STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED FIFTH DAY
Saint Paul, Minnesota, Monday, April 21, 2008
The House of Representatives convened at 1:30 p.m. and was
called to order by Al Juhnke, Speaker pro tempore.
Prayer was offered by Father Tony Wroblewski, Brainerd Area
Catholic Churches, Brainerd, Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
A quorum was present.
Hamilton and Kranz were excused.
Kelliher, Sertich and Walker were excused until 2:35 p.m. Westrom was excused until 2:40 p.m. Anderson, B., was excused until 2:55
p.m. Kahn was excused until 4:25 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Dominguez moved that further
reading of the Journal be suspended and that the Journal be approved as
corrected by the Chief Clerk. The
motion prevailed.
REPORTS
OF CHIEF CLERK
S. F. No. 3001 and
H. F. No. 3316, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mariani moved that the rules be so far suspended that
S. F. No. 3001 be substituted for H. F. No. 3316
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3698 and
H. F. No. 3857, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Sailer moved that the rules be so far suspended that
S. F. No. 3698 be substituted for H. F. No. 3857
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communication was received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
17, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning House File No. 3114, Chapter No.
193, a bill related to real estate acquisitions by park district boards.
Existing law provides local city governments an opportunity to
review and vote on a park district board's acquisition of real property within
the city. This requirement maximizes
local input over land issues that directly impact land within the city.
While the statutory change sought in this legislation requires
that land acquisitions be in accordance with a city's local master plans, these
plans are typically only developed every 10 years. Additional timely review and input by local elected officials
assures that property being acquired for park purposes remains consistent with
the priorities of the elected local government.
Sincerely,
Tim
Pawlenty
Governor
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Solberg
from the Committee on Ways and Means to which was referred:
H.
F. No. 615, A bill for an act relating to education; providing for responsible
family life and sexuality education programs; requiring information on certain
immunizations; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 121A; repealing Minnesota Statutes 2006, section 121A.23.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 934, A bill for an act relating to the
environment; requiring manufacturers of certain flame retardants to register
with the commissioner of the Pollution Control Agency; creating a fire safety
committee; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the following
amendments:
Delete everything after the enacting clause and
insert:
"Section 1.
Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:
325E.386
PRODUCTS CONTAINING CERTAIN POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.
Subdivision 1.
Penta- and octabromodiphenyl ethers. Except as provided in subdivision 3 2, beginning
January 1, 2008, a person may not manufacture, process, or distribute in
commerce a product or flame-retardant part of a product containing more than
one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.
Subd. 2. Exemptions;
penta- and octabromodiphenyl ethers.
The following products containing polybrominated diphenyl ethers are
exempt from subdivision 1 and section 325E.387, subdivision 2:
(1) the sale or distribution of any used
transportation vehicle with component parts containing polybrominated diphenyl
ethers;
(2) the sale or distribution of any used
transportation vehicle parts or new transportation vehicle parts manufactured
before January 1, 2008, that contain polybrominated diphenyl ethers;
(3) the manufacture, sale, repair, distribution,
maintenance, refurbishment, or modification of equipment containing
polybrominated diphenyl ethers and used primarily for military or federally
funded space program applications. This
exemption does not cover consumer-based goods with broad applicability;
(4) the sale or distribution by a business, charity,
public entity, or private party of any used product containing polybrominated
diphenyl ethers;
(5) the manufacture, sale, or distribution of new
carpet cushion made from recycled foam containing more than one-tenth of one
percent polybrominated diphenyl ether;
(6) medical devices; or
(7) the manufacture, sale, repair, distribution,
maintenance, refurbishment, or modification of telecommunications equipment
containing polybrominated diphenyl ethers used by entities eligible to hold
authorization in the Public Safety Pool under Code of Federal Regulations,
title 47, part 90.
In-state retailers in possession of products on
January 1, 2008, that are banned for sale under subdivision 1 may exhaust their
stock through sales to the public.
Nothing in this section restricts the ability of a manufacturer,
importer, or distributor from transporting products containing polybrominated
diphenyl ethers through the state, or storing such products in the state for
later distribution outside the state.
Subd. 3. Commercial decabromodiphenyl ether. (a) Except as provided in subdivision 4,
beginning July 1, 2010, a person may not manufacture, process, or distribute in
commerce any of the following products containing more than one-tenth of one percent
of commercial decabromodiphenyl ether by mass:
(1) the exterior casing of a television, computer,
or computer monitor;
(2) upholstered furniture or textiles intended for
indoor use in a home or other residential occupancy; or
(3) mattresses and mattress pads.
(b) The sale or distribution by a business, charity,
public entity, or private party of any used product containing commercial
decabromodiphenyl ether is exempted from this subdivision.
(c) In-state retailers in possession of products on
January 1, 2010, that are banned for sale under this subdivision may exhaust
their stock of products located in the state as of that date through sales to
the public. Nothing in this section
restricts a manufacturer, importer, or distributor from transporting products
containing commercial decabromodiphenyl ether through the state or storing such
products in the state for later distribution outside the state.
Subd. 4. Exemption process; commercial decabromodiphenyl ether. (a) A manufacturer or user of a product
prohibited from manufacture, sale, or distribution under subdivision 3 may
apply for an exemption for a specific use of commercial decabromodiphenyl ether
under this section by filing a written request with the commissioner. The commissioner may grant an exemption for
a term not to exceed three years. The
exemption is renewable upon written request.
An initial or renewal request for exemption must include at least the
following:
(1) a policy statement articulating upper management
support for eliminating or reducing to the maximum feasible extent the use of
commercial decabromodiphenyl ether;
(2) a description of the product and the amount of
commercial decabromodiphenyl ether distributed for sale and use in the state on
an annual basis;
(3) a description of the recycling and disposal
system used for the product in the state and an estimate of the amount of
product or commercial decabromodiphenyl ether that is recycled or disposed of
in the state on an annual basis;
(4) a description of the manufacturer's or user's
past and ongoing efforts to eliminate or reduce the amount of commercial
decabromodiphenyl ether used in the product;
(5) an assessment of options available to reduce or
eliminate the use of commercial decabromodiphenyl ether, including any
alternatives that do not contain commercial decabromodiphenyl ether, perform
the same technical function, are commercially available, and are economically
practicable;
(6) a statement of objectives in numerical terms and
a schedule for achieving the elimination of commercial decabromodiphenyl ether
and an environmental assessment of alternative products, including but not
limited to human health, solid waste, hazardous waste, and wastewater impacts
associated with production, use, recycling, and disposal of the alternatives;
(7) a listing of options considered not to be
technically or economically practicable; and
(8) certification of the accuracy of the information
contained in the request, signed and dated by an official of the manufacturer
or user.
(b) The commissioner may grant an initial or renewal
exemption for a specific use of commercial decabromodiphenyl ether, with or
without conditions, upon finding that the applicant has demonstrated that there
is no alternative that performs the same technical function, is commercially
available, is economically practicable, and provides net health and
environmental benefits to the state.
Subd. 5. Fees for exemption applicants. The application fee for an exemption
under subdivision 4 is $2,000 per exemption.
The fee is exempt from section 16A.1285. Revenues from application fees must be deposited in the
environmental fund.
Sec. 2.
Minnesota Statutes 2007 Supplement, section 325E.387, is amended by
adding a subdivision to read:
Subd. 3. Participation in interstate clearinghouse. The commissioner may participate in a
regional or national multistate clearinghouse to assist in carrying out the
requirements of this section. The
clearinghouse is authorized to maintain information on behalf of Minnesota,
including, but not limited to:
(1) a list of all products containing polybrominated
diphenyl ethers; and
(2) information on all exemptions granted by the
state.
Sec. 3. REPORT.
By July 1, 2011, the Pollution Control Agency shall
report to the senate and house of representatives committees with jurisdiction
over environment and natural resources and commerce policy regarding
flame-retardant alternatives available for decabromodiphenyl ether."
Delete the title and insert:
"A bill for an act relating to environment;
banning certain products containing commercial decabromodiphenyl ether;
providing for exemptions and fees; authorizing participation in multistate
clearinghouse; requiring a report; amending Minnesota Statutes 2007 Supplement,
sections 325E.386; 325E.387, by adding a subdivision."
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 2351, A bill for an act relating to
telecommunications; requiring a study of the impact of state video franchising
in states that have enacted such legislation.
Reported the same back with the following
amendments:
Page 1, line 6, delete "contract" and
insert "issue a request for proposals"
Page 2, delete line 14 and insert:
"Sec. 2. APPROPRIATION.
Notwithstanding Minnesota Statutes, section 237.52,
subdivision 5, $85,000 is appropriated from the telecommunications access
Minnesota fund to the commissioner of commerce for the purposes of section 1.
Sec. 3. EFFECTIVE DATE.
Sections 1 and 2 are effective the day following
final enactment."
Amend the title as follows:
Page 1, line 3, before the period, insert ";
appropriating money"
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 2998, A bill for an act relating to
natural resources; authorizing free entrance to state parks for totally and
permanently disabled veterans; amending Minnesota Statutes 2006, section
85.053, by adding a subdivision.
Reported the same back with the recommendation that
the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
H. F. No. 3195, A bill for an act relating to
environment; establishing an intent to participate in a cap and trade program
for greenhouse gas emissions; requiring studies; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 216H.
Reported the same back with the recommendation that
the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 3301, A bill for an act relating to
transportation; modifying provisions related to design-build project requests
for proposals, scoring, project awards, protests, and stipulated fees;
modifying provisions relating to Technical Review Committee; amending Minnesota
Statutes 2006, sections 13.72, subdivision 11; 161.3420, subdivisions 2, 3, 4;
161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006,
section 161.3426, subdivision 2.
Reported the same back with the following
amendments:
Delete everything after the enacting clause and
insert:
"Section 1.
Minnesota Statutes 2006, section 161.3412, subdivision 3, is amended to
read:
Subd. 3. Restriction;
reports. (a) The number of
design-build contracts awarded by the commissioner in any fiscal year may not
exceed ten percent of the total number of transportation construction contracts
awarded by the commissioner in the previous fiscal year.
(b) The commissioner shall notify the chairs of the
senate and house of representatives committees with jurisdiction over
transportation policy and transportation finance each time the commissioner
decides to use the design-build method of procurement and. The
notification must explain why that method was chosen, and provide the
initial cost estimate, the expected date of release for the RFP, and the
expected stipulated fee.
(c) The commissioner shall notify the chairs of the
senate and house of representatives committees with jurisdiction over
transportation policy and transportation finance within three days of any
change to the cost estimate or to the stipulated fee of a design-build project.
Sec. 2.
Minnesota Statutes 2006, section 161.3420, subdivision 2, is amended to
read:
Subd. 2. Technical
Review Committee. During the
phase-one request for qualifications (RFQ) and before solicitation, the
commissioner shall appoint a Technical Review Committee of at least five
individuals. The Technical Review
Committee must include an individual whose name and qualifications are
submitted to the commissioner by the Minnesota chapter of the Associated
General Contractors, after consultation with other commercial contractor
associations in the state. Members of
the Technical Review Committee who are not state employees are subject to the
Minnesota Government Data Practices Act and section 16C.06 to the same extent
that state agencies are subject to those provisions. The commissioner shall pay reasonable compensation to
Technical Review Committee members who are not public employees for their
services. A minimum of two state
employees on the Technical Review Committee must be at the level of senior
administrative engineer or above. A
Technical Review Committee member may not participate in the review or
discussion of responses to an RFQ or request for proposals (RFP) when the
member has a financial interest in any of the design-build firms that respond
to that RFQ or RFP. "Financial interest" includes, but is not limited
to, being or serving as an owner, employee, partner, limited liability partner,
shareholder, joint venturer, family member, officer, or director of a
design-build firm responding to an RFQ or RFP for a specific project, or having
any other economic interest in that design-build firm. The members of the Technical Review
Committee must be treated as state employees in the event of litigation
resulting from any action arising out of their service on the committee.
Sec. 3.
Minnesota Statutes 2006, section 161.3420, subdivision 3, is amended to
read:
Subd. 3. Contents. The commissioner shall prepare or have
prepared an RFQ. The RFQ must include
the following:
(1) the minimum qualifications of design-builders
necessary to meet the requirements for acceptance;
(2) a scope of work statement and schedule;
(3) documents defining the project requirements;
(4) the form of contract to be awarded;
(5) the weighted selection criteria for compiling a
short list and the number of firms to be included in the short list, which must
be at least two but not more than five;
(6) a description of the request for proposals (RFP)
requirements;
(7) the maximum time allowed for design and
construction;
(8) the commissioner's estimated cost of design and
construction;
(9) requirements for construction experience, design
experience, financial, personnel, and equipment resources available from
potential design-builders for the project and experience in other design-build
transportation projects or similar projects, provided that these requirements
may not unduly restrict competition; and
(10) a statement that "past performance,"
or "experience," or other criteria used in the RFQ
evaluation process does not include the exercise or assertion of a person's
legal rights.
Sec. 4.
Minnesota Statutes 2006, section 161.3420, subdivision 4, is amended to
read:
Subd. 4. Evaluation. The selection team Technical
Review Committee shall evaluate the design-build qualifications of
responding firms and shall compile a short list of no more than five most
highly qualified firms in accordance with qualifications criteria described in
the request for qualifications (RFQ).
If only one design-build firm responds to the RFQ or remains on the
short list, the commissioner may readvertise or cancel the project as the
commissioner deems necessary.
Sec. 5.
Minnesota Statutes 2006, section 161.3422, is amended to read:
161.3422
RFP FOR DESIGN-BUILD.
During phase two, the commissioner shall issue a
request for proposals (RFP) to the design-builders on the short list. The request must include:
(1) the scope of work, including (i) performance and
technical requirements, (ii) conceptual design, (iii) specifications, and (iv)
functional and operational elements for the delivery of the completed project,
which must be prepared by a registered or licensed professional engineer;
(2) a description of the qualifications required of
the design-builder and the selection criteria, including the weight or
relative order, or both, of each criterion and subcriterion;
(3) copies of the contract documents that the
successful proposer will be expected to sign;
(4) the maximum time allowable for design and
construction;
(5) the road authority's estimated cost of design
and construction;
(6) the requirement that a submitted proposal be
segmented into two parts, a technical proposal and a price proposal;
(7) the requirement that each proposal be in a
separately sealed, clearly identified package and include the date and time of
the submittal deadline;
(8) the requirement that the technical proposal
include a critical path method; bar schedule of the work to be performed, or
similar schematic; design plans and specifications; technical reports;
calculations; permit requirements; applicable development fees; and other data
requested in the RFP;
(9) the requirement that the price proposal contain
all design, construction, engineering, inspection, and construction costs of
the proposed project;
(10) the date, time, and location of the public
opening of the sealed price proposals; and
(11) other information relevant to the project;
and
(12) a statement that "past performance,"
"experience," or other criteria used in the RFP evaluation process
does not include the exercise or assertion of a person's legal rights.
Sec. 6.
Minnesota Statutes 2006, section 161.3426, subdivision 1, is amended to
read:
Subdivision 1.
Award; computation; announcement. Except as provided in subdivision 2, A design-build
contract shall be awarded as follows:
(a) The Technical Review Committee shall score the
technical proposals using the selection criteria in the request for proposals
(RFP). The Technical Review Committee
shall then submit a technical proposal score for each design-builder to the
commissioner. The Technical Review
Committee shall reject any proposal it deems nonresponsive proposal.
(b) The commissioner shall announce the technical
proposal score for each design-builder and shall publicly open the sealed price
proposals and shall divide each design-builder's price by the technical score
that the Technical Review Committee has given to it to obtain an adjusted score. The design-builder selected must be that
responsive and responsible design-builder (1) whose adjusted score is
the lowest, and (2) whose price component does not exceed 120 percent of the
lowest price that is submitted by a responsive, responsible design-builder. The requirement in clause (2) of this
paragraph only applies if the project has a value in excess of $25,000,000, as
stated in the RFP.
(c) If a time factor is included with the selection
criteria in the RFP package, the commissioner may also adjust the bids using
a shall include the value of the time factor established by the
commissioner as a criterion within the RFP. The value of the time factor must be expressed as a value per
day. The adjustment must be based on
the total time value. The total time
value is the design-builder's total number of days to complete the project
multiplied by the factor. The
time-adjusted price is the total time value plus the bid amount. This time adjustment to the
bids must be used for selection purposes only, and must not affect the
Department of Transportation's liquidated damages schedule or incentive or
disincentive program. An adjusted
score must then be obtained by dividing each design-builder's time-adjusted
price by the score given by the technical review team. The commissioner shall select the responsive
and responsible design-builder whose adjusted score is the lowest.
(d) Unless all proposals are rejected, the
commissioner shall award the contract to the responsive and responsible
design-builder with the lowest adjusted score.
The commissioner shall reserve the right to reject all proposals.
(e) The commissioner shall not limit the ability of
design-builders that have submitted proposals to protest a contemplated or
actual award by the commissioner by, among other things, unreasonably
restricting the time to protest, restricting the right to seek judicial review
of the commissioner's actions, attempting to change the judicial standard of
review, or attempting to shift the commissioner's costs or damages from a
protest to a protestor. Unless all
design-builders that have submitted proposals agree to execution of a contract
for the project without a waiting period beforehand, the commissioner shall
wait at least seven days after both the award of the project and public
disclosure of the Technical Review Committee's scoring data and the successful
proposal before executing a contract for the project.
Sec. 7.
Minnesota Statutes 2006, section 161.3426, subdivision 3, is amended to
read:
Subd. 3. Stipulated
fee. The commissioner shall award a
stipulated fee not less than two-tenths of one percent of the department's
estimated cost of design and construction to each short-listed, responsible
proposer who provides a responsive but unsuccessful proposal. Any increases to the stipulated fee must
be made only by the commissioner and the reasons for those changes must be
publicly announced at the time of the change.
If the commissioner does not award a contract, all short-listed
proposers must receive the stipulated fee.
If the commissioner cancels the contract before reviewing the technical
proposals, the commissioner shall award each design-builder on the short list a
stipulated fee of not less than two-tenths of one percent of the commissioner's
estimated cost of design and construction.
The commissioner shall pay the stipulated fee to each proposer within 90
days after the award of the contract or the decision not to award a contract
without conditions other than those stated in this subdivision. In consideration for paying the stipulated
fee, the commissioner may use any ideas or information contained in the
proposals in connection with any contract awarded for the project or in
connection with a subsequent procurement, without any obligation to pay any
additional compensation to the unsuccessful proposers. Notwithstanding the other provisions of this
subdivision, an unsuccessful short-list proposer may elect to waive the
stipulated fee. If an unsuccessful
short-list proposer elects to waive the stipulated fee, the commissioner may
not use ideas and information contained in that proposer's proposal. Upon the request of the commissioner, a
proposer who waived a stipulated fee may withdraw the waiver, in which case the
commissioner shall pay the stipulated fee to the proposer and thereafter may
use ideas and information in the proposer's proposal.
Sec. 8.
Minnesota Statutes 2006, section 161.3426, subdivision 4, is amended to
read:
Subd. 4. Low-bid
design-build process. (a) The
commissioner may also use low-bid, design-build procedures to award a
design-build contract where the scope of the work can be clearly defined.
(b) Low-bid design-build projects may require a
request for qualifications (RFQ) and short-listing, and must require a request
for proposals (RFP).
(c) Submitted proposals under this subdivision must
include separately a technical proposal and a price proposal. The low-bid, design-build procedures must
follow a two-step process for review of the responses to the RFP as follows:
(1) The first step is the review of the technical
proposal by the Technical Review Committee as provided in section 161.3420,
subdivision 2. The Technical Review
Committee must open the technical proposal first and must determine if it
complies with the requirements of the RFP and is responsive. The Technical Review Committee shall
reject any nonresponsive proposal. The
Technical Review Committee may not perform any ranking or scoring of the
technical proposals.
(2) The second step is the determination of the low
bidder based on the price proposal. The
commissioner may not open the price proposal until the review of the technical
proposal is complete.
(d) The contract award under low-bid, design-build
procedures must be made to the proposer whose sealed bid is responsive to the
technical requirements as determined by the Technical Review Committee
and that is also the lowest bid.
(e) A stipulated fee may be paid for unsuccessful
bids on low-bid, design-build projects only when the commissioner has required
an RFQ and short-listed the most highly qualified responsive bidders.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 9. REPEALER.
Minnesota Statutes 2006, section 161.3426,
subdivision 2, is repealed."
Delete the title and insert:
"A bill for an act relating to transportation;
modifying provisions relating to design-build projects; amending Minnesota
Statutes 2006, sections 161.3412, subdivision 3; 161.3420, subdivisions 2, 3,
4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006,
section 161.3426, subdivision 2."
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
H. F. No. 3343, A bill for an act relating to
energy; creating wind energy conversion system aggregation program;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 216F.
Reported the same back with the recommendation that
the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 3505, A bill for an act relating to public
safety; prohibiting predatory offenders required to register from accessing and
using social networking Web sites; amending Minnesota Statutes 2006, sections
243.166, subdivisions 1a, 4; 244.05, subdivision 6.
Reported the same back with the following
amendments:
Page 5, after line 27, insert:
"Sec. 4.
EFFECTIVE DATE.
Sections 1 to 3 are effective August 1, 2009, and
apply to predatory offenders who are required to register before, on, or after
that date."
With the recommendation that when so amended the
bill pass.
The report was adopted.
Lenczewski from the Committee on Taxes to which was
referred:
H. F. No. 3585, A bill for an act relating to
energy; authorizing certain governments to engage in energy-related activities,
including ownership of renewable energy projects; authorizing bonds;
authorizing an annual ad valorem tax; amending Minnesota Statutes 2006,
sections 216B.1612, by adding a subdivision; 473.1293, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 216F; 373.
Reported the same back with the following amendments:
Page 1, delete section 2
Page 2, delete subdivision 3
Page 3, delete section 4
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, delete everything before
"amending"
Correct the title numbers accordingly
With the recommendation that when so amended the
bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
H. F. No. 3722, A bill for an act relating to
economic development; providing military reservist economic injury loans;
defining terms; appropriating money; amending Minnesota Statutes 2007
Supplement, section 116L.17, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 116J.
Reported the same back with the following
amendments:
Page 4, after line 7, insert:
"Sec. 5.
DUPLICATE APPROPRIATIONS.
Unless another act explicitly provides otherwise,
appropriations made in this act and other acts must be implemented only once
even if the provision or a similar provision with the same fiscal effect in the
same fiscal year is included in another act.
This section applies to laws enacted in the 2008 regular session.
EFFECTIVE
DATE. This
section is effective the day following final enactment."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 3725, A bill for an act relating to
transportation; authorizing urban partnership agreements to provide for user
fees for use of high-occupancy vehicle lanes and dynamic shoulder lanes;
exempting commissioner of transportation from rulemaking regarding urban
partnership agreements, toll facilities, and final layouts for highways;
imposing penalties; appropriating money; amending Minnesota Statutes 2006,
sections 160.02, by adding a subdivision; 169.01, subdivision 31, by adding a
subdivision; 169.306; proposing coding for new law in Minnesota Statutes,
chapter 160.
Reported the same back with the following
amendments:
Delete everything after the enacting clause and
insert:
"Section 1.
Minnesota Statutes 2006, section 160.02, is amended by adding a
subdivision to read:
Subd. 30. Dynamic shoulder lane. "Dynamic shoulder lane" means the shoulder of a
freeway on which the commissioner may allow the operation of vehicles during
certain periods.
Sec. 2.
Minnesota Statutes 2006, section 160.93, is amended to read:
160.93
USER FEES; HIGH-OCCUPANCY VEHICLE AND DYNAMIC SHOULDER LANES.
Subdivision 1.
Fees authorized. To
improve efficiency and provide more options to individuals traveling in a trunk
highway corridor, the commissioner of transportation may charge user fees to
owners or operators of single-occupant vehicles using dynamic shoulder lanes
as designated by the commissioner and any designated high-occupancy vehicle
lanes. The fees may be collected using
electronic or other toll-collection methods and may vary in amount with the
time of day and level of traffic congestion within the corridor. The commissioner shall consult with the
Metropolitan Council and obtain necessary federal authorizations before
implementing user fees on a high-occupancy vehicle lane or dynamic shoulder
lane. Fees under this section are
not subject to section 16A.1283.
Subd. 2. Deposit
of revenues; appropriation. (a)
Except as provided in subdivision 2a, money collected from fees authorized
under subdivision 1 must be deposited in a high-occupancy vehicle lane user fee
account in the special revenue fund. A
separate account must be established for each trunk highway corridor. Money in the account is appropriated to the
commissioner.
(b) From this appropriation the commissioner shall
first repay the trunk highway fund and any other fund source for money spent to
install, equip, or modify the corridor for the purposes of subdivision 1, and
then shall pay all the costs of implementing and administering the fee
collection system for that corridor.
(c) The commissioner shall spend remaining money in
the account as follows:
(1) one-half must be spent for transportation
capital improvements within the corridor; and
(2) one-half must be transferred to the Metropolitan
Council for expansion and improvement of bus transit services within the
corridor beyond the level of service provided on the date of implementation of
subdivision 1.
Subd. 2a. I-35W high-occupancy vehicle and dynamic shoulder lane
account. (a) An I-35W
high-occupancy vehicle and dynamic shoulder lane account is established in the
special revenue fund. Money collected
from fees authorized under subdivision 1 for the marked Interstate Highway 35W
(I-35W) corridor must be deposited in the account and used as described in this
subdivision. Money in the account is
appropriated to the commissioner.
(b) During the first year of revenue operations, the
commissioner shall use the money received in that year to pay the costs of
operating and administering the fee collection system within the corridor, up
to $1,000,000. Any remaining money must
be transferred to the Metropolitan Council for improvement of bus transit
services within the I-35W corridor including transit capital expenses.
(c) During the second and subsequent years of
revenue operations, the commissioner shall use money in the account as follows:
(1) each year, allocate the lesser amount of
$1,000,000 or 75 percent of the revenues for operating and administering the
fee collection system within the corridor;
(2) transfer the remaining amount up to the amount
allocated under clause (1) to the Metropolitan Council for improvement of bus
transit within the corridor including capital expenses; and
(3) allocate any remaining amount as follows: (i) 25 percent to the commissioner for
operating and administering the fee collection system within the corridor and
for transportation capital improvements that are consistent with the goals of
the urban partnership agreement and that are located within the corridor and
(ii) 75 percent to the Metropolitan Council for improvement of bus transit
services within the corridor including transit capital expenses.
Subd. 3. Rules
exemption. With respect to this
section, the commissioner is exempt from statutory rulemaking requirements,
including section 14.386, and from sections 160.84 to 160.92 and 161.162 to
161.167.
Subd. 4. Prohibition. No person may operate a single-occupant
vehicle in a designated high-occupancy vehicle lane or dynamic shoulder lane
except in compliance with the requirements of the commissioner. A person who violates this subdivision is
guilty of a petty misdemeanor and is subject to sections 169.89, subdivisions
1, 2, and 4, and 169.891 and any other provision of chapter 169 applicable to
the commission of a petty misdemeanor traffic offense.
Subd. 5. Dynamic shoulder lanes. (a) The commissioner may designate dynamic shoulder lanes on
freeways. The commissioner may operate
dynamic shoulder lanes as priced lanes, general purpose lanes, high-occupancy
vehicle lanes, or as shoulders as defined in section 169.01, subdivision 73. The commissioner may prescribe the
conditions under which the lanes may be used.
(b) The commissioner may not operate a dynamic
shoulder lane on marked Trunk Highway 35W from its intersection with marked
Trunk Highway 94 to its intersection with marked Trunk Highway 62 as a general
purpose lane. A dynamic shoulder lane
along this portion of marked Trunk Highway 35W may only be used by:
(1) a vehicle with more than one occupant;
(2) a single-occupant vehicle if the fee under
subdivision 1 is paid;
(3) a transit bus providing public transit, as
defined in section 174.22, subdivision 7; and
(4) an authorized emergency vehicle, as defined in
section 169.01, subdivision 5.
(c) The commissioner shall erect signs to indicate
when the lanes may be used.
Sec. 3.
Minnesota Statutes 2006, section 169.01, subdivision 31, is amended to
read:
Subd. 31. Roadway. "Roadway" means that portion of a
highway improved, designed, or ordinarily used for vehicular travel, exclusive
of the sidewalk or shoulder. During
periods when the commissioner allows the use of dynamic shoulder lanes as
defined in subdivision 93, roadway includes that shoulder. In the event a highway includes two or
more separate roadways, the term "roadway" as used herein shall refer
to any such roadway separately but not to all such roadways collectively.
Sec. 4.
Minnesota Statutes 2006, section 169.01, is amended by adding a
subdivision to read:
Subd. 93. Dynamic shoulder lane. "Dynamic shoulder lane" has the meaning given in
section 160.02, subdivision 30.
Sec. 5.
Minnesota Statutes 2006, section 169.306, is amended to read:
169.306
USE OF SHOULDERS BY BUSES.
(a) The commissioner of transportation may permit
the use by transit buses and metro mobility buses of a shoulder of a freeway or
expressway, as defined in section 160.02, in the seven-county metropolitan
area.
(b) If the commissioner permits the use of a freeway
or expressway shoulder by transit buses, the commissioner shall also permit the
use on that shoulder of a bus with a seating capacity of 40 passengers or more
operated by a motor carrier of passengers, as defined in section 221.011,
subdivision 48, while operating in intrastate commerce.
(c) Buses authorized to use the shoulder under this
section may be operated on the shoulder only when main line traffic speeds are
less than 35 miles per hour. Drivers of
buses being operated on the shoulder may not exceed the speed of main line
traffic by more than 15 miles per hour and may never exceed 35 miles per
hour. Drivers of buses being operated
on the shoulder must yield to merging, entering, and exiting traffic and must
yield to other vehicles on the shoulder.
Buses operated on the shoulder must be registered with the Department of
Transportation.
(d) For the purposes of this section, the term
"metro mobility bus" means a motor vehicle of not less than 20 feet
in length engaged in providing special transportation services under section
473.386 that is:
(1) operated by the Metropolitan Council, or
operated by a public or private entity receiving financial assistance from the
Metropolitan Council; and
(2) authorized by the council to use freeway or
expressway shoulders.
(e) This section does not apply to the operation of
buses on dynamic shoulder lanes.
Sec. 6. REPORT
ON URBAN PARTNERSHIP AGREEMENT.
By January 15, 2009, and on January 15 each year
through 2014, the commissioner of transportation, in conjunction with the
Metropolitan Council, shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation concerning
the status of the state's participation in the urban partnership
agreement. The report must:
(1) present the elements of congestion reduction
strategies to be implemented under the urban partnership agreement;
(2) summarize average daily traffic and congestion
levels on affected roadways;
(3) summarize transit usage in affected corridors;
(4) identify the costs of participation and the
sources of funding secured or to be secured;
(5) include information on revenues and expenditures
under the urban partnership agreement;
(6) summarize any user fees collected on I-35W
high-occupancy vehicle and dynamic shoulder lanes; and
(7) recommend any further legislative action
necessary for the successful implementation and operation of the urban
partnership agreement.
Sec. 7. EFFECTIVE
DATE.
Sections 1 to 6 are effective the day following
final enactment."
Delete the title and insert:
"A bill for an act relating to transportation;
authorizing urban partnership agreements to provide for user fees for use of
high-occupancy vehicle lanes and dynamic shoulder lanes; appropriating money;
amending Minnesota Statutes 2006, sections 160.02, by adding a subdivision;
160.93; 169.01, subdivision 31, by adding a subdivision; 169.306."
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
H. F. No. 3902, A bill for an act relating to the
operation of state government; making certain changes in agriculture, fuel, and
veterans policy; establishing or changing certain programs, requirements, and
procedures; regulating certain activities; establishing a planning group and a
working group; amending Minnesota Statutes 2006, sections 13.785, by adding a
subdivision; 18B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305,
subdivision 2; 18E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.08;
28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
41D.01, subdivision 4; 97A.028, subdivision 3; 148.01, subdivision 1, by adding
subdivisions; 196.021; 196.03; 197.236; 198.32, subdivision 1; 239.77, as
amended; 349.12, subdivision 3a; 609.115, by adding a subdivision; Minnesota
Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26,
subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791, subdivisions 1,
4, 5; 296A.01, subdivision 8a; Laws 2007, chapter 45, article 1, section 3,
subdivisions 3, 4, 5; proposing coding for new law in Minnesota Statutes,
chapters 17; 32; 148; 192; 196; 197; repealing Minnesota Statutes 2006,
sections 197.236, subdivisions 7, 10; 198.001, subdivisions 6, 9; 198.002,
subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2;
Minnesota Statutes 2007 Supplement, sections 41A.105, subdivision 5; 198.002,
subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart
15.
Reported the same back with the following
amendments:
Page 35, after line 10, insert:
"Sec. 33.
2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
For the 2008 Family Motor Coach Association event
held on the State Fair grounds, the fee the State Agricultural Society must
obtain for expansion of the recreational camping area license, as required in
Minnesota Statutes, section 327.15, shall be 50 percent of the primary license
fee prescribed in Minnesota Rules, part 4630.2000."
Page 46, line 28, after the semicolon, insert "or"
Renumber the sections in sequence and correct the
internal references
Amend the title as follows:
Page 1, line 5, after the semicolon, insert
"appropriating money;"
Correct the title numbers accordingly
With the recommendation that when so amended the
bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
H. F. No. 4189, A bill for an act relating to
convention and events centers in the cities of the first class; requiring a
study and report to the 2009 legislature.
Reported the same back with the following
amendments:
Page 1, line 14, delete "and"
Page 1, line 15, after "fund"
insert "; and
(5) the economic impact of the facilities on the
surrounding communities"
Page 1, line 16, delete "(d)" and
insert "(c)"
Amend the title accordingly
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Taxes.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
S. F. No. 2866, A bill for an act relating to
telecommunications; requiring the Department of Commerce to produce a statewide
inventory of broadband service.
Reported the same back with the following
amendments:
Delete everything after the enacting clause and
insert:
"Section 1.
BROADBAND MAPPING PROJECT.
Subdivision 1. Project. The commissioner of commerce shall
contract with a nonprofit organization that has significant experience working
with broadband providers to develop Geographical Information System maps
displaying levels of broadband service by connection speed and type of
technology used and integrating the maps with demographic information to
produce a comprehensive statewide inventory and mapping of existing broadband
service and capability.
Subd. 2. Mapping. Data
must be collected from broadband providers and entered into a geographic
information system to produce maps that, for the state of Minnesota and any
defined geographical entity within it, clearly convey the following
information:
(1) areas unserved by any broadband provider;
(2) areas served by a single broadband provider;
(3) the location of towers used to transmit and
receive broadband signals;
(4) actual upstream and downstream transmission
speeds at the county level of detail;
(5) areas served by multiple broadband providers;
and
(6) the types of technology used to provide broadband
service.
The
data used to produce the maps must be capable of being integrated with
demographic data from other sources including, but not limited to, population
density and household income to allow for the production of maps that measure,
down to the census block level of detail, various characteristics of residents
in areas receiving different levels of broadband services and utilizing
different technologies. Data provided
by a broadband provider to the contractor under this subdivision is nonpublic
data under Minnesota Statutes, section 13.02, subdivision 9. Maps produced under this subdivision are
public data under Minnesota Statutes, section 13.03.
For the purposes of this section,
"technology" or "technologies" means different methods of
connecting to the Internet including, but not limited to, cable modem, DSL,
ADSL, VDSL, and fiber optics.
Sec. 2. APPROPRIATION.
Notwithstanding Minnesota Statutes, section 237.52,
subdivision 5, $175,000 is appropriated from the telecommunications access Minnesota
fund to the commissioner of commerce for the purposes of section 1.
EFFECTIVE
DATE. This
section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to
telecommunications; providing for a broadband mapping project; appropriating
money."
With the recommendation that when so amended the
bill pass and be re-referred to the Committee on Ways and Means.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
S. F. No. 3061, A bill for an act relating to
environment; modifying Petrofund program; amending Minnesota Statutes 2006,
sections 115C.04, subdivision 3; 115C.09, subdivision 3h, by adding a
subdivision; repealing Minnesota Statutes 2006, section 115C.09, subdivision
3j.
Reported the same back with the following
amendments:
Delete everything after the enacting clause and
insert:
"Section 1.
Minnesota Statutes 2006, section 115C.04, subdivision 3, is amended to
read:
Subd. 3. Agency
Cost recovery; subrogation.
Reasonable and necessary expenses incurred by the agency in taking a
corrective action, including costs of investigating a release, administrative
and legal expenses, and reimbursement costs described in subdivision 1,
paragraph (b), may be recovered in a civil action in district court brought by
the attorney general board against a responsible person. The agency's certification of expenses is
prima facie evidence that the expenses are reasonable and necessary. If the responsible person has petroleum tank
leakage or spill insurance coverage that insures against the liability provided
in this section, the agency board is subrogated to the rights of
the responsible person with respect to that insurance coverage, to the extent
of the expenses incurred by the agency and described in this subdivision. The agency board may request
the attorney general to bring an action in district court against the insurer
to enforce this subrogation right.
Expenses that are recovered under this section must be deposited in the
fund.
Sec. 2.
Minnesota Statutes 2006, section 115C.09, subdivision 3h, is amended to
read:
Subd. 3h. Reimbursement;
aboveground tanks in bulk plants.
(a) As used in this subdivision, "bulk plant" means an
aboveground or underground tank facility with a storage capacity of more than
1,100 gallons but less than 1,000,000 gallons that is used to dispense
petroleum into cargo tanks for transportation and sale at another location.
(b) Notwithstanding any other provision in this
chapter and any rules adopted pursuant to this chapter, the board shall
reimburse 90 percent of an applicant's cost for bulk plant upgrades or closures
completed between June 1, 1998, and November 1, 2003, to comply with Minnesota
Rules, chapter 7151, provided that the board determines the costs were incurred
and reasonable. The reimbursement may
not exceed $10,000 per bulk plant. The
board may provide reimbursement under this paragraph for work completed after
November 1, 2003, if the work was contracted for prior to that date and was not
completed by that date as a result of an unanticipated situation, provided that
an application for reimbursement under this paragraph, which may be a renewal
of an application previously denied, is submitted prior to December 31, 2005.
(c) For corrective action at
a bulk plant located on what is or was railroad right-of-way, the board shall
reimburse 90 percent of total reimbursable costs on the first $40,000 of
reimbursable costs and 100 percent of any remaining reimbursable costs when the
applicant can document that more than one bulk plant was operated on the same
section of right-of-way, as determined by the commissioner of commerce.
Sec. 3.
Minnesota Statutes 2006, section 115C.09, is amended by adding a
subdivision to read:
Subd. 3k. PVC piping at residential locations. (a) The purpose of this subdivision is to
assist homeowners who have installed PVC fill piping as part of the heating oil
system at their residences, not knowing that heating oil has been shown to
dissolve certain types of glue used to hold PVC piping together. Replacement of the PVC piping with metal
piping is intended to avoid the catastrophic release of heating oil, as well as
the ensuing cleanup costs, that can occur at residences where the PVC piping
fails.
(b) As used in this subdivision:
(1) "residential locations" means a
storage tank and appurtenances for heating oil that are used to heat a
single-family residence; and
(2) "qualified person" means someone who
is registered as a contractor under section 115C.11 and, as part of their trade
or business, installs or repairs nonpressure piping, heating systems, air
conditioning systems, or storage tank systems.
(c) Notwithstanding any other provision of this
chapter or any rules adopted under this chapter, the board shall reimburse a
qualified person 90 percent of the cost for replacing PVC fill piping with
metal piping at residential locations between May 1, 2008, and September 1,
2011, provided that the board determines the costs were incurred and reasonable. The reimbursement may not exceed $250 per
residential location. The maximum
expenditure from the fund may not exceed $1,500,000.
(d) A heating oil vendor is not a responsible person
for a heating oil spill inside a residential location if the spill was caused
solely by the failure of a tank or appurtenance to a tank owned by the
homeowner.
Sec. 4. REPEALER.
Minnesota Statutes 2006, section 115C.09,
subdivision 3j, is repealed."
With the recommendation that when so amended the
bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was
referred:
S. F. No. 3158, A bill for an act relating to
commerce; requiring Explore Minnesota Tourism to study vacation rental lodging;
creating definitions; requiring a report.
Reported the same back with the recommendation that
the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
S. F. No. 3337, A bill for an act relating to
energy; creating coordinated process for reducing greenhouse gas emissions;
proposing coding for new law in Minnesota Statutes, chapter 216H.
Reported the same back with the recommendation that
the first unofficial engrossment pass.
The report was adopted.
Solberg from the Committee on Ways and Means to
which was referred:
S. F. No. 3669, A bill for an act relating to
transportation; requiring report on mitigating effects of transportation
construction projects on small businesses.
Reported the same back with the recommendation that
the first unofficial engrossment pass.
The report was adopted.
Pelowski from the Committee on Governmental Operations, Reform,
Technology and Elections reported on the following appointment which had been
referred to the committee by the speaker:
CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD
A.
Hilda Bettermann
Reported the same back with the recommendation that the
appointment be confirmed.
Pelowski moved that the report of the Committee on Governmental
Operations, Reform, Technology and Elections relating to the appointment of A.
Hilda Bettermann to the Campaign Finance and Public Disclosure Board be
adopted. The motion prevailed and the
report was adopted.
CONFIRMATION
Pelowski moved that the House, having advised, do now consent
to and confirm the appointment of A. Hilda Bettermann, 8435 Sara Road
Northwest, Brandon, Minnesota 56315 in the County of Douglas, effective January
14, 2008, for a four-year term expiring January 2, 2012. The motion prevailed and the appointment of
A. Hilda Bettermann was confirmed by the House.
Pelowski from the Committee on Governmental Operations, Reform,
Technology and Elections reported on the following appointment which had been
referred to the committee by the speaker:
CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD
Felicia
Boyd
Reported the same back with the recommendation that the
appointment be confirmed.
Pelowski moved that the report of the Committee on Governmental
Operations, Reform, Technology and Elections relating to the appointment of
Felicia Boyd to the Campaign Finance and Public Disclosure Board be
adopted. The motion prevailed and the
report was adopted.
CONFIRMATION
Pelowski moved that the House, having advised, do now consent
to and confirm the appointment of Felicia Boyd,
22399 Wagonwheel Trail, Lakeville, Minnesota 55044 in the County of Dakota,
effective January 14, 2008, for a four-year term expiring January 2,
2012. The motion prevailed and the
appointment of Felicia Boyd was
confirmed by the House.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 615, 2998, 3195, 3343, 3505,
3585, 3722 and 3902 were read for the second time.
SECOND
READING OF SENATE BILLS
S. F. Nos. 3001, 3698, 3061, 3158, 3337
and 3669 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Lenczewski and Lieder introduced:
H. F. No. 4204, A bill for an act relating to taxation;
increasing the maximum levy of housing and redevelopment authorities; amending
Minnesota Statutes 2006, section 469.033, subdivision 6.
The bill was read for the first time and referred to the
Committee on Taxes.
Sailer introduced:
H. F. No. 4205, A bill for an act relating to environment;
prohibiting certain charges by the Pollution Control Agency for services regarding
voluntary response actions on contaminated land; amending Minnesota Statutes
2006, section 115B.175, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
Dean introduced:
H. F. No. 4206, A bill for an act relating to health;
establishing a state policy for stem cell research; proposing coding for new
law in Minnesota Statutes, chapters 137; 145.
The bill was read for the first time and referred to the
Committee on Biosciences and Emerging Technology.
Atkins, Hilstrom, Johnson and Tillberry introduced:
H. F. No. 4207, A bill for an act relating to certain state
contracts; requiring full enforcement of certain agreements between the state
and an airline company.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
MESSAGES
FROM THE SENATE
The following messages were received from
the Senate:
Madam
Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 3477, A bill for an act relating
to manufactured housing; providing for regulation of lending practices and
default; providing notices and remedies; amending Minnesota Statutes 2006,
sections 327.64, subdivision 2; 327.65; 327.66; 327B.01, by adding
subdivisions; 327B.08, by adding a subdivision; 327B.09, by adding a
subdivision; 327B.12; proposing coding for new law in Minnesota Statutes,
chapters 327; 327B.
The Senate has appointed as such
committee:
Senators Marty, Jungbauer and Scheid.
Said House File is herewith returned to
the House.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 3500, A bill for an act relating to business
organizations; proposing technical amendments to the Business Corporations Act,
the Limited Liability Company Act, and the Uniform Limited Partnership Act of
2001; authorizing the formation of nonprofit limited liability companies;
amending Minnesota Statutes 2006, sections 302A.011, subdivisions 17, 50;
302A.111, subdivisions 2, 3, 4; 302A.231, subdivisions 2, 3; 302A.237;
302A.241, subdivision 1; 302A.255, subdivision 1; 302A.449, subdivision 3;
302A.471, subdivision 3; 302A.521, subdivision 1; 302A.553, subdivision 1;
302A.701; 302A.721; 321.1206; 322B.03, subdivisions 20, 32, by adding a
subdivision; 322B.10; 322B.11; 322B.35, subdivision 3; 322B.363, subdivision 3;
322B.643, subdivisions 2, 3; 322B.66, subdivision 1; 322B.666, subdivision 1;
322B.699, subdivision 1; 322B.78; 322B.80, subdivision 1; 322B.806; 322B.90,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter
322B.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Lillie moved that the House concur in the Senate amendments to
H. F. No. 3500 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 3500, A bill for an act relating
to business organizations; proposing technical amendments to the Business
Corporations Act, the Limited Liability Company Act, and the Uniform Limited
Partnership Act of 2001; authorizing the formation of nonprofit limited
liability companies; amending Minnesota Statutes 2006, sections 290.01,
subdivision 3b; 302A.011, subdivisions 17, 50; 302A.111, subdivisions 2, 3, 4;
302A.231, subdivisions 2, 3; 302A.237; 302A.241, subdivision 1; 302A.255,
subdivision 1; 302A.449, subdivision 3; 302A.471, subdivision 3; 302A.521,
subdivision 1; 302A.553, subdivision 1; 302A.701; 302A.721; 321.1206; 322B.03,
subdivisions 20, 32, by adding a subdivision; 322B.10; 322B.11; 322B.35,
subdivision 3; 322B.363, subdivision 3; 322B.643, subdivisions 2, 3; 322B.66,
subdivision 1; 322B.666, subdivision 1; 322B.699, subdivision 1; 322B.78;
322B.80, subdivision 1; 322B.806; 322B.90, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 322B.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 124 yeas
and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Those who voted in the negative were:
Buesgens
Drazkowski
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 2368, A bill for an act relating to human services;
requiring the commissioner to notify the legislature prior to the closure or
transfer of an enterprise activity; amending Minnesota Statutes 2006, section
246.0136, by adding a subdivision.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Koering, Berglin and Lourey.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Ward moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2368. The motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 2390, A bill for an act relating to consumer
protection; modifying restrictions on the collection and use of Social Security
numbers; amending Minnesota Statutes 2006, section 325E.59, subdivision 3;
Minnesota Statutes 2007 Supplement, section 325E.59, subdivision 1.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Betzold, Scheid and Pariseau.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Hilstrom moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on
S. F. No. 2390. The
motion prevailed.
Madam Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 3235, A bill for an act relating to data practices;
classifying data and authorizing data sharing; making technical changes;
regulating practices of business screening services; providing for civil
penalties and remedies; amending Minnesota Statutes 2006, sections 6.715, by
adding a subdivision; 13.03, subdivision 3; 13.32, by adding a subdivision;
123B.03, subdivisions 2, 3, by adding a subdivision; 260B.171, subdivision 5;
518.10; Minnesota Statutes 2007 Supplement, section 13.39, subdivisions 2, 2a;
proposing coding for new law in Minnesota Statutes, chapter 332.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has
appointed as such committee:
Senators Olson, M.; Moua; Betzold; Scheid and Limmer.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Simon moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 5
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 3235. The motion prevailed.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Monday, April 21, 2008:
S. F. No. 3218; H. F. No. 3134;
S. F. Nos. 3775, 2775, 3441, 2511, 3132 and 3213;
H. F. Nos. 3376 and 3493; and S. F. No. 3174.
CALENDAR FOR THE DAY
S. F. No. 2597 was reported
to the House.
Bigham moved to amend S. F.
No. 2597, the second engrossment, as follows:
Page 1, line 10, after
"school" insert "board or other"
Page 1, line 12, after
"school" insert "board or other"
Page 1, delete line 14 and
insert "that sexual misconduct or attempted sexual misconduct occurred"
Page 1, line 16, delete
"conduct" and insert "misconduct" and after
"school" insert "board or other"
Page 1, line 17, delete
"sections" and insert "section" and delete
", and 13.43, subdivision 2,"
Page 1, line 18, after
"school" insert "board or other"
Page 1, delete line 21, and
insert "license as a result of sexual misconduct or attempted sexual"
Page 1, line 22, delete
"conduct" and insert "misconduct"
Page 2, line 2, after
"school" insert "board or other"
Page 2, line 6, after
"school" insert "board or other"
The motion prevailed and the amendment was
adopted.
Emmer moved to amend S. F.
No. 2597, the second engrossment, as amended, as follows:
Page 1, after line 6,
insert:
"Section 1. Minnesota Statutes 2006, section 122A.40,
subdivision 13, is amended to read:
Subd. 13. Immediate
discharge. (a) Except as otherwise
provided in paragraph (b), a board may discharge a continuing-contract teacher,
effective immediately, upon any of the following grounds:
(1) immoral conduct,
insubordination, or conviction of a felony;
(2) conduct unbecoming a
teacher which requires the immediate removal of the teacher from classroom or
other duties;
(3) failure without
justifiable cause to teach without first securing the written release of the
school board;
(4) gross inefficiency which
the teacher has failed to correct after reasonable written notice;
(5) willful neglect of duty;
or
(6) continuing physical or
mental disability subsequent to a 12 months leave of absence and inability to
qualify for reinstatement in accordance with subdivision 12.
For purposes of this
paragraph, conduct unbecoming a teacher includes an unfair discriminatory
practice described in section 363A.13.
Prior to discharging a
teacher under this paragraph, the board must notify the teacher in writing and
state its ground for the proposed discharge in reasonable detail. Within ten days after receipt of this
notification the teacher may make a written request for a hearing before the
board and it shall be granted before final action is taken. The board may, however, suspend a
teacher with pay pending the conclusion of such the hearing and
determination of the issues raised in the hearing after charges have been filed
which constitute ground for discharge. If
a teacher has been charged with a felony and the underlying conduct that is the
subject of the felony charge is a ground for a proposed immediate discharge,
the suspension pending the conclusion of the hearing and determination of the
issues may be without pay. If a hearing
under this paragraph is held, the board must reimburse the teacher for any
salary or compensation withheld if the final decision of the board or the
arbitrator does not result in a penalty on or suspension, termination, or
discharge of the teacher.
(b) A board must discharge a
continuing-contract teacher, effective immediately, upon receipt of notice
under section 122A.20, subdivision 1, paragraph (b), that the teacher's license
has been revoked due to a conviction for child abuse or sexual abuse.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
POINT OF ORDER
Bigham raised a point of order pursuant to
rule 3.21 that the Emmer amendment was not in order. Speaker pro tempore Juhnke ruled the point of order not well
taken and the Emmer amendment in order.
The Speaker assumed the Chair.
The question recurred on the Emmer
amendment and the roll was called. There
were 123 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson,
S.
Anzelc
Atkins
Beard
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy,
E.
Murphy,
M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson,
A.
Peterson,
N.
Peterson,
S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk.
Kelliher
Those who voted in the negative were:
Heidgerken
Slocum
Thissen
Walker
The motion prevailed and the amendment was
adopted.
S. F. No. 2597, A bill for an act relating to education;
requiring school boards to seek information from prospective teachers and the
Board of Teaching about disciplinary actions against the teachers; amending
Minnesota Statutes 2006, section 123B.03, subdivision 2, by adding a
subdivision.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 129 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Heidgerken
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3139 was reported
to the House.
Atkins moved to amend S.
F. No. 3139, the first engrossment, as
follows:
Page 1, line 6, after "uses"
insert "or sells"
The motion prevailed and the amendment was
adopted.
S. F. No. 3139, A bill for an act relating to crime;
establishing offense related to interfering with Internet ticket sales;
proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 119 yeas and 12
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Buesgens
Drazkowski
Emmer
Erickson
Finstad
Garofalo
Olson
Peppin
Seifert
Shimanski
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3214, A bill for an act relating to commerce;
clarifying the application of the Minnesota Residential Mortgage Originator and
Servicer Licensing Act; clarifying the investment authority of certain
insurers; amending Minnesota Statutes 2006, sections 58.02, subdivisions 18,
21; 58.14, subdivisions 3, 4, 5; 60A.11, subdivision 9.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson,
B.
Anderson,
S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy,
E.
Murphy,
M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson,
A.
Peterson,
N.
Peterson,
S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk.
Kelliher
The bill was passed and its title agreed
to.
S. F. No. 3154, A bill for an act relating to commerce;
regulating residential mortgage originators and services; verifying the
borrower's ability to pay; amending Minnesota Statutes 2007 Supplement, section
58.13, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 3342, A bill for an act relating to public safety;
providing for an e-charging service; requiring fingerprinting; amending
Minnesota Statutes 2006, sections 13.871, by adding a subdivision; 299C.10,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
299C.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 86 yeas and 45
nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
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
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
The bill was passed and its title agreed
to.
S. F. No. 3303 was reported to the House.
Dean moved to amend S. F.
No. 3303, the second engrossment, as follows:
Page 2, line 20, after the
period, insert "If H. F. 3220 is enacted during the 2008 regular
session, the city of Minneapolis must not make gifts or donations to the
corporation under the authority of that law."
A roll call was requested and properly seconded.
The question was taken on the Dean amendment and the roll was
called. There were 51 yeas and 80 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Anzelc
Beard
Benson
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Howes
Knuth
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Ruud
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Atkins
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kalin
Koenen
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
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Buesgens moved to amend S.
F. No. 3303, the second engrossment, as follows:
Page 2, line 5, after the
period, insert "A member of the board of directors of the corporation
is a public official for the purposes of Minnesota Statutes, section 10A.09."
A roll call was requested and properly seconded.
The question was taken on the Buesgens amendment and the roll
was called. There were 59 yeas and 72
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Benson
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hansen
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Juhnke
Kohls
Lenczewski
Magnus
McFarlane
McNamara
Morgan
Olson
Ozment
Paulsen
Pelowski
Peppin
Poppe
Ruth
Ruud
Scalze
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Greiling
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Kalin
Knuth
Koenen
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Rukavina
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Zellers moved to amend S. F. No. 3303, the second engrossment,
as follows:
Page 2, line 20, after the period, insert "The amount
of any contributions from the city of Minneapolis from governmental funds shall
be an offset against the city's certified aid payment under sections 477A.013,
subdivision 9, in the calendar year following the year in which the
contribution is made."
A roll call was requested and properly seconded.
The question was taken on the Zellers amendment and the roll
was called. There were 37 yeas and 94
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Kohls
Magnus
Morgan
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Smith
Wardlow
Wollschlager
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Holberg moved to amend S. F.
No. 3303, the second engrossment, as follows:
Page 2, line 20, after the
period, insert "The maximum value in aggregate of all contributions by
the city to the corporation must not exceed $50,000. This section expires June 30, 2010."
A roll call was requested and properly seconded.
The question was taken on the Holberg amendment and the roll
was called. There were 38 yeas and 93
nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Kohls
Magnus
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Seifert offered an amendment to S. F. No. 3303,
the second engrossment.
POINT
OF ORDER
Paymar raised a point of order pursuant to rule 3.21 that the
Seifert amendment was not in order. The
Speaker ruled the point of order well taken and the Seifert amendment out of
order.
Seifert appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
the Speaker stand as the judgment of the House?" and the roll was
called. There were 74 yeas and 56 nays
as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Clark
Davnie
Dominguez
Doty
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
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
Brod
Brown
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
So it was the judgment of the House that the decision of the
Speaker should stand.
Emmer moved to amend S. F.
No. 3303, the second engrossment, as follows:
Page 2, line 32, delete
"December"
Page 3, line 1, delete
"31" and insert "July 1"
The motion prevailed and the amendment was adopted.
Seifert offered an amendment to S. F. No. 3303,
the second engrossment, as amended.
POINT
OF ORDER
Sertich raised a point of order pursuant to rule 3.21 that the
Seifert amendment was not in order. The
Speaker ruled the point of order well taken and the Seifert amendment out of
order.
Seifert appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of
the Speaker stand as the judgment of the House?" and the roll was
called. There were 72 yeas and 59 nays
as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
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
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Hosch
Howes
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Zellers
So it was the judgment of the House that the decision of the
Speaker should stand.
S. F. No. 3303, A bill for an act relating to the city of
Minneapolis; authorizing the creation of a nonprofit riverfront revitalization
corporation; requiring a report.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 99 yeas and 33
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Holberg
Hoppe
Kohls
Magnus
Nornes
Olson
Seifert
Severson
Shimanski
Simpson
Smith
Wardlow
Westrom
Zellers
The bill was passed, as amended, and its title agreed to.
The Speaker called Juhnke to the Chair.
Severson was excused for the remainder of today's session.
S. F. No. 2403, A bill for an act relating to public safety;
modifying provision relating to disability of peace officer or firefighter;
amending Minnesota Statutes 2006, section 299A.465, subdivision 1.
The bill was read for the third time and placed upon its final
passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
S. F. No. 2876 was reported to the House.
Paymar moved to amend S. F. No. 2876, the fourth
engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 2906, the third engrossment:
"Section
1. Minnesota Statutes 2006, section
347.50, is amended by adding a subdivision to read:
Subd.
8. Provocation. "Provocation" means an act that
an adult could reasonably expect may cause a dog to attack or bite.
Sec.
2. Minnesota Statutes 2006, section
347.51, subdivision 2, is amended to read:
Subd.
2. Registration. An animal control authority shall issue a
certificate of registration to the owner of a dangerous dog if the owner
presents sufficient evidence that:
(1) a
proper enclosure exists for the dangerous dog and a posting on the premises
with a clearly visible warning sign, including a warning symbol to inform
children, that there is a dangerous dog on the property;
(2) a
surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the animal control authority in the sum of at least
$50,000 $300,000, payable to any person injured by the dangerous
dog, or a policy of liability insurance issued by an insurance company
authorized to conduct business in this state in the amount of at least $50,000
$300,000, insuring the owner for any personal injuries inflicted by the
dangerous dog;
(3)
the owner has paid an annual fee of not more than $500, in addition to any
regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section; and
(4)
the owner has had microchip identification implanted in the dangerous dog as
required under section 347.515.
Sec.
3. Minnesota Statutes 2006, section
347.51, subdivision 2a, is amended to read:
Subd.
2a. Warning symbol. If a
county an animal control authority issues a certificate of
registration to the owner of a dangerous dog pursuant to subdivision 2, the county
animal control authority must provide, for posting on the owner's property,
a copy of a warning symbol to inform children that there is a dangerous dog on
the
property. The design of the warning symbol must
be the uniform and specified symbol provided by the
commissioner of public safety, after consultation with animal control
professionals. The commissioner
shall provide the number of copies of the warning symbol requested by each
county the animal control authority and shall charge the county
animal control authority the actual cost of the warning symbols
received. The county animal
control authority may charge the registrant a reasonable fee to cover its
administrative costs and the cost of the warning symbol.
Sec.
4. Minnesota Statutes 2006, section
347.51, subdivision 3, is amended to read:
Subd.
3. Fee. The county animal control
authority may charge the owner an annual fee, in addition to any regular
dog licensing fees, to obtain a certificate of registration for a dangerous dog
under this section.
Sec.
5. Minnesota Statutes 2006, section
347.51, subdivision 7, is amended to read:
Subd.
7. Tag. A dangerous dog registered under this section
must have a standardized, easily identifiable tag identifying the dog as
dangerous and containing the uniform dangerous dog symbol, affixed to the dog's
collar at all times. The
commissioner of public safety, after consultation with animal control professionals,
shall provide by rule for the design of the tag.
Sec.
6. Minnesota Statutes 2006, section
347.51, subdivision 9, is amended to read:
Subd.
9. Contracted
services. A county An
animal control authority may contract with another political subdivision or
other person to provide the services required under sections 347.50 to 347.54
347.565. Notwithstanding any
contract entered into under this subdivision, all fees collected under sections
347.50 to 347.54 shall be paid to the county animal control authority
and all certificates of registration must be issued in the name of the county
animal control authority.
Sec.
7. Minnesota Statutes 2006, section
347.52, is amended to read:
347.52 DANGEROUS DOGS; REQUIREMENTS.
(a) An
owner of a dangerous dog shall keep the dog, while on the owner's property, in
a proper enclosure. If the dog is
outside the proper enclosure, the dog must be muzzled and restrained by a
substantial chain or leash and under the physical restraint of a responsible
person. The muzzle must be made in a
manner that will prevent the dog from biting any person or animal but that will
not cause injury to the dog or interfere with its vision or respiration.
(b) An
owner of a dangerous dog must renew the registration of the dog annually until
the dog is deceased. If the dog is
removed from the jurisdiction, it must be registered as a dangerous dog in its
new jurisdiction.
(c) An
owner of a dangerous dog must notify the animal control authority in writing of
the death of the dog or its transfer to a new jurisdiction location
where the dog will reside within 30 days of the death or transfer, and
must, if requested by the animal control authority, execute an affidavit under
oath setting forth either the circumstances of the dog's death and disposition
or the complete name, address, and telephone number of the person to whom the
dog has been transferred or the address where the dog has been relocated.
(d) An
animal control authority may shall require a dangerous dog to be
sterilized at the owner's expense. If
the owner does not have the animal sterilized within 30 days, the animal
control authority may shall seize the dog and have the animal
it sterilized at the owner's expense.
(e) A
person who owns a dangerous dog and who rents property from another where the
dog will reside must disclose to the property owner prior to entering the lease
agreement and at the time of any lease renewal that the person owns a dangerous
dog that will reside at the property.
(f) A
person who sells transfers ownership of a dangerous dog must
notify the purchaser new owner that the animal control authority
has identified the dog as dangerous.
The seller current owner must also notify the animal
control authority in writing of the sale transfer of ownership
and provide the animal control authority with the new owner's name, address,
and telephone number.
Sec.
8. Minnesota Statutes 2006, section
347.53, is amended to read:
347.53 POTENTIALLY DANGEROUS AND DANGEROUS
DOGS.
Any
statutory or home rule charter city, or any county, may regulate potentially
dangerous and dangerous dogs.
Except as provided in section 347.51, subdivision 8, nothing in sections
347.50 to 347.54 347.565 limits any restrictions that the
local jurisdictions may place on owners of potentially dangerous or
dangerous dogs.
Sec.
9. Minnesota Statutes 2006, section
347.54, subdivision 1, is amended to read:
Subdivision
1. Seizure. (a) The animal control authority having
jurisdiction shall immediately seize any dangerous dog if:
(1)
after 14 days after the owner has notice that the dog is dangerous, the dog is
not validly registered under section 347.51;
(2)
after 14 days after the owner has notice that the dog is dangerous, the owner
does not secure the proper liability insurance or surety coverage as required
under section 347.51, subdivision 2;
(3)
the dog is not maintained in the proper enclosure; or
(4)
the dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under section 347.52.; or
(5)
the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph
(d).
(b) If
an owner of a dog is convicted of a crime for which the dog was originally
seized, the court may order that the dog be confiscated and destroyed in a
proper and humane manner, and that the owner pay the costs incurred in
confiscating, confining, and destroying the dog.
Sec.
10. Minnesota Statutes 2006, section
347.54, subdivision 3, is amended to read:
Subd.
3. Subsequent
offenses; seizure. If a person has
been convicted of a misdemeanor for violating a provision of section 347.51,
347.515, or 347.52, and the person is charged with a subsequent violation
relating to the same dog, the dog must be seized by the animal control
authority having jurisdiction. If the
owner is convicted of the crime for which the dog was seized, the court shall
order that the dog be destroyed in a proper and humane manner and the owner pay
the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog
was seized, the owner may reclaim the dog upon payment to the animal control
authority of a fee for the care and boarding of the dog. If the owner is found not guilty and
the dog is not reclaimed by the owner within seven days after the owner has
been notified that the dog may be reclaimed, the dog may be disposed of as
provided under section 35.71, subdivision 3, and the owner is liable to the
animal control authority for the costs incurred in confining, impounding, and
disposing of the dog.
Sec.
11. [347.541] DISPOSITION OF SEIZED ANIMALS.
Subdivision
1. Hearing. The owner of any dog declared dangerous
has the right to a hearing by an impartial hearing officer.
Subd.
2. Security. A
person claiming an interest in a seized dog may prevent disposition of the dog
by posting security in an amount sufficient to provide for the dog's actual
cost of care and keeping. The security
must be posted within 14 days of the seizure inclusive of the date of the
seizure.
Subd.
3. Notice. (a) The authority declaring the dog
dangerous shall give notice of this section by delivering or mailing it to the
owner of the dog, or by posting a copy of it at the place where the dog is
kept, or by delivering it to a person residing on the property, and
telephoning, if possible. The notice
must include:
(1)
a description of the seized dog; the authority for and purpose of the dangerous
dog declaration and seizure; the time, place, and circumstances under which the
dog was declared dangerous; and the telephone number and contact person where
the dog is kept;
(2)
a statement that the owner of the dog may request a hearing concerning the
dangerous dog declaration and, if applicable, prior potentially dangerous dog
declarations for the dog, and that failure to do so within 14 days of the date
of the notice will terminate the owner's right to a hearing under this section;
(3)
a statement that if an appeal request is made within 14 days of the notice, the
owner must immediately comply with the requirements of section 347.52,
paragraphs (a) and (c), and until such time as the hearing officer issues an
opinion;
(4)
a statement that if the hearing officer affirms the dangerous dog declaration,
the owner will have 14 days from receipt of that decision to comply with all
other requirements of sections 347.51, 347.515, and 347.52;
(5)
a form that can be used by the owner of the dog that was seized for requesting
a hearing under this subdivision; and
(6)
a statement that all actual costs of the care, keeping, and disposition of the
dog are the responsibility of the person claiming an interest in the dog,
except to the extent that a court or hearing officer finds that the seizure or
impoundment was not substantially justified by law.
Subd.
4. Right
to hearing. Any hearing must
be held within 30 days of the request to determine the validity of the
dangerous dog declaration. The hearing
officer must be an impartial employee of the local government or an impartial
person retained by the local government to conduct the hearing. In the event that the dangerous dog
declaration is upheld by the hearing officer, actual expenses of the hearing up
to a maximum of $1,000 will be the responsibility of the dog's owner. The hearing officer shall issue a decision on
the matter within ten days after the hearing.
The decision must be delivered to the dog's owner by hand delivery or
registered mail as soon as practical and a copy must be provided to the animal
control authority.
Sec.
12. [347.542] RESTRICTIONS.
Subdivision
1. Dog
ownership prohibited. Except
as provided in subdivision 3, no person may own a dog if the person has:
(1)
been convicted of a third or subsequent violation of section 347.51, 347.515,
or 347.52;
(2)
been convicted of a violation under section 609.205, clause (4);
(3)
been convicted of a gross misdemeanor under section 609.226, subdivision 1;
(4)
been convicted of a violation under section 609.226, subdivision 2; or
(5)
had a dog ordered destroyed under section 347.56 and been convicted of one or
more violations of section 347.51, 346.515, 347.52, or 609.226, subdivision 2.
Subd.
2. Household
members. No member of a
household may own a dog where a person resides who is prohibited from dog
ownership under subdivision 1.
Subd.
3. Dog
ownership prohibition review. Beginning
three years after a conviction under subdivision 1 that prohibits a person from
owning a dog, and annually thereafter, the person may request that the animal
control authority review the prohibition.
The animal control authority may consider such facts as the seriousness
of the violation or violations that led to the prohibition, any criminal
convictions, or other facts that the animal control authority deems
appropriate. The animal control
authority may rescind the prohibition entirely or rescind it with
limitations. The animal control
authority also may establish conditions a person must meet before the
prohibition is rescinded, including, but not limited to, successfully
completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition
and the person subsequently fails to comply with any limitations imposed by the
animal control authority or the person is convicted of any animal violation
involving unprovoked bites or dog attacks, the animal control authority may
permanently prohibit the person from owning a dog in this state.
Sec.
13. Minnesota Statutes 2006, section
347.55, is amended to read:
347.55 PENALTY.
(a) Any
A person who violates any a provision of section 347.51,
347.515, or 347.52 is guilty of a misdemeanor.
(b) It
is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a dangerous dog, to fail to
account for a dangerous dog's death or removal from the jurisdiction
change of location where the dog will reside, to sign a false affidavit
with respect to a dangerous dog's death or removal from the jurisdiction
change of location where the dog will reside, or to fail to disclose ownership
of a dangerous dog to a property owner from whom the person rents property.
(c)
A person who is convicted of a second or subsequent violation of paragraph (a)
or (b) is guilty of a gross misdemeanor.
(d)
An owner who violates section 347.542, subdivision 1, is guilty of a gross
misdemeanor.
(e)
Any household member who knowingly violates section 347.542, subdivision 2, is
guilty of a gross misdemeanor.
Sec.
14. Minnesota Statutes 2006, section
347.56, is amended to read:
347.56 DESTRUCTION OF DOG IN CERTAIN
CIRCUMSTANCES.
Subdivision
1. Circumstances. Notwithstanding sections 347.51 to 347.55, a
dog that inflicted substantial or great bodily harm on a human being on
public or private property without provocation may be destroyed in a proper and
humane manner by the animal control authority.
The animal control authority may not destroy the dog until the dog owner
has had the opportunity for a hearing before an impartial decision maker.
may be destroyed in a proper and humane manner by the animal control authority
if the dog:
(1)
inflicted substantial or great bodily harm on a human on public or private
property without provocation;
(2)
inflicted multiple bites on a human on public or private property without
provocation;
(3)
bit multiple human victims on public or private property in the same attack
without provocation; or
(4)
bit a human on public or private property without provocation in an attack
where more than one dog participated in the attack.
Subd.
2. Hearing. The animal control authority may not
destroy the dog until the dog owner has had the opportunity for a hearing
before an impartial decision maker. The
definitions in section 347.50 and the exemptions under section 347.51,
subdivision 5, apply to this section.
Sec.
15. [347.565] APPLICABILITY.
Sections
347.50 to 347.56 must be enforced by animal control authorities or law
enforcement agencies, whether or not these sections have been adopted into
local ordinance."
Delete the title and insert:
"A bill for an act relating to animals; changing
provisions regulating dangerous dogs; imposing penalties; amending Minnesota
Statutes 2006, sections 347.50, by adding a subdivision; 347.51, subdivisions
2, 2a, 3, 7, 9; 347.52; 347.53; 347.54, subdivisions 1, 3; 347.55; 347.56; proposing
coding for new law in Minnesota Statutes, chapter 347."
The motion prevailed and the amendment was adopted.
Thao moved to amend S. F.
No. 2876, the fourth engrossment, as amended, as follows:
Page 2, line 23, before
"A" insert "(a)"
Page 2, after line 27,
insert:
"(b) A dangerous dog
registered under this section in the seven-county metropolitan area must wear
the tag required under paragraph (a), attached to a bright red collar."
The motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Urdahl was excused for the remainder of today's session.
S. F. No. 2876, A bill for an act relating to animals; changing
provisions regulating dangerous dogs and dogs at certain establishments;
imposing penalties; amending Minnesota Statutes 2006, sections 347.50, by
adding a subdivision; 347.51, subdivisions 2, 2a, 3, 4, 7, 9; 347.52; 347.53;
347.54, subdivisions 1, 3; 347.55; 347.56; proposing coding for new law in
Minnesota Statutes, chapters 157; 347.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed, as amended, and its title agreed to.
Anderson, S., was excused for the remainder of today's session.
S. F. No. 3166 was reported to the House.
Walker moved to amend S. F. No. 3166, the third
engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 3564, the second engrossment:
"Section
1. Minnesota Statutes 2007 Supplement,
section 245C.14, subdivision 1, is amended to read:
Subdivision
1. Disqualification
from direct contact. (a) The commissioner
shall disqualify an individual who is the subject of a background study from
any position allowing direct contact with persons receiving services from the
license holder or entity identified in section 245C.03, upon receipt of
information showing, or when a background study completed under this chapter
shows any of the following:
(1) a
conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony,
gross misdemeanor, or misdemeanor level crime;
(2) a
preponderance of the clear and convincing evidence indicates the
individual has committed an act or acts that meet the definition of any of the
crimes listed in section 245C.15, regardless of whether the preponderance of
the clear and convincing evidence is for a felony, gross
misdemeanor, or misdemeanor level crime; or
(3) an
investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).
(b) No
individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct
contact with persons served by a program or entity identified in section
245C.03, unless the commissioner has provided written notice under section
245C.17 stating that:
(1)
the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21,
subdivision 2;
(2)
the commissioner has set aside the individual's disqualification for that
program or entity identified in section 245C.03, as provided in section
245C.22, subdivision 4; or
(3)
the license holder has been granted a variance for the disqualified individual
under section 245C.30.
Sec.
2. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 2, is amended to read:
Subd.
2. 15-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than 15 years have passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a
felony-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision
10, paragraph (c) (federal Food Stamp Program fraud); 609.165 (felon ineligible
to possess firearm); 609.21 (criminal vehicular homicide and injury); 609.215
(suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat
offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed
for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs
to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false
imprisonment); 609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree); 609.267
(assault of an unborn child in the first degree); 609.2671 (assault of an
unborn child in the second degree); 609.268 (injury or death of an unborn child
in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce);
609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b (aggravated
first degree or first degree tampering with a witness); 609.52 (theft); 609.521
(possession of shoplifting gear); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of
burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery);
609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635
(obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67
(machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71
(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not
involving a minor; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 624.713
(certain persons not to possess firearms); chapter 152 (drugs; controlled
substance); or a felony-level conviction involving alcohol or drug use.
(b) An
individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a), as each of these offenses
is defined in Minnesota Statutes.
(c)
For foster care and family child care an individual is disqualified under
section 245C.14 if less than 15 years has passed since the individual's voluntary
termination of the individual's parental rights under section 260C.301,
subdivision 1, paragraph (b), or 260C.301, subdivision 3.
(d) An
individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of the offenses listed in paragraph (a).
(e) If
the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the
individual is disqualified but the disqualification look-back period for the
offense is the period applicable to the gross misdemeanor or misdemeanor
disposition.
(f)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is
based on a preponderance of clear and convincing evidence of a
disqualifying act, the disqualification date begins from the date of the
dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever
occurs last.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 3, is amended to read:
Subd.
3. Ten-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than ten years have passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a gross
misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21
(criminal vehicular homicide and injury); 609.221 or 609.222 (assault in the
first or second degree); 609.223 or 609.2231 (assault in the third or fourth
degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2,
paragraph (c) (assault in the fifth degree by a caregiver against a vulnerable
adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.265
(abduction); 609.275 (attempt to coerce); 609.324, subdivision 1a (other
prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of
a child); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks); 609.582 (burglary);
609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631
(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71
(riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult);
repeat offenses under 609.746 (interference with privacy); 609.749, subdivision
2 (harassment; stalking); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a
minor; 617.241 (obscene materials and performances); 617.243 (indecent
literature, distribution); 617.293 (harmful materials; dissemination and
display to minors prohibited); or violation of an order for protection under
section 518B.01, subdivision 14.
(b) An
individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a), as each of these offenses
is defined in Minnesota Statutes.
(c) An
individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of any of the offenses listed in paragraph (a).
(d) If
the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a misdemeanor disposition, the individual
is disqualified but the disqualification lookback period for the offense is the
period applicable to misdemeanors.
(e)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an
admission in court. When a
disqualification is based on a preponderance of clear and convincing
evidence of a disqualifying act, the disqualification date begins from the date
of the dismissal, the date of discharge of the sentence imposed for a
conviction for a disqualifying crime of similar elements, or the date of the
incident, whichever occurs last.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 245C.15, subdivision 4, is amended to read:
Subd.
4. Seven-year
disqualification. (a) An individual
is disqualified under section 245C.14 if:
(1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a
misdemeanor-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal
vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242
(domestic assault); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.2672
(assault of an unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order authorized;
procedures; penalties); 609.466 (medical assistance fraud); 609.52 (theft);
609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns);
609.746 (interference with privacy); 609.79 (obscene or harassing telephone
calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82
(fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure), not involving a minor; 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of an order for
protection under section 518B.01 (Domestic Abuse Act).
(b) An
individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:
(1)
failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious;
or
(2)
substantiated serious or recurring maltreatment of a minor under section
626.556, a vulnerable adult under section 626.557, or serious or recurring
maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under section 626.556 or 626.557 for
which: (i) there is a preponderance of
evidence that the maltreatment occurred, and (ii) the subject was responsible
for the maltreatment.
(c) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraphs (a) and (b), as each of these
offenses is defined in Minnesota Statutes.
(d) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially similar to the
elements of any of the offenses listed in paragraphs (a) and (b).
(e)
When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court
order. When a disqualification is based
on an admission, the disqualification period begins from the date of an
admission in court. When a
disqualification is based on a preponderance of clear and convincing
evidence of a disqualifying act, the disqualification date begins from the date
of the dismissal, the date of discharge of the sentence imposed for a
conviction for a disqualifying crime of similar elements, or the date of the
incident, whichever occurs last.
(f) An
individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision
8.
Sec.
5. Minnesota Statutes 2006, section
245C.24, subdivision 2, is amended to read:
Subd.
2. Permanent
bar to set aside a disqualification.
(a) Except as provided in paragraph paragraphs (b) and
(c), the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time
has passed, if the individual was disqualified for a crime or conduct listed in
section 245C.15, subdivision 1.
(b) For
An individual in the chemical dependency field who was:
(1) disqualified for a crime or
conduct listed under section 245C.15, subdivision 1, and;
(2) whose disqualification was
set aside prior to July 1, 2005, the commissioner must consider granting;
and
(3)
was granted
a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A
request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior
set-aside decision addressing the individual's quality of care to children or
vulnerable adults and the circumstances of the individual's departure from that
service under this section prior to August 1, 2008, is eligible to
request a set-aside under paragraph (c).
(c)
For any individual who was disqualified for a crime or conduct listed under
section 245C.15, subdivision 1, and whose disqualification was set aside prior
to July 1, 2005, the commissioner must consider granting a set-aside pursuant
to section 245C.22. An employer who
hires any individual who provides in-home services shall monitor service
provision with the client by telephone at least quarterly.
(d)
For an individual who was disqualified for an offense under section 609.66,
subdivision 1e, that was committed when the individual was a minor, and more
than seven years has passed since the incident, during which time the
individual has attended and graduated from college, the commissioner may
consider setting aside the disqualification for a children's residential
facility licensed by the Department of Corrections.
EFFECTIVE DATE. This section is effective August 1, 2008.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 245C.24, subdivision 3, is amended to read:
Subd.
3. Ten-year
bar to set aside disqualification.
(a) The commissioner may not set aside the disqualification of an
individual in connection with a license to provide family child care for
children, foster care for children in the provider's home, or foster care or
day care services for adults in the provider's home if: (1) less than ten years has passed since the
discharge of the sentence imposed, if any, for the offense; or (2) when
disqualified based on a preponderance of clear and convincing
evidence determination under section 245C.14, subdivision 1, paragraph (a),
clause (2), or an admission under section 245C.14, subdivision 1, paragraph
(a), clause (1), and less than ten years has passed since the individual
committed the act or admitted to committing the act, whichever is later; and
(3) the individual has committed a violation of any of the following
offenses: sections 609.165 (felon
ineligible
to possess firearm); criminal vehicular homicide under 609.21 (criminal
vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted
suicide); felony violations under 609.223 or 609.2231 (assault in the third or
fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713
(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime);
609.24 (simple robbery); 609.255 (false imprisonment); 609.562 (arson in the
second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first
degree or first degree tampering with a witness); burglary in the first or
second degree under 609.582 (burglary); 609.66 (dangerous weapon); 609.665
(spring guns); 609.67 (machine guns and short-barreled shotguns); 609.749,
subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022
(controlled substance crime in the first or second degree); 152.023,
subdivision 1, clause (3) or (4) or subdivision 2, clause (4) (controlled
substance crime in the third degree); 152.024, subdivision 1, clause (2), (3),
or (4) (controlled substance crime in the fourth degree); 609.224, subdivision
2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult);
609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents
or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233
(criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664
to 609.2665 (manslaughter of an unborn child in the first or second degree);
609.267 to 609.2672 (assault of an unborn child in the first, second, or third
degree); 609.268 (injury or death of an unborn child in the commission of a
crime); repeat offenses under 617.23 (indecent exposure); 617.293
(disseminating or displaying harmful material to minors); a felony-level
conviction involving alcohol or drug use, a gross misdemeanor offense under
609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense
under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense
under 609.377 (malicious punishment of a child); 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); or 624.713 (certain persons
not to possess firearms).
(b)
The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph (a) as
each of these offenses is defined in Minnesota Statutes.
(c)
The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the discharge of the sentence imposed for
an offense in any other state or country, the elements of which are
substantially similar to the elements of any of the offenses listed in
paragraph (a).
Sec.
7. Minnesota Statutes 2007 Supplement,
section 245C.27, subdivision 1, is amended to read:
Subdivision
1. Fair
hearing when disqualification is not set aside. (a) If the commissioner does not set aside a disqualification of
an individual under section 245C.22 who is disqualified on the basis of a
preponderance of clear and convincing evidence that the individual
committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15; for a determination under section 626.556 or 626.557 of
substantiated maltreatment that was serious or recurring under section 245C.15;
or for failure to make required reports under section 626.556, subdivision 3;
or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4,
paragraph (b), clause (1), the individual may request a fair hearing under
section 256.045, unless the disqualification is deemed conclusive under section
245C.29.
(b)
The fair hearing is the only administrative appeal of the final agency
determination for purposes of appeal by the disqualified individual. The disqualified individual does not have
the right to challenge the accuracy and completeness of data under section
13.04.
(c)
Except as provided under paragraph (e), if the individual was disqualified
based on a conviction or admission to any crimes listed in section 245C.15,
subdivisions 1 to 4, or for a disqualification under section 256.98,
subdivision 8, the reconsideration decision under section 245C.22 is the final
agency determination for purposes of appeal by the disqualified individual and
is not subject to a hearing under section 256.045. If the individual was disqualified based on a judicial
determination, that determination is treated the same as a conviction for
purposes of appeal.
(d)
This subdivision does not apply to a public employee's appeal of a
disqualification under section 245C.28, subdivision 3.
(e)
Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both a
preponderance of clear and convincing evidence and a conviction or
admission, the individual may request a fair hearing under section 256.045,
unless the disqualifications are deemed conclusive under section 245C.29. The scope of the hearing conducted under
section 256.045 with regard to the disqualification based on a conviction or
admission shall be limited solely to whether the individual poses a risk of
harm, according to section 256.045, subdivision 3b. In this case, the reconsideration decision under section 245C.22
is not the final agency decision for purposes of appeal by the disqualified
individual.
Sec.
8. Minnesota Statutes 2006, section
245C.29, subdivision 2, is amended to read:
Subd.
2. Conclusive
disqualification determination. (a)
Unless otherwise specified in statute, a determination that:
(1)
the information the commissioner relied upon to disqualify an individual under
section 245C.14 was correct based on serious or recurring maltreatment;
(2) a
preponderance of the clear and convincing evidence shows that the
individual committed an act or acts that meet the definition of any of the
crimes listed in section 245C.15; or
(3)
the individual failed to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, is conclusive if:
(i)
the commissioner has issued a final order in an appeal of that determination
under section 245A.08, subdivision 5, or 256.045, or a court has issued a final
decision;
(ii)
the individual did not request reconsideration of the disqualification under
section 245C.21; or
(iii)
the individual did not request a hearing on the disqualification under section
256.045 or chapter 14.
(b)
When a licensing action under section 245A.05, 245A.06, or 245A.07 is based on
the disqualification of an individual in connection with a license to provide
family child care, foster care for children in the provider's own home, or
foster care services for adults in the provider's own home, that
disqualification shall be conclusive for purposes of the licensing action if a
request for reconsideration was not submitted within 30 calendar days of the
individual's receipt of the notice of disqualification.
(c) If
a determination that the information relied upon to disqualify an individual
was correct and is conclusive under this section, and the individual is
subsequently disqualified under section 245C.15, the individual has a right to
request reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding the risk
of harm shall be made according to section 245C.22 and are not subject to
another hearing under section 256.045 or chapter 14.
Sec.
9. Minnesota Statutes 2006, section
256.045, subdivision 3, is amended to read:
Subd.
3. State
agency hearings. (a) State agency
hearings are available for the following:
(1) any person applying for, receiving or having received public
assistance, medical care, or a program of social services granted by the state
agency or a county agency or the federal Food Stamp Act whose application for
assistance is denied, not acted upon with reasonable promptness, or whose assistance
is suspended, reduced, terminated, or claimed to have been incorrectly paid;
(2) any patient or relative aggrieved by an order of the commissioner under
section 252.27;
(3) a
party aggrieved by a ruling of a prepaid health plan; (4) except as provided
under chapter 245C, any individual or facility determined by a lead agency to
have maltreated a vulnerable adult under section 626.557 after they have
exercised their right to administrative reconsideration under section 626.557;
(5) any person whose claim for foster care payment according to a placement of
the child resulting from a child protection assessment under section 626.556 is
denied or not acted upon with reasonable promptness, regardless of funding
source; (6) any person to whom a right of appeal according to this section is
given by other provision of law; (7) an applicant aggrieved by an adverse
decision to an application for a hardship waiver under section 256B.15; (8) an
applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04,
subdivision 4a; (9) except as provided under chapter 245A, an individual or
facility determined to have maltreated a minor under section 626.556, after the
individual or facility has exercised the right to administrative
reconsideration under section 626.556; or (10) except as provided under chapter
245C, an individual disqualified under sections 245C.14 and 245C.15, on the
basis of serious or recurring maltreatment; a preponderance of the
clear and convincing evidence that the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245C.15,
subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment determination under clause (4)
or (9) and a disqualification under this clause in which the basis for a
disqualification is serious or recurring maltreatment, which has not been set aside
under sections 245C.22 and 245C.23, shall be consolidated into a single fair
hearing. In such cases, the scope of
review by the human services referee shall include both the maltreatment
determination and the disqualification.
The failure to exercise the right to an administrative reconsideration
shall not be a bar to a hearing under this section if federal law provides an
individual the right to a hearing to dispute a finding of maltreatment. Individuals and organizations specified in
this section may contest the specified action, decision, or final disposition
before the state agency by submitting a written request for a hearing to the
state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the
applicant, recipient, patient, or relative shows good cause why the request was
not submitted within the 30-day time limit.
The
hearing for an individual or facility under clause (4), (9), or (10) is the
only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section
13.04. Hearings requested under clause
(4) apply only to incidents of maltreatment that occur on or after October 1,
1995. Hearings requested by nursing
assistants in nursing homes alleged to have maltreated a resident prior to
October 1, 1995, shall be held as a contested case proceeding under the
provisions of chapter 14. Hearings
requested under clause (9) apply only to incidents of maltreatment that occur
on or after July 1, 1997. A hearing for
an individual or facility under clause (9) is only available when there is no
juvenile court or adult criminal action pending. If such action is filed in either court while an administrative
review is pending, the administrative review must be suspended until the
judicial actions are completed. If the
juvenile court action or criminal charge is dismissed or the criminal action
overturned, the matter may be considered in an administrative hearing.
For
purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
The
scope of hearings involving claims to foster care payments under clause (5)
shall be limited to the issue of whether the county is legally responsible for
a child's placement under court order or voluntary placement agreement and, if
so, the correct amount of foster care payment to be made on the child's behalf
and shall not include review of the propriety of the county's child protection
determination or child placement decision.
(b) A
vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a
party and may not request a hearing under this section, except if assisting a
recipient as provided in subdivision 4.
(c) An
applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is
eligible for under state law.
(d)
The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a
change in state or federal law.
Sec.
10. Minnesota Statutes 2006, section
256.045, subdivision 3b, is amended to read:
Subd.
3b. Standard of evidence for maltreatment and disqualification hearings. (a) The state human services referee shall
determine that maltreatment has occurred if a preponderance of evidence exists
to support the final disposition under sections 626.556 and 626.557. For purposes of hearings regarding
disqualification, the state human services referee shall affirm the proposed
disqualification in an appeal under subdivision 3, paragraph (a), clause (9),
if a preponderance of the evidence shows the individual has:
(1) a
preponderance of the evidence shows the individual has committed
maltreatment under section 626.556 or 626.557, which is serious or recurring;
(2) clear
and convincing evidence shows the individual has committed an act or acts
meeting the definition of any of the crimes listed in section 245C.15,
subdivisions 1 to 4; or
(3) a
preponderance of the evidence shows the individual has failed to make
required reports under section 626.556 or 626.557, for incidents in which the
final disposition under section 626.556 or 626.557 was substantiated
maltreatment that was serious or recurring.
(b) If
the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the
requirements of section 245C.16, and whether the disqualification should be set
aside or not set aside. In determining
whether the disqualification should be set aside, the human services referee
shall consider all of the characteristics that cause the individual to be
disqualified, including those characteristics that were not subject to review
under paragraph (a), in order to determine whether the individual poses a risk
of harm. A decision to set aside a
disqualification that is the subject of the hearing constitutes a determination
that the individual does not pose a risk of harm and that the individual may
provide direct contact services in the individual program specified in the set
aside. If a determination that the
information relied upon to disqualify an individual was correct and is
conclusive under section 245C.29, and the individual is subsequently
disqualified under section 245C.14, the individual has a right to again request
reconsideration on the risk of harm under section 245C.21. Subsequent determinations regarding risk of
harm are not subject to another hearing under this section.
(c)
The state human services referee shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final
order. The commissioner shall affirm,
reverse, or modify the final disposition.
Any order of the commissioner issued in accordance with this subdivision
is conclusive upon the parties unless appeal is taken in the manner provided in
subdivision 7. In any licensing appeal
under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to
144A.46, the commissioner's determination as to maltreatment is conclusive, as
provided under section 245C.29.
Sec.
11. Minnesota Statutes 2006, section
259.20, subdivision 1, is amended to read:
Subdivision
1. Policy
and purpose. The policy of the
state of Minnesota and the purpose of sections 259.20 to 259.69 is to ensure:
(1)
that the best interests of children adopted persons are met in
the planning and granting of adoptions; and
(2)
that laws and practices governing adoption recognize the diversity of
Minnesota's population and the diverse needs of persons affected by adoption.
Sec.
12. Minnesota Statutes 2006, section
259.21, is amended by adding a subdivision to read:
Subd.
2a. Adult
adoption. "Adult
adoption" means the adoption of a person at least 18 years of age.
Sec.
13. Minnesota Statutes 2006, section
259.22, subdivision 2, is amended to read:
Subd.
2. Children
Persons who may be adopted.
No petition for adoption shall be filed unless the child person
sought to be adopted has been placed by the commissioner of human services,
the commissioner's agent, or a licensed child-placing agency. The provisions of this subdivision shall not
apply if
(a)
the child person to be adopted is over 14 years of age;
(b)
the child is sought to be adopted by an individual who is related to the child,
as defined by section 245A.02, subdivision 13;
(c)
the child has been lawfully placed under the laws of another state while the
child and petitioner resided in that other state;
(d)
the court waives the requirement of this subdivision in the best interests of
the child or petitioners, provided that the adoption does not involve a
placement as defined in section 259.21, subdivision 8; or
(e)
the child has been lawfully placed under section 259.47.
Sec.
14. Minnesota Statutes 2006, section
259.23, subdivision 2, is amended to read:
Subd.
2. Contents
of petition. The petition shall be
signed by the petitioner and, if married, by the spouse. It shall be verified, and filed in
duplicate. The petition shall allege:
(a)
The full name, age and place of residence of petitioner, and if married, the
date and place of marriage;
(b)
The date petitioner acquired physical custody of the child and from what person
or agency;
(c)
The date of birth of the child person to be adopted, if known,
and the state and county where born;
(d)
The name of the child's parents, if known, and the guardian if there be one;
(e)
The actual name of the child person to be adopted, if known, and
any known aliases;
(f)
The name to be given the child person to be adopted if a change
of name is desired;
(g)
The description and value of any real or personal property owned by the child
person to be adopted;
(h)
That the petitioner desires that the relationship of parent and child be
established between petitioner and the child, and that it is to the
person to be adopted and that adoption is in the best interests of the child
for the child person to be adopted by the petitioner.
In
agency placements, the information required in clauses (d) and (e) shall not be
required to be alleged in the petition but shall be transmitted to the court by
the commissioner of human services or the agency.
Sec.
15. [259.241] ADULT ADOPTION.
(a)
Any adult person may be adopted, regardless of his or her residence. A resident of Minnesota may petition the
court of record having jurisdiction of adoption proceedings to adopt an
individual who has reached the age of 18 years or older.
(b)
The consent of the person to be adopted shall be the only consent necessary,
according to section 259.24. The
consent of an adult in his or her own adoption is invalid if the adult is
considered to be a vulnerable adult under section 626.5572, subdivision 21, or
if the person consenting to the adoption is determined not competent to give
consent.
(c)
The decree of adoption establishes a parent-child relationship between the adopting
parent or parents and the person adopted, including the right to inherit, and
also terminates the parental rights and sibling relationship between the
adopted person and the adopted person's birth parents and siblings according to
section 259.59.
(d)
If the adopted person requests a change of name, the adoption decree shall
order the name change.
Sec.
16. Minnesota Statutes 2007 Supplement,
section 259.41, subdivision 1, is amended to read:
Subdivision
1. Study
required before placement; certain relatives excepted. (a) An approved adoption study; completed
background study, as required under section 245C.33; and written report must be
completed before the child is placed in a prospective adoptive home under this
chapter, except as allowed by section 259.47, subdivision 6. In an agency placement, the report must be
filed with the court at the time the adoption petition is filed. In a direct adoptive placement, the report
must be filed with the court in support of a motion for temporary preadoptive
custody under section 259.47, subdivision 3, or, if the study and report are
complete, in support of an emergency order under section 259.47, subdivision
6. The study and report shall be
completed by a licensed child-placing agency and must be thorough and
comprehensive. The study and report
shall be paid for by the prospective adoptive parent, except as otherwise
required under section 256.01, subdivision 2, paragraph (h), 259.67,
or 259.73.
(b) A
placement for adoption with an individual who is related to the child, as
defined by section 245A.02, subdivision 13, is not subject to this
section except as the background study required by sections
245C.33 and 259.53, subdivision 2, paragraph (c). by subdivision 2,
paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the case of a stepparent adoption, a
background study must be completed on the stepparent and any children as
required under subdivision 3, paragraph (b), except that a child of the stepparent
does not need to have a background study complete if they are a sibling through
birth or adoption of the person being adopted.
The local social services agency of the county in which the prospective
adoptive parent lives must initiate a background study unless a child-placing
agency has been involved with the adoption.
The local social service agency may charge a reasonable fee for the
background study. If a placement is
being made the background study must be completed prior to placement pursuant
to section 259.29, subdivision 1, paragraph (c). Background study results must be filed with the adoption petition
according to section 259.22, except in an adult adoption where an adoption
study and background study are not needed.
(c) In
the case of a licensed foster parent seeking to adopt a child who is in the
foster parent's care, any portions of the foster care licensing process that
duplicate requirements of the home study may be submitted in satisfaction of
the relevant requirements of this section.
Sec.
17. Minnesota Statutes 2006, section
259.43, is amended to read:
259.43 BIRTH PARENT HISTORY; COMMISSIONER'S
FORM.
In any
adoption under this chapter, except a stepparent or an adult adoption
under section 259.241, a birth parent or an agency, if an agency
placement, shall provide a prospective adoptive parent with a complete,
thorough, detailed, and current social and medical history of the birth
families child being adopted, if information is known after
reasonable inquiry. Each birth
family child social and medical history must be provided on a form or
forms prepared by the commissioner and must include background and
health history specific to the child, the child's birth parents, and the
child's other birth relatives.
Applicable background and health information about the child
includes: the child's current health
condition, behavior, and demeanor; placement history; education history;
sibling information; and birth, medical, dental, and immunization information. Redacted copies of pertinent records,
assessments, and evaluations shall be attached to the child's social and
medical history. Applicable background
information about the child's birth parents and other birth relatives
includes: general background
information; education and employment history; physical health and mental
health history; and reasons for the child's placement. The child's social and medical history shall
be completed in a manner so that the completed form protects
the identities of all individuals described in it. The commissioner shall make the form available to agencies and
court administrators for public distribution.
The birth family child's social and medical history must
be provided to the prospective adoptive family prior to adoptive placement,
provided to the Department of Human Services with application for adoption
assistance, if applicable, and filed with the court when the adoption
petition is filed, or,. In
a direct adoptive placement, the child's social and medical history must be
filed with the court with the motion for temporary preadoptive custody.
Sec.
18. Minnesota Statutes 2006, section
259.52, subdivision 2, is amended to read:
Subd.
2. Requirement
to search registry before adoption petition can be granted; proof of search. No petition for adoption may be granted
unless the agency supervising the adoptive placement, the birth mother of the
child, or, in the case of a stepparent or relative adoption, the county agency
responsible for the report required under section 259.53, subdivision 1,
requests that the commissioner of health search the registry to determine
whether a putative father is registered in relation to a child who is or may be
the subject of an adoption petition.
The search required by this subdivision must be conducted no sooner than
31 days following the birth of the child.
A search of the registry may be proven by the production of a certified
copy of the registration form or by a certified statement of the commissioner
of health that after a search no registration of a putative father in relation
to a child who is or may be the subject of an adoption petition could be
located. The filing of a certified
copy of an order from a juvenile protection matter under chapter 260C
containing a finding that certification of the requisite search of the
Minnesota Fathers' Adoption Registry was filed with the court in that matter
shall also constitute proof of search. Certification
that the fathers' adoption registry has been searched must be filed with the
court prior to entry of any final order of adoption. In addition to the search required by this subdivision, the
agency supervising the adoptive placement, the birth mother of the child, or,
in the case of a stepparent or relative adoption, the county social
services agency responsible for the report under section 259.53,
subdivision 1, or the responsible social services agency that is a
petitioner in a juvenile protection matter under chapter 260C may request
that the commissioner of health search the registry at any time.
Sec.
19. Minnesota Statutes 2006, section
259.53, subdivision 3, is amended to read:
Subd.
3. Reports
and records. (a) The contents of
all reports and records of the commissioner of human services, local social
services agency, or child-placing agency bearing on the suitability of the
proposed adoptive home and the child to each other shall not be disclosed
either directly or indirectly to any person other than the commissioner of
human services, the child's guardian ad litem appointed under: (1) section 260C.163 when the guardian's
appointment continues under section 260C.317, subdivision 3, paragraph (b); or
(2) section 259.65 or a judge of the court having jurisdiction of the
matter, except as provided in paragraph (b).
(b) A
judge of the court having jurisdiction of the matter shall upon request
disclose to a party to the proceedings or the party's counsel any portion of a
report or record that relates only to the suitability of the proposed adoptive
parents. In this disclosure, the judge
may withhold the identity of individuals providing information in the report or
record. When the judge is considering
whether to disclose the identity of individuals providing information, the
agency with custody of the report or record shall be permitted to present reasons
for or against disclosure.
Sec.
20. Minnesota Statutes 2007 Supplement,
section 259.57, subdivision 1, is amended to read:
Subdivision
1. Findings;
orders. Upon the hearing,
(a) if
the court finds that it is in the best interests of the child person
to be adopted that the petition be granted, a decree of adoption shall be
made and recorded in the office of the court administrator, ordering that
henceforth the child person to be adopted shall be the child of
the petitioner. In the decree the court
may change the name of the child adopted person if desired. After the decree is granted for a child
an adopted person who is:
(1)
under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
(2)
placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an
agreement conferring authority to place for adoption according to section
259.25; or
(3)
adopted after a direct adoptive placement ordered by the district court under
section 259.47,
the court administrator
shall immediately mail a copy of the recorded decree to the commissioner of
human services;
(b) if
the court is not satisfied that the proposed adoption is in the best interests
of the child person to be adopted, the court shall deny the
petition, and in the case of a child shall order the child returned to
the custody of the person or agency legally vested with permanent custody or
certify the case for appropriate action and disposition to the court having
jurisdiction to determine the custody and guardianship of the child.
Sec.
21. Minnesota Statutes 2006, section
259.59, subdivision 1, is amended to read:
Subdivision
1. Legal
effect. Upon adoption, the child
adopted person shall become the legal child of the adopting persons and
they shall become the legal parents of the child with all the rights and duties
between them of birth parents and legitimate child. By virtue of the adoption the child adopted person shall
inherit from the adoptive parents or their relatives the same as though the child
adopted person were the natural child of the parents, and in case of the
child's adopted person's death intestate the adoptive parents and
their relatives shall inherit the child's adopted person's estate
as if they the adopted person had been the child's birth parents
and relatives. After a decree of
adoption is entered the birth parents of an adopted child person shall
be relieved of all parental responsibilities for the child adopted
person, and they shall not exercise or have any rights over the adopted child
person or the child's adopted person's property. The child adopted person shall
not owe the birth parents or their relatives any legal duty nor shall the child
adopted person inherit from the birth parents or kindred, except as
provided in subdivision 1a and section 257C.08, subdivision 6.
Sec.
22. Minnesota Statutes 2006, section
259.59, subdivision 2, is amended to read:
Subd.
2. Enrollment
in American Indian tribe. Notwithstanding the provisions of subdivision 1, the adoption of a
child person whose birth parent or parents are enrolled in an
American Indian tribe shall not change the child's person's
enrollment in that tribe.
Sec.
23. Minnesota Statutes 2006, section
259.67, subdivision 2, is amended to read:
Subd.
2. Adoption
assistance agreement. The placing
agency shall certify a child as eligible for adoption assistance according to
rules promulgated by the commissioner.
The placing agency shall not certify a child who remains under the
jurisdiction of the sending agency pursuant to section 260.851, article 5, for
state-funded adoption assistance when Minnesota is the receiving state. Not later than 30 days after a parent or
parents are found and approved for adoptive placement of a child certified as
eligible for adoption assistance, and before the final decree of adoption is
issued, a written agreement must be entered into by the commissioner, the
adoptive parent or parents, and the placing agency. The written agreement must be fully completed by the placing
agency and in the form prescribed by the commissioner and must set forth the
responsibilities of all parties, the anticipated duration of the adoption
assistance payments, and the payment terms.
The adoption assistance agreement shall be subject to the commissioner's
approval, which must be granted or denied not later than 15 days after the
agreement is entered.
The
amount of adoption assistance is subject to the availability of state and
federal funds and shall be determined through agreement with the adoptive
parents. The agreement shall take into
consideration the circumstances of the adopting parent or parents, the needs of
the child being adopted and may provide ongoing monthly assistance, supplemental
maintenance expenses related to the adopted person's child's
special needs, nonmedical expenses periodically necessary for purchase of
services, items, or equipment related to the special needs, and medical
expenses. The placing agency or the
adoptive parent or parents shall provide written documentation to support the
need for adoption assistance payments.
The commissioner may require periodic reevaluation of adoption
assistance payments. The amount of
ongoing monthly adoption assistance granted may in no case exceed that which
would be allowable for the child under foster family care and is subject to the
availability of state and federal funds.
Sec.
24. Minnesota Statutes 2006, section
259.67, subdivision 3, is amended to read:
Subd.
3. Annual
affidavit Modification or termination of the adoption assistance
agreement. When adoption
assistance agreements are for more than one year, the adoptive parents or
guardian or conservator shall annually present an affidavit stating whether the
adopted person remains under their care and whether the need for adoption
assistance continues to exist. The
commissioner may verify the affidavit. The
adoption assistance agreement shall continue in accordance with its terms as
long as the need for adoption assistance continues and the adopted person
child is the legal or financial dependent of the adoptive parent or parents
or guardian or conservator and is under 18 years of age. The adoption assistance agreement may be
extended to age 22 as allowed by rules adopted by the commissioner. Termination or modification of the adoption
assistance agreement may be requested by the adoptive parents or subsequent
guardian or conservator at any time.
When the commissioner determines that a child is eligible for adoption
assistance under Title IV-E of the Social Security Act, United States Code,
title 42, sections 670 to 679a, the commissioner shall modify the adoption
assistance agreement in order to obtain the funds under that act.
Sec.
25. Minnesota Statutes 2006, section
259.67, is amended by adding a subdivision to read:
Subd.
3a. Recovery
of overpayments. An amount
of adoption assistance paid to an adoptive parent in excess of the payment due
is recoverable by the commissioner, even when the overpayment was caused by
agency error or circumstances outside the responsibility and control of the
family or provider. Adoption assistance
amounts covered by this subdivision include basic maintenance needs payments,
monthly supplemental maintenance needs payments, reimbursement of nonrecurring
adoption expenses, reimbursement of special nonmedical costs, and reimbursement
of medical costs.
Sec.
26. Minnesota Statutes 2007 Supplement,
section 259.67, subdivision 4, is amended to read:
Subd.
4. Eligibility
conditions. (a) The placing agency
shall use the AFDC requirements as specified in federal law as of July 16,
1996, when determining the child's eligibility for adoption assistance under
title IV-E of the Social Security Act. If
the child does not qualify, the placing agency shall certify a child as
eligible for state funded adoption assistance only if the following criteria
are met:
(1)
Due to the child's characteristics or circumstances it would be difficult to
provide the child an adoptive home without adoption assistance.
(2)(i)
A placement agency has made reasonable efforts to place the child for adoption
without adoption assistance, but has been unsuccessful; or
(ii)
the child's licensed foster parents desire to adopt the child and it is
determined by the placing agency that the adoption is in the best interest of
the child; or
(iii)
the child's relative, as defined in section 260C.007, subdivision 27, desires
to adopt the child, and it is determined by the placing agency that the
adoption is in the best interest of the child.
(3)(i)
The child has been is a ward of the commissioner, a
Minnesota-licensed child-placing agency, or a tribal social service agency
of Minnesota recognized by the Secretary of the Interior; or (ii) the child
will be adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid
reason why the child cannot or should not be returned to the home of the
child's parent. The placing agency
shall not certify a child who remains under the jurisdiction of the sending
agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state. A child who is adopted by the child's legal custodian or
guardian shall not be eligible for state-funded adoption assistance.
(b) For
purposes of this subdivision, The characteristics or circumstances that may
be considered in determining whether a child is a child with special needs
under United States Code, title 42, chapter 7, subchapter IV, part E, or
meets the requirements of paragraph (a), clause (1), or section 473(c)(2)(A)
of the Social Security Act, are the following:
(1)
The child is a member of a sibling group to be placed as one unit in which at
least one sibling is older than 15 months of age or is described in clause (2)
or (3).
(2)
The child has documented physical, mental, emotional, or behavioral
disabilities.
(3)
The child has a high risk of developing physical, mental, emotional, or
behavioral disabilities.
(4)
The child is five years of age or older.
(c)
When a child's eligibility for adoption assistance is based upon the high risk
of developing physical, mental, emotional, or behavioral disabilities, payments
shall not be made under the adoption assistance agreement unless and until the
potential disability manifests itself as documented by an appropriate health
care professional.
Sec.
27. Minnesota Statutes 2006, section
259.75, subdivision 5, is amended to read:
Subd.
5. Withdrawal
of registration. A child's
registration shall be withdrawn when the exchange service has been notified in
writing by the local social service agency and or the licensed
child-placing agency that the child has been adopted, has become 14 years
old and will not consent to an adoption plan, placed in an adoptive home
or has died.
Sec.
28. Minnesota Statutes 2006, section
259.89, subdivision 1, is amended to read:
Subdivision
1. Request. An adopted person who is 19 years of age or
over may request the commissioner of health to disclose the information on the
adopted person's original birth record.
The commissioner of health shall, within five days of receipt of the
request, notify the commissioner of human services agent or licensed
child-placing agency when known or the commissioner of human services when the
agency is not known in writing of the request by the adopted person.
Sec.
29. Minnesota Statutes 2006, section
259.89, subdivision 2, is amended to read:
Subd.
2. Search. Within six months after receiving notice of
the request of the adopted person, the commissioner of human services services'
agent or a licensed child-placing agency shall make complete and reasonable
efforts to notify each parent identified on the original birth record of the
adopted person. The commissioner, the
commissioner's agents, and licensed child-placing agencies may charge a
reasonable fee to the adopted person for the cost of making a search pursuant
to this subdivision. Every licensed
child-placing agency in the state shall cooperate with the commissioner of
human services in efforts to notify an identified parent. All communications under this subdivision
are confidential pursuant to section 13.02, subdivision 3.
For
purposes of this subdivision, "notify" means a personal and
confidential contact with the birth parents named on the original birth record
of the adopted person. The contact shall
not be by mail and shall be by an employee or agent of the licensed
child-placing agency which processed the pertinent adoption or some other
licensed child-placing agency designated by the commissioner of human services
when it is determined to be reasonable by the commissioner; otherwise contact
shall be by mail or telephone. The
contact shall be evidenced by filing with the commissioner of health an
affidavit of notification executed by the person who notified each parent
certifying that each parent was given the following information:
(a) (1) the nature of the
information requested by the adopted person;
(b) (2) the date of the request of
the adopted person;
(c) (3) the right of the parent to
file, within 30 days of receipt of the notice, an affidavit with the
commissioner of health stating that the information on the original birth
record should not be disclosed;
(d) (4) the right of the parent to
file a consent to disclosure with the commissioner of health at any time; and
(e) (5) the effect of a failure of
the parent to file either a consent to disclosure or an affidavit stating that
the information on the original birth record should not be disclosed.
Sec.
30. Minnesota Statutes 2006, section
259.89, subdivision 4, is amended to read:
Subd.
4. Release
of information after notice. If,
within six months, the commissioner of human services certifies services'
agent or licensed child-placing agency document to the commissioner of
health notification of each parent identified on the original birth record
pursuant to subdivision 2, the commissioner of health shall disclose the
information requested by the adopted person 31 days after the date of the
latest notice to either parent. This
disclosure will occur if, at any time during the 31 days both of the parents
identified on the original birth record have filed a consent to disclosure with
the commissioner of health and neither consent to disclosure has been revoked
by the subsequent filing by a parent of an affidavit stating that the
information should not be disclosed. If
only one parent has filed a consent to disclosure and the consent has not been
revoked, the commissioner of health shall disclose, to the adopted person,
original birth record information on the consenting parent only.
Sec.
31. Minnesota Statutes 2006, section
259.89, is amended by adding a subdivision to read:
Subd.
7. Adult
adoptions. Notwithstanding
section 144.218, a person adopted as an adult shall be permitted to access the
person's birth records that existed prior to the adult adoption. Access to the existing birth records shall
be the same access that was permitted prior to the adult adoption.
Sec.
32. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN.
ARTICLE
I. PURPOSE
The
purpose of this Interstate Compact for the Placement of Children is to:
A.
Provide a process through which children subject to this compact are placed in
safe and suitable homes in a timely manner.
B.
Facilitate ongoing supervision of a placement, the delivery of services, and
communication between the states.
C.
Provide operating procedures that will ensure that children are placed in safe
and suitable homes in a timely manner.
D.
Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered
activities of the member states.
E.
Provide for uniform data collection and information sharing between member
states under this compact.
F.
Promote coordination between this compact, the Interstate Compact for
Juveniles, the Interstate Compact on Adoption and Medical Assistance and other
compacts affecting the placement of and which provide services to children
otherwise subject to this compact.
G.
Provide for a state's continuing legal jurisdiction and responsibility for
placement and care of a child that it would have had if the placement were
intrastate.
H.
Provide for the promulgation of guidelines, in collaboration with Indian
tribes, for interstate cases involving Indian children as is or may be
permitted by federal law.
ARTICLE
II. DEFINITIONS
As
used in this compact,
A.
"Approved placement" means the public child-placing agency in the
receiving state has determined that the placement is both safe and suitable for
the child.
B.
"Assessment" means an evaluation of a prospective placement by a
public child-placing agency to determine whether the placement meets the
individualized needs of the child, including but not limited to the child's
safety and stability, health and well-being, and mental, emotional, and
physical development. An assessment is
only applicable to a placement by a public child-placing agency.
C.
"Child" means an individual who has not attained the age of eighteen
(18).
D.
"Certification" means to attest, declare or sworn to before a judge
or notary public.
E.
"Default" means the failure of a member state to perform the
obligations or responsibilities imposed upon it by this compact, the bylaws or
rules of the Interstate Commission.
F.
"Home Study" means an evaluation of a home environment conducted
according to the applicable requirements of the State in which the home is
located, and documents the preparation and the suitability of the placement
resource for placement of a child according to the laws and requirements of the
state in which the home is located.
G.
"Indian tribe" means any Indian tribe, band, nation, or other
organized group or community of Indians recognized as eligible for services
provided to Indians by the Secretary of the Interior because of their status as
Indians, including any Alaskan native village as defined in section 3 (c) of
the Alaska Native Claims settlement Act at 43 USC § 1602(c).
H.
"Interstate Commission for the Placement of Children" means the
commission that is created under Article VIII of this compact and which is
generally referred to as the Interstate Commission.
I.
"Jurisdiction" means the power and authority of a court to hear and
decide matters.
J.
"Legal Risk Placement" ("Legal Risk Adoption") means a
placement made preliminary to an adoption where the prospective adoptive
parents acknowledge in writing that a child can be ordered returned to the
sending state or the birth mother's state of residence, if different from the
sending state and a final decree of adoption shall not be entered in any
jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
K.
"Member state" means a state that has enacted this compact.
L.
"Non-custodial parent" means a person who, at the time of the
commencement of court proceedings in the sending state, does not have sole
legal custody of the child or has joint legal custody of a child, and who is
not the subject of allegations or findings of child abuse or neglect.
M.
"Non-member state" means a state which has not enacted this compact.
N.
"Notice of residential placement" means information regarding a
placement into a residential facility provided to the receiving state
including, but not limited to the name, date and place of birth of the child,
the identity and address of the parent or legal guardian, evidence of authority
to make the placement, and the name and address of the facility in which the
child will be placed. Notice of
residential placement shall also include information regarding a discharge and
any unauthorized absence from the facility.
O.
"Placement" means the act by a public or private child-placing agency
intended to arrange for the care or custody of a child in another state.
P.
"Private child-placing agency" means any private corporation, agency,
foundation, institution, or charitable organization, or any private person or
attorney that facilitates, causes, or is involved in the placement of a child
from one state to another and that is not an instrumentality of the state or
acting under color of state law.
Q.
"Provisional placement" means a determination made by the public
child-placing agency in the receiving state that the proposed placement is safe
and suitable, and, to the extent allowable, the receiving state has temporarily
waived its standards or requirements otherwise applicable to prospective foster
or adoptive parents so as to not delay the placement. Completion of an assessment and the receiving state requirements
regarding training for prospective foster or adoptive parents shall not delay
an otherwise safe and suitable placement.
R.
"Public child-placing agency" means any government child welfare
agency or child protection agency or a private entity under contract with such
an agency, regardless of whether they act on behalf of a state, county,
municipality or other governmental unit and which facilitates, causes, or is
involved in the placement of a child from one state to another.
S.
"Receiving state" means the state to which a child is sent, brought,
or caused to be sent or brought.
T.
"Relative" means someone who is related to the child as a parent,
step-parent, sibling by half or whole blood or by adoption, grandparent, aunt,
uncle, or first cousin or a non-relative with such significant ties to the
child that they may be regarded as relatives as determined by the court in the
sending state.
U.
"Residential Facility" means a facility providing a level of care
that is sufficient to substitute for parental responsibility or foster care,
and is beyond what is needed for assessment or treatment of an acute
condition. For purposes of the compact,
residential facilities do not include institutions primarily educational in
character, hospitals or other medical facilities.
V.
"Rule" means a written directive, mandate, standard or principle
issued by the Interstate Commission promulgated pursuant to Article XI of this
compact that is of general applicability and that implements, interprets or
prescribes a policy or provision of the compact. "Rule" has the force
and effect of an administrative rule in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
W.
"Sending state" means the state from which the placement of a child
is initiated.
X.
"Service member's permanent duty station" means the military
installation where an active duty Armed Services member is currently assigned
and is physically located under competent orders that do not specify the duty
as temporary.
Y.
"Service member's state of legal residence" means the state in which
the active duty Armed Services member is considered a resident for tax and
voting purposes.
Z.
"State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
the Northern Marianas Islands and any other territory of the United States.
AA.
"State court" means a judicial body of a state that is vested by law
with responsibility for adjudicating cases involving abuse, neglect,
deprivation, delinquency or status offenses of individuals who have not
attained the age of eighteen (18).
BB.
"Supervision" means monitoring provided by the receiving state once a
child has been placed in a receiving state pursuant to this compact.
ARTICLE
III. APPLICABILITY
A.
Except as otherwise provided in Article III, Section B, this compact shall
apply to:
1.
The interstate placement of a child in a custody proceeding in which a public
child placing agency is not a party, provided, the placement is not intended to
effectuate an adoption.
2.
The interstate placement of a child subject to ongoing court jurisdiction in
the sending state, due to allegations or findings that the child has been
abused, neglected, or deprived as defined by the laws of the sending state,
provided, however, that the placement of such a child into a residential
facility shall only require notice of residential placement to the receiving
state prior to placement.
3.
The interstate placement of a child adjudicated delinquent or unmanageable
based on the laws of the sending state and subject to ongoing court
jurisdiction of the sending state if:
a.
the child is being placed in a residential facility in another member state and
is not covered under another compact; or
b.
the child is being placed in another member state and the determination of
safety and suitability of the placement and services required is not provided
through another compact.
4.
The interstate placement of any child by a public child-placing agency or
private child-placing agency as defined in this compact as a preliminary step
to a possible adoption.
B.
The provisions of this compact shall not apply to:
1.
The interstate placement of a child with a non-relative in a receiving state by
a parent with the legal authority to make such a placement provided, however,
that the placement is not intended to effectuate an adoption.
2.
The interstate placement of a child by one relative with the lawful authority
to make such a placement directly with a relative in a receiving state.
3.
The placement of a child, not subject to Article III, Section A, into a
residential facility by his parent.
4.
The placement of a child with a non-custodial parent provided that:
a.
The non-custodial parent proves to the satisfaction of a court in the sending
state a substantial relationship with the child; and
b.
The court in the sending state makes a written finding that placement with the
non-custodial parent is in the best interests of the child; and
c. The court in the sending state dismisses its
jurisdiction over the child's case.
5.
A child entering the United States from a foreign country for the purpose of
adoption or leaving the United States to go to a foreign country for the
purpose of adoption in that country.
6.
Cases in which a U.S. citizen child living overseas with his family, at least
one of whom is in the U.S. Armed Services, and who is stationed overseas, is
removed and placed in a state.
7. The sending of a child by a public
child-placing agency or a private child-placing agency for a visit as defined
by the rules of the Interstate Commission.
C.
For purposes of determining the applicability of this compact to the placement
of a child with a family in the Armed Services, the public child-placing agency
or private child-placing agency may choose the state of the service member's
permanent duty station or the service member's declared legal residence.
D.
Nothing in this compact shall be construed to prohibit the concurrent
application of the provisions of this compact with other applicable interstate
compacts including the Interstate Compact for Juveniles and the Interstate
Compact on Adoption and Medical Assistance.
The Interstate Commission may in cooperation with other interstate
compact commissions having responsibility for the interstate movement,
placement or transfer of children, promulgate like rules to ensure the
coordination of services, timely placement of children, and the reduction of
unnecessary or duplicative administrative or procedural requirements.
ARTICLE
IV. JURISDICTION
A.
Except as provided in Article IV, Section G, concerning private and independent
adoptions, and in interstate placements in which the public child placing
agency is not a party to a custody proceeding the sending state shall retain
jurisdiction over a child with respect to all matters of custody and
disposition of the child which it would have had if the child had remained in
the sending state. Such jurisdiction
shall also include the power to order the return of the child to the sending
state.
B.
When an issue of child protection or custody is brought before a court in the
receiving state, such court shall confer with the court of the sending state to
determine the most appropriate forum for adjudication.
C. In accordance with its own laws, the court in the
sending state shall have authority to terminate its jurisdiction if:
1.
The child is reunified with the parent in the receiving state who is the
subject of allegations or findings of abuse or neglect, only with the
concurrence of the public child-placing agency in the receiving state; or
2.
The child is adopted;
3.
The child reaches the age of majority under the laws of the sending state; or
4.
The child achieves legal independence pursuant to the laws of the sending
state; or
5.
A guardianship is created by a court in the receiving state with the
concurrence of the court in the sending state; or
6.
An Indian tribe has petitioned for and received jurisdiction from the court in
the sending state; or
7.
The public child-placing agency of the sending state requests termination and
has obtained the concurrence of the public child-placing agency in the
receiving the state.
D.
When a sending state court terminates its jurisdiction, the receiving state
child-placing agency shall be notified.
E.
Nothing in this article shall defeat a claim of jurisdiction by a receiving
state court sufficient to deal with an act of truancy, delinquency, crime or
behavior involving a child as defined by the laws of the receiving state
committed by the child in the receiving state which would be a violation of its
laws.
F.
Nothing in this article shall limit the receiving state's ability to take
emergency jurisdiction for the protection of the child.
G.
The substantive laws of the state in which an adoption will be finalized shall
solely govern all issues relating to the adoption of the child and the court in
which the adoption proceeding is filed shall have subject matter jurisdiction
regarding all substantive issues relating to the adoption, except:
1.
when the child is a ward of another court that established jurisdiction over
the child prior to the placement;
2.
when the child is in the legal custody of a public agency in the sending state;
or
3.
when the court in the sending state has otherwise appropriately assumed
jurisdiction over the child, prior to the submission of the request for
approval of placement.
ARTICLE
V. PLACEMENT EVALUATION
A.
Prior to sending, bringing, or causing a child to be sent or brought into a
receiving state, the public child-placing agency shall provide a written
request for assessment to the receiving state.
B.
For placements by a private child-placing agency, a child may be sent or
brought, or caused to be sent or brought, into a receiving state, upon receipt
and immediate review of the required content to accompany a request for
approval of a placement in both the sending and receiving state public
child-placing agency. The required
content for a request for provisional approval shall include all of the
following:
1.
A request for approval identifying the child, birth parents, the prospective
adoptive parents, and the supervising agency, signed by the person requesting
approval; and
2.
The appropriate consents or relinquishments signed by the birth parents in
accordance with the laws of the sending state, or where permitted by the laws
of the state where the adoption will be finalized; and
3.
Certification by a licensed attorney or other authorized agent of a private
adoption agency that the consent or relinquishment is in compliance with the
applicable laws of the sending state, or where permitted the laws of the state
where finalization of the adoption will occur; and
4.
A home study; and
5.
An acknowledgment of legal risk signed by the prospective adoptive parents.
C.
The sending state and the receiving state may request additional information or
documents prior to finalization of an approved placement, but they may not
delay travel by the prospective adoptive parents with the child if the required
content for approval has been submitted, received, and reviewed by the public
child-placing agency in both the sending state and the receiving state.
D.
Approval from the public child-placing agency in the receiving state for a
provisional or approved placement is required as provided for in the rules of
the Interstate Commission.
E.
The procedures for making, and the request for an assessment, shall contain all
information and be in such form as provided for in the rules of the Interstate
Commission.
F.
Upon receipt of a request from the public child-placing agency of the sending
state, the receiving state shall initiate an assessment of the proposed
placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the
public child-placing agency of the sending state may request a determination
for a provisional placement.
G.
The public child-placing agency in the receiving state may request from the
public child-placing agency or the private child-placing agency in the sending
state, and shall be entitled to receive supporting or additional information
necessary to complete the assessment.
ARTICLE
VI. PLACEMENT AUTHORITY
A.
Except as otherwise provided in this compact, no child subject to this compact
shall be placed into a receiving state until approval for such placement is
obtained.
B.
If the public child-placing agency in the receiving state does not approve the
proposed placement then the child shall not be placed. The receiving state shall provide written
documentation of any such determination in accordance with the rules
promulgated by the Interstate Commission.
Such determination is not subject to judicial review in the sending
state.
C.
If the proposed placement is not approved, any interested party shall have
standing to seek an administrative review of the receiving state's
determination.
1.
The administrative review and any further judicial review associated with the
determination shall be conducted in the receiving state pursuant to its
applicable administrative procedures.
2.
If a determination not to approve the placement of the child in the receiving
state is overturned upon review, the placement shall be deemed approved,
provided however that all administrative or judicial remedies have been
exhausted or the time for such remedies has passed.
ARTICLE
VII. PLACING AGENCY RESPONSIBILITY
A.
For the interstate placement of a child made by a public child-placing agency
or state court:
1.
The public child-placing agency in the sending state shall have financial
responsibility for: