd.
5. Reimbursement prohibited. No
licensee, clinical student, practicum student, or intern shall offer,
solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in
consideration for recommending or causing a dead human body to be disposed of in
by a specific body donation program, funeral establishment,
crematory, mausoleum, or cemetery.
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Sec.
30. Minnesota Statutes 2006, section 149A.70, subdivision 5a, is amended to
read:
Subd.
5a. Solicitations prohibited in certain
situations. No funeral provider or whole body donation program may
directly or indirectly:
(1)
call upon an individual at a grave site, in a hospital, nursing home, hospice,
or similar institution or facility, or at a visitation, wake, or reviewal for
the purpose of soliciting the sale of funeral goods, funeral services, burial
site goods, or burial site services or for the purpose of making arrangements
for a funeral or the final disposition of a dead human body, without a specific
request for solicitation from that individual;
(2)
solicit the sale of funeral goods, funeral services, burial site goods, or
burial site services from an individual whose impending death is readily apparent,
without a specific request for solicitation from that individual; or
(3)
engage in telephone solicitation of an individual who has the right to
control the final disposition of a dead human body within ten days after the
death of the individual whose body is being disposed, without a specific
request for solicitation from that individual.
This
subdivision does not apply to communications between an individual and a
funeral provider who is related to the individual by blood, adoption, or
marriage.
Sec.
31. Minnesota Statutes 2006, section 149A.70, subdivision 6, is amended to
read:
Subd.
6. Use of unlicensed personnel; interns;
and practicum students. Except as otherwise provided in this chapter, a
licensed funeral establishment may not employ unlicensed personnel to
perform the duties of a funeral director or mortician so long as the
unlicensed personnel act under the direct supervision of an individual holding
a current license to practice mortuary science in Minnesota and all applicable
provisions of this chapter are followed. It is the duty of the licensees,
individual or establishment, to provide proper training for all unlicensed
personnel, and the licensees shall be strictly accountable for compliance with
this chapter. This subdivision does not apply to registered interns who are
under the direct and exclusive supervision of a registered licensee or a
student duly registered for a practicum through an accredited college or
university or a college of funeral service education accredited by the American
Board of Funeral Service Education. A licensee may be personally
assisted by a nonlicensed employee when removing a dead human body from the
place of death and in the lifting of a dead human body at the funeral
establishment. The nonlicensed employee must be in the immediate physical
presence of the licensee in charge at all times. The funeral establishment and
the individual licensee are responsible for compliance and training of the
nonlicensed employee outlined in sections 149A.90, subdivision 6, and 149A.92,
subdivisions 7 and 10, and shall be fully accountable for all actions of the
nonlicensed employee.
Sec.
32. Minnesota Statutes 2006, section 149A.70, subdivision 7, is amended to
read:
Subd.
7. Unprofessional conduct. No
licensee or intern shall engage in or permit others under the licensee's or
intern's supervision or employment to engage in unprofessional conduct.
Unprofessional conduct includes, but is not limited to:
(1)
harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;
(2)
using profane, indecent, or obscene language within the immediate hearing of
the family or relatives of the deceased;
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(3)
failure to treat with dignity and respect the body of the deceased, any member
of the family or relatives of the deceased, any employee, or any other person
encountered while within the scope of practice, employment, or business;
(4)
the habitual overindulgence in the use of or dependence on intoxicating
liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any
other mood altering substances that substantially impair a person's
work-related judgment or performance;
(5)
revealing personally identifiable facts, data, or information about a decedent,
customer, member of the decedent's family, or employee acquired in the practice
or business without the prior consent of the individual, except as authorized
by law;
(6)
intentionally misleading or deceiving any customer in the sale of any goods or
services provided by the licensee;
(7)
knowingly making a false statement in the procuring, preparation, or filing of
any required permit or document; or
(8)
knowingly making a false statement on a record of death.
Sec.
33. Minnesota Statutes 2006, section 149A.70, subdivision 8, is amended to
read:
Subd.
8. Disclosure of ownership. All
funeral establishments and funeral providers must clearly state by whom they
are owned in on all price lists, business literature,
stationary, Web sites, correspondence, and contracts. This subdivision
does not apply to envelopes, business cards, newspaper advertisements,
telephone book advertisements, billboard advertisements, or radio and
television advertisements.
Sec.
34. Minnesota Statutes 2006, section 149A.70, subdivision 9, is amended to
read:
Subd.
9. Disclosure of change of ownership.
(a) Within 15 days of a change in ownership of a funeral establishment or
funeral provider, the funeral establishment or funeral provider shall notify
all preneed consumers by first class mail of the change in ownership. The
notification shall advise the preneed consumers of their right to transfer all
preneed trust funds to a new funeral provider and shall advise all preneed
consumers who have revocable preneed trusts of their right to terminate the
trust and receive a refund of all principal paid into the trust, plus interest
accrued.
(b)
For purposes of this subdivision:
(1)
"change in ownership" means:
(i)
the sale or transfer of all or substantially all 50 percent or more
of the controlling interest or assets of a funeral establishment or
funeral provider;
(ii)
the sale or transfer of a controlling interest of a funeral establishment or
funeral provider; or
(iii)
the termination of the business of a funeral establishment or funeral provider
where there is no transfer of assets or stock; and
(2)
"controlling interest" means:
(i) an
interest in a partnership of greater than 50 percent; or
(ii)
greater than 50 percent of the issued and outstanding shares of a stock of a
corporation.
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Sec.
35. Minnesota Statutes 2006, section 149A.71, subdivision 2, is amended to
read:
Subd.
2. Preventive requirements. (a) To
prevent unfair or deceptive acts or practices, the requirements of this
subdivision must be met.
(b)
Funeral providers must tell persons who ask by telephone about the funeral
provider's offerings or prices any accurate information from the price lists
described in paragraphs (c) to (e) and any other readily available information
that reasonably answers the questions asked.
(c)
Funeral providers must make available for viewing to people who inquire in
person about the offerings or prices of funeral goods or burial site goods,
separate printed or typewritten price lists using a ten-point font or larger.
Each funeral provider must have a separate price list for each of the following
types of goods that are sold or offered for sale:
(1)
caskets;
(2)
alternative containers;
(3)
outer burial containers;
(4)
cremation containers and;
(5) cremated remains
containers;
(5) (6) markers; and
(6) (7) headstones.
(d)
Each separate price list must contain the name of the funeral provider's place
of business, address, and telephone number and a caption describing the
list as a price list for one of the types of funeral goods or burial site goods
described in paragraph (c), clauses (1) to (6) (7). The funeral
provider must offer the list upon beginning discussion of, but in any event
before showing, the specific funeral goods or burial site goods and must
provide a photocopy of the price list, for retention, if so asked by the
consumer. The list must contain, at least, the retail prices of all the
specific funeral goods and burial site goods offered which do not require
special ordering, enough information to identify each, and the effective date
for the price list. In lieu of a written price list, other formats, such as
notebooks, brochures, or charts may be used if they contain the same
information as would the printed or typewritten list, and display it in a clear
and conspicuous manner. However, funeral providers are not required to make
a specific price list available if the funeral providers place the information
required by this paragraph on the general price list described in paragraph
(e).
(e)
Funeral providers must give a printed or typewritten price list, for
retention, to persons who inquire in person about the funeral goods, funeral
services, burial site goods, or burial site services or prices offered by the
funeral provider. The funeral provider must give the list upon beginning
discussion of either the prices of or the overall type of funeral service or
disposition or specific funeral goods, funeral services, burial site goods, or
burial site services offered by the provider. This requirement applies whether
the discussion takes place in the funeral establishment or elsewhere. However,
when the deceased is removed for transportation to the funeral establishment,
an in-person request for authorization to embalm does not, by itself, trigger
the requirement to offer the general price list. If the provider, in making an
in-person request for authorization to embalm, discloses that embalming is not
required by law except in certain special cases, the provider is not required
to offer the general price list. Any other discussion during that time about
prices or the selection of funeral goods, funeral services, burial site goods,
or burial site services triggers the requirement to give the consumer a general
price list. The general price list must contain the following information:
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(1) the name, address, and
telephone number of the funeral provider's place of business;
(2) a caption describing the
list as a "general price list";
(3) the effective date for
the price list;
(4) the retail prices, in
any order, expressed either as a flat fee or as the prices per hour, mile, or
other unit of computation, and other information described as follows:
(i) forwarding of remains to
another funeral establishment, together with a list of the services provided
for any quoted price;
(ii) receiving remains from
another funeral establishment, together with a list of the services provided
for any quoted price;
(iii) separate prices for
each cremation offered by the funeral provider, with the price including an
alternative or cremation container, any crematory charges, and a description of
the services and container included in the price, where applicable, and the price
of cremation where the purchaser provides the container;
(iv) separate prices for
each immediate burial offered by the funeral provider, including a casket or
alternative container, and a description of the services and container included
in that price, and the price of immediate burial where the purchaser provides
the casket or alternative container;
(v) transfer of remains to
the funeral establishment;
(vi) embalming;
(vii) other preparation of
the body;
(viii) use of facilities,
equipment, or staff for viewing;
(ix) use of facilities,
equipment, or staff for funeral ceremony;
(x) use of facilities,
equipment, or staff for memorial service;
(xi) use of equipment or
staff for graveside service;
(xii) hearse or funeral
coach;
(xiii) limousine; and
(xiv) separate prices for
all cemetery-specific goods and services, including all goods and services
associated with interment and burial site goods and services and excluding
markers and headstones;
(5) the price range for the
caskets offered by the funeral provider, together with the statement "A
complete price list will be provided at the funeral establishment or casket
sale location." or the prices of individual caskets, as disclosed in the
manner described in paragraphs (c) and (d);
(6) the price range for the
alternative containers offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral
establishment or alternative container sale location." or the prices of
individual alternative containers, as disclosed in the manner described in
paragraphs (c) and (d);
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(7)
the price range for the outer burial containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the
funeral establishment or outer burial container sale location." or the
prices of individual outer burial containers, as disclosed in the manner
described in paragraphs (c) and (d);
(8)
the price range for the cremation containers and cremated remains containers
offered by the funeral provider, together with the statement "A complete
price list will be provided at the funeral establishment or cremation container
sale location." or the prices of individual cremation containers and
cremated remains containers, as disclosed in the manner described in paragraphs
(c) and (d);
(9) the
price range for the cremated remains containers offered by the funeral
provider, together with the statement, "A complete price list will be
provided at the funeral establishment or cremation container sale
location," or the prices of individual cremation containers as disclosed
in the manner described in paragraphs (c) and (d);
(10)
the price
for the basic services of funeral provider and staff, together with a list of
the principal basic services provided for any quoted price and, if the charge
cannot be declined by the purchaser, the statement "This fee for our basic
services will be added to the total cost of the funeral arrangements you
select. (This fee is already included in our charges for direct cremations,
immediate burials, and forwarding or receiving remains.)" If the charge
cannot be declined by the purchaser, the quoted price shall include all charges
for the recovery of unallocated funeral provider overhead, and funeral
providers may include in the required disclosure the phrase "and
overhead" after the word "services." This services fee is the
only funeral provider fee for services, facilities, or unallocated overhead
permitted by this subdivision to be nondeclinable, unless otherwise required by
law;
(10)
if the price for basic services, as described in clause (9), is not applicable,
the statement "Please note that a fee for the use of our basic services is
included in the price of our caskets. Our services include (specify services
provided)." The fee shall include all charges for the recovery of
unallocated funeral provider overhead, and funeral providers may include in the
required disclosure the phrase "and overhead" after the word
"services." The statement must be placed on the general price list,
together with the casket price range or the prices of individual caskets. This
services fee is the only funeral provider fee for services, facilities, or
unallocated overhead permitted by this subdivision to be nondeclinable, unless
otherwise required by law; and
(11)
the price range for the markers and headstones offered by the funeral provider,
together with the statement "A complete price list will be provided at the
funeral establishment or marker or headstone sale location." or the prices
of individual markers and headstones, as disclosed in the manner described in
paragraphs (c) and (d).; and
(12)
any package priced funerals offered must be listed in addition to and following
the information required in paragraph (e) and must clearly state the funeral
goods and services being offered, the price being charged for those goods and
services, and the discounted savings.
(f)
Funeral providers must give an itemized written statement, for retention, to
each consumer who arranges a an at-need funeral or other
disposition of human remains at the conclusion of the discussion of the
arrangements. The itemized written statement must be signed by the consumer
selecting the goods and services as required in section 149A.80. If the
statement is provided at by a funeral establishment, the
statement must be signed by the licensed funeral director or mortician planning
the arrangements. If the statement is provided by any other funeral provider,
the statement must be signed by an authorized agent of the funeral provider.
The statement must list the funeral goods, funeral services, burial site goods,
or burial site services selected by that consumer and the prices to be paid for
each item, specifically itemized cash advance items (these prices must be given
to the extent then known or reasonably ascertainable if the prices are not
known or reasonably ascertainable, a good faith estimate shall be given and a
written statement of the actual charges shall be provided before the final bill
is paid), and the total cost of goods and services selected. The information
required by this paragraph may be included on any contract, statement, or other
document which the funeral provider would otherwise provide at the conclusion
of discussion of arrangements. At the conclusion of an at-need
arrangement, the funeral provider is required to give the consumer a copy of
the signed itemized written contract that must contain the information required
in this paragraph.
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(g)
Funeral providers must give any other price information, in any other format,
in addition to that required by paragraphs (c) to (e) so long as the written
statement required by paragraph (f) is given when required.
(h) (g) Upon receiving actual
notice of the death of an individual with whom a funeral provider has entered a
preneed funeral agreement, the funeral provider must provide a copy of all
preneed funeral agreement documents to the person who controls final
disposition of the human remains or to the designee of the person controlling
disposition. The person controlling final disposition shall be provided
with these documents at the time of the person's first in-person contact
with the funeral provider, if the first contact occurs in person at a funeral
establishment, crematory, or other place of business of the funeral provider.
If the contact occurs by other means or at another location, the documents must
be provided within 24 hours of the first contact.
Sec.
36. Minnesota Statutes 2006, section 149A.71, subdivision 4, is amended to
read:
Subd.
4. Casket, alternate container, and
cremation container sales; records; required disclosures. Any funeral
provider who sells or offers to sell a casket, alternate container, or
cremation container, or cremated remains container to the public must
maintain a record of each sale that includes the name of the purchaser, the
purchaser's mailing address, the name of the decedent, the date of the
decedent's death, and the place of death. These records shall be open to
inspection by the regulatory agency and reported to the commissioner.
Any funeral provider selling a casket, alternate container, or cremation
container to the public, and not having charge of the final disposition of the
dead human body, shall enclose within the casket, alternate container, or
cremation container information provided by the commissioner that includes a
blank record of death, and provide a copy of the statutes and rules
controlling the removal, preparation, transportation, arrangements for
disposition, and final disposition of a dead human body. This subdivision does
not apply to morticians, funeral directors, funeral establishments,
crematories, or wholesale distributors of caskets, alternate containers, or
cremation containers.
Sec.
37. Minnesota Statutes 2006, section 149A.72, subdivision 4, is amended to
read:
Subd.
4. Casket for cremation provision;
preventive measures. To prevent deceptive acts or practices, funeral
providers must place the following disclosure in immediate conjunction with the
prices shown for cremations: "Minnesota law does not require you to
purchase a casket for cremation. If you want to arrange a cremation, you
can use a cremation container. A cremation container is a rigid,
combustible, closed container resistant to the leakage of bodily fluids,
that encases the body and can be made of materials like fiberboard or composition
materials (with or without an outside covering) corrugated cardboard and
into which a dead human body is placed prior to insertion into a cremation
chamber for cremation. The containers we provide are (specify containers
provided)." This disclosure is required only if the funeral provider
arranges direct cremations.
Sec.
38. Minnesota Statutes 2006, section 149A.74, subdivision 1, is amended to
read:
Subdivision
1. Services provided without prior
approval; deceptive acts or practices. In selling or offering to sell
funeral goods or funeral services to the public, it is a deceptive act or
practice for any funeral provider to embalm a dead human body unless state or
local law or regulation requires embalming in the particular circumstances
regardless of any funeral choice which might be made, or prior approval for
embalming has been obtained from an individual legally authorized to make such
a decision, or the funeral provider is unable to contact the legally authorized
individual after exercising due diligence, has no reason to believe the legally
authorized individual does not want embalming performed, and obtains subsequent
approval for embalming already performed. In seeking approval to embalm,
the funeral provider must disclose that embalming is not required by law except
in certain circumstances; that a fee will be charged if a funeral is selected
which requires embalming, such as a funeral with viewing; and that no
embalming fee will be charged if the family selects a service which does
not require embalming, such as direct cremation or immediate burial.
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Sec.
39. Minnesota Statutes 2006, 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, either by oral or written instructions. A person
may arrange for the preparation, type of service, and place of final
disposition in advance of need with a funeral establishment by written
instructions that are dated, signed, and notarized or witnessed. 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.
40. Minnesota Statutes 2006, section 149A.80, subdivision 2, is amended to
read:
Subd.
2. Determination of right to control and
duty of disposition. The right to control the disposition of the remains of
a deceased person, including the location and conditions of final disposition,
unless other directions have been given by the decedent pursuant to subdivision
1, vests in, and the duty of final disposition of the body devolves upon, the
following in the order named:
(1)
the person or persons appointed in a dated written instrument signed by
the decedent. Written instrument includes, but is not limited to, a health care
directive executed under chapter 145C. Written instrument does not include a
durable or nondurable power of attorney which terminates on the death of the
principal pursuant to sections 523.08 and 523.09;
(2)
the surviving, legally recognized spouse;
(3) a
majority of the surviving biological or adopted child or children of the
decedent over the age of majority, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on
instructions given by the child or children who represent that they are the
sole surviving child, or that they constitute a majority of the surviving
children;
(4)
the surviving parent or parents of the decedent each having equal authority;
(5) a
majority of the surviving biological or adopted sibling or siblings of the
decedent over the age of majority, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on
instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving
siblings;
(6)
the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and
(7)
the appropriate public or court authority, as required by law.
For
purposes of this subdivision, the appropriate public or court authority
includes the county board of the county in which the death occurred if the
person dies without apparent financial means to provide for final disposition
or the district court in the county in which the death occurred.
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Sec.
41. Minnesota Statutes 2006, section 149A.80, subdivision 3, is amended to
read:
Subd.
3. Estranged persons. An
estranged person gives up their rights according to subdivision 2, clauses (1)
to (6). Where there is only one person in a degree of relationship to the
decedent described in subdivision 2, clauses (1) to (6), and a district court
pursuant to subdivision 5, determines that the person and the decedent were
estranged at the time of death, the right to control and the duty of
disposition shall devolve to the person or persons in the next degree of
relationship pursuant to subdivision 2, clauses (1) to (6). For purposes of
this subdivision, "estranged" means having a relationship
characterized by mutual enmity, hostility, or indifference.
Sec.
42. Minnesota Statutes 2006, section 149A.90, subdivision 1, is amended to
read:
Subdivision
1. Death record. (a) Except as
provided in this section, a death record must be completed and filed for every
known death by the mortician, funeral director, or other person lawfully in
charge of the final disposition of the body.
(b) If
the body is that of an individual whose identity is unknown, the person in
charge of the final disposition of the body must notify the commissioner
for purposes of compliance with section 144.05, subdivision 4.
Sec.
43. Minnesota Statutes 2006, section 149A.90, subdivision 3, is amended to
read:
Subd.
3. Referrals to coroner or medical
examiner. The mortician, funeral director, or other person lawfully in
charge of the disposition of the body shall notify the coroner or medical
examiner before moving a body from the site of death in any case:
(1)
where the person is unable to obtain firm assurance from the physician in
attendance that the medical certification will be signed;
(2)
when circumstances suggest that the death was caused by other than natural
causes;
(3)
where deaths occur under mysterious or unusual circumstances;
(4)
where there is a violent death, whether homicidal, suicidal, or accidental,
including but not limited to: thermal, chemical, electrical, or radiational
injury; and deaths due to criminal abortion, whether self-induced or not;
(5)
where the body is to be disposed of in some manner which prevents later
examination, including but not limited to, cremation, dissection, or burial at
sea; or
(6)
when the decedent was an inmate of a public institution who was not
hospitalized for organic disease. Referrals to the coroner or medical examiner are
outlined in section 390.11.
Sec.
44. Minnesota Statutes 2006, section 149A.90, subdivision 4, is amended to
read:
Subd.
4. Documentation Certificate
of removal. No dead human body shall be removed from the place of death by
a mortician or funeral director without the completion of a certificate of
removal certification and, where possible, presentation of a copy of
that certification certificate to the person or a representative
of the legal entity with physical or legal custody of the body at the death
site. The certificate of removal certification may shall
be on a form in the format provided by the commissioner or on
any other form that contains, at least, the following information:
(1)
the name of the deceased, if known;
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(2)
the date and time of removal;
(3) a
brief listing of the type and condition of any personal property removed with
the body;
(4)
the location to which the body is being taken;
(5)
the name, business address, and license number of the individual making the
removal; and
(6)
the signatures of the individual making the removal and, where possible, the
individual or representative of the legal entity with physical or legal custody
of the body at the death site.
Sec.
45. Minnesota Statutes 2006, section 149A.90, subdivision 5, is amended to
read:
Subd.
5. Retention of documentation
certificate of removal. A copy of the certificate of removal certification
shall be given, where possible, to the person or representative of the legal
entity having physical or legal custody of the body at the death site. The
original certificate of removal certification shall be retained
by the individual making the removal and shall be kept on file, at the funeral
establishment or crematory to which the body was taken, for a period of
three calendar years following the date of the removal. Following this period,
and subject to any other laws requiring retention of records, the funeral
establishment or crematory may then place the records in storage or
reduce them to microfilm, microfiche, laser disc, or any other method that can
produce an accurate reproduction of the original record, for retention for a
period of ten calendar years from the date of the removal of the body. At the
end of this period and subject to any other laws requiring retention of
records, the funeral establishment or crematory may destroy the records
by shredding, incineration, or any other manner that protects the privacy of
the individuals identified in the records.
Sec.
46. Minnesota Statutes 2006, section 149A.90, subdivision 6, is amended to
read:
Subd.
6. Removal procedure. Every
individual removing a dead human body from the place of death shall use
universal precautions and otherwise exercise all reasonable precautions to
minimize the risk of transmitting any communicable disease from the body.
Before removal, the body shall be wrapped in a sheet or pouch that is
impervious to liquids, covered in such a manner that the body cannot be viewed,
encased in a secure pouch, and placed on a regulation ambulance cot or
on an aircraft ambulance stretcher. Any dead human body measuring 36 inches or
less in length may be removed after having been properly wrapped, covered, and
encased, but does not need to be placed on an ambulance cot or aircraft
ambulance stretcher.
Sec.
47. Minnesota Statutes 2006, section 149A.90, subdivision 7, is amended to
read:
Subd.
7. Conveyances permitted for removal.
A dead human body may be transported from the place of death by any vehicle
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 an ambulance cot or aircraft ambulance
stretcher in a horizontal position;
(4) is
so designed to permit loading and unloading of the body without excessive
tilting of the cot or stretcher; and
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(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. A
dead human body measuring 36 inches or less in length may be transported from
the place of death by passenger automobile. For purposes of this subdivision, a
passenger automobile is a vehicle designed and used for carrying not more than
ten persons, but excludes motorcycles and motor scooters.; and
(6)
is designed so that the driver and the dead human body are in the same cab.
Sec.
48. Minnesota Statutes 2006, section 149A.90, subdivision 8, is amended to
read:
Subd.
8. Proper holding facility required.
The funeral establishment or crematory to which a dead human body is
taken shall have an appropriate holding facility for storing the body while
awaiting final disposition. The holding facility must be secure from access by
anyone except the authorized personnel of the funeral establishment or
crematory, preserve the dignity of the remains, and protect the health and
safety of the funeral establishment or crematory personnel.
Sec.
49. Minnesota Statutes 2006, section 149A.91, subdivision 2, is amended to
read:
Subd.
2. Preparation procedures; access to
preparation room. The preparation of a dead human body for final
disposition shall be performed in privacy. No person shall be permitted to be
present in the preparation room while a dead human body is being embalmed,
washed, or otherwise prepared for final disposition, except:
(1)
licensed morticians or funeral directors and their authorized agents and
employees;
(2)
registered interns or students as described in subdivision 6;
(3) public
officials or representatives in the discharge of their official duties; and
(4)
licensed medical personnel; and.
(5)
members of the immediate family of the deceased, their designated
representatives, and any person receiving written authorization to be present.
The written authorization must be dated and signed by the person with legal
right to control the disposition and must be presented to the mortician or
intern or practicum student who will be performing the procedure. The written
authorization shall become part of the required records pursuant to subdivision
10.
Sec.
50. Minnesota Statutes 2006, section 149A.91, subdivision 3, is amended to
read:
Subd.
3. Embalming required. A dead human
body must be embalmed by a licensed mortician or registered intern or
practicum student or clinical student in the following circumstances:
(1) if
the body will be transported by public transportation;
(2) if
final disposition will not be accomplished within 72 hours after death or
release of the body by a competent authority with jurisdiction over the body or
the body will be lawfully stored for final disposition in the future, except as
provided in section 149A.94, subdivision 1;
(3) if
the body will be publicly viewed; or
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(4) if so ordered by the
commissioner of health for the control of infectious disease and the protection
of the public health.
For purposes of this
subdivision, publicly viewed means reviewal of a dead human body by anyone
other than those mentioned in section 149A.80, subdivision 2, and minor
children. Refrigeration may be used in lieu of embalming when required in
clause (2). A body may not be kept in refrigeration for a period that exceeds
six calendar days from the time and release of the body from the place of death
or from the time of release from the coroner or medical examiner.
Sec. 51. Minnesota Statutes
2006, section 149A.91, subdivision 5, is amended to read:
Subd. 5. Authorization to embalm; required form.
A written authorization to embalm must contain the following information:
(1) the date of the
authorization;
(2) the name of the funeral
establishment that will perform the embalming;
(3) the name, address, and
relationship to the decedent of the person signing the authorization;
(4) an acknowledgment of the
circumstances where embalming is required by law under subdivision 3;
(5) a statement certifying
that the person signing the authorization is the person with legal right to
control the disposition of the body prescribed in section 149A.80 or that
person's legal designee;
(6) the name and
signature of the person requesting the authorization and that person's
relationship to the funeral establishment where the procedure will be
performed; and
(7) the signature of the
person who has the legal right to control the disposition or their legal
designee.
Sec. 52. Minnesota Statutes
2006, section 149A.91, subdivision 6, is amended to read:
Subd. 6. Mortician required. Embalming of a dead
human body shall be performed only by an individual holding a license to
practice mortuary science in Minnesota, a registered intern pursuant to section
149A.20, subdivision 6, or a student registered for a practicum or clinical
through an accredited college or university or a college of funeral service
education accredited by the American Board of Funeral Service Education. An
individual who holds a funeral director only license issued pursuant to section
149A.40, subdivision 2, is prohibited from engaging in the embalming of a dead
human body.
Sec. 53. Minnesota Statutes
2006, section 149A.91, subdivision 10, is amended to read:
Subd. 10. Required records. Every funeral
establishment that causes a dead human body to be embalmed shall create and
maintain on its premises or other business location in Minnesota an accurate
record of every embalming performed. The record shall include all of the
following information for each embalming:
(1) the name of the decedent
and the date of death;
(2) the date the funeral
establishment took physical custody of the body and, if applicable, the name of
the person releasing the body to the custody of the funeral establishment;
(3) the reason for embalming
the body;
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(4)
the name, address, and relationship to the decedent of the person who
authorized the embalming of the body;
(5)
the date the body was embalmed, including the time begun and the time of
completion;
(6)
the name, license number, and signature of the mortician who performed or
personally supervised the intern or student who performed the embalming;
(7)
the name, permit number, if applicable, and signature of any intern or
practicum student or clinical student that participates in the embalming
of a body, whether the intern or practicum student or clinical student
performs part or all of the embalming; and
(8)
the original written authorization to embalm and any other supporting
documentation that establishes the legal right of the funeral establishment to
physical custody of the body and to embalm the body.
Sec.
54. Minnesota Statutes 2006, section 149A.92, subdivision 2, is amended to
read:
Subd.
2. Minimum requirements; general.
Every funeral establishment must have a preparation and embalming room. The
room shall be of sufficient size and dimensions to accommodate a preparation or
embalming table, an open fixture approved flush bowl with water
connections, a hand sink with water connections, and an instrument table,
cabinet, or shelves.
Sec.
55. Minnesota Statutes 2006, section 149A.92, subdivision 6, is amended to
read:
Subd.
6. Minimum requirements; equipment and
supplies. The preparation and embalming room must have a preparation and
embalming table and a functional aspirator, eye wash, and quick drench
shower. The preparation and embalming table shall have a nonporous top,
preferably of rustproof metal or porcelain, with raised edges around the top of
the entire table and a drain opening at the lower end. Where embalmings are
actually performed in the room, the room must be equipped with a preparation
and embalming table, a functional method for injection of fluids, an eye
wash station, and sufficient supplies and instruments for normal operation.
The preparation and embalming table shall have a nonporous top of rustproof
metal or porcelain, with raised edges around the top of the entire table and a
drain opening at the lower end. All supplies must be stored and used in
accordance with all applicable state and federal regulations for occupational
health and safety.
Sec.
56. Minnesota Statutes 2006, section 149A.93, subdivision 1, is amended to
read:
Subdivision
1. Permits required. After removal
from the place of death to any location where the body is held awaiting final
disposition, further transportation of the body shall require a transit
permit issued by a licensed mortician certificate of removal. Permits
The certificate of removal shall contain the information required on
in the permit form format as furnished by the commissioner.
Sec.
57. Minnesota Statutes 2006, section 149A.93, subdivision 2, is amended to
read:
Subd.
2. Transit permit Certificate
of removal. A transit permit certificate of removal is
required when:
(1) legal
and physical custody of the body is transferred;
(2) a
body is transported by public transportation; or
(3) a
body is removed from the state.
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Sec.
58. Minnesota Statutes 2006, section 149A.93, is amended by adding a
subdivision to read:
Subd.
2a. Retention of certificate of removal.
A copy of the certificate of removal shall be retained by the funeral
establishment or representative of the legal entity releasing legal and
physical custody of the body. The original certificate of removal shall
accompany the remains to the legal entity to which custody is transferred. The
funeral establishment releasing the custody of the remains shall retain a copy
of the certificate of removal for a period of three calendar years following
the date of the transfer of custody. Following this period, and subject to any
other laws requiring retention of records, the funeral establishment may then
place the records in storage or reduce them to microfilm, microfiche, laser
disc, or any other method that can produce an accurate reproduction of the
original record, for retention for a period of ten calendar years from the date
of the removal of the body. At the end of this period and subject to any other
laws requiring retention of records, the funeral establishment may destroy the
records by shredding, incineration, or any other manner that protects the
privacy of the individuals identified in the records.
Sec.
59. Minnesota Statutes 2006, section 149A.93, subdivision 3, is amended to
read:
Subd.
3. Disposition permit. A disposition
permit is required before a body can be buried, entombed, or cremated. No
disposition permit shall be issued until a fact of death record has been
completed and filed with the local or state registrar of vital statistics.
Sec.
60. Minnesota Statutes 2006, section 149A.93, subdivision 4, is amended to
read:
Subd.
4. Possession of permit. Until the
body is delivered for final disposition, the disposition permit shall be in
possession of the person in physical or legal custody of the body, or attached
to the transportation container which holds the body. At the place of final
disposition, legal and physical custody of the body shall pass with the
filing of the disposition permit with the person in charge of that place.
Sec.
61. Minnesota Statutes 2006, 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.
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Sec.
62. Minnesota Statutes 2006, section 149A.93, subdivision 8, is amended to
read:
Subd.
8. Who may transport. Subject to section
149A.09, A dead human body need not be transported under the direct,
personal supervision of a licensed mortician or funeral director. In
circumstances where there is no reasonable probability that unlicensed
personnel will encounter family members or other persons with whom funeral
arrangements are normally made by licensed morticians or funeral directors, a
dead human body may be transported without the direct, personal supervision of
a licensed mortician. Any inadvertent contact with family members or other
persons as described above shall be restricted to unlicensed personnel
identifying the employer to the person encountered, offering to arrange an
appointment with the employer for any person who indicates a desire to make
funeral arrangements for the deceased, and making any disclosure to the person
that is required by state or federal regulations may be transported by
unlicensed personnel according to section 149A.90. A licensed mortician or
funeral director who directs the transport of a dead human body without
providing direct, personal supervision by unlicensed personnel shall
be held strictly accountable for compliance with this chapter.
Sec.
63. Minnesota Statutes 2006, section 149A.94, subdivision 1, is amended to
read:
Subdivision
1. Generally. Every dead human body
lying within the state, except those delivered for dissection pursuant to
section 525.9213, those delivered for anatomical study pursuant to section
149A.81, subdivision 2, or lawfully carried through the state for the purpose
of disposition elsewhere; and the remains of any dead human body after
dissection or anatomical study, shall be decently buried, entombed, or
cremated, within a reasonable time after death. Where final disposition of a
body will not be accomplished within 72 hours following death or release of the
body by a competent authority with jurisdiction over the body, the body must be
properly embalmed or refrigerated. A body may not be kept in refrigeration
for a period exceeding six calendar days from the time of death or release of
the body from the coroner or medical examiner. For purposes of this
section, refrigeration is not considered a form of preservation or disinfection
and does not alter the 72-hour requirement, except as provided in subdivision
2.
Sec.
64. Minnesota Statutes 2006, section 149A.94, subdivision 3, is amended to
read:
Subd.
3. Permit required. No dead human
body shall be buried, entombed, or cremated without a disposition permit. The
disposition permit must be filed with the person in charge of the place of
final disposition. Where a dead human body will be transported out of this
state for final disposition, the body must be accompanied by a transit
permit certificate of removal.
Sec.
65. Minnesota Statutes 2006, section 149A.95, subdivision 2, is amended to
read:
Subd.
2. General requirements. Any
building to be used as a crematory must comply with all applicable local and
state building codes, zoning laws and ordinances, and environmental standards.
A crematory must have, on site, a human cremation system approved by the
commissioner, a motorized mechanical device for processing cremated remains
and must have, in the building or adjacent to it, a holding facility for
the retention of dead human bodies awaiting cremation. The holding facility
must be secure from access by anyone except the authorized personnel of the
crematory, preserve the dignity of the remains, and protect the health and
safety of the crematory personnel.
Sec.
66. Minnesota Statutes 2006, section 149A.95, subdivision 4, is amended to
read:
Subd.
4. Authorization to cremate required.
No crematory shall cremate or cause to be cremated any dead human body or
identifiable body part without receiving written authorization to do so
from the person or persons who has have the legal right to
control disposition as described in section 149A.80 or the person's legal
designee. The written authorization must include:
(1)
the name of the deceased and the date of death;
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1905
(2) a
statement authorizing the crematory to cremate the body;
(3)
the name, address, relationship to the deceased, and signature of the person
or persons with legal right to control final disposition or a legal
designee;
(4) certification
that the body does not contain any implanted mechanical or radioactive device,
such as a heart pacemaker, that may create a hazard when placed in the
cremation chamber;
(5)
authorization to remove the body from the container in which it was delivered,
if that container is not appropriate for cremation, and to place the body in an
appropriate cremation container and directions for the disposition of the
original container;
(6)
authorization to open the cremation chamber and reposition the body to
facilitate a thorough cremation and to remove from the cremation chamber and
separate from the cremated remains, any noncombustible materials or items;
(7)
directions for the disposition of any noncombustible materials or items
recovered from the cremation chamber;
(8)
acknowledgment that the cremated remains will be mechanically reduced to a
granulated appearance and placed in an appropriate container and authorization
to place any cremated remains that a selected urn or container will not
accommodate into a temporary container;
(9)
acknowledgment that, even with the exercise of reasonable care, it is not
possible to recover all particles of the cremated remains and that some
particles may inadvertently become commingled with disintegrated chamber material
and particles of other cremated remains that remain in the cremation chamber or
other mechanical devices used to process the cremated remains; and
(10)
directions for the ultimate disposition of the cremated remains.
Sec.
67. Minnesota Statutes 2006, section 149A.95, subdivision 6, is amended to
read:
Subd.
6. Acceptance of delivery of body.
No dead human body shall be accepted for final disposition by cremation
unless encased in an appropriate cremation container or casket,
wrapped in an impermeable sheet or pouch of five millimeters or more thickness,
accompanied by a disposition permit issued pursuant to section 149A.93,
subdivision 3, including a photocopy of the completed death record or a signed
release authorizing cremation of the body received from the coroner or medical
examiner, and accompanied by a cremation authorization that complies with
subdivision 4. A crematory may shall refuse to accept delivery of
a cremation container where there is:
(1)
evidence of leakage of fluids from the body cremation container;
(2) a
known dispute concerning cremation of the body delivered;
(3) a
reasonable basis for questioning any of the representations made on the written
authorization to cremate; or
(4)
any other lawful reason.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1906
Sec.
68. Minnesota Statutes 2006, section 149A.95, is amended by adding a
subdivision to read:
Subd.
6a. Bodies awaiting cremation. A
dead human body must be cremated within 24 hours of the crematory accepting
legal and physical custody of the body.
Sec.
69. Minnesota Statutes 2006, section 149A.95, subdivision 7, is amended to
read:
Subd.
7. Handling of cremation containers
for dead human bodies. All crematory employees handling cremation
containers for dead human bodies shall use universal precautions and
otherwise exercise all reasonable precautions to minimize the risk of
transmitting any communicable disease from the body. No dead human body shall
be removed from the container in which it is delivered to the crematory without
express written authorization of the person or persons with legal right
to control the disposition and only by a licensed mortician. If, after
accepting delivery of a body for cremation, it is discovered that the body
contains an implanted mechanical or radioactive device, that device must be
removed from the body by a licensed mortician or physician prior to cremation.
Sec.
70. Minnesota Statutes 2006, section 149A.95, subdivision 9, is amended to
read:
Subd.
9. Cremation chamber for human remains.
A licensed crematory shall knowingly cremate only dead human bodies or human
remains in a cremation chamber, along with the cremation container or casket
and a the sheet or pouch used for disease control.
Sec.
71. Minnesota Statutes 2006, section 149A.95, subdivision 13, is amended to
read:
Subd.
13. Cremation procedures; commingling of
cremated remains prohibited. Except with the express written permission of
the person with legal right to control the final disposition or
otherwise provided by law, no crematory shall mechanically process the cremated
human remains of more than one body at a time in the same mechanical processor,
or introduce the cremated human remains of a second body into a mechanical
processor until processing of any preceding cremated human remains has been
terminated and reasonable efforts have been employed to remove all fragments of
the preceding cremated remains. The fact that there is incidental and
unavoidable residue in the mechanical processor or any container used in a
prior cremation is not a violation of this provision.
Sec.
72. Minnesota Statutes 2006, section 149A.95, subdivision 14, is amended to
read:
Subd.
14. Cremation procedures; processing
cremated remains. The cremated human remains shall be reduced by a
motorized mechanical device to a granulated appearance appropriate for final
disposition and placed in a cremated remains container along with the
appropriate identifying disk, tab, or permanent label.
Sec.
73. Minnesota Statutes 2006, section 149A.95, subdivision 15, is amended to
read:
Subd.
15. Cremation procedures; container of
insufficient capacity. If a cremated remains container is of insufficient
capacity to accommodate all cremated remains of a given dead human body,
subject to directives provided in the written authorization to cremate, the
crematory shall place the excess cremated remains in a secondary cremated
remains container and attach the second container, in a manner so as not to be
easily detached through incidental contact, to the primary cremated remains
container. The secondary container shall contain a duplicate of the
identification disk, tab, or permanent label that was placed in the
primary container and all paperwork regarding the given body shall include a
notation that the cremated remains were placed in two containers.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1907
Sec.
74. Minnesota Statutes 2006, section 149A.95, subdivision 20, is amended to
read:
Subd.
20. Required records. Every
crematory shall create and maintain on its premises or other business location
in Minnesota an accurate record of every cremation provided. The record shall
include all of the following information for each cremation:
(1)
the name of the person or funeral establishment delivering the body for
cremation;
(2)
the name of the deceased and the identification number assigned to the body;
(3)
the date of acceptance of delivery;
(4)
the names of the cremation chamber and mechanical processor operator;
(5)
the time and date that the body was placed in and removed from the cremation
chamber;
(6)
the time and date that processing and inurnment of the cremated remains was
completed;
(7)
the time, date, and manner of release of the cremated remains;
(8)
the name and address of the person who signed the authorization to cremate; and
(9) all
supporting documentation, including any transit or disposition permits, a
photocopy of the death record, and the authorization to cremate.; and
(10)
the type of cremation container.
Sec.
75. Minnesota Statutes 2006, section 149A.96, subdivision 1, is amended to
read:
Subdivision
1. Written authorization. Except as
provided in this section, no dead human body or human remains shall be
disinterred and reinterred without the written authorization of the person or
persons legally entitled to control the body or remains and a
disinterment-reinterment permit properly issued by the state registrar
commissioner or a licensed mortician. Permits shall contain the information
required on the permit form as furnished by the commissioner.
Sec.
76. REPEALER.
Minnesota
Statutes 2006, sections 149A.93, subdivision 9; and 149A.94, subdivision 2, are
repealed."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1908
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 1077, A bill for an act relating to health; requiring coverage for interpreter
services for health plan and medical assistance enrollees; amending Minnesota
Statutes 2006, section 256B.0625, subdivision 18a; proposing coding for new law
in Minnesota Statutes, chapter 62Q.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [62Q.40] LANGUAGE INTERPRETER
SERVICES.
A
health plan must cover sign language interpreter services provided to deaf and
hard-of-hearing enrollees and language interpreter services provided to
enrollees with limited English proficiency in order to facilitate the provision
of health care services by a provider or health care facility. For purposes of
this section, "provider" has the meaning given in section 62J.03,
subdivision 8; and "health plan" includes coverage excluded under
section 62A.011, subdivision 3, clauses (6), (7), (9), and (10). Interpreter
services may be provided in person, by telephone, or by video conference. The
health plan shall reimburse either the party providing interpreter services
directly for the costs of language interpreter services provided to the
enrollee or the provider or health care facility arranging for the provision of
interpreter services. Providers and health care facilities that employ interpreters
may bill and shall be reimbursed directly by health plan companies for such
services. Except where health plan companies are already reimbursing a party
providing or a provider or health care facility arranging for interpreter
services, required reimbursement by health plan companies for interpreter
services shall be phased in over a three-year period beginning July 1, 2008,
with one-third of the cost reimbursed the first year, two-thirds of the cost
reimbursed the second year, and full reimbursement the third year. A health
plan company shall provide to enrollees, upon request, the policies and
procedures for addressing the needs of deaf and hard-of-hearing enrollees and
enrollees with limited English proficiency. All entities providing interpreter
services must disclose their methods for ensuring competency upon request of
any health plan company, provider, or consumer.
Sec.
2. INTERPRETER SERVICES WORK GROUP.
(a)
The commissioner of health shall, in consultation with the commissioners of
commerce, human services, and employee relations, convene a work group to study
the provision of interpreter services to patients in medical and dental care
settings. The work group shall include one representative from each of the
following groups:
(1)
consumers;
(2)
interpreters;
(3)
interpreter service providers or agencies;
(4)
health plan companies;
(5)
self-insured purchasers;
(6)
hospitals;
(7)
health care providers;
(8)
dental providers;
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1909
(9) clinic administrators;
(10) state agency staff from
the Departments of Health, Human Services, and Employee Relations;
(11) local county social
services agencies;
(12) local public health
agencies; and
(13) the interpreting
stakeholders group.
(b) The work group shall
develop findings and recommendations on the following:
(1) assuring access to
interpreter services;
(2) compliance with
requirements of federal law and guidance;
(3) developing a quality
assurance program to ensure the quality of health care interpreting services,
including requirements for training and establishing a certification process;
and
(4) identifying broad-based
funding mechanisms for interpreter services.
(c) Based on the discussions
of the work group, the commissioner shall submit the findings and the
recommendations to the chairs of the health policy and finance committees in
the house and senate by January 15, 2008.
Sec. 3. EFFECTIVE DATE.
Section 1 is effective July
1, 2008, and applies to plans issued or renewed to provide coverage to
Minnesota residents on or after that date unless the legislature enacts
alternative funding sources based on the recommendations of the commissioner.
Section 2 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act
relating to health; requiring coverage for interpreter services; establishing
an interpreter services work group; requiring reports; proposing coding for new
law in Minnesota Statutes, chapter 62Q."
With the recommendation that
when so amended the bill pass and be re-referred to the Committee on Commerce
and Labor.
The report was adopted.
Pelowski from the Committee
on Governmental Operations, Reform, Technology and Elections to which was
referred:
H. F.
No. 1116, A bill for an act relating to game and fish; modifying definitions;
providing for and modifying certain fees; modifying provisions for taking
animals causing damage; modifying license and stamp provisions; modifying
certain possession and taking restrictions; providing for an apprentice hunter
validation; modifying commercial fishing provisions; providing for a crossbow
deer season; requiring reports; requiring rulemaking; providing criminal and
civil penalties; amending Minnesota Statutes 2006, sections 97A.015,
subdivision 24, by
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1910
adding a subdivision;
97A.045, by adding a subdivision; 97A.401, subdivision 5; 97A.405, subdivisions
2, 4; 97A.421, by adding a subdivision; 97A.441, subdivision 7; 97A.451,
subdivisions 3, 3a; 97A.465, by adding a subdivision; 97A.473, subdivisions 3,
5; 97A.475, subdivisions 2, 3, 6; 97A.505, subdivision 4; 97A.511; 97B.015, by
adding a subdivision; 97B.020; 97B.031, subdivision 1; 97B.035, by adding a
subdivision; 97B.075; 97B.085, subdivision 3; 97B.301, subdivision 7; 97B.311;
97B.318, subdivision 1; 97B.327; 97B.715, subdivision 1; 97B.801; 97B.928,
subdivision 1; 97C.081, subdivision 3; 97C.325; 97C.335; 97C.355, subdivision
8; 97C.371, by adding a subdivision; 97C.835, subdivisions 1, 2, 3, 8;
proposing coding for new law in Minnesota Statutes, chapters 97B; 97C;
repealing Minnesota Statutes 2006, sections 97A.475, subdivision 38; 97C.301,
subdivision 3; 97C.365.
Reported
the same back with the following amendments:
Page
2, line 10, after the period, insert "The fees must be set in an amount
that neither significantly overrecovers nor underrecovers costs."
Page
18, after line 15, insert:
"Sec.
50. RULE AMENDMENTS.
The
commissioner of natural resources shall amend Minnesota Rules, parts 6262.0100,
subpart 5, item D, and 6266.0700, subpart 3, to allow an angler in an icehouse
to possess fillets of a fish with size restrictions if the angler is preparing
and using the fish for a meal. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to adopt rules according to this section and Minnesota Statutes, section 14.386,
does not apply except as provided under Minnesota Statutes, section 14.388.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Renumber
the sections in sequence and correct the internal references
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.
1169, A bill for an act relating to human services; changing child welfare,
placement, and licensing provisions; amending Minnesota Statutes 2006, sections
245A.035; 245A.16, subdivisions 1, 3; 245C.02, by adding a subdivision;
245C.04, subdivision 1; 245C.05, subdivisions 1, 4, 5, 7, by adding a
subdivision; 245C.08, subdivisions 1, 2; 245C.10, by adding a subdivision;
245C.11, subdivisions 1, 2; 245C.12; 245C.16, subdivision 1; 245C.17, by adding
a subdivision; 245C.21, by adding a subdivision; 245C.23, subdivision 2;
256.01, subdivision 2; 259.20, subdivision 2; 259.24, subdivision 3; 259.29,
subdivision 1; 259.41; 259.53, subdivisions 1, 2; 259.57, subdivisions 1, 2;
259.67, subdivision 7; 259.75, subdivision 8; 260.012; 260.755, subdivisions
12, 20; 260.761, subdivision 7; 260.765, subdivision 5; 260.771, subdivisions
1, 2; 260C.152, subdivision 5; 260C.163, subdivision 1; 260C.201, subdivision
11; 260C.209; 260C.212, subdivisions 1, 2, 4; 260C.317, subdivision 3;
260C.331, subdivision 1; 626.556, subdivisions 10, 10a, 10f, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapters
245C; 260; repealing Laws 1997, chapter 8, section 1; Minnesota Rules, part
9560.0102, subpart 2, item C.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1911
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1172, A bill for an act relating to state debt collection; changing certain
time limits, collection costs, and referrals relating to debt collection duties
of commissioner of revenue; amending Minnesota Statutes 2006, sections 16D.04,
subdivisions 1, 2; 16D.11, subdivisions 2, 7; 270C.56, subdivision 1; 270C.63,
subdivision 9.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Taxes.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1190, A bill for an act relating to occupations; establishing the Plumbing
Board; proposing coding for new law in Minnesota Statutes, chapter 326.
Reported
the same back with the following amendments:
Page
1, after line 4, insert:
"Section
1. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
Subdivision
1. Rules. The state commissioner
of health Plumbing Board may, by rule, prescribe minimum standards
which shall be uniform, and which standards shall thereafter be effective for
all new plumbing installations, including additions, extensions, alterations,
and replacements connected with any water or sewage disposal system owned or
operated by or for any municipality, institution, factory, office building,
hotel, apartment building, or any other place of business regardless of
location or the population of the city or town in which located. Notwithstanding
the provisions of Minnesota Rules, part 4715.3130, as they apply to review of
plans and specifications, the commissioner may allow plumbing construction,
alteration, or extension to proceed without approval of the plans or
specifications by the commissioner.
Except
for powers granted to the Plumbing Board, the commissioner of labor and industry
shall administer the provisions of sections 326.37 to 326.45 and for such
purposes may employ plumbing inspectors and other assistants."
Page
2, after line 9, insert:
"(c)
Compensation and removal of board members is governed by section 15.0575.
(d)
The commissioner of labor and industry shall provide office space,
administrative support, and staff assistance as requested by the board."
Page
2, line 17, delete "alteration, and inspection" and insert
"and alteration"
Page
2, line 20, delete "and"
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1912
Page
2, before line 21, insert:
"(6)
the board may forward educational recommendations for inspectors to the
commissioner; and"
Page
2, line 21, delete "(6)" and insert "(7)"
Page
2, line 22, delete everything after "supplies"
Page
2, line 23, delete "subdivision 2"
Page
2, after line 35, insert:
"Sec.
3. Minnesota Statutes 2006, section 326.38, is amended to read:
326.38 LOCAL REGULATIONS.
Any
city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the
metropolitan airports commission, may, by ordinance, adopt local regulations
providing for plumbing permits, bonds, approval of plans, and inspections of
plumbing, which regulations are not in conflict with the plumbing standards on
the same subject prescribed by the state commissioner of health
Plumbing Board. No city or such town shall prohibit plumbers licensed by
the state commissioner of health from engaging in or working at the business,
except cities and statutory cities which, prior to April 21, 1933, by ordinance
required the licensing of plumbers. Any city by ordinance may prescribe
regulations, reasonable standards, and inspections and grant permits to any
person, firm, or corporation engaged in the business of installing water
softeners, who is not licensed as a master plumber or journeyman plumber by the
state commissioner of health labor and industry, to connect water
softening and water filtering equipment to private residence water distribution
systems, where provision has been previously made therefor and openings left
for that purpose or by use of cold water connections to a domestic water
heater; where it is not necessary to rearrange, make any extension or
alteration of, or addition to any pipe, fixture or plumbing connected with the
water system except to connect the water softener, and provided the connections
so made comply with minimum standards prescribed by the state commissioner
of health Plumbing Board.
Sec.
4. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
Subdivision
1. License required; master and
journeyman plumbers. In any city now or hereafter having 5,000 or more
population, according to the last federal census, and having a system of
waterworks or sewerage, no person, firm, or corporation shall engage in or work
at the business of a master plumber or journeyman plumber unless licensed to do
so by the state commissioner of health labor and industry. A
master plumber may also work as a journeyman plumber. Anyone not so licensed
may do plumbing work which complies with the provisions of the minimum standard
prescribed by the state commissioner of health Plumbing Board on
premises or that part of premises owned and actually occupied by the worker as
a residence, unless otherwise forbidden to do so by a local ordinance.
In any
such city no person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and
selling of plumbing material and supplies unless at all times a licensed master
plumber, who shall be responsible for proper installation, is in charge of the
plumbing work of the person, firm, or corporation.
The Department
of Health Plumbing Board shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1913
Sec.
5. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
Subd.
2. Journeyman exam. A plumber's
apprentice who has completed four years of practical plumbing experience is
eligible to take the journeyman plumbing examination. Up to 24 months of
practical plumbing experience prior to registration as an apprentice may be
applied to the four-year experience requirement. However, none of this
practical plumbing experience may be applied if the person did not have any
practical plumbing experience in the 12-month period immediately prior to
registration. The commissioner Plumbing Board may adopt rules to
evaluate whether the person's past practical plumbing experience is applicable
in preparing for the journeyman's examination. If two years after completing
the training the person has not taken the examination, the four years of
experience shall be forfeited.
The
commissioner may allow an extension of the two-year period for taking the exam
for cases of hardship or other appropriate circumstances.
Sec.
6. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
Subdivision
1. Application. Applications for
plumber's license shall be made to the state commissioner of health
labor and industry, with fee. Unless the applicant is entitled to a
renewal, the applicant shall be licensed by the state commissioner of health
labor and industry only after passing a satisfactory examination
administered by the examiners commissioner of labor and industry,
based upon rules adopted by the Plumbing Board showing fitness. Examination
fees for both journeyman and master plumbers shall be in an amount prescribed
by the state commissioner of health labor and industry pursuant
to section 144.122. Upon being notified that of having successfully passed the
examination for original license the applicant shall submit an application,
with the license fee herein provided. License fees shall be in an amount
prescribed by the state commissioner of health labor and industry
pursuant to section 144.122. Licenses shall expire and be renewed as prescribed
by the commissioner pursuant to section 144.122.
Sec.
7. TRANSFER OF AUTHORITY.
The
authority of the commissioners of health and labor and industry to adopt rules
relating to plumbers is transferred to the Plumbing Board. Licenses and permits
currently in effect remain in effect according to their terms unless affected
by board action. Rules adopted by the commissioner of health or labor and
industry remain in effect until amended or repealed by the board.
Sec.
8. REPEALER.
Minnesota
Statutes 2006, section 326.41, is repealed."
Renumber
the sections in sequence
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1914
Eken from
the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 1235, A bill for an act relating to natural resources; establishing a zebra
mussel control pilot program; appropriating money; amending Minnesota Statutes
2006, section 84D.02, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision
to read:
Subd.
2a. Zebra mussel pilot program. (a)
The commissioner shall establish a pilot program to curb the spread of zebra
mussels. The commissioner shall establish the program on Lake Minnetonka in
Hennepin and Carver Counties. The program shall include elements of public
education, inspections, and enforcement to prevent the spread of zebra mussels
and other aquatic invasive species. The commissioner shall provide technical
assistance to and coordinate enforcement efforts with local government entities
and private organizations to implement the program.
(b)
The commissioner shall provide grants to local government entities and private
organizations to implement the program. Grants awarded under this subdivision
must be matched with nonstate funding. Grant recipients must report to the
commissioner annually regarding the use of the grant money and the results
obtained therefrom. The Department of Natural Resources may use a portion of
the funds appropriated under section 2 for administration of the program.
Sec.
2. APPROPRIATION; ZEBRA MUSSEL PILOT
PROGRAM.
$.......
in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the
general fund to the commissioner of natural resources for the zebra mussel
pilot program under section 1. This appropriation becomes part of the agency
base funding."
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. 1236, A bill for an act relating to natural resources; establishing a zebra
mussel control pilot program; appropriating money; amending Minnesota Statutes
2006, section 84D.02, by adding a subdivision.
Reported
the same back with the following amendments:
Page
1, line 12, before the period, insert "to prevent the spread of zebra
mussels and other aquatic invasive species"
Page
1, line 18, after the period, insert "The Department of Natural
Resources may use a portion of the funds appropriated under section 2 for
administration of the program."
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1915
Page
1, line 21, delete the first "natural resources" and insert
"general"
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. 1273, A bill for an act relating to crimes; providing testimonial
confidentiality for certain sexual assault counselors; eliminating the
"mistake of age" defense for certain criminal sexual assault
offenders; enhancing penalties for certain nonconsensual sexual contact
offenses committed by professionals engaged in massage or bodywork; amending
Minnesota Statutes 2006, sections 595.02, subdivision 1; 609.341, subdivision
11; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3.
Reported
the same back with the following amendments:
Page
4, line 28, delete "(n)" and insert "(o)"
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. 1280, A bill for an act relating to the environment; establishing a grant
program for idling reduction technology purchases; authorizing rulemaking;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 116.
Page
1, line 22, delete "; rulemaking"
Page
2, after line 10, insert:
"(e)
No more than 20 percent of grant funds awarded each fiscal year under this
section may be awarded to a single applicant.
(f)
Twenty-five percent of grant funds awarded each fiscal year under this section
is reserved for applicants owning 20 or fewer trucks."
Page
2, delete line 11
Amend
the title as follows:
Page
1, line 3, delete "authorizing rulemaking;"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1916
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1294, A bill for an act relating to state government; eliminating the
Minnesota Council on Disability sunset; amending Minnesota Statutes 2006,
section 256.482, subdivisions 1, 8.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 1317, A bill for an act relating to education finance; measuring and reporting
elementary and secondary class sizes; requiring an annual report; amending
Minnesota Statutes 2006, section 120B.36, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 126C.
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. 1336, A bill for an act relating to occupations; establishing the Board of
High Pressure Piping Systems; requiring the board to establish fees; amending
Minnesota Statutes 2006, section 326.47, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 326.
Reported
the same back with the following amendments:
Page
1, after line 6, insert:
"Section
1. Minnesota Statutes 2006, section 326.46, is amended to read:
326.46 SUPERVISION OF HIGH PRESSURE PIPING.
The
Department of Labor and Industry shall supervise all high pressure piping used
on all projects in this state, and may prescribe minimum standards which
shall be uniform under rules adopted by the board.
The
department shall employ inspectors and other assistants to carry out the
provisions of sections 326.46 to 326.52.
Sec.
2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:
Subd.
1a. Board. "Board"
means the Board of High Pressure Piping Systems.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1917
Sec. 3.
Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
Subd.
2. Permissive municipal regulation.
A municipality may, by ordinance, provide for the inspection of high pressure
piping system materials and construction, and provide that it shall not be
constructed or installed except in accordance with minimum state standards. The
authority designated by the ordinance for issuing high pressure piping permits
and assuring compliance with state standards must report to the Department of Labor
and Industry all violations of state high pressure piping standards.
A
municipality may not adopt an ordinance with high pressure piping standards
that does not conform to the uniform standards prescribed by the Department
of Labor and Industry board. The Department of Labor and Industry
board shall specify by rule the minimum qualifications for municipal
inspectors."
Page
2, after line 15, insert:
"(c)
Compensation and removal of board members is governed by section 15.0575.
(d)
The commissioner of labor and industry shall provide office space,
administrative support, and staff assistance as requested by the board."
Page
2, line 27, delete everything after "supplies"
Page
2, line 28, delete "subdivision 2"
Page 3,
after line 5, insert:
"Sec.
6. Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
Subdivision
1. License required; rules; time credit.
No person shall engage in or work at the business of a contracting pipefitter
unless issued an individual contracting pipefitter license to do so by the
Department of Labor and Industry under rules prescribed by the board. No
license shall be required for repairs on existing installations. No person
shall engage in or work at the business of journeyman pipefitter unless issued
an individual journeyman pipefitter competency license to do so by the
Department of Labor and Industry under rules prescribed by the board. A
person possessing an individual contracting pipefitter competency license may
also work as a journeyman pipefitter.
No
person, partnership, firm, or corporation shall install high pressure piping,
nor install high pressure piping in connection with the dealing in and selling
of high pressure pipe material and supplies, unless, at all times, a person
possessing a contracting pipefitter individual competency license or a
journeyman pipefitter individual competency license is responsible for the high
pressure pipefitting work conducted by the person, partnership, firm, or
corporation being in conformity with Minnesota Statutes and Minnesota Rules.
The Department
of Labor and Industry board shall prescribe rules, not inconsistent
herewith, for the examination and individual competency licensing of
contracting pipefitters and journeyman pipefitters and for issuance of permits
by the department and municipalities for the installation of high pressure
piping.
An
employee performing the duties of inspector for the Department of Labor and
Industry in regulating pipefitting shall not receive time credit for the
inspection duties when making an application for a license required by this
section.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1918
Sec.
7. Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
Subd.
2. High pressure pipefitting business
license. Before obtaining a permit for high pressure piping work, a person,
partnership, firm, or corporation must obtain or utilize a business with a high
pressure piping business license.
A
person, partnership, firm, or corporation must have at all times as a full-time
employee at least one individual holding an individual contracting pipefitter
competency license. Only full-time employees who hold individual contracting
pipefitter licenses are authorized to obtain high pressure piping permits in
the name of the business. The individual contracting pipefitter competency
license holder can be the employee of only one high pressure piping business at
a time.
To
retain its business license without reapplication, a person, partnership, firm,
or corporation holding a high pressure piping business license that ceases to
employ a person holding an individual contracting pipefitter competency license
shall have 60 days from the last day of employment of its previous individual
contracting pipefitter competency license holder to employ another license
holder. The Department of Labor and Industry must be notified no later than
five days after the last day of employment of the previous license holder.
No
high pressure pipefitting work may be performed during any period when the high
pressure pipefitting business does not have an individual contracting
pipefitter competency license holder on staff. If a license holder is not
employed within 60 days, the pipefitting business license shall lapse.
The Department
of Labor and Industry board shall prescribe by rule procedures for
application for and issuance of business licenses and fees.
Sec.
8. Minnesota Statutes 2006, section 326.50, is amended to read:
326.50 APPLICATION; FEES.
Application
for an individual contracting pipefitter competency or an individual journeyman
pipefitter competency license shall be made to the Department of Labor and
Industry, with fees. The applicant shall be licensed only after passing an
examination administered by the Department of Labor and Industry in
accordance with rules adopted by the board.
Sec.
9. Minnesota Statutes 2006, section 326.51, is amended to read:
326.51 DEPARTMENT MAY REVOKE LICENSES.
The department
board may revoke or suspend, for cause, any license obtained through error
or fraud, or if the licensee is shown to be incompetent, or for a violation of
any of its rules and regulations applicable to high pressure pipefitting work.
The licensee shall have notice, in writing, enumerating the charges, and be
entitled to a hearing on at least ten days' notice, with the right to produce
testimony. The hearing shall be held pursuant to chapter 14. The commissioner
board shall issue a final order based on testimony and the record at
hearing. One year from the date of revocation application may be made for a new
license.
Sec.
10. Minnesota Statutes 2006, section 326.52, is amended to read:
326.52 DEPOSIT OF FEES.
All fees received under
sections 326.46 to 326.52 shall be deposited by the Department of Labor and
Industry to the credit of the general fund in the state treasury. The salaries
and per diem of the inspectors and examiners hereinbefore provided, their
expenses, and all incidental expenses of the department and board in
carrying out the
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1919
provisions of sections
326.46 to 326.52 shall be paid from the appropriations made to the Department
of Labor and Industry. The commissioner board by rule shall set
the amount of the fees at a level that approximates, to the greatest extent
possible, the salaries, per diem, and incidental expenses of the department.
Sec. 11. TRANSFER OF AUTHORITY.
The authority of the
commissioner of labor and industry to adopt rules relating to high pressure
piping systems is transferred to the Board of High Pressure Piping Systems.
Licenses and permits currently in effect remain in effect according to their
terms unless affected by board action. Rules adopted by the commissioner of
labor and industry remain in effect until amended or repealed by the board."
Renumber the sections in
sequence
Amend the title as follows:
Page 1, line 3, after the
semicolon, insert "transferring authority to adopt rules to the
board;"
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. 1400, A bill for
an act relating to adoption; providing assistance to genetic siblings; amending
Minnesota Statutes 2006, section 259.83, by adding a subdivision.
Reported the same back with
the following amendments:
Page 1, line 7, after "old"
insert "and adopted, or"
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. 1416, A bill for
an act relating to natural resources; creating a citizens advisory group for
the Cuyuna Country State Recreation Area; modifying state park permit
exemptions; appropriating money; amending Minnesota Statutes 2006, section
85.054, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 85.
Reported the same back with
the recommendation that the bill pass and be re-referred to the Committee on
Finance.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1920
Eken
from the Committee on Environment and Natural Resources to which was referred:
H. F.
No. 1417, A bill for an act relating to natural resources; requiring a pilot
project to control Eurasian water milfoil.
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.
1421, A bill for an act relating to natural resources; establishing
requirements for acquisition of easements; requiring a report; amending
Minnesota Statutes 2006, section 84.0272, by adding a subdivision.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 1442, A bill for an act relating to health; requiring hospital emergency
rooms to provide emergency contraception, prophylactic antibiotics, and
information to sexual assault victims; proposing coding for new law in
Minnesota Statutes, chapter 145.
Reported
the same back with the following amendments:
Page
1, line 17, delete "requirement" and insert "regiment"
Page
2, delete section 3 and insert:
"Sec.
3. [145.4712] EMERGENCY CARE TO
SEXUAL ASSAULT VICTIMS.
Subdivision
1. Emergency care to female sexual assault
victims. (a) It shall be the standard of care for all hospitals that
provide emergency care to, at a minimum:
(1)
provide each female sexual assault victim with medically and factually accurate
and unbiased written and oral information about emergency contraception from
the American College of Obstetricians and Gynecologists and distributed to all
hospitals by the Department of Health;
(2)
orally inform each female sexual assault victim of the option of being provided
with emergency contraception at the hospital; and
(3)
immediately provide emergency contraception to each sexual assault victim who
requests it provided it is not medically contraindicated and is ordered by a
legal prescriber. Emergency contraception shall be administered in accordance
with current medical protocols regarding timing and dosage necessary to
complete the treatment.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1921
(b)
A hospital may administer a pregnancy test. If the pregnancy test is positive,
the hospital does not have to comply with provisions in paragraph (a).
Subd.
2. Emergency care to male and female sexual
assault victims. It shall be the standard of care for all hospitals
that provide emergency care to, at a minimum:
(1)
provide each sexual assault victim with factually accurate and unbiased written
and oral medical information about prophylactic antibiotics for treatment of
sexually transmitted diseases;
(2)
orally inform each sexual assault victim of the option of being provided
prophylactic antibiotics for treatment of sexually transmitted diseases at the
hospital; and
(3)
immediately provide prophylactic antibiotics for treatment of sexually
transmitted diseases to each sexual assault victim who requests it provided it
is not medically contraindicated and is ordered by a legal prescriber."
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.
1483, A bill for an act relating to natural resources; providing for the
protection and restoration of water quality in lakes and bodies of water of
regional significance; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 383B.
Reported
the same back with the following amendments:
Page
2, after line 23, insert:
"(c)
If the powers delegated by this section constitute the exclusive source of
authority for any activity undertaken by the Three Rivers Park District, the
district's action may only be undertaken pursuant to a joint powers agreement
with another entity having water management authority relating to the lake or
other water resource involved."
With
the recommendation that when so amended the bill be re-referred to the
Committee on Finance without further recommendation.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 1493, A bill for an act relating to state government; providing rulemaking
authority for surplus property; amending Minnesota Statutes 2006, section
16C.03, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1922
Pelowski from the Committee
on Governmental Operations, Reform, Technology and Elections to which was
referred:
H. F. No. 1494, A bill for
an act relating to elections; campaign finance; providing contribution limits
for certain candidates; amending Minnesota Statutes 2006, section 10A.27,
subdivision 1.
Reported the same back with
the following amendments:
Page 1, line 19, after the
semicolon, insert "and"
Page 1, delete lines 20 and
21
Page 1, line 22, delete
"(7)" and insert "(6)" and delete "supreme
court justice or court of appeals judge" and insert "judicial
office"
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. 1515, A bill for
an act relating to commerce; regulating the business of credit counseling and
debt management services; providing remedies and criminal penalties;
appropriating money; amending Minnesota Statutes 2006, section 325E.311,
subdivision 6; proposing coding for new law as Minnesota Statutes, chapter
332A; repealing Minnesota Statutes 2006, sections 332.12; 332.13; 332.14;
332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21; 332.22; 332.23; 332.24;
332.25; 332.26; 332.27; 332.28; 332.29.
Reported the same back with
the following amendments:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota
Statutes 2006, section 45.011, subdivision 1, is amended to read:
Subdivision 1. Scope. As used in chapters 45 to 83,
155A, 332, 332A, 345, and 359, and sections 325D.30 to 325D.42, 326.83
to 326.991, and 386.61 to 386.78, unless the context indicates otherwise, the
terms defined in this section have the meanings given them.
Sec. 2. Minnesota Statutes
2006, section 46.04, subdivision 1, is amended to read:
Subdivision
1. General. The commissioner of
commerce, referred to in chapters 46 to 59A, and sections 332.12 to 332.29
chapter 332A, as the commissioner, is vested with all the powers,
authority, and privileges which, prior to the enactment of Laws 1909, chapter
201, were conferred by law upon the public examiner, and shall take over all
duties in relation to state banks, savings banks, trust companies, savings
associations, and other financial institutions within the state which, prior to
the enactment of chapter 201, were imposed upon the public examiner. The
commissioner of commerce shall exercise a constant supervision, either
personally or through the examiners herein provided for, over the books and
affairs of all state banks, savings banks, trust companies, savings
associations, credit unions, industrial loan and thrift companies, and other
financial institutions doing business within this state; and shall, through
examiners, examine each financial institution at least once every 24 calendar
months. In satisfying this examination requirement, the commissioner may accept
reports of examination prepared by a federal
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1923
agency having comparable
supervisory powers and examination procedures. With the exception of industrial
loan and thrift companies which do not have deposit liabilities and licensed
regulated lenders, it shall be the principal purpose of these examinations to
inspect and verify the assets and liabilities of each and so far investigate
the character and value of the assets of each institution as to determine with
reasonable certainty that the values are correctly carried on its books. Assets
and liabilities shall be verified in accordance with methods of procedure which
the commissioner may determine to be adequate to carry out the intentions of
this section. It shall be the further purpose of these examinations to assess
the adequacy of capital protection and the capacity of the institution to meet
usual and reasonably anticipated deposit withdrawals and other cash commitments
without resorting to excessive borrowing or sale of assets at a significant
loss, and to investigate each institution's compliance with applicable laws and
rules. Based on the examination findings, the commissioner shall make a
determination as to whether the institution is being operated in a safe and
sound manner. None of the above provisions limits the commissioner in making
additional examinations as deemed necessary or advisable. The commissioner
shall investigate the methods of operation and conduct of these institutions
and their systems of accounting, to ascertain whether these methods and systems
are in accordance with law and sound banking principles. The commissioner may
make requirements as to records as deemed necessary to facilitate the carrying
out of the commissioner's duties and to properly protect the public interest.
The commissioner may examine, or cause to be examined by these examiners, on
oath, any officer, director, trustee, owner, agent, clerk, customer, or
depositor of any financial institution touching the affairs and business
thereof, and may issue, or cause to be issued by the examiners, subpoenas, and
administer, or cause to be administered by the examiners, oaths. In case of any
refusal to obey any subpoena issued under the commissioner's direction, the
refusal may at once be reported to the district court of the district in which
the bank or other financial institution is located, and this court shall
enforce obedience to these subpoenas in the manner provided by law for
enforcing obedience to subpoenas of the court. In all matters relating to
official duties, the commissioner of commerce has the power possessed by courts
of law to issue subpoenas and cause them to be served and enforced, and all
officers, directors, trustees, and employees of state banks, savings banks,
trust companies, savings associations, and other financial institutions within
the state, and all persons having dealings with or knowledge of the affairs or
methods of these institutions, shall afford reasonable facilities for these
examinations, make returns and reports to the commissioner of commerce as the
commissioner may require; attend and answer, under oath, the commissioner's
lawful inquiries; produce and exhibit any books, accounts, documents, and
property as the commissioner may desire to inspect, and in all things aid the
commissioner in the performance of duties.
Sec.
3. Minnesota Statutes 2006, section 46.05, is amended to read:
46.05 SUPERVISION OVER FINANCIAL
INSTITUTIONS.
Every
state bank, savings bank, trust company, savings association, debt
management services provider, and other financial institutions shall be at
all times under the supervision and subject to the control of the commissioner
of commerce. If, and whenever in the performance of duties, the commissioner
finds it necessary to make a special investigation of any financial institution
under the commissioner's supervision, and other than a complete examination,
the commissioner shall make a charge therefor to include only the necessary
costs thereof. Such a fee shall be payable to the commissioner on the
commissioner's making a request for payment.
Sec.
4. Minnesota Statutes 2006, section 46.131, subdivision 2, is amended to read:
Subd.
2. Assessment authority. Each bank,
trust company, savings bank, savings association, regulated lender, industrial
loan and thrift company, credit union, motor vehicle sales finance company,
debt prorating agency management services provider and insurance
premium finance company organized under the laws of this state or required to
be administered by the commissioner of commerce shall pay into the state
treasury its proportionate share of the cost of maintaining the Department of
Commerce.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1924
Sec. 5. Minnesota Statutes
2006, section 325E.311, subdivision 6, is amended to read:
Subd. 6. Telephone solicitation. "Telephone
solicitation" means any voice communication over a telephone line for the
purpose of encouraging the purchase or rental of, or investment in, property,
goods, or services, whether the communication is made by a live operator,
through the use of an automatic dialing-announcing device as defined in section
325E.26, subdivision 2, or by other means. Telephone solicitation does not
include communications:
(1) to any residential
subscriber with that subscriber's prior express invitation or permission; or
(2) by or on behalf of any
person or entity with whom a residential subscriber has a prior or current
business or personal relationship.
Telephone solicitation also
does not include communications if the caller is identified by a caller
identification service and the call is:
(i) by or on behalf of an
organization that is identified as a nonprofit organization under state or
federal law, unless the organization is a debt management services provider
defined in section 332A.02;
(ii) by a person soliciting
without the intent to complete, and who does not in fact complete, the sales
presentation during the call, but who will complete the sales presentation at a
later face-to-face meeting between the solicitor who makes the call and the
prospective purchaser; or
(iii) by a political party
as defined under section 200.02, subdivision 6.
Sec. 6. Minnesota Statutes
2006, section 325N.01, is amended to read:
325N.01 DEFINITIONS.
The definitions in
paragraphs (a) to (h) apply to sections 325N.01 to 325N.09.
(a) "Foreclosure
consultant" means any person who, directly or indirectly, makes any
solicitation, representation, or offer to any owner to perform for compensation
or who, for compensation, performs any service which the person in any manner
represents will in any manner do any of the following:
(1) stop or postpone the
foreclosure sale;
(2) obtain any forbearance
from any beneficiary or mortgagee;
(3) assist the owner to
exercise the right of reinstatement provided in section 580.30;
(4) obtain any extension of
the period within which the owner may reinstate the owner's obligation;
(5) obtain any waiver of an
acceleration clause contained in any promissory note or contract secured by a
mortgage on a residence in foreclosure or contained in the mortgage;
(6) assist the owner in
foreclosure or loan default to obtain a loan or advance of funds;
(7) avoid or ameliorate the
impairment of the owner's credit resulting from the recording of a notice of
default or the conduct of a foreclosure sale; or
(8) save the owner's
residence from foreclosure.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1925
(b) A foreclosure consultant
does not include any of the following:
(1) a person licensed to
practice law in this state when the person renders service in the course of his
or her practice as an attorney-at-law;
(2) a person licensed as a
debt prorater under sections 332.12 to 332.29 management services
provider under chapter 332A, when the person is acting as a debt prorater
management services provider as defined in these sections that
chapter;
(3) a person licensed as a
real estate broker or salesperson under chapter 82 when the person engages in
acts whose performance requires licensure under that chapter unless the person
is engaged in offering services designed to, or purportedly designed to, enable
the owner to retain possession of the residence in foreclosure;
(4) a person licensed as an
accountant under chapter 326A when the person is acting in any capacity for
which the person is licensed under those provisions;
(5) a person or the person's
authorized agent acting under the express authority or written approval of the
Department of Housing and Urban Development or other department or agency of
the United States or this state to provide services;
(6) a person who holds or is
owed an obligation secured by a lien on any residence in foreclosure when the
person performs services in connection with this obligation or lien if the
obligation or lien did not arise as the result of or as part of a proposed
foreclosure reconveyance;
(7) any person or entity
doing business under any law of this state, or of the United States relating to
banks, trust companies, savings and loan associations, industrial loan and
thrift companies, regulated lenders, credit unions, insurance companies, or a
mortgagee which is a United States Department of Housing and Urban Development
approved mortgagee and any subsidiary or affiliate of these persons or
entities, and any agent or employee of these persons or entities while engaged
in the business of these persons or entities;
(8) a person licensed as a
residential mortgage originator or servicer pursuant to chapter 58, when acting
under the authority of that license or a foreclosure purchaser as defined in
section 325N.10;
(9) a nonprofit agency or
organization that offers counseling or advice to an owner of a home in
foreclosure or loan default if they do not contract for services with
for-profit lenders or foreclosure purchasers; and
(10) a judgment creditor of
the owner, to the extent that the judgment creditor's claim accrued prior to
the personal service of the foreclosure notice required by section 580.03, but
excluding a person who purchased the claim after such personal service.
(c) "Foreclosure
reconveyance" means a transaction involving:
(1) the transfer of title to
real property by a foreclosed homeowner during a foreclosure proceeding, either
by transfer of interest from the foreclosed homeowner or by creation of a
mortgage or other lien or encumbrance during the foreclosure process that
allows the acquirer to obtain title to the property by redeeming the property
as a junior lienholder; and
(2) the subsequent
conveyance, or promise of a subsequent conveyance, of an interest back to the
foreclosed homeowner by the acquirer or a person acting in participation with
the acquirer that allows the foreclosed homeowner to possess the real property following
the completion of the foreclosure proceeding, which interest includes, but is
not limited to, an interest in a contract for deed, purchase agreement, option
to purchase, or lease.
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1926
(d) "Person" means
any individual, partnership, corporation, limited liability company,
association, or other group, however organized.
(e) "Service"
means and includes, but is not limited to, any of the following:
(1) debt, budget, or
financial counseling of any type;
(2) receiving money for the
purpose of distributing it to creditors in payment or partial payment of any
obligation secured by a lien on a residence in foreclosure;
(3) contacting creditors on
behalf of an owner of a residence in foreclosure;
(4) arranging or attempting
to arrange for an extension of the period within which the owner of a residence
in foreclosure may cure the owner's default and reinstate his or her obligation
pursuant to section 580.30;
(5) arranging or attempting
to arrange for any delay or postponement of the time of sale of the residence
in foreclosure;
(6) advising the filing of
any document or assisting in any manner in the preparation of any document for
filing with any bankruptcy court; or
(7) giving any advice,
explanation, or instruction to an owner of a residence in foreclosure, which in
any manner relates to the cure of a default in or the reinstatement of an
obligation secured by a lien on the residence in foreclosure, the full
satisfaction of that obligation, or the postponement or avoidance of a sale of
a residence in foreclosure, pursuant to a power of sale contained in any
mortgage.
(f) "Residence in
foreclosure" means residential real property consisting of one to four
family dwelling units, one of which the owner occupies as his or her principal
place of residence, and against which there is an outstanding notice of
pendency of foreclosure, recorded pursuant to section 580.032, or against which
a summons and complaint has been served under chapter 581.
(g) "Owner" means
the record owner of the residential real property in foreclosure at the time
the notice of pendency was recorded, or the summons and complaint served.
(h) "Contract"
means any agreement, or any term in any agreement, between a foreclosure
consultant and an owner for the rendition of any service as defined in
paragraph (e).
Sec. 7. [332A.02] DEFINITIONS.
Subdivision 1. Scope. Unless a different meaning is clearly indicated by
the context, for the purposes of this chapter the terms defined in this section
have the meanings given them.
Subd. 2. Accreditation. "Accreditation" means
certification as an accredited credit counseling provider by the International
Standards Organization or the Council on Accreditation.
Subd. 3. Attorney general. "Attorney general" means the
attorney general of the state of Minnesota.
Subd. 4. Commissioner. "Commissioner" means commissioner
of commerce.
Subd. 5. Controlling or affiliated party. "Controlling or
affiliated party" means any person directly or indirectly controlling,
controlled by, or under common control with another person.
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Subd. 6. Debt management services agreement. "Debt management
services agreement" means the written contract between the debt management
services provider and the debtor.
Subd. 7. Debt management services plan. "Debt management
services plan" means the debtor's individualized package of debt
management services set forth in the debt management services agreement.
Subd. 8. Debt management services provider. "Debt management
services provider" means any person offering or providing debt management
services to a debtor domiciled in this state, regardless of whether or not a
fee is charged for the services and regardless of whether the person maintains
a physical presence in the state. This term does not include services performed
by the following when engaged in the regular course of their respective
businesses and professions:
(1) attorneys at law, escrow
agents, accountants, broker-dealers in securities;
(2) state or national banks,
trust companies, savings associations, title insurance companies, insurance
companies, and all other lending institutions duly authorized to transact
business in Minnesota, provided no fee is charged for the service;
(3) persons who, as
employees on a regular salary or wage of an employer not engaged in the
business of debt management, perform credit services for their employer;
(4) public officers acting
in their official capacities and persons acting as a debt management services
provider pursuant to court order;
(5) any person while
performing services incidental to the dissolution, winding up, or liquidation
of a partnership, corporation, or other business enterprise;
(6) the state, its political
subdivisions, public agencies, and their employees;
(7) credit unions and
collection agencies, provided no fee is charged for the service;
(8) "qualified
organizations" designated as representative payees for purposes of the
Social Security and Supplemental Security Income Representative Payee System
and the federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508;
and
(9) accelerated mortgage
payment providers. "Accelerated mortgage payment providers" are
persons who, after satisfying the requirements of sections 332.30 to 332.303,
receive funds to make mortgage payments to a lender or lenders, on behalf of
mortgagors, in order to exceed regularly scheduled minimum payment obligations
under the terms of the indebtedness. The term does not include: (i) persons or
entities described in clauses (1) to (8); (ii) mortgage lenders or servicers,
industrial loan and thrift companies, or regulated lenders under chapter 56; or
(iii) persons authorized to make loans under section 47.20, subdivision 1. For
purposes of this clause and sections 332.30 to 332.303, "lender" means
the original lender or that lender's assignee, whichever is the current
mortgage holder.
Subd. 9. Debt management services. "Debt management
services" means the provision of any one or more of the following:
(1) managing the financial
affairs of an individual by distributing income or money to the individual's
creditors;
(2) receiving funds for the
purpose of distributing the funds among creditors in payment or partial payment
of obligations of a debtor; or
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(3) settling, adjusting,
prorating, pooling, or liquidating the indebtedness of a debtor. Any person so
engaged or holding out as so engaged is deemed to be engaged in the provision
of debt management services regardless of whether or not a fee is charged for
such services.
Subd. 10. Debtor. "Debtor" means the person for whom the
debt prorating service is performed.
Subd. 11. Person. "Person" means any individual, firm,
partnership, association, or corporation.
Subd. 12. Registrant. "Registrant" means any person
registered by the commissioner pursuant to this chapter and, where used in
conjunction with an act or omission required or prohibited by this chapter,
shall mean any person performing debt management services.
Sec. 8. [332A.03] REQUIREMENT OF REGISTRATION.
On or after August 1, 2007,
it is unlawful for any person, whether or not located in this state, to operate
as a debt management service provider or provide debt management services,
including but not limited to offering, advertising, or executing or causing to
be executed any debt management services or debt management services agreement,
except as authorized by law without first becoming registered as provided in
this chapter. A person who possesses a valid license as a debt prorater that
was issued by the commissioner before August 1, 2007, is deemed to be
registered as a debt management services provider until the date the debt
prorater license expires, at which time the licensee must obtain a renewal as a
debt management service provider in compliance with this chapter. Debt
proraters who were not required to be licensed as debt proraters before August
1, 2007, may continue to provide debt management services without complying
with this chapter to those debtors who entered into a contract to participate
in a debt management plan before August 1, 2007, except that the debt prorater
must comply with section 332A.13, subdivision 2.
Sec. 9. [332A.04] REGISTRATION.
Subdivision 1. Form. Application for registration to operate as a debt
management services provider in this state must be made in writing to the
commissioner, under oath, in the form prescribed by the commissioner, and must
contain:
(1) the full name of each
principal of the entity applying;
(2) the address, which must
not be a post office box, and the telephone number and, if applicable, e-mail
address, of the applicant;
(3) identification of the
trust account required under section 332A.13;
(4) consent to the
jurisdiction of the courts of this state;
(5) the name and address of
the registered agent authorized to accept service of process on behalf of the
applicant or appointment of the commissioner as the applicant's agent for
purposes of accepting service of process;
(6) disclosure of:
(i) whether any controlling
or affiliated party has ever been convicted of a crime or found civilly liable
for an offense involving moral turpitude, including forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to
defraud, or any other similar offense or violation, or any violation of a
federal or state law or regulation in connection with activities relating to
the rendition of debt management services or involving any consumer fraud,
false advertising, deceptive trade practices, or similar consumer protection
law;
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(ii) any judgments, private
or public litigation, tax liens, written complaints, administrative actions, or
investigations by any government agency against the applicant or any officer,
director, manager, or shareholder owning more than five percent interest in the
applicant, unresolved or otherwise, filed or otherwise commenced within the
preceding ten years;
(iii) whether the applicant
or any person employed by the applicant has had a record of having defaulted in
the payment of money collected for others, including the discharge of debts
through bankruptcy proceedings; and
(iv) whether the applicant's
license or registration to provide debt management services in any other state
has ever been revoked or suspended;
(7) a copy of the
applicant's standard debt management services agreement that the applicant
intends to execute with debtors;
(8) proof of accreditation
of:
(i) the debt management
services provider; and
(ii) all individuals
employed by, under contract with, or otherwise agents of the provider who offer
to provide or provide debt management services; and
(9) any other information
and material as the commissioner may require.
Subd. 2. Term and scope of registration. The registration must
remain in full force and effect for one calendar year or until it is surrendered
by the licensee or revoked or suspended by the commissioner. The registration
is limited solely to the business of providing debt management services.
Subd. 3. Fees. The registration application must be accompanied by
payment of $1,000 as a registration fee.
Subd. 4. Bond. The registration application must be accompanied by
payment of the premium for a surety bond in which the applicant shall be the
obligor, in a sum to be determined by the commissioner but not less than
$5,000, and in which an insurance company, which is duly authorized by the
state of Minnesota to transact the business of fidelity and surety insurance,
shall be a surety. However, the commissioner may accept a deposit in cash, or
securities that may legally be purchased by savings banks or for trust funds of
an aggregate market value equal to the bond requirement, in lieu of the surety
bond. The cash or securities must be deposited with the commissioner of
finance. The commissioner may also require a fidelity bond in an appropriate
amount covering employees of any applicant. Each branch office or additional
place of business of an applicant must be bonded as provided in this
subdivision. In determining the bond amount necessary for the maintenance of
any office, whether it is a surety bond, fidelity bond, or both, the
commissioner shall consider the financial responsibility, experience,
character, and general fitness of the debt management services provider and its
operators and owners; the volume of business handled or proposed to be handled;
the location of the office and the geographical area served or proposed to be
served; and other information the commissioner may deem pertinent based upon
past performance, previous examinations, annual reports, and manner of business
conducted in other states.
Subd. 5. Condition of bond. The bond must run to the state of
Minnesota for the use of the state and of any person or persons who may have a
cause of action against the obligor arising out of the obligor's activities as
a debt management services provider to a debtor domiciled in this state. The
bond must be conditioned that the obligor will not commit any fraudulent act
and will faithfully conform to and abide by the provisions of this chapter and
of all rules lawfully made by the commissioner under this chapter and pay to
the state and to any such person or persons any and all money that may become
due or owing to the state or to such person or persons from the obligor under
and by virtue of this chapter.
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Subd.
6. Right of action on bond. If
the registrant has failed to account to a debtor or distribute to the debtor's
creditors the amounts required by this chapter and the debt management services
agreement between the debtor and registrant, the debtor or the debtor's legal
representative or receiver, the commissioner, or the attorney general, shall
have, in addition to all other legal remedies, a right of action in the name of
the debtor on the bond or the security given under this section, for loss
suffered by the debtor, not exceeding the face amount of the bond or security,
and without the necessity of joining the registrant in the suit or action.
Subd.
7. Registrant list. The
commissioner must maintain a list of registered debt management services
providers. The list must be made available to the public in written form upon
request and on the Department of Commerce Web site.
Sec.
10. [332A.05] NONASSIGNMENT OF
REGISTRATION.
A
registration must not be transferred or assigned without the consent of the
commissioner.
Sec.
11. [332A.06] RENEWAL OF
REGISTRATION.
Each
year, each registrant under the provisions of this chapter must, not more than
60 nor less than 30 days before its registration is to expire, apply to the
commissioner for renewal of its registration on a form prescribed by the
commissioner. The application must be signed by the registrant under penalty of
perjury, contain current information on all matters required in the original application,
and be accompanied by a payment of $250. The registrant must maintain a
continuous surety bond that satisfies the requirements of section 332A.04,
subdivision 4, provided that the commissioner may require a different amount
that is at least equal to the largest amount that has accrued in the
registrant's trust account during the previous year. The renewal is effective
for one year.
Sec.
12. [332A.07] OTHER DUTIES OF
REGISTRANT.
Subdivision
1. Requirement to update information.
A registrant must update any information required by this chapter provided
in its original or renewal application not later than 90 days after the date
the events precipitating the update occurred.
Subd.
2. Inspection of debtor of registration.
Each registrant must maintain a copy of its registration in its files. The
registrant must allow a debtor, upon request, to inspect the registration.
Sec.
13. [332A.08] DENIAL OF REGISTRATION.
The
commissioner, with notice to the applicant by certified mail sent to the
address listed on the application, may deny an application for a registration
upon finding that the applicant:
(1)
has submitted an application required under section 332A.04 that contains
incorrect, misleading, incomplete, or materially untrue information. An application
is incomplete if it does not include all the information required in section
332A.04;
(2)
has failed to pay any fee or pay or maintain any bond required by this chapter,
or failed to comply with any order, decision, or finding of the commissioner
made under and within the authority of this chapter;
(3)
has violated any provision of this chapter or any rule or direction lawfully
made by the commissioner under and within the authority of this chapter;
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(4)
or any controlling or affiliated party has ever been convicted of a crime or
found civilly liable for an offense involving moral turpitude, including forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud, or any other similar offense or violation, or any
violation of a federal or state law or regulation in connection with activities
relating to the rendition of debt management services or any consumer fraud,
false advertising, deceptive trade practices, or similar consumer protection
law;
(5)
has had a registration or license previously revoked or suspended in this state
or any other state or the applicant or licensee has been permanently or
temporarily enjoined by any court of competent jurisdiction from engaging in or
continuing any conduct or practice involving any aspect of the debt management
services provider business; or any controlling or affiliated party has been an
officer, director, manager, or shareholder owning more than a ten percent
interest in a debt management services provider whose registration has
previously been revoked or suspended in this state or any other state, or who
has been permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in or continuing any conduct or practice involving
any aspect of the debt management services provider business;
(6)
has made any false statement or representation to the commissioner;
(7)
is insolvent;
(8)
refuses to fully comply with an investigation or examination of the debt
management services provider by the commissioner;
(9)
has improperly withheld, misappropriated, or converted any money or properties
received in the course of doing business;
(10)
has failed to have a trust account with an actual cash balance equal to or
greater than the sum of the escrow balances of each debtor's account;
(11)
has defaulted in making payments to creditors on behalf of debtors as required
by agreements between the provider and debtor; or
(12)
has used fraudulent, coercive, or dishonest practices, or demonstrated
incompetence, untrustworthiness, or financial irresponsibility in this state or
elsewhere.
Sec.
14. [332A.09] SUSPENDING, REVOKING,
OR REFUSING TO RENEW REGISTRATION.
Subdivision
1. Procedure. The commissioner
may revoke, suspend, or refuse to renew any registration issued under this
chapter, or may levy a civil penalty under section 45.027, or any combination
of actions, if the debt management services provider or any controlling or
affiliated person has committed any act or omission for which the commissioner
could have refused to issue an initial registration or renew an existing
registration. Revocation of or refusal to renew a registration must be upon
notice and hearing as prescribed in the Administrative Procedure Act, sections
14.57 to 14.69. The notice must set a time for hearing before the commissioner
not less than 20 nor more than 30 days after service of the notice, provided
the registrant may waive the 20-day minimum. The commissioner may, in the
notice, suspend the registration for a period not to exceed 60 days. Unless the
notice states that the registration is suspended, pending the determination of
the main issue, the registrant may continue to transact business until the
final decision of the commissioner. If the registration is suspended, the
commissioner shall hold a hearing and render a final determination within ten
days of a request by the registrant. If the commissioner fails to do so, the
suspension shall terminate and be of no force or effect.
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Subd.
2. Notification of interested persons.
After the notice and hearing required in subdivision 1, upon issuing an
order suspending or revoking a registration or refusing to renew a
registration, the commissioner may notify all individuals who have contracts
with the affected registrant and all creditors who have agreed to a debt
management services plan that the registration has been revoked and that the
order is subject to appeal.
Subd.
3. Receiver for funds of sanctioned
registrant. When an order is issued revoking or refusing to renew a
registration, the commissioner may apply for, and the district court must
appoint, a receiver to temporarily or permanently receive the assets of the
registrant pending a final determination of the validity of the order.
Sec.
15. [332A.10] WRITTEN DEBT MANAGEMENT
SERVICES AGREEMENT.
Subdivision
1. Written agreement required. A
debt management services provider may not perform any debt management services
or receive any money related to a debt management plan until the provider has
obtained a debt management services agreement that contains all terms of the
agreement between the debt management services provider and the debtor. A debt
management services agreement must be in writing, dated, and signed by the debt
management services provider and the debtor. The registrant must furnish the
debtor with a copy of the signed contract upon execution.
Subd.
2. Actions prior to written agreement.
No person may provide debt management services for a debtor unless the
person first has:
(1)
provided the debtor individualized counseling and educational information that,
at a minimum, addresses managing household finances, managing credit and debt,
budgeting, and personal savings strategies;
(2)
prepared in writing and provided to the debtor, in a form that the debtor may
keep, an individualized financial analysis and a proposed debt management plan
listing the debtor's known debts with specific recommendations regarding
actions the debtor should take to reduce or eliminate the amount of the debts,
including written disclosure that debt management services are not suitable for
all debtors and that there are other ways, including bankruptcy, to deal with
indebtedness;
(3)
made a determination supported by an individualized financial analysis that the
debtor can reasonably meet the requirements of the proposed debt management
plan and that there is a net tangible benefit to the debtor of entering into
the proposed debt management plan; and
(4)
prepared, in a form the debtor may keep, a written list identifying all known
creditors of the debtor that the provider reasonably expects to participate in
the plan and the creditors, including secured creditors, that the provider
reasonably expects not to participate.
Subd.
3. Required terms. (a) Each debt
management services agreement must contain the following terms, which must be
disclosed prominently and clearly in bold print on the front page of the
agreement, segregated by bold lines from all other information on the page:
(1)
the fee amount to be paid by the debtor and whether the initial fee amount is
refundable or nonrefundable;
(2)
the monthly fee amount or percentage to be paid by the debtor; and
(3)
the total amount of fees reasonably anticipated to be paid by the debtor over
the term of the agreement.
(b)
Each debt management services agreement must also contain the following:
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(1)
a disclosure that if the amount of debt owed is increased by interest, late
fees, over the limit fees, and other amounts imposed by the creditors, the
length of the debt management services agreement will be extended and remain in
force and that the total dollar charges agreed upon may increase at the rate
agreed upon in the original contract agreement;
(2)
a prominent statement describing the terms upon which the debtor may cancel the
contract as set forth in section 332A.11;
(3)
a detailed description of all services to be performed by the debt management
services provider for the debtor;
(4)
the debt management service provider's refund policy; and
(5)
the debt management service provider's principal business address and the name
and address of its agent in this state authorized to receive service of
process.
Subd.
4. Prohibited terms. The
following terms shall not be included in the debt management services
agreement:
(1)
a hold harmless clause;
(2)
a confession of judgment, or a power of attorney to confess judgment against
the debtor or appear as the debtor in any judicial proceeding;
(3)
a waiver of the right to a jury trial, if applicable, in any action brought by
or against a debtor;
(4)
an assignment of or an order for payment of wages or other compensation for
services;
(5)
a provision in which the debtor agrees not to assert any claim or defense
arising out of the debt management services agreement;
(6)
a waiver of any provision of this chapter or a release of any obligation
required to be performed on the part of the debt management services provider;
or
(7)
a mandatory arbitration clause.
Subd.
5. New debt management services agreements;
modification of existing agreements. (a) Separate and additional
debt management services agreements that comply with this chapter may be
entered into by the debt management services provider and the debtor provided
that no additional initial fee may be charged by the debt management services
provider.
(b)
Any modification of an existing debt management services agreement, including
any increase in the number or amount of debts included in the debt management
service, must be in writing and signed by both parties. No fees, charges, or
other consideration may be demanded from the debtor for the modification, other
than an increase in the amount of the monthly maintenance fee established in
the original debt management services agreement.
Sec.
16. [332A.11] RIGHT TO CANCEL.
Subdivision
1. Debtor's right to cancel. A
debtor has the right to cancel the debt management services agreement without
cause at any time upon ten days' written notice to the debt management service
provider. In the event of cancellation, the debt management services provider
must, within ten days of the cancellation, notify the debtor's creditors of the
cancellation and provide a refund of all unexpended funds paid by or for the
debtor to the debt management service provider.
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Subd.
2. Notice of debtor's right to cancel.
A debt management services agreement must contain, on its face, in an easily
readable typeface immediately adjacent to the space for signature by the
debtor, the following notice: "Right To Cancel: You have the right to
cancel this contract at any time on ten days' written notice."
Subd.
3. Automatic termination. Upon
the payment of all listed debts and fees, the debt management services
agreement must automatically terminate, and all unexpended funds paid by or for
the debtor to the debt management service provider must be immediately returned
to the debtor.
Subd.
4. Debt management services provider's
right to cancel. A debt management services provider may cancel a
debt management services agreement with good cause upon 30 days' written notice
to the debtor. Within ten days after the cancellation, the debt management
services provider must: (1) notify the debtor's creditors of the cancellation;
and (2) return to the debtor all unexpended funds paid by or for the debtor.
Sec.
17. [332A.12] BOOKS, RECORDS, AND
INFORMATION.
Subdivision
1. Records retention. Every
registrant must keep, and use in the registrant's business, such books,
accounts, and records, including electronic records, as will enable the
commissioner to determine whether the registrant is complying with this chapter
and of the rules, orders, and directives adopted by the commissioner under this
chapter. Every registrant must preserve such books, accounts, and records for
at least six years after making the final entry on any transaction recorded
therein. Examinations of the books, records, and method of operations conducted
under the supervision of the commissioner shall be done at the cost of the
registrant. The cost must be assessed as determined under section 46.131.
Subd.
2. Statements to debtors. Each
registrant must maintain and must make available records and accounts that will
enable each debtor to ascertain the amounts paid to the creditors of the
debtor. A statement showing amounts received from the debtor, disbursements to
each creditor, amounts which any creditor has agreed to accept as payment in
full for any debt owed the creditor by the debtor, charges deducted by the
registrant, and such other information as the commissioner may prescribe, must
be furnished by the registrant to the debtor at least monthly and, in addition,
upon any cancellation or termination of the contract. In addition to the
statements required by this subdivision, each debtor must have reasonable
access, without cost, by electronic or other means, to information in the
registrant's files applicable to the debtor. These statements, records, and
accounts must otherwise remain confidential except for duly authorized state
and government officials, the commissioner, the attorney general, the debtor,
and the debtor's representative and designees. Each registrant must prepare and
retain in the file of each debtor a written analysis of the debtor's income and
expenses to substantiate that the plan of payment is feasible and practicable.
Sec.
18. [332A.13] FEES, PAYMENTS, AND CONSENT
OF CREDITORS.
Subdivision
1. Origination fee; credit background
report cost. The registrant may charge a nonrefundable origination
fee of not more than $50, which may be retained by the registrant from the
initial amount paid by the debtor to the registrant.
Subd.
2. Monthly maintenance fee. The
registrant may charge a periodic fee for account maintenance or other purposes,
but only if the fee is reasonable for the services provided and does exceed the
lesser of 15 percent of the monthly payment amount or $75.
Subd.
3. Additional fees unauthorized. A
registrant may not impose any fee or other charge or receive any funds or other
payment other than the initial fee or monthly maintenance fee authorized by
this section.
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Subd. 4. Amount of periodic payments retained. The registrant may
retain as payment for the fees authorized by this section no more than 15
percent of any periodic payment made to the registrant by the debtor. The
remaining 85 percent must be disbursed to listed creditors under and in
accordance with the debt management services agreement. No fees or charges may
be received or retained by the registrant for any handling of recurring
payments. Recurring payments include current rent, mortgage, utility,
telephone, maintenance as defined in section 518.27, child support, insurance
premiums, and such other payments as the commissioner may by rule prescribe.
Subd. 5. Advance payments. No fees or charges may be received or
retained for any payments by the debtor made more than the following number of
days in advance of the date specified in the debt management services agreement
on which they are due: (1) 42 days in the case of contracts requiring monthly payments;
(2) 15 days in the case of agreements requiring biweekly payments; or (3) seven
days in the case of agreements requiring weekly payments. For those agreements
which do not require payments in specified amounts, a payment is deemed an
advance payment to the extent it exceeds twice the average regular payment
previously made by the debtor under that contract. This subdivision does not
apply when the debtor intends to use the advance payments to satisfy future
payment of obligations due within 30 days under the contract. This subdivision
supersedes any inconsistent provision of this chapter.
Subd. 6. Consent of creditors. A registrant must actively seek to
obtain the consent of all creditors to the debt management services plan set
forth in the debt management services agreement. Consent by a creditor may be
express and in writing, or may be evidenced by acceptance of a payment made
under the debt management services plan set forth in the contract. The
registrant must notify the debtor within ten days after any failure to obtain
the required consent and of the debtor's right to cancel without penalty. The
notice must be in a form as the commissioner shall prescribe. Nothing contained
in this section is deemed to require the return of any origination fee and any
fees earned by the registrant prior to cancellation or default.
Subd. 7. Withdrawal of creditor. Whenever a creditor withdraws
from a debt management services plan, or refuses to participate in a debt
management services plan, the registrant must promptly notify the debtor of the
withdrawal or refusal. In no case may this notice be provided more than 15 days
after the debt management services plan learns of the creditor's decision to
withdraw from or refuse to participate in a plan. This notice must include the
identity of the creditor withdrawing from the plan, the amount of the monthly
payment to that creditor, and the right of the debtor to cancel the agreement
under section 332A.11.
Subd. 8. Payments held in trust. The registrant must maintain a
separate trust account and deposit in the account all payments received from
the moment that they are received, except that the registrant may commingle the
payment with the registrant's own property or funds, but only to the extent
necessary to ensure the maintenance of a minimum balance if the financial
institution at which the trust account is held requires a minimum balance to
avoid the assessment of fees or penalties for failure to maintain a minimum
balance. All disbursements, whether to the debtor or to the creditors of the
debtor, or to the registrant, must be made from such account.
Subd. 9. Timely payment of creditors. The registrant must disburse
any funds paid by or on behalf of a debtor to creditors of the consumer within
42 days after receipt of the funds, or earlier if necessary to comply with the
due date in the contract between the debtor and the creditor, unless the
reasonable payment of one or more of the debtor's obligations requires that the
funds be held for a longer period so as to accumulate a sum certain, or where
the debtor's payment is returned for insufficient funds or other reason that
makes the withholding of such payments in the net interest of the debtor.
Sec. 19. [332A.14] PROHIBITIONS.
A registrant shall not:
(1) purchase from a creditor
any obligation of a debtor;
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(2)
use, threaten to use, seek to have used, or seek to have threatened the use of
any legal process, including but not limited to garnishment and repossession of
personal property, against any debtor while the debt management services
agreement between the registrant and the debtor remains executory;
(3)
advise a debtor to stop paying a creditor until a debt management services plan
is in place;
(4)
require as a condition of performing debt management services the purchase of
any services, stock, insurance, commodity, or other property or any interest
therein either by the debtor or the registrant;
(5)
compromise any debts unless the prior written approval of the debtor has been
obtained to such compromise and unless such compromise inures solely to the
benefit of the debtor;
(6)
receive from any debtor as security or in payment of any fee a promissory note
or other promise to pay or any mortgage or other security, whether as to real
or personal property;
(7)
lend money or provide credit to any debtor if any interest or fee is charged, or
directly or indirectly collect any fee for referring, advising, procuring,
arranging, or assisting a consumer in obtaining any extension of credit or
other debtor service from a lender or service provider;
(8)
structure a debt management services agreement that would result in negative
amortization of any debt in the plan;
(9)
engage in any unfair, deceptive, or unconscionable act or practice in
connection with any service provided to any debtor;
(10)
offer, pay, or give any material cash fee, gift, bonus, premium, reward, or
other compensation to any person for referring any prospective customer to the
registrant or for enrolling a debtor in a debt management services plan, or
provide any other incentives for employees or agents of the debt management
services provider to induce debtors to enter into a debt management plan;
(11)
receive any cash, fee, gift, bonus, premium, reward, or other compensation from
any person other than the debtor or a person on the debtor's behalf in
connection with activities as a registrant, provided that this paragraph does
not apply to a registrant which is a bona fide nonprofit corporation duly
organized under chapter 317A or under the similar laws of another state;
(12)
enter into a contract with a debtor unless a thorough written budget analysis
indicates that the debtor can reasonably meet the requirements of the financial
adjustment plan and will be benefited by the plan;
(13)
in any way charge or purport to charge or provide any debtor credit insurance
in conjunction with any contract or agreement involved in the debt management
services plan;
(14)
operate or employ a person who is an employee or owner of a collection agency
or process-serving business; or
(15)
require or attempt to require payment of a sum that the registrant states,
discloses, or advertises to be a voluntary contribution from the debtor.
Sec.
20. [332A.16] ADVERTISEMENT OF DEBT
MANAGEMENT SERVICES PLANS.
No
debt management services provider may make false, deceptive, misleading
statements, or omissions about the rates, terms, or conditions of an actual or
proposed debt management services plan or its debt management services, or
create the likelihood of consumer confusion or misunderstanding regarding its
services, including but not limited to the following:
Journal of the House - 35th
Day - Friday, March 23, 2007 - Top of Page 1937
(1)
represent that the debt management services provider is a nonprofit,
not-for-profit, or has similar status or characteristics if some or all of the
debt management services will be provided by a for-profit company that is a
controlling or affiliated party to the debt management services provider; or
(2)
make any communication that gives the impression that the debt management services
provider is acting on behalf of a government agency.
Sec.
21. [332A.17] DEBT MANAGEMENT
SERVICES AGREEMENT RESCISSION.