STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED EIGHTH DAY
Saint Paul, Minnesota, Monday, April 28, 2008
The House of Representatives convened at 12:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Randy Johnson, Pastor, First
United Methodist Church, St. Cloud, 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
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Beard and Scalze were excused.
Anderson, B., was excused until 1:25
p.m. Moe was excused until 2:55
p.m. Hornstein was excused until 5:45
p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Bigham moved that further reading of the
Journal be suspended and that the Journal be approved as corrected by the Chief
Clerk. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
April 25, 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 H. F. No. 3220, Chapter No. 237,
a bill granting political subdivisions general authority to make unlimited
monetary or in-kind grants to nonprofit organizations.
Political subdivisions derive their powers from the state. Existing law already allows political
subdivisions to make grants to nonprofit organizations pursuant to specific
appropriations or statutory authority.
Local governments also have broad authority to enter contracts or other
agreements with nonprofit and other entities to facilitate services to
individuals on behalf of the local government.
At a time when many political subdivisions are raising property
taxes and requesting additional local government aid, granting political
subdivisions authority to use taxpayer money to make unlimited charitable
contributions or initiate new grant programs is simply not warranted.
I believe strongly in supporting charitable organizations. However, instead of granting local elected
officials the power to make charitable contributions and grants to nonprofits
using taxpayer money, political subdivisions should be focusing on ways to
lower property taxes. With lower property taxes and more money in their
pockets, Minnesota taxpayers can decide
for themselves which religious, charitable, or other nonprofit organizations
they would like to support.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
25, 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 H. F. No. 1351, Chapter No. 239,
the 2007 Omnibus Transportation Policy Bill.
This bill includes many positive provisions I support,
including provisions related to the transportation of forest and agricultural
products and commercial transportation needs and requirements. However, the bill includes problematic
language relating to the implementation of more secure driver's licenses under
the federal REAL I.D. Act. For this
reason, I am vetoing the bill.
If Minnesota driver's licenses are not compliant with federal
REAL I.D. requirements after December 31, 2009, Minnesotans will be prohibited
from using their driver's licenses as identification for air travel or for
entering federal buildings.
REAL I.D. requires inclusion of minimum security features in
state driver's licenses. It was a
product of the recommendations of the 9/11 Commission. REAL I.D. was passed by Congress on a
bipartisan basis and signed into law by the President. Implementing REAL I.D. will significantly
enhance homeland security, reduce identity fraud, and help reduce illegal
immigration.
On behalf of the nation's governors, I have been deeply
involved in advocating for the federal government to protect states' rights,
pay their fair share of this federal mandate, and ensure the privacy rights of
our citizens as REAL I.D. moves forward.
The federal government's response is not complete or finalized. Until it is, we should be careful not to
unduly restrict our ability to at least begin preparations for implementing
REAL I.D. or to undertake state initiatives to improve our Minnesota driver's
licenses.
I share concerns about the need for government to pay for this
program and to protect privacy, but the provisions in this bill are flawed.
My suggestions for improving the REAL I.D. provisions in this
bill were not incorporated in the bill.
These matters should have been resolved before the bill was presented to
me. A clear description of the items or
activities we expect the federal government to fund should be included in the
bill. Many of the costs of REAL I.D.
will overlap with security features Minnesota will pursue for its driver's
licenses independently of REAL I.D. It
is unrealistic to expect the federal government to pay for implementing those
state features. I also requested that
language regarding the federal obligation be specific as to the time period
involved. These requests were also
ignored or rejected.
The bill also prohibits REAL I.D. compliance efforts, unless
Congress appropriates and designates funding for Minnesota's costs. Federal funding for REAL I.D., like many
other federal programs, may be provided on a reimbursement basis. It is likely that Congress will appropriate
funds to a federal agency for disbursement and will not specifically designate
federal dollars for Minnesota.
My concerns could have been easily addressed in the bill, but
my suggestions were rejected. The
positions of interest groups such as the ACLU, the lack of clarity as to what
constitutes state costs, and the requirement that Congress designate funds for
Minnesota will likely cause protracted and unnecessary litigation for the state
and impair homeland security in the process.
I strongly support the compromise privacy protections included
in the bill. I am issuing my veto with
the hope that the Legislature will re-pass a non-controversial transportation
policy bill, without the objectionable language regarding REAL I.D.
Sincerely,
Tim
Pawlenty
Governor
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 1724, A bill for an act relating to occupations and professions; providing
for registration of naturopathic doctors; amending Minnesota Statutes 2006,
sections 116J.70, subdivision 2a; 145.61, subdivision 2; 146.23, subdivision 7;
148B.60, subdivision 3; 214.23, subdivision 1; 604A.01, subdivision 2;
604A.015; proposing coding for new law as Minnesota Statutes, chapter 147E.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [147E.01]
DEFINITIONS.
Subdivision
1. Applicability. The definitions in this section apply to
this chapter.
Subd.
2. Advisory
council. "Advisory
council" means the Registered Naturopathic Doctor Advisory Council
established under section 147E.35.
Subd.
3. Approved
naturopathic medical program. "Approved
naturopathic medical program" means a naturopathic medical education
program in the United States or Canada and meets the requirements for
accreditation by the Council on Naturopathic Medical Education (CNME) or an
equivalent federally recognized accrediting body for the naturopathic medical
profession recognized by the board.
This program must offer graduate-level full-time didactic and supervised
clinical training leading to the degree of Doctor of Naturopathy or Doctor of
Naturopathic Medicine. The program must
be an institution, or part of an institution, of higher education that at the
time the student completes the program is:
(1)
either accredited or is a candidate for accreditation by a regional institution
accrediting agency recognized by the United States Secretary of Education; or
(2)
a degree granting college or university that prior to the existence of CNME offered
a full-time structured curriculum in basic sciences and supervised patient care
comprising a doctoral naturopathic medical education that is at least 132 weeks
in duration, must be completed in at least 35 months, and is reputable and in
good standing in the judgment of the board.
Subd.
4. Board. "Board" means the Board of
Medical Practice or its designee.
Subd.
5. Contact
hour. "Contact
hour" means an instructional session of 50 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social activities.
Subd.
6. Homeopathic
preparations. "Homeopathic
preparations" means medicines prepared according to the Homeopathic
Pharmacopoeia of the United States.
Subd.
7. Registered
naturopathic doctor. "Registered
naturopathic doctor" means a person authorized and registered to practice
naturopathic medicine under this chapter.
Subd.
8. Minor
office procedures. "Minor
office procedures" means the use of operative, electrical, or other
methods for the repair and care incidental to superficial lacerations and
abrasions, superficial lesions, and the removal of foreign bodies located in
the superficial tissues and the use of antiseptics and local topical
anesthetics in connection with such methods.
Subd.
9. Naturopathic
licensing examination. "Naturopathic
licensing examination" means the Naturopathic Physicians Licensing
Examination or its successor administered by the North American Board of
Naturopathic Examiners or its successor as recognized by the board.
Subd.
10. Naturopathic
medicine. "Naturopathic
medicine" means a system of primary health care for the prevention,
assessment, and treatment of human health conditions, injuries, and diseases
that uses:
(1)
services and treatments as described in section 147E.05; and
(2)
natural health procedures and treatments in section 146A.01, subdivision 4.
Subd.
11. Naturopathic
physical medicine. "Naturopathic
physical medicine" includes, but is not limited to, the therapeutic use of
the physical agents of air, water, heat, cold, sound, light, and
electromagnetic nonionizing radiation and the physical modalities of
electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage,
stretching, colon hydrotherapy, frequency specific microcurrent, electrical
muscle stimulation, transcutaneous electrical nerve stimulation, and
therapeutic exercise.
Sec.
2. [147E.05]
SCOPE OF PRACTICE.
Subdivision
1. Practice
parameters. (a) The practice
of naturopathic medicine includes, but is not limited to, the following services:
(1)
ordering, administering, prescribing, or dispensing for preventive and
therapeutic purposes: food, extracts of
food, nutraceuticals, vitamins, minerals, amino acids, enzymes, botanicals and
their extracts, botanical medicines, herbal remedies, homeopathic medicines,
all dietary supplements and nonprescription drugs as defined by the federal
Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle
counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy,
galvanic therapy, naturopathic physical medicine, oxygen, therapeutic devices,
barrier devices for contraception, and minor office procedures, including
obtaining specimens to assess and treat disease;
(2)
performing or ordering physical and orificial examinations and physiological
function tests;
(3)
ordering clinical laboratory tests and examinations;
(4)
referring a patient for diagnostic imaging studies including x-ray, CT scan,
MRI, ultrasound, mammogram, bone densitometry, and referring the studies to an
appropriately licensed health care professional to conduct the study and
interpret the results;
(5)
prescribing nonprescription medications and therapeutic devices or ordering
noninvasive diagnostic procedures commonly used by physicians in general
practice; and
(6)
prescribing or performing naturopathic physical medicine.
(b)
A registered naturopathic doctor may admit patients to a hospital if the
naturopathic doctor meets the hospital's governing body requirements regarding
credentialing and privileging process.
Subd.
2. Prohibitions
on practice. (a) The
practice of naturopathic medicine does not include:
(1)
administering therapeutic ionizing radiation or radioactive substances;
(2)
administering general or spinal anesthesia;
(3)
prescribing, dispensing, or administering legend drugs or controlled substances
including chemotherapeutic substances; or
(4)
performing or inducing abortions.
(b)
A naturopathic doctor registered under this chapter shall not perform surgical
procedures using a laser device or perform surgical procedures beyond
superficial tissue.
(c)
A naturopathic doctor shall not practice or claim to practice as a medical
doctor, surgeon, osteopath, dentist, podiatrist, optometrist, psychologist,
advanced practice professional nurse, physician assistant, chiropractor,
physical therapist, acupuncturist, dietician, nutritionist, or any other health
care professional, unless the naturopathic physician also holds the appropriate
license or registration for the health care practice profession.
Sec. 3. [147E.06]
PROFESSIONAL CONDUCT.
Subdivision
1. Informed
consent. (a) The registered
naturopathic doctor shall obtain a signed informed consent from the patient
prior to initiating treatment and after advising the patient of the
naturopathic doctor's qualifications including education and registration
information; and outlining of the scope of practice of registered naturopathic
doctors in Minnesota. This information
must be supplied to the patient in writing before or at the time of the initial
visit. The registrant shall present
treatment facts and options accurately to the patient or to the individual
responsible for the patient's care and make treatment recommendations according
to standards of good naturopathic medical practice.
(b)
Upon request, the registered naturopathic doctor must provide a copy of the
informed consent form to the board.
Subd.
2. Patient
records. (a) A registered
naturopathic doctor shall maintain a record for seven years for each patient
treated, including:
(1)
a copy of the informed consent;
(2)
evidence of a patient interview concerning the patient's medical history and
current physical condition;
(3)
evidence of an examination and assessment;
(4)
record of the treatment provided to the patient; and
(5)
evidence of evaluation and instructions given to the patient, including
acknowledgment by the patient in writing that, if deemed necessary by the
registered naturopathic doctor, the patient has been advised to consult with
another health care provider.
(b)
A registered naturopathic doctor shall maintain the records of minor patients
for seven years or until the minor's 19th birthday, whichever is longer.
Subd.
3. Data
practices. Data maintained
on a naturopathic patient by a registered naturopathic doctor is subject to
sections 144.291 to 144.298.
Subd.
4. State
and municipal public health regulations.
A registered naturopathic doctor shall comply with all applicable state
and municipal requirements regarding public health.
Sec.
4. [147E.10]
PROTECTED TITLES.
Subdivision
1. Designation. (a) No individual may use the title
"registered naturopathic doctor," "naturopathic doctor,"
"doctor of naturopathic medicine," or use, in connection with the
individual's name, the letters "N.D.," "R.N.D.," or
"N.M.D.," or any other titles, words, letters, abbreviations, or
insignia indicating or implying that the individual is eligible for
registration by the state as a registered naturopath or a registered
naturopathic doctor unless the individual has been registered as a registered
naturopathic doctor according to this chapter.
(b)
After July 1, 2008, individuals who are registered under this chapter and who
represent themselves as practicing naturopathic medicine by use of a term in
paragraph (a) shall conspicuously display the registration in the place of
practice.
Subd.
2. Other
health care practitioners. Nothing
in this chapter may be construed to prohibit or to restrict:
(1)
the practice of a profession by individuals who are licensed, certified, or
registered under other laws of this state and are performing services within
their authorized scope of practice;
(2)
the provision of the complementary and alternative healing methods and
treatments, including naturopathy, as described in chapter 146A;
(3)
the practice of naturopathic medicine by an individual licensed, registered, or
certified in another state and employed by the government of the United States
while the individual is engaged in the performance of duties prescribed by the
laws and regulations of the United States;
(4)
the practice by a naturopathic doctor duly licensed, registered, or certified
in another state, territory, or the District of Columbia when incidentally
called into this state for consultation with a Minnesota licensed physician or
Minnesota registered naturopathic doctor; or
(5)
individuals not registered by this chapter from the use of individual
modalities which comprise the practice of naturopathic medicine.
Subd.
3. Penalty. A person violating subdivision 2 is
guilty of a gross misdemeanor.
Sec.
5. [147E.15]
REGISTRATION REQUIREMENTS.
Subdivision
1. General
requirements for registration. To
be eligible for registration, an applicant must:
(1)
submit a completed application on forms provided by the board along with all fees
required under section 147E.40 that includes:
(i)
the applicant's name, Social Security number, home address and telephone
number, and business address and telephone number;
(ii)
the name and location of the naturopathic medical program the applicant
completed;
(iii)
a list of degrees received from other educational institutions;
(iv)
a description of the applicant's professional training;
(v)
a list of registrations, certifications, and licenses held in other
jurisdictions;
(vi)
a description of any other jurisdiction's refusal to credential the applicant;
(vii)
a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and
(viii)
any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
(2)
submit a copy of a diploma from an approved naturopathic medical education
program;
(3)
have successfully passed the Naturopathic Physicians Licensing Examination, a
competency-based national naturopathic licensing examination administered by
the North American Board of Naturopathic Examiners or successor agency as
recognized by the board; passing scores are determined by the Naturopathic
Physicians Licensing Examination;
(4)
submit additional information as requested by the board, including providing
any additional information necessary to ensure that the applicant is able to
practice with reasonable skill and safety to the public;
(5)
sign a statement that the information in the application is true and correct to
the best of the applicant's knowledge and belief; and
(6)
sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant has completed an approved
naturopathic medical program or engaged in the practice of naturopathic
medicine.
Subd.
2. Registration
by endorsement; reciprocity. (a)
To be eligible for registration by endorsement or reciprocity, the applicant
must hold a current naturopathic license, registration, or certification in
another state, Canadian province, the District of Columbia, or territory of the
United States, whose standards for licensure, registration, or certification
are at least equivalent to those of Minnesota, and must:
(1)
submit the application materials and fees as required by subdivision 1, clauses
(1), (2), and (4) to (6);
(2)
have successfully passed either:
(i)
the Naturopathic Physicians Licensing Examination; or
(ii)
if prior to 1986, the state or provincial naturopathic board licensing
examination required by that regulating state or province;
(3)
provide a verified copy from the appropriate government body of a current
license, registration, or certification for the practice of naturopathic
medicine in another jurisdiction that has initial licensing, registration, or
certification requirements equivalent to or higher than the requirements in
subdivision 1; and
(4)
provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a license, registration, or
certification. Each letter must state
the applicant's name, date of birth, license, registration, or certification
number, date of issuance, a statement regarding disciplinary actions, if any,
taken against the applicant, and the terms under which the license, registration,
or certification was issued.
(b)
An applicant applying for license, registration, or certification by
endorsement must be licensed, registered, or certified in another state or
Canadian province prior to January 1, 2005, and have completed a 60-hour course
and examination in pharmacotherapeutics.
Subd.
3. Temporary
registration. The board may
issue a temporary registration to practice as a registered naturopathic doctor
to an applicant who is licensed, registered, or certified in another state or
Canadian province and is eligible for registration under this section, if the
application for registration is complete, all applicable requirements in this
section have been met, and a nonrefundable fee has been paid. The temporary registration remains valid
only until the meeting of the board at which time a decision is made on the
registered naturopathic doctor's application for registration.
Subd.
4. Registration
expiration. Registrations
issued under this chapter expire annually.
Subd.
5. Renewal. (a) To be eligible for registration
renewal a registrant must:
(1)
annually, or as determined by the board, complete a renewal application on a
form provided by the board;
(2)
submit the renewal fee;
(3)
provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and
(4)
submit any additional information requested by the board to clarify information
presented in the renewal application.
The information must be submitted within 30 days after the board's
request, or the renewal request is nullified.
Subd.
6. Change
of address. A registrant who
changes addresses must inform the board within 30 days, in writing, of the
change of address. All notices or other
correspondence mailed to or served on a registrant by the board are considered
as having been received by the registrant.
Subd.
7. Registration
renewal notice. At least 45
days before the registration renewal date, the board shall send out a renewal
notice to the last known address of the registrant on file. The notice must include a renewal
application and a notice of fees required for renewal or instructions for
online renewal. It must also inform the
registrant that registration will expire without further action by the board if
an application for registration renewal is not received before the deadline for
renewal. The registrant's failure to
receive this notice does not relieve the registrant of the obligation to meet
the deadline and other requirements for registration renewal. Failure to receive this notice is not
grounds for challenging expiration of registration status.
Subd.
8. Renewal
deadline. The renewal
application and fee must be postmarked on or before December 31 of the year of
renewal. If the postmark is illegible,
the application is considered timely if received by the third working day after
the deadline.
Subd.
9. Inactive
status and return to active status.
(a) A registrant may be placed in inactive status upon application to
the board by the registrant and upon payment of an inactive status fee.
(b)
Registrants seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
specified in subdivision 5, including continuing education hours.
(c)
Registrants whose inactive status period has been five years or longer must
additionally have a period of no less than eight weeks of advisory
council-approved supervision by another registered naturopathic doctor.
Subd.
10. Registration
following lapse of registration status for two years or less. For any individual whose registration
status has lapsed for two years or less, to regain registration status, the
individual must:
(1)
apply for registration renewal according to subdivision 5;
(2)
document compliance with the continuing education requirements of section
147E.25 since the registrant's initial registration or last renewal; and
(3)
submit the fees required under section 147E.40 for the period not registered, including
the fee for late renewal.
Subd.
11. Cancellation
due to nonrenewal. The board
shall not renew, reissue, reinstate, or restore a registration that has lapsed
and has not been renewed within two annual registration renewal cycles starting
January 2009. A registrant whose
registration is canceled for nonrenewal must obtain a new registration by
applying for registration and fulfilling all requirements then in existence for
initial registration as a registered naturopathic doctor.
Subd.
12. Cancellation
of registration in good standing.
(a) A registrant holding an active registration as a registered
naturopathic doctor in the state may, upon approval of the board, be granted
registration cancellation if the board is not investigating the person as a
result of a complaint or information received or if the board has not begun
disciplinary proceedings against the registrant. Such action by the board must be reported as a cancellation of
registration in good standing.
(b)
A registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration year in
which cancellation of the registration occurred.
(c)
To obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then
in existence for obtaining initial registration as a registered naturopathic
doctor.
Subd.
13. Emeritus
status of registration. A
registrant may change the status of the registration to "emeritus" by
filing the appropriate forms and paying the onetime fee of $50 to the
board. This status allows the
registrant to retain the title of registered naturopathic doctor but restricts
the registrant from actively seeing patients.
Sec.
6. [147E.20]
BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
(a)
The board shall act on each application for registration according to
paragraphs (b) to (d).
(b)
The board shall determine if the applicant meets the requirements for
registration under section 147E.15. The
board or advisory council may investigate information provided by an applicant
to determine whether the information is accurate and complete.
(c)
The board shall notify each applicant in writing of action taken on the
application, the grounds for denying registration if registration is denied,
and the applicant's right to review under paragraph (d).
(d)
Applicants denied registration may make a written request to the board, within
30 days of the board's notice, to appear before the advisory council or the
board and for the advisory council to review the board's decision to deny the
applicant's registration. After
reviewing the denial, the advisory council shall make a recommendation to the
board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review each yearly
registration period.
Sec.
7. [147E.25]
CONTINUING EDUCATION REQUIREMENT.
Subdivision
1. Number
of required contact hours. (a)
A registrant applying for registration renewal must complete a minimum of 25
contact hours of board-approved continuing education in the year preceding
registration renewal, with the exception of the registrant's first incomplete
year, and attest to completion of continuing education requirements by reporting
to the board.
(b)
Of the 25 contact hours of continuing education requirement in paragraph (a),
at least five hours of continuing education must be in pharmacotherapeutics.
Subd.
2. Approved
programs. The board shall
approve continuing education programs that have been approved for continuing
education credit by the American Association of Naturopathic Physicians or any
of its constituent state associations, the American Chiropractic Association or
any of its constituent state associations, the American Osteopathic Association
Bureau of Professional Education, the American Pharmacists Association or any
of its constituent state associations, or an organization approved by the
Accreditation Council for Continuing Medical Education.
Subd.
3. Approval
of continuing education programs.
The board shall also approve continuing education programs that do
not meet the requirements of subdivision 2 but meet the following criteria:
(1)
the program content directly relates to the practice of naturopathic medicine;
(2)
each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable
experience in the field of naturopathic medicine, special training in the
subject matter, or experience teaching in the subject area;
(3)
the program lasts at least 50 minutes per contact hour;
(4)
there are specific, measurable, written objectives, consistent with the
program, describing the expected outcomes for the participants; and
(5)
the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.
Subd.
4. Accumulation
of contact hours. A
registrant may not apply contact hours acquired in one one-year reporting
period to a future continuing education reporting period.
Subd.
5. Verification
of continuing education credits.
The board shall periodically select a random sample of registrants
and require those registrants to supply the board with evidence of having
completed the continuing education to which they attested. Documentation may come directly from the
registrants from state or national organizations that maintain continuing
education records.
Subd.
6. Continuing
education topics. Continuing
education program topics may include, but are not limited to, naturopathic
medical theory and techniques including diagnostic techniques, nutrition,
botanical medicine, homeopathic medicine, physical medicine, lifestyle
modification counseling, anatomy, physiology, biochemistry, pharmacology,
pharmacognosy, microbiology, medical ethics, psychology, history of medicine,
and medical terminology or coding.
Subd.
7. Restriction
on continuing education topics.
(a) A registrant may apply no more than five hours of practice
management to a one-year reporting period.
(b)
A registrant may apply no more than 15 hours to any single subject area.
Subd.
8. Continuing
education exemptions. The
board may exempt any person holding a registration under this chapter from the
requirements of subdivision 1 upon application showing evidence satisfactory to
the board of inability to comply with the requirements because of physical or
mental condition or because of other unusual or extenuating circumstances. However, no person may be exempted from the
requirements of subdivision 1 more than once in any five-year period.
Sec.
8. [147E.30]
DISCIPLINE; REPORTING.
For
purposes of this chapter, registered naturopathic doctors and applicants are
subject to sections 147.091 to 147.162.
Sec.
9. [147E.35]
REGISTERED NATUROPATHIC DOCTOR ADVISORY COUNCIL.
Subdivision
1. Membership. The board shall appoint a seven-member
Registered Naturopathic Doctor Advisory Council appointed by the governor
consisting of one public member as defined in section 214.02, five registered
naturopathic doctors who are residents of the state, and one licensed physician
or osteopath with expertise in natural medicine.
Subd.
2. Organization. The advisory council shall be organized
and administered under section 15.059.
The council shall not expire.
Subd.
3. Duties. The advisory council shall:
(1)
advise the board regarding standards for registered naturopathic doctors;
(2)
provide for distribution of information regarding registered naturopathic
doctors standards;
(3)
advise the board on enforcement of sections 147.091 to 147.162;
(4)
review applications and recommend granting or denying registration or
registration renewal;
(5)
advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints
against registered naturopathic doctors;
(6)
advise the board regarding approval of continuing education programs using the
criteria in section 147E.25, subdivision 3; and
(7)
perform other duties authorized for advisory councils by chapter 214, as
directed by the board.
Sec.
10. [147E.40] FEES.
Subdivision
1. Fees. Fees are as follows:
(1)
registration application fee, $200;
(2)
renewal fee, $150;
(3)
late fee, $75;
(4)
inactive status fee, $50; and
(5)
temporary permit fee, $25.
Subd.
2. Proration
of fees. The board may
prorate the initial annual registration fee.
All registrants are required to pay the full fee upon registration
renewal.
Subd.
3. Penalty
fee for late renewals. An
application for registration renewal submitted after the deadline must be
accompanied by a late fee in addition to the required fees.
Subd.
4. Nonrefundable
fees. All of the fees in
subdivision 1 are nonrefundable.
Sec.
11. APPROPRIATIONS.
$13,000
in fiscal year 2009, $17,000 in fiscal year 2010, and $19,000 in fiscal year
2011 are appropriated from the state government special revenue fund to the
Board of Medical Practice for the registration of naturopathic doctors under
Minnesota Statutes, chapter 147E.
Sec.
12. EFFECTIVE DATE.
Sections
1 to 11 are effective July 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to occupations and professions; providing for
registration of naturopathic doctors; appropriating money; proposing coding for
new law as Minnesota Statutes, chapter 147E."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Lenczewski
from the Committee on Taxes to which was referred:
H. F.
No. 3032, A bill for an act relating to state lands; modifying Minnesota
critical habitat private sector matching account; modifying outdoor recreation
system; adding to and deleting from state parks, recreation areas, and forests;
modifying authority to convey private easements on tax-forfeited land;
providing for public and private sales, conveyances, and exchanges of certain
state land; authorizing 30-year leases of tax-forfeited and other state lands
for wind energy projects; amending Minnesota Statutes 2006, sections 84.943,
subdivision 5; 86A.04; 86A.08, subdivision 1; 282.04, subdivision 4a; Laws
2006, chapter 236, article 1, section 43.
Reported
the same back with the following amendments:
Page
1, after line 25, insert:
"Sec.
2. [84B.062]
ENFORCEMENT OF FEDERAL LAWS.
A
state employee shall not enforce federal laws pertaining to the use of
all-terrain vehicles, snowmobiles, or aircraft in the navigable waters within
Voyageurs National Park under the state's jurisdiction as described in section
84B.061."
Page
3, after line 9, insert:
"Sec.
5. Minnesota Statutes 2006, section
90.151, subdivision 1, is amended to read:
Subdivision
1. Issuance;
expiration. (a) Following receipt
of the down payment for state timber required under section 90.14 or 90.191,
the commissioner shall issue a numbered permit to the purchaser, in a form
approved by the attorney general, by the terms of which the purchaser shall be
authorized to enter upon the land, and to cut and remove the timber therein
described as designated for cutting in the report of the state appraiser,
according to the provisions of this chapter.
The permit shall be correctly dated and executed by the commissioner and
signed by the purchaser. If a permit is
not signed by the purchaser within 60 days from the date of purchase, the
permit cancels and the down payment for timber required under section 90.14
forfeits to the state. The
commissioner may grant an additional period for the purchaser to sign the
permit, not to exceed five business days, provided the purchaser pays a $125
penalty fee.
(b)
The permit shall expire no later than five years after the date of sale as the
commissioner shall specify or as specified under section 90.191, and the timber
shall be cut within the time specified therein. All cut timber, equipment, and buildings not removed from the
land within 90 days after expiration of the permit shall become the property of
the state.
(c)
The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such
request by the permit holder for good and sufficient reasons. The commissioner may grant a second period
of time not to exceed 120 days for the removal of cut timber, equipment, and
buildings upon receipt of a request by the permit holder for hardship reasons
only.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies retroactively to permits dated January 1, 2008, and thereafter."
Page 37,
line 24, delete "53" and insert "55"
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 3, after the first semicolon, insert "modifying certain
enforcement authority; modifying timber permit provisions;"
Correct
the title numbers accordingly
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. 3345, A bill for an act relating to economic development; allowing Explore
Minnesota Tourism to provide a grant to the Minnesota Film and TV Board;
appropriating money.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
116U.26, is amended to read:
116U.26 FILM JOBS PRODUCTION PROGRAM.
(a)
The film production jobs program is created.
The program shall be operated by the Minnesota Film and TV Board with
administrative oversight and control by the director of Explore Minnesota
Tourism. The program shall make payment
to producers of feature films, national television programs, documentaries,
music videos, and commercials that directly create new film jobs in
Minnesota. To be eligible for a
payment, a producer must submit documentation to the Minnesota Film and TV
Board of expenditures for production costs incurred in Minnesota that are
directly attributable to the production in Minnesota of a film product.
The
Minnesota Film and TV Board shall make recommendations to the director of
Explore Minnesota Tourism about program payment, but the director has the
authority to make the final determination on payments. The director's determination must be based
on proper documentation of eligible production costs submitted for
payments. No more than five percent of
the funds appropriated for the program in any year may be expended for
administration.
(b)
For the purposes of this section:
(1)
"production costs" means the cost of the following:
(i) a
story and scenario to be used for a film;
(ii)
salaries of talent, management, and labor, including payments to personal
services corporations for the services of a performing artist;
(iii)
set construction and operations, wardrobe, accessories, and related services;
(iv)
photography, sound synchronization, lighting, and related services;
(v)
editing and related services;
(vi)
rental of facilities and equipment; or
(vii)
other direct costs of producing the film in accordance with generally accepted
entertainment industry practice; and
(2)
"film" means a movie, television show, documentary, music video, or
television commercial, whether on film or video. Film does not include news, current events, public programming,
or a program that includes weather or market reports; a talk show; a production
with respect to a questionnaire or contest; a sports event or sports activity;
a gala presentation or awards show; a finished production that solicits funds;
or a production for which the production company is required under United
States Code, title 18, section 2257, to maintain records with respect to a
performer portrayed in a single-media or multimedia program.
(c)
Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
may make reimbursements of up to 20 percent of film production costs for films
that incur production costs in excess of $5,000,000 in Minnesota within a
12-month period.
EFFECTIVE DATE. This section is effective for films that begin filming on or
after the day following final enactment.
Sec.
2. MINNESOTA
FILM AND TV BOARD GRANT.
$500,000
is appropriated from the special marketing account established pursuant to Laws
2005, First Special Session chapter 1, article 3, section 6, to the director of
Explore Minnesota Tourism for a onetime grant to the Minnesota Film and TV
Board for the filming of a movie in Minnesota in 2008 and 2009. The grant is in addition to any payments
made for the same purpose from the film production jobs program under Minnesota
Statutes, section 116U.26. This
appropriation is available until expended.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to economic development; allowing Explore Minnesota
Tourism to provide a grant to the Minnesota Film and TV Board; allowing film
production costs reimbursements; appropriating money; amending Minnesota
Statutes 2006, section 116U.26."
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. 3494, A bill for an act relating to employment; providing up to three hours
of paid leave in any 12-month period for state employees to donate blood;
authorizing employers to provide leave to employees to donate blood; proposing
coding for new law in Minnesota Statutes, chapters 43A; 181.
Reported
the same back with the following amendments:
Page
1, delete section 1 and insert:
"Section
1. [43A.187]
BLOOD DONATION LEAVE.
A
state employee must be granted leave from work with 100 percent of pay to
donate blood at a location away from the place of work. The total amount of leave used under this
section may not exceed three hours in a 12-month period, and must be determined
by the employee. A state employee
seeking leave from work under this section must provide 14 days notice to the
appointing authority. This leave must
not affect the employee's vacation leave, pension, compensatory time, personal
vacation days, sick leave, earned overtime accumulation, or cause a loss of
seniority. For the purposes of this
section, "state employee" does not include an employee of the
Minnesota State Colleges and Universities."
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. 3539, A bill for an act relating to health; providing an exception to
hospital construction moratorium; amending Minnesota Statutes 2006, section
144.551, subdivision 1.
Reported
the same back with the following amendments:
Page
5, delete lines 4 to 9 and insert:
"(24)
a project for construction of a specialty psychiatric hospital in the city of
Woodbury for up to 66 beds, exclusively for patients who are under 21 years of
age on the date of admission, provided the hospital shall be subject to the
Federal Emergency Medical Treatment and Active Labor Act and Centers for Medicaid
and Medicare certification including, but not limited to:
(i)
accepting emergency transfers and admissions 24 hours a day, 365 days a year;
(ii)
having physicians on site or on call and able to respond on site 24 hours a
day;
(iii)
providing emergency medical treatment regardless of ability to pay; and
(iv)
establishing a transfer agreement with a general hospital for services not
available at the facility."
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. 3547, A bill for an act relating to natural resources; modifying aquatic
farm and invasive species provisions; authorizing certain fees; modifying horse
pass requirements; modifying report requirements for game and fish fund;
providing for wildlife disease management; modifying disposition of pheasant
habitat improvement account; modifying wild turkey management account;
modifying hunting and fishing licensing and taking provisions; requiring
reports; providing for rulemaking; appropriating money; amending Minnesota
Statutes 2006, sections 17.4981; 84.027, subdivision 15; 84D.10, subdivision 2;
84D.13, subdivision 4; 85.46, subdivision 1; 97A.015, by adding a subdivision;
97A.045, subdivision 11; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5;
97A.311, subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2;
97A.434, subdivision 2; 97A.435, subdivision 4; 97A.451, subdivision 4, by
adding a subdivision; 97A.475, subdivision 5; 97A.485, subdivision 6; 97A.535,
subdivision 1; 97B.015, subdivision 5; 97B.041; 97B.106, subdivision 1;
97B.211, subdivision 1; 97B.301, subdivision 6, by adding a subdivision;
97B.405; 97B.431; 97B.621, subdivision 3; 97B.711, subdivision 1; 97B.721;
97C.001, subdivision 3; 97C.005, subdivision 3; 97C.205; 97C.315, subdivision
1; 97C.355, subdivisions 4, 7, 7a; 97C.371, subdivision 4, by adding a
subdivision; 97C.395, subdivision 1; 97C.865, subdivision 2; Minnesota Statutes
2007 Supplement, sections 17.4984, subdivision 1; 97A.055, subdivision 4;
97A.405, subdivision 2; 97A.441, subdivision 7; 97A.451, subdivision 3;
97A.475, subdivisions 2, 3, 7, 11, 12, 16; 97B.031, subdivision 1; 97B.035,
subdivision 1a; 97B.036; 97B.328; 97C.355, subdivisions 2, 8; proposing coding
for new law in Minnesota Statutes, chapter 97C; repealing Minnesota Statutes
2006, section 97A.411, subdivision 2; Minnesota Rules, parts 6232.0200, subpart
4; 6232.0300, subpart 4; 6234.0100, subpart 4.
Reported
the same back with the recommendation that 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. 3873, A bill for an act relating to human services; prohibiting the release
of the names of certain potential enrollees to health plans for marketing
purposes; amending Minnesota Statutes 2006, section 256B.69, subdivision 28.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3969, A bill for an act relating to state government; authorizing the
secretary of state to transfer funds.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Laws 2007, chapter 148, article 1,
section 7, is amended to read:
Sec. 7. SECRETARY OF STATE $9,019,000 $6,497,000
Appropriations by Fund
2008 2009
General 6,175,000 6,497,000
Special Revenue 2,844,000
(a) $310,000 of this
appropriation must be transferred to the Help America Vote Act account and is
designated as a portion of the match required by section 253(b)(5) of the Help
America Vote Act.
(b) $2,844,000 the first
year is appropriated from the Help America Vote Act account for the purposes
and uses authorized by federal law.
This appropriation is available until June 30, 2009.
(c) Notwithstanding Laws
2005, chapter 162, section 34, subdivision 7, any balance remaining in the Help
America Vote Act account after previous appropriations and the appropriations
in this section is appropriated to the secretary of state for the purposes of
the account. This appropriation is
available until June 30, 2011.
(d) The amount necessary to
meet federal requirements for interest payments and the additional match for
the Help America Vote Act account is transferred from the general fund
appropriation to the Help America Vote Act account.
EFFECTIVE DATE. This section is effective the day following final enactment."
Correct the title numbers accordingly
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. 4014, A bill for an act relating to Steele County; authorizing transfer of
nursing home and assisted living facility and related assets to nonprofit
corporation and acquisition of membership interest in nonprofit corporation.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
144A.071, subdivision 4c, is amended to read:
Subd.
4c. Exceptions for replacement beds after June 30, 2003. (a) The commissioner of health, in
coordination with the commissioner of human services, may approve the
renovation, replacement, upgrading, or relocation of a nursing home or boarding
care home, under the following conditions:
(1) to
license and certify an 80-bed city-owned facility in Nicollet County to be
constructed on the site of a new city-owned hospital to replace an existing
85-bed facility attached to a hospital that is also being replaced. The threshold allowed for this project under
section 144A.073 shall be the maximum amount available to pay the additional
medical assistance costs of the new facility;
(2) to
license and certify 29 beds to be added to an existing 69-bed facility in St.
Louis County, provided that the 29 beds must be transferred from active or
layaway status at an existing facility in St. Louis County that had 235 beds on
April 1, 2003.
The licensed capacity at the
235-bed facility must be reduced to 206 beds, but the payment rate at that
facility shall not be adjusted as a result of this transfer. The operating payment rate of the facility
adding beds after completion of this project shall be the same as it was on the
day prior to the day the beds are licensed and certified. This project shall not proceed unless it is
approved and financed under the provisions of section 144A.073;
(3) to
license and certify a new 60-bed facility in Austin, provided that: (i) 45 of the new beds are transferred from
a 45-bed facility in Austin under common ownership that is closed and 15 of the
new beds are transferred from a 182-bed facility in Albert Lea under common
ownership; (ii) the commissioner of human services is authorized by the 2004
legislature to negotiate budget-neutral planned nursing facility closures; and
(iii) money is available from planned closures of facilities under common
ownership to make implementation of this clause budget-neutral to the
state. The bed capacity of the Albert Lea facility
shall be reduced to 167 beds following the transfer. Of the 60 beds at the new facility, 20 beds shall be used for a
special care unit for persons with Alzheimer's disease or related dementias; and
(4) to
license and certify up to 80 beds transferred from an existing state-owned
nursing facility in Cass County to a new facility located on the grounds of the
Ah-Gwah-Ching campus. The operating
cost payment rates for the new facility shall be determined based on the
interim and settle-up payment provisions of Minnesota Rules, part 9549.0057,
and the reimbursement provisions of section 256B.431. The property payment rate for the first three years of operation
shall be $35 per day. For subsequent
years, the property payment rate of $35 per day shall be adjusted for inflation
as provided in section 256B.434, subdivision 4, paragraph (c), as long as the
facility has a contract under section 256B.434; and
(5)
to initiate a pilot program to license and certify up to 80 beds transferred
from an existing county-owned nursing facility in Steele County relocated to
the site of a new acute care facility as part of the county's Communities for a
Lifetime comprehensive plan to create innovative responses to the aging of its
population. Upon relocation to the new
site, the nursing facility shall delicense 28 beds. The property payment rate for the first three years of operation
of the new facility shall be increased by an amount as calculated according to
items (i) to (v):
(i)
compute the estimated decrease in medical assistance residents served by the
nursing facility by multiplying the decrease in licensed beds by the historical
percentage of medical assistance resident days;
(ii)
compute the annual savings to the medical assistance program from the
delicensure of 28 beds by multiplying the anticipated decrease in medical
assistance residents, determined in item (i), by the existing facility's
weighted average payment rate multiplied by 365;
(iii)
compute the anticipated annual costs for community-based services by
multiplying the anticipated decrease in medical assistance residents served by
the nursing facility, determined in item (i), by the average monthly elderly
waiver service costs for individuals in Steele County multiplied by 12;
(iv)
subtract the amount in item (iii) from the amount in item (ii);
(v)
divide the amount in item (iv) by an amount equal to the relocated nursing
facility's occupancy factor under section 256B.431, subdivision 3f, paragraph
(c), multiplied by the historical percentage of medical assistance resident
days.
For
subsequent years, the adjusted property payment rate shall be adjusted for
inflation as provided in section 256B.434, subdivision 4, paragraph (c), as
long as the facility has a contract under section 256B.434.
(b)
Projects approved under this subdivision shall be treated in a manner
equivalent to projects approved under subdivision 4a.
Sec.
2. STEELE
COUNTY ASSET TRANSFER; STATUS OF TRANSFEREE.
Subdivision
1. Asset
transfer authorized. Steele
County may lease, sell, or otherwise transfer to a nonprofit corporation all of
the real and personal property, tangible and intangible, including contract
rights, receivables, and enterprise funds, owned or used by the county for
nursing home, assisted living, and related purposes and may acquire a
membership interest in the nonprofit corporation. Any lease must provide for rent payable by the corporation at
least sufficient to pay the principal and interest on the outstanding bonds of
the county issued to finance any of the facilities. The lease may grant the corporation an option or require the
corporation to purchase the facilities upon payment or redemption of the
outstanding bonds. Any lease, sale, or
other transfer must be on terms and conditions approved by the county board,
without advertisement or public solicitation of bids.
Subd.
2. Status
of transferee. The articles
of incorporation or bylaws of the transferee corporation may provide that the
county board has the right to appoint and remove one or more members of the
governing board of the corporation and that specified actions be subject to the
approval of the members. The
corporation shall be a nonprofit corporation organized under Minnesota
Statutes, chapter 317A, and entitled to exercise all of the powers of a
nonprofit corporation under that chapter.
If the county board does not have the right to appoint a majority of the
governing board of the nonprofit corporation, neither Minnesota Statutes,
section 465.717, nor other laws applicable to public corporations shall apply
to the nonprofit corporation.
Subd.
3. Open
meeting law; data practices. A
nonprofit corporation created under this section is subject to the Minnesota
Open Meeting Law and Minnesota Government Data Practices Act.
EFFECTIVE DATE; LOCAL
APPROVAL. This section is effective the day after
the governing body of Steele County and its chief clerical officer timely
complete compliance with Minnesota Statutes, section 645.021, subdivisions 2
and 3."
Delete
the title and insert:
"A
bill for an act relating to Steele County; authorizing transfer of nursing home
and assisted living facility and related assets to nonprofit corporation and
acquisition of membership interest in nonprofit corporation; providing an
exception to the moratorium on new nursing home beds for beds transferred to a
new site within the county; amending Minnesota Statutes 2006, section 144A.071,
subdivision 4c."
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. 4100, A bill for an act relating to transportation; establishing driver and
vehicle services technology account; imposing technology surcharge; adjusting
certain fees; amending Minnesota Statutes 2006, sections 168.013, by adding a
subdivision; 168A.29, as amended; 299A.705, by adding a subdivision; Minnesota
Statutes 2007 Supplement, section 171.06, subdivision 2.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Ways and Means.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 3494, 3539, 3873 and 4014 were read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Hornstein; Hausman; Anzelc; Laine; Murphy, E.; Slocum; Mariani;
Johnson; Wagenius; Greiling; Kahn; Clark; Loeffler; Bly; Hansen; Davnie;
Swails; Tschumper and Paymar introduced:
H. F. No. 4213, A bill for an act relating to nuclear waste;
prohibiting issuance of a certificate of need to expand nuclear waste storage
at Prairie Island; amending Minnesota Statutes 2006, section 216B.243, by
adding a subdivision.
The bill was read for the first time and referred to the Energy
Finance and Policy Division.
Loeffler, Hosch and Murphy, E., introduced:
H. F. No. 4214, A bill for an act relating to human services;
increasing the medical assistance asset limit for elderly individuals who own
and occupy a homestead; amending Minnesota Statutes 2006, section 256B.056,
subdivision 3.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Peppin; Otremba; Fritz; Garofalo; Drazkowski; Anderson, B.;
Wardlow; Gunther; Emmer; Buesgens; Dettmer and Dean introduced:
H. F. No. 4215, A bill for an act relating to abortions;
regulating retention and composition of medical records; proposing coding for
new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Bigham and Hilstrom introduced:
H. F. No. 4216, A bill for an act relating to public safety;
requiring that uniform traffic ticket contain notice of the criminal and
traffic surcharge; amending Minnesota Statutes 2006, section 169.99, by adding
a subdivision.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Mariani, Norton, Lieder, Haws, Swails, Wollschlager, Tillberry,
Bigham and Knuth introduced:
H. F. No. 4217, A bill for an act relating to education
finance; modifying the school finance system; creating a new education funding
framework; amending Minnesota Statutes 2006, sections 123B.53, subdivision 5;
123B.57, subdivision 4; 123B.59, subdivision 1; 123B.591, subdivisions 2, 3;
124D.59, subdivision 2; 124D.65, subdivision 5; 125A.79, subdivision 7;
126C.01, by adding subdivisions; 126C.05, subdivisions 3, 5, 6, 8, 16, 17;
126C.10, subdivisions 1, 2a, 3, 4, 6, 13, 18, by adding subdivisions; 126C.13,
subdivision 5; 126C.17, subdivision 1; 126C.20; 126C.40, subdivision 1;
Minnesota Statutes 2007 Supplement, sections 125A.76, subdivision 5; 126C.05,
subdivision 1; 126C.10, subdivision 2; 126C.13, subdivision 4; proposing coding
for new law in Minnesota Statutes,
chapters 123B; 126C;
repealing Minnesota Statutes 2006, sections 126C.10, subdivisions 13a, 13b, 25,
26, 27, 28, 29, 30, 31, 31a, 31b, 32, 33, 35, 36; 126C.12; 127A.50; Minnesota
Statutes 2007 Supplement, sections 123B.54; 125A.76, subdivision 4; 125A.79,
subdivision 6; 126C.10, subdivisions 2b, 24, 34; 126C.126.
The bill was read for the first time and referred to the
Committee on Finance.
MESSAGES FROM THE SENATE
The following message was received from 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. 3172, A bill for an act relating to elections;
changing certain ballot delivery, election judge, mail election, special
election and special primary, school district election, and postelection review
procedures; authorizing continued use of certain applications; amending
Minnesota Statutes 2006, sections 203B.06, subdivision 3; 203B.11, subdivision
4; 204B.21; 204B.46; 204D.19, subdivision 2; 204D.23, subdivision 2; 204D.27,
by adding a subdivision; 205.075, by adding a subdivision; 205A.03, subdivision
1; 205A.06, subdivision 1a; 205A.10, subdivision 2; 205A.12, by adding a
subdivision; 206.89, subdivision 5.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
Pelowski moved that the House refuse to concur in the Senate
amendments to H. F. No. 3172, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON 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.
April
23, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3477 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
3477 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
327.64, subdivision 2, is amended to read:
Subd.
2. Notice;
service. (a) A secured party
may commence repossession of a manufactured home by personally serving upon,
or by sending by certified or registered United States mail and concurrently
sending a copy of the notice by first class mail to, the occupant of the mobile
manufactured home a notice and, if the occupant is not the debtor, by
sending a registered or certified letter to the last known address of the
debtor under the security agreement, both setting forth the circumstances
constituting the default under the security agreement and stating that the
secured party will at the expiration of a 30-day period following receipt of
the notice seek a court order removing the occupant from the manufactured home
and repossessing the manufactured home, unless the debtor or the occupant
acting on behalf of the debtor cures the default prior to that time and in the
manner provided by section 327.66. If
notice is mailed to a debtor in accordance with this subdivision, the secured
party by affidavit shall set forth the circumstances causing the secured party
to believe that the debtor could be reached at the address to which the notice
was mailed. The affidavit shall state
that the secured party has no reason to believe reliable information
causing the secured party to conclude that the debtor might receive mailed
notice at another address.
(b)
The notice must state: "Your loan is currently in default. Contact us immediately at [insert phone
number] to discuss possible options for preventing repossession. We encourage you to seek assistance from the
foreclosure prevention counseling program in your area. Nearby community agencies will answer your
questions, offer free advice, and help you create a plan. You can contact the Minnesota Home Ownership
Center at (866) 462-6646 or www.hocmn.org to get the phone number and location
of the nearest foreclosure prevention organization. Call today. Waiting
limits your options. IF YOU DO NOT
BECOME CURRENT ON YOUR LOAN WITHIN 30 DAYS, WE WILL SEEK A COURT ORDER
REPOSSESSING THE HOME, AND BY COURT ORDER YOU WILL HAVE TO VACATE THE
HOME."
(c)
If the debtor does not sign for the registered or certified letter containing
the notice within seven calendar days of the first attempted delivery, the
secured party may proceed with all permissible actions provided in statute as
though the debtor's signature has been secured.
Sec.
2. Minnesota Statutes 2006, section
327.65, is amended to read:
327.65 COURT ORDER.
Except
in cases of voluntary repossession, upon expiration of the 30-day period
specified in the notices required by section 327.64, a secured party must apply
to the district court in the county in which the manufactured home is located
for an order pursuant to chapter 565 directing the seizure and delivery of the
manufactured home. The application
shall be accompanied by a copy of the security agreement entitling the secured
party to repossession of the manufactured home, a copy of the notices
required under sections 327.64 and 327.665, and by the an
affidavit required by section 327.64 if notice is mailed to the debtor
of service stating that the notices required under sections 327.64 and 327.665
were properly served upon the occupant, and if the occupant of the home is not
the debtor, the debtor. The notices
required by section sections 327.64 and 327.665 shall not
be considered as satisfying any of the notice requirements under chapter 565.
Sec.
3. [327.651]
VOLUNTARY REPOSSESSION.
The
secured party and the debtor and occupant, if the debtor is not the occupant,
may agree in writing on a voluntary surrender of the title and possession of
the manufactured home to the secured party prior to or after the end of the
30-day period specified under section 327.64.
The secured party may file the agreement and any other documents
necessary to transfer the title in the manner required under chapter 336. When this provision is exercised, notice
under section 327.64, subdivision 3 is not applicable.
Sec.
4. Minnesota Statutes 2006, section
327.66, is amended to read:
327.66 CURE OF DEFAULT.
A
debtor, or an occupant of a manufactured home acting on behalf of a debtor, may
within the 30 day period specified in the notices required by section 327.64,
cure a default by tendering full payment of the sums then in arrears under the
terms of the security agreement, or by otherwise remedying the default, and by
paying the reasonable costs, not to exceed the sum of $15 $100,
incurred by the secured party to enforce the security agreement. Cure of a default in accordance with the
provisions of this section shall suspend the secured party's right to seek
repossession of the manufactured home under the provisions of sections 327.61
to 327.67.
Sec.
5. [327.665]
REINSTATEMENT.
Subdivision
1. Right
to reinstate. (a) If the
debtor does not cure the default within the 30-day period specified in section
327.66, the secured party must send a registered or certified letter and
concurrently send a copy of the notice by first class mail to the occupant of
the home and, if the debtor is different than the occupant, to the debtor,
stating that the debtor has 30 days to reinstate the loan by paying the
defaulted amount plus additional allowable fees incurred by the secured party
in order to regain possession of the home.
(b)
If the debtor does not sign for the registered or certified letter containing
the notice within seven calendar days of the first attempted delivery, the
secured party may proceed with all permissible actions provided in statute as
though the debtor's signature had been secured.
Subd.
2. Required
notice; contents of notice. (a)
The notice shall contain, at a minimum, the following information:
(1)
the name of the secured party, the debtor, each current assignee of the loan,
if any, and the original or maximum principal amount secured by the loan;
(2)
the date of the loan;
(3)
the amount in arrears on the loan as of
the date of the notice;
(4)
a description of the manufactured home upon which the loan is secured,
conforming substantially to that contained in the loan documents;
(5)
the amount of allowable fees incurred by the secured party in order to regain
possession of the home prior to the court order.
(b)
The notice must also state: "Your manufactured home is currently being
repossessed. Contact us immediately at
[insert phone number] to discuss possible options for reinstating your
loan. We encourage you to seek
counseling with the foreclosure prevention counselor in your area. Nearby community agencies will answer your
questions, offer free advice, and help you create a plan. You can contact the Minnesota Home Ownership
Center at 866-462-6646 or www.hocmn.org to get the phone number and location of
the nearest counseling organization.
Call today. Waiting limits your
options. If you do not become current
on your loan within 30 days, including any additional fees, you will no longer
be entitled to reinstate your loan. We
are seeking a court order repossessing the home, and by court order you will
have to vacate the home."
Subd.
3. Action
to repossess; termination of action.
At any time after the expiration of the 30-day period required under
section 327.64, the creditor may proceed with a court action under section 327.65,
so long as the right to reinstate has not been exercised. The exercise of the right to reinstatement
in accordance with the provisions
of
this section shall suspend the secured party's right to seek repossession of
the manufactured home under the provisions of sections 327.61 to 327.67 and
shall immediately terminate any court action filed pursuant to sections 327.61
to 327.67 or section 565.
Subd.
4. Allowable
costs. For the purposes of
this section, allowable costs that can be recovered include insurance;
delinquent taxes, if any, upon the premises; interest to date of payment; cost
of services of process or notices; filing fees; attorney fees, not to exceed
$150 or one-half of the attorney fees authorized by section 582.01, whichever
is greater; together with other lawful disbursements necessarily incurred in
connection with the proceedings by the party repossessing.
Sec.
6. Minnesota Statutes 2006, section
327B.01, is amended by adding a subdivision to read:
Subd.
2a. Borrower. "Borrower" means a person or
persons applying for or obtaining a manufactured home loan.
Sec.
7. Minnesota Statutes 2006, section
327B.01, is amended by adding a subdivision to read:
Subd.
4b. Churning. "Churning" means knowingly or
intentionally making, providing, or arranging for a manufactured home loan when
the new manufactured home loan does not provide a reasonable, tangible net
benefit to the borrower considering all of the circumstances, including the
terms of both the new and refinanced loans, the cost of the new loan, and the
borrower's circumstances.
Sec.
8. Minnesota Statutes 2006, section
327B.01, is amended by adding a subdivision to read:
Subd.
13a. Manufactured
home lender. "Manufactured
home lender" means a person who makes a manufactured home loan to a
borrower, including a person who provides table funding. A manufactured home lender includes an
affiliate, subsidiary, or any person acting as an agent of the lender. This definition does not apply to a
manufactured home loan originated by a federal or state chartered bank, savings
bank, credit union, or a licensed sales finance company as defined under
section 53C.01, subdivision 12.
Sec.
9. Minnesota Statutes 2006, section
327B.01, is amended by adding a subdivision to read:
Subd.
13b. Manufactured
home loan. "Manufactured
home loan" means a loan made to a person or persons for the purchase,
refinancing, improvement, or repair of a manufactured home.
Sec.
10. Minnesota Statutes 2006, section
327B.01, is amended by adding a subdivision to read:
Subd.
14b. Negative
amortization. "Negative
amortization" occurs when the borrower's compliance with any repayment
option offered pursuant to the terms of the manufactured home loan is
insufficient to satisfy the interest accruing on the loan, resulting in an
increase in the loan balance. Negative
amortization does not occur when a manufactured home loan is originated,
subsidized, or guaranteed by or through a state, tribal, or local government,
or nonprofit organization, and bears one or more of the following nonstandard
payment terms that substantially benefit the borrower:
(1)
payments vary with income;
(2)
payments of principal and interest are deferred until the maturity date of the
loan or the sale of the residence;
(3)
principal or interest is forgivable under specified conditions; or
(4)
where no interest or an annual interest rate of two percent or less is charged
in connection with the loan, and excludes existing loan modifications and
payment extensions mutually agreed upon by the secured party and debtor.
Sec.
11. Minnesota Statutes 2006, section
327B.08, is amended by adding a subdivision to read:
Subd.
6. Duty
of agency. (a) A person
acting as a broker shall be considered to have created an agency relationship
with the borrower in all cases and shall comply with the following duties:
(1)
brokers shall reasonably act:
(i)
in the borrower's best interest;
(ii)
in the utmost good faith toward borrowers; and
(iii)
so as not to compromise a borrower's right or interest in favor of another's
right or interest, including a right or interest of the broker. A broker shall not accept, give, or charge
any undisclosed compensation or realize any undisclosed remuneration, either
through direct or indirect means, that inures to the benefit of the broker on
an expenditure made for the borrower;
(2)
brokers shall carry out all lawful instructions given by borrowers;
(3)
brokers shall disclose to borrowers all material facts of which the broker has
knowledge which might reasonably affect the borrower's rights, interests, or
ability to receive the borrower's intended benefit from the manufactured home
loan, but not facts which are reasonably susceptible to the knowledge of the
borrower;
(4)
brokers shall use reasonable care in performing duties; and
(5)
brokers shall account to a borrower for all the borrower's money and property
received as an agent.
(b)
The duty of agency does not attach to a broker who is:
(1)
a dealer or retailer;
(2)
a limited dealer or retailer;
(3)
licensed as a sales finance company as defined under section 53C.01,
subdivision 12;
(4)
employed by:
(i)
a manufactured home lender;
(ii)
a dealer or retailer;
(iii)
a limited dealer or retailer; or
(iv)
a licensed sales finance company as defined under section 53C.01, subdivision
12;
(5)
a person who has an exclusive contract to act as a broker for:
(i)
a manufactured home lender;
(ii)
a dealer or retailer;
(iii)
a limited dealer or retailer; or
(iv)
a licensed sales finance company as defined under section 53C.01, subdivision
12.
(c)
Nothing in this section prohibits a broker who is bound by the duty of agency
from contracting for or collecting a reasonable fee for services rendered and
which had been disclosed to the borrower in advance of the provision of such
services.
(d)
Nothing in this section requires a broker who is bound by the duty of agency to
obtain a loan containing terms or conditions not available to the broker in the
broker's usual course of business, or to obtain a loan for the borrower from a
manufactured home loan lender with whom the broker does not have a business
relationship.
Sec.
12. Minnesota Statutes 2006, section
327B.09, is amended by adding a subdivision to read:
Subd.
6. Standards
of conduct. (a) No
manufactured home lender shall:
(1)
charge a fee for a product or service where the product or service is not
actually provided, or misrepresent the amount charged by or paid to a
third-party for a product or service;
(2)
make or cause to be made, directly or indirectly, any false, deceptive, or
misleading statement or representation in connection with a manufactured home
loan transaction, including, without limitation, a false, deceptive, or
misleading statement or representation regarding the borrower's ability to
qualify for any manufactured home loan product;
(3)
issue any document indicating conditional qualification or conditional approval
for a manufactured home loan, unless the document also clearly indicates that
final qualification or approval is not guaranteed, and may be subject to
additional review;
(4)
make or assist in making any manufactured home loan without verifying the
reasonable ability of the borrower to repay the loan, taking into consideration
taxes and insurance in connection with the manufactured home;
(5)
make, provide, or arrange for a manufactured home loan for a higher interest
rate or on less favorable terms than the rate or terms for which the borrower
qualifies based on criteria typically used by that lender to evaluate rate and
term offerings;
(6)
make, provide, or arrange for a manufactured home loan all or a portion of the
proceeds of which are used to fully or partially pay off a "special
loan" unless the borrower has obtained a written certification from an
authorized independent loan counselor that the borrower has received counseling
on the advisability of the loan transaction.
For the purposes of this section, "special loan" means a loan
for the purchase, refinance, improvement, or repair of the manufactured home
originated, subsidized, or guaranteed by or through a state, tribal, or local
government, or nonprofit organization, that bears one or more of the following
nonstandard payment terms, which substantially benefit the borrower:
(i)
payments vary with income;
(ii)
payments of principal or interest are not required or can be deferred under
specified conditions;
(iii)
principal or interest is forgivable under specified conditions; or
(iv)
where no interest or an annual interest rate of two percent or less is charged
in connection with the loan. For the
purposes of this section, "authorized independent loan counselor"
means a nonprofit, third-party individual or organization providing homebuyer
education programs, foreclosure prevention services, loan counseling, or credit
counseling certified by the United States Department of Housing and Urban
Development, the Minnesota Home Ownership Center, the Minnesota Mortgage
Foreclosure Prevention Association, AARP, or NeighborWorks America.
(7)
engage in churning; or
(8)
make, provide, or arrange for a manufactured home loan if the borrower's
compliance with any repayment option offered under the terms of the loan will
result in negative amortization during any six-month period. This excludes existing loan extensions and
modifications.
(b)
This subdivision does not apply to a state or federally chartered bank, savings
bank, or credit union, an institution chartered by Congress under the Farm
Credit Act, or to a person making, providing, or arranging a manufactured home
loan originated or purchased by a state agency or a tribal or local unit of
government.
Sec.
13. [327B.095] INTEREST, POINTS, FINANCE CHARGES, FEES, AND OTHER
CHARGES.
Subdivision
1. Financed
interest, points, finance charges, fees, and other charges. (a) A manufactured home lender making or
modifying a manufactured home loan to a borrower located in this state must not
include in the principal amount of any loan, all or any portion of any lender
fee in an aggregate amount exceeding:
(1)
five percent of the loan amount for loans over $60,000;
(2)
six percent of the loan amount for loans less than $60,000, but greater than or
equal to $40,000; or
(3)
eight percent of the loan amount for loans of less than $40,000.
(b)
"Lender fee" means interest, origination points, finance charges,
fees, and other charges payable in connection with the manufactured home loan:
(1)
by the borrower to any manufactured home lender or broker or to any assignee of
any manufactured home lender or broker; or
(2)
by the lender to a broker.
(c)
Lender fee does not include discount points, provided there is a concomitant
benefit to the borrower, recording fees, taxes, passthroughs, or other amounts
that are paid by any person to any government entity, filing office, or other
third party that is not a manufactured home lender or broker or to any assignee
of any manufactured home lender or broker.
Lender fee also does not include any amount that is set aside to pay
taxes or insurance on any property securing the manufactured home loan.
(d)
"Loan amount" means:
(1)
for a line of credit, the maximum principal amount of the line of credit; and
(2)
for any other manufactured home loan, the principal amount of the loan,
excluding all interest, points, finance charges, fees, and other charges.
(e)
A manufactured home lender or broker shall not charge, receive, or collect any
excess financed interest, points, finance charges, fees, or other charges
described in this subdivision, or any interest, points, finance charges, fees,
or other charges with respect to this excess.
Subd.
2. Prepayment
penalties. No manufactured
home loan may contain a provision requiring or permitting the imposition of a
penalty, fee, premium, or other charge in the event the manufactured home loan
is prepaid in whole or in part unless the penalty, fee, premium, or other
charge constitutes consideration for an equal or greater benefit to the
borrower.
Subd.
3. Exemption. This section does not apply to a
manufactured home loan originated by a federal or state chartered bank, savings
bank, credit union, or a licensed sales finance company as defined under
section 53C.01, subdivision 12.
Sec.
14. Minnesota Statutes 2006, section
327B.12, is amended to read:
327B.12 ADDITIONAL REMEDIES AND ENFORCEMENT.
Subdivision
1. Private
remedies. (a) Any person
injured or threatened with injury by a dealer or manufacturer's violation of
sections 327B.01 to 327B.12 may bring a private action in any court of
competent jurisdiction.
(b)
A borrower injured by a violation of the standards, duties, prohibitions, or
requirements of sections 327B.08, subdivision 6; 325B.09, subdivision 6; or
325B.095, shall have a private right of action and the court shall award
actual, incidental, and consequential damages.
Subd.
2. Fraud
remedies. In addition to the
remedies provided in sections 327B.01 to 327B.12, any violation of section
327B.08 or 327B.09 is a violation of section 325F.69, subdivision 1 and the
provisions of section 8.31 shall apply.
A private right of action by the borrower under this chapter is in
the public interest."
Delete
the title and insert:
"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."
We
request the adoption of this report and repassage of the bill.
House Conferees: Paul Gardner, Jim Davnie and John Berns.
Senate Conferees: John Marty, Michael J. Jungbauer and Linda
Scheid.
Gardner moved that the report of the Conference Committee on
H. F. No. 3477 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
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 bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 126 yeas
and 3 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
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
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:
Buesgens
Emmer
Olson
The bill was repassed, as amended by Conference, and its title
agreed to.
CALENDAR FOR THE DAY
S. F. No. 2939, A bill for an act relating to
telecommunications; modifying provisions relating to alternative regulation
plans; amending Minnesota Statutes 2006, section 237.766, by adding a
subdivision.
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 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
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. 3174 was reported to the House.
Paulsen and Erhardt moved to
amend S. F. No. 3174 as follows:
Page 32, after line 19,
insert:
"Sec. 12. Minnesota Statutes 2007 Supplement, section
80A.65, subdivision 1, is amended to read:
Subdivision 1. Registration
or notice filing fee. (a) There
shall be a filing fee of $100 for every application for registration or notice
filing. There shall be an additional
fee of one-tenth of one percent of the maximum aggregate offering price at
which the securities are to be offered in this state, and the maximum combined
fees shall not exceed $300.
(b) When an application for
registration is withdrawn before the effective date or a preeffective stop
order is entered under section 80A.54, all but the $100 filing fee shall be
returned. If an application to register
securities is denied, the total of all fees received shall be retained.
(c) Where a filing is made
in connection with a federal covered security under section 18(b)(2) of the
Securities Act of 1933, there is a fee of $100 for every initial filing. If the filing is made in connection with
redeemable securities issued by an open end management company or unit
investment trust, as defined in the Investment Company Act of 1940, there is an
additional annual fee of 1/20 of one percent of the maximum aggregate offering
price at which the securities are to be offered in this state during the notice
filing period. The fee must be paid at
the time of the initial filing and thereafter in connection with each renewal
no later than July 1 of each year and must be sufficient to cover the shares
the issuer expects to sell in this state over the next 12 months. If during a current notice filing the issuer
determines it is likely to sell shares in excess of the shares for which fees
have been paid to the administrator, the issuer shall submit an amended notice
filing to the administrator under section 80A.50, together with a fee of 1/20
of one percent of the maximum aggregate offering price of the additional
shares. Shares for which a fee has been
paid, but which have not been sold at the time of expiration of the notice
filing, may not be sold unless an additional fee to cover the shares has been
paid to the administrator as provided in this section and section 80A.50. If the filing is made in connection with
redeemable securities issued by such a company or trust, there is no maximum
fee for securities filings made according to this paragraph. If the filing is made in connection
with any other federal
covered security under Section 18(b)(2) of the Securities Act of 1933, there is
an additional fee of one-tenth of one percent of the maximum aggregate offering
price at which the securities are to be offered in this state, and the combined
fees shall not exceed $300. Beginning
with fiscal year 2001 and continuing each fiscal year thereafter, as of the
last day of each fiscal year, the administrator shall determine the total amount
of all fees that were collected under this paragraph in connection with any
filings made for that fiscal year for securities of an open-end investment
company on behalf of a security that is a federal covered security pursuant to
section 18(b)(2) of the Securities Act of 1933. To the extent the total fees collected by the administrator in
connection with these filings exceed $25,600,000
the cost to the commissioner of regulating securities in a fiscal year, the
administrator shall refund, on a pro rata basis, to all persons who paid any
fees for that fiscal year, the amount of fees collected by the administrator in
excess of $25,600,000 the cost to the commissioner of regulating
securities. No individual refund is
required of amounts of $100 or less for a fiscal year.
EFFECTIVE DATE. This section is effective July 1, 2009."
A roll call was requested and properly seconded.
The question was taken on the Paulsen and Erhardt amendment and
the roll was called. There were 60 yeas
and 69 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Benson
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Kohls
Kranz
Lanning
Lieder
Magnus
McFarlane
McNamara
Morgan
Nornes
Olson
Ozment
Paulsen
Pelowski
Peppin
Peterson, N.
Poppe
Ruth
Ruud
Seifert
Severson
Shimanski
Simpson
Slawik
Smith
Swails
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Peterson, A.
Peterson, S.
Rukavina
Sailer
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
S. F. No. 3174, A bill for an act relating to securities;
modifying the Minnesota Securities Act; regulating registrations, filings, and
fees; making various technical changes; amending Minnesota Statutes 2006,
sections 80A.40; 80A.41; 80A.46; 80A.50; 80A.52; 80A.54; 80A.55; 80A.56;
80A.57; 80A.58; 80A.60; 80A.65, subdivision 2, by adding a subdivision; 80A.66;
80A.67; 80A.76; 80A.82; 80A.83; 80A.85; 80A.87.
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 122 yeas and 8
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
Drazkowski
Eastlund
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
Seifert
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.
Buesgens
Emmer
Erickson
Hackbarth
Olson
Peppin
Shimanski
The bill was passed and its title agreed to.
S. F. No. 3331, A bill for an act relating to local government
finance; permitting Minneapolis Park and Recreation Board to retain proceeds
from the condemnation of park lands necessary for the reconstruction and
expansion of marked Interstate Highway 35W at the Mississippi River.
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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
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. 2996, A bill for an act relating to energy and the
environment; extending the definition of biomass with respect to renewable
energy objectives, distributed energy resources, and renewable energy resource
planning; extending the expiration date for the Metropolitan Area Water Supply
Advisory Committee; amending Minnesota Statutes 2006, sections 216B.2411,
subdivision 2; 216B.2422, subdivision 1; 473.1565, subdivision 2; Minnesota
Statutes 2007 Supplement, section 216B.1691, 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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
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. 3455, A bill for an act relating to commerce;
regulating the purchase and receipt of beer kegs by scrap metal dealers;
amending Minnesota Statutes 2007 Supplement, section 325E.21, by adding a
subdivision.
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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
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. 3564, A bill for an act relating to transportation
finance; correcting transitional rate of special fuel excise tax on compressed
natural gas; amending Laws 2008, chapter 152, article 3, section 6.
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 90 yeas and 40
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kohls
Lanning
McFarlane
McNamara
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
The bill was passed and its title agreed to.
S. F. No. 3098, A bill for an act relating to lawful gambling;
providing for certain penalties; modifying licensing and other regulatory
provisions; making changes to expenditure restrictions; modifying games and
prizes; making clarifying, conforming, and technical changes to lawful
gambling; requiring a report; amending Minnesota Statutes 2006, sections
349.12, subdivisions 18, 31; 349.15, by adding a subdivision; 349.161,
subdivisions 1, 5; 349.1641; 349.167, subdivisions 2, 4, 7; 349.17, subdivision
7; 349.18, subdivision 1; 349.19, subdivision 10; 349.191, subdivisions 1a, 1b;
349.2113; Minnesota Statutes 2007 Supplement, sections 349.15, subdivision 1;
349.17, subdivision 8; 349.211, subdivisions 2, 2a, 2c, 3, 4, by adding a
subdivision.
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 127 yeas and 3
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
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:
Emmer
Holberg
Olson
The bill was passed and its title agreed to.
H. F. No. 3376 was reported to the House.
Seifert moved to amend H. F.
No. 3376, the second engrossment, as follows:
Page 1, after line 17,
insert:
"Section 1. Minnesota Statutes 2006, section 256J.39, is
amended by adding a subdivision to read:
Subd. 1a. Prohibited purchases. MFIP recipients are prohibited from using
MFIP monthly cash assistance payments issued in the form of an electronic
benefits transfer to purchase tobacco products or alcohol."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Urdahl moved to amend the Seifert amendment to H. F. No. 3376,
the second engrossment, as follows:
Page 1, line 7, after "products" insert ",
lottery tickets,"
A roll call was requested and properly seconded.
The question was taken on the amendment to the amendment and
the roll was called. There were 110
yeas and 16 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hosch
Howes
Huntley
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Seifert
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Thao
Tillberry
Tingelstad
Urdahl
Wagenius
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Clark
Dominguez
Hausman
Jaros
Kahn
Lesch
Mahoney
Mariani
Mullery
Murphy, E.
Nelson
Rukavina
Sertich
Slocum
Thissen
Walker
The motion prevailed and the amendment to the amendment was adopted.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
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
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
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
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
Howes moved to amend the Seifert amendment, as amended, to H.
F. No. 3376, the second engrossment, as follows:
Page 1, line 7, delete "alcohol" and insert
"alcoholic beverages"
The motion prevailed and the amendment to the amendment, as
amended, was adopted.
The question recurred on the Seifert amendment, as amended, and
the roll was called. There were 102
yeas and 28 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Juhnke
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Madore
Magnus
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Seifert
Severson
Shimanski
Simon
Simpson
Slawik
Smith
Solberg
Swails
Tillberry
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Carlson
Clark
Davnie
Dominguez
Greiling
Hausman
Hilty
Huntley
Jaros
Johnson
Kahn
Lesch
Loeffler
Mahoney
Mariani
Mullery
Murphy, E.
Murphy, M.
Nelson
Rukavina
Sertich
Slocum
Thao
Thissen
Wagenius
Walker
Winkler
Spk. Kelliher
The motion prevailed and the amendment, as amended, was
adopted.
Emmer moved to amend H. F.
No. 3376, the second engrossment, as amended, as follows:
Page 2, after line 7,
insert:
"Sec. 2. Minnesota Statutes 2007 Supplement, section
256J.49, subdivision 13, is amended to read:
Subd. 13. Work
activity. (a) "Work
activity" means any activity in a participant's approved employment plan
that leads to employment. For purposes
of the MFIP program, this includes activities that meet the definition of work
activity under the participation requirements of TANF. Work activity includes:
(1) unsubsidized employment,
including work study and paid apprenticeships or internships;
(2) subsidized private
sector or public sector employment, including grant diversion as specified in
section 256J.69, on-the-job training as specified in section 256J.66, the
self-employment investment demonstration program (SEID) as specified in section
256J.65, paid work experience, and supported work when a wage subsidy is
provided;
(3) unpaid work experience,
including community service, volunteer work, the community work experience
program as specified in section 256J.67, unpaid apprenticeships or internships,
and supported work when a wage subsidy is not provided. Unpaid work experience is only an option if
the participant has been unable to obtain or maintain paid employment in the
competitive labor market, and no paid work experience programs are available to
the participant. Unless a participant
consents to participating in unpaid work experience, the participant's
employment plan may only include unpaid work experience if including the unpaid
work experience in the plan will meet the following criteria:
(i) the unpaid work experience
will provide the participant specific skills or experience that cannot be
obtained through other work activity options where the participant resides or
is willing to reside; and
(ii) the skills or
experience gained through the unpaid work experience will result in higher
wages for the participant than the participant could earn without the unpaid
work experience;
(4) job search including job
readiness assistance, job clubs, job placement, job-related counseling, and job
retention services;
(5) job readiness education,
including English as a second language (ESL) or functional work literacy
classes as limited by the provisions of section 256J.531, subdivision 2,
general educational development (GED) course work, high school completion, and
adult basic education as limited by the provisions of section 256J.531,
subdivision 1;
(6) job skills training
directly related to employment, including education and training that can
reasonably be expected to lead to employment, as limited by the provisions of
section 256J.53;
(7) providing child care
services to a participant who is working in a community service program;
(8) activities included in
the employment plan that is developed under section 256J.521, subdivision 3;
and
(9) preemployment activities
including chemical and mental health assessments, treatment, and services;
learning disabilities services; child protective services; family stabilization
services; or other programs designed to enhance employability.
(b) "Work
activity" does not include activities related to distributing and
collecting voter registration cards."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Walker moved to amend the Emmer amendment to H. F. No. 3376,
the second engrossment, as amended, as follows:
Page 2, line 21, after "include" insert "partisan"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Emmer amendment, as amended, and
the roll was called. There were 83 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Benson
Berns
Bly
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Juhnke
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Magnus
Marquart
McFarlane
McNamara
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Seifert
Severson
Shimanski
Simpson
Smith
Swails
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Bigham
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Faust
Gardner
Greiling
Hansen
Hausman
Hilstrom
Hilty
Huntley
Jaros
Johnson
Kahn
Lesch
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Rukavina
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Winkler
Spk. Kelliher
The motion prevailed and the amendment, as amended, was
adopted.
Peppin moved to amend H. F.
No. 3376, the second engrossment, as amended, as follows:
Page 2, after line 7,
insert:
"Sec. 2. Minnesota Statutes 2007 Supplement, section
256J.49, subdivision 13, is amended to read:
Subd. 13. Work
activity. "Work activity"
means any activity in a participant's approved employment plan that leads to
employment. For purposes of the MFIP
program, this includes activities that meet the definition of work activity
under the participation requirements of TANF.
Work activity includes:
(1) unsubsidized employment,
including work study and paid apprenticeships or internships;
(2) subsidized private
sector or public sector employment, including grant diversion as specified in
section 256J.69, on-the-job training as specified in section 256J.66, the
self-employment investment demonstration program (SEID) as specified in section
256J.65, paid work experience, and supported work when a wage subsidy is
provided;
(3) unpaid work experience,
including community service, volunteer work, the community work experience
program as specified in section 256J.67, unpaid apprenticeships or internships,
and supported work when a wage subsidy is not provided. Unpaid work experience is only an option if
the participant has been unable to obtain or maintain paid employment in the
competitive labor market, and no paid work experience programs are available to
the participant. Unpaid work
experience must not include work on a political campaign. Unless a participant consents to
participating in unpaid work experience, the participant's employment plan may
only include unpaid work experience if including the unpaid work experience in
the plan will meet the following criteria:
(i) the unpaid work
experience will provide the participant specific skills or experience that
cannot be obtained through other work activity options where the participant
resides or is willing to reside; and
(ii) the skills or
experience gained through the unpaid work experience will result in higher
wages for the participant than the participant could earn without the unpaid
work experience;
(4) job search including job
readiness assistance, job clubs, job placement, job-related counseling, and job
retention services;
(5) job readiness education,
including English as a second language (ESL) or functional work literacy
classes as limited by the provisions of section 256J.531, subdivision 2,
general educational development (GED) course work, high school completion, and
adult basic education as limited by the provisions of section 256J.531, subdivision
1;
(6) job skills training
directly related to employment, including education and training that can
reasonably be expected to lead to employment, as limited by the provisions of
section 256J.53;
(7) providing child care
services to a participant who is working in a community service program;
(8) activities included in
the employment plan that is developed under section 256J.521, subdivision 3;
and
(9) preemployment activities
including chemical and mental health assessments, treatment, and services;
learning disabilities services; child protective services; family stabilization
services; or other programs designed to enhance employability."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Walker moved to amend the Peppin amendment to H. F. No. 3376,
the second engrossment, as amended, as follows:
Page 1, line 21, delete "political" and insert
"partisan"
The motion prevailed and the amendment to the amendment was
adopted.
The question recurred on the Peppin amendment, as amended, and
the roll was called. There were 88 yeas
and 43 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Benson
Berns
Bigham
Bly
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Juhnke
Kalin
Knuth
Koenen
Kohls
Kranz
Lanning
Lenczewski
Liebling
Lieder
Lillie
Magnus
Marquart
McFarlane
McNamara
Morgan
Morrow
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Seifert
Severson
Shimanski
Simon
Simpson
Smith
Swails
Tingelstad
Urdahl
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Faust
Gardner
Greiling
Hausman
Hilty
Huntley
Jaros
Johnson
Kahn
Laine
Lesch
Loeffler
Madore
Mahoney
Mariani
Masin
Moe
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Rukavina
Sertich
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Winkler
Spk. Kelliher
The motion prevailed and the amendment, as amended, was
adopted.
CALL
OF THE HOUSE LIFTED
Sertich moved that the call of the House be lifted. The motion prevailed and it was so ordered.
Gottwalt moved to amend H.
F. No. 3376, the second engrossment, as amended, as follows:
Page 6, delete section 4
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Gottwalt amendment and the roll
was called. There were 88 yeas and 42
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Atkins
Benson
Berns
Bigham
Brod
Brown
Brynaert
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hosch
Howes
Juhnke
Kalin
Koenen
Kohls
Kranz
Lanning
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, M.
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Sailer
Seifert
Severson
Shimanski
Simon
Simpson
Smith
Solberg
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
Those who
voted in the negative were:
Anzelc
Bly
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Fritz
Gardner
Hansen
Hausman
Hilty
Hortman
Huntley
Jaros
Johnson
Kahn
Knuth
Laine
Lenczewski
Loeffler
Madore
Mariani
Masin
Moe
Murphy, E.
Nelson
Norton
Paymar
Rukavina
Ruud
Sertich
Slawik
Slocum
Swails
Thao
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
The motion prevailed and the amendment was adopted.
H. F. No. 3376, A bill for an act relating to human services;
amending the MFIP work participation program; changing child care assistance
provisions; changing the child care assistance sliding fee scale; establishing
a child care advisory task force; requiring a mandated report; making technical
changes; amending Minnesota Statutes 2006, sections 119B.011, subdivision 17;
119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding a
subdivision; 119B.21, subdivision 10; 256E.30, subdivision 1; 256E.35,
subdivision 7; 256J.24, subdivision 5; 256J.39, by adding a subdivision;
256J.425, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5;
256J.545; Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125,
subdivision 2;
119B.13, subdivisions 1, 7;
119B.21, subdivision 5; 119B.231, subdivision 5; 245C.08, subdivision 2;
256E.35, subdivision 2; 256J.20, subdivision 3; 256J.49, subdivision 13;
256J.626, subdivisions 3, 7; 256J.95, subdivision 3; repealing Minnesota
Statutes 2006, section 256K.25.
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 104 yeas and 27
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Sertich
Severson
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Berns
Brod
Buesgens
Dean
DeLaForest
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Hackbarth
Holberg
Hoppe
Howes
Kohls
Olson
Paulsen
Peppin
Seifert
Shimanski
Simpson
Smith
Zellers
The bill was passed, as amended, and its title agreed to.
S. F. No. 3001 was reported to the House.
Mariani moved to amend S. F. No. 3001, the
fourth engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 3316, the second engrossment:
"ARTICLE
1
GENERAL
EDUCATION
Section
1. Minnesota Statutes 2006, section
123B.14, subdivision 7, is amended to read:
Subd.
7. Clerk
records. The clerk shall keep a
record of all meetings of the district and the board in books provided by the
district for that purpose. The clerk
shall, within three days after an election, notify all persons elected of their
election. By August September
15 of each year the clerk shall file with the board a report of the revenues,
expenditures and balances in each fund for the preceding fiscal year. The report together with vouchers and
supporting documents shall subsequently be examined by a public accountant or
the state auditor, either of whom shall be paid by the district, as provided in
section 123B.77, subdivision 3. The
board shall by resolution approve the report or require a further or amended
report. By August September 15
of each year, the clerk shall make and transmit to the commissioner certified
reports, showing:
(1)
The condition and value of school property;
(2) (1) The revenues and
expenditures in detail, and such other financial information required by law,
rule, or as may be called for by the commissioner;
(3) (2) The length of
school term and the enrollment and attendance by grades; and
(4) (3) Such other items
of information as may be called for by the commissioner.
The
clerk shall enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings
of any meeting as furnished by the clerk pro tem, and keep an itemized account
of all the expenses of the district.
The clerk shall furnish to the auditor of the proper county, by October
10 September 30 of each year, an attested copy of the clerk's
record, showing the amount of money proposed property taxes voted
by the district or the board for school purposes; draw and sign all orders upon
the treasurer for the payment of money for bills allowed by the board for
salaries of officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders
must state the consideration, payee, and the fund and the clerk shall take a
receipt therefor. Teachers' wages shall
have preference in the order in which they become due, and no money applicable
for teachers' wages shall be used for any other purpose, nor shall teachers'
wages be paid from any fund except that raised or apportioned for that purpose.
Sec.
2. Minnesota Statutes 2006, section
123B.77, subdivision 3, is amended to read:
Subd.
3. Statement
for comparison and correction. (a)
By November 30 of the calendar year of the submission of the unaudited
financial data, the district must provide to the commissioner audited financial
data for the preceding fiscal year. The
audit must be conducted in compliance with generally accepted governmental
auditing standards, the federal Single Audit Act, and the Minnesota legal
compliance guide issued by the Office of the State Auditor. An audited financial statement prepared in a
form which will allow comparison with and correction of material differences in
the unaudited financial data shall be submitted to the commissioner and the
state auditor by December 31. The
audited financial statement must also provide a statement of assurance
pertaining to uniform financial accounting and reporting standards compliance
and a copy of the management letter submitted to the district by the school
district's auditor.
(b) By
January February 15 of the calendar year following the submission
of the unaudited financial data, the commissioner shall convert the audited
financial data required by this subdivision into the consolidated financial
statement format required under subdivision 1a and publish the information on
the department's Web site.
Sec.
3. Minnesota Statutes 2006, section
123B.81, subdivision 3, is amended to read:
Subd.
3. Debt
verification. The commissioner
shall establish a uniform auditing or other verification procedure for
districts to determine whether a statutory operating debt exists in any
Minnesota school district as of June 30, 1977. This procedure must identify all interfund transfers made during
fiscal year 1977 from a fund included in computing statutory operating debt to
a fund not included in computing statutory operating debt. The standards for
this
uniform auditing or verification procedure must be promulgated by the state
board pursuant to chapter 14. If a
district applies to the commissioner for a statutory operating debt
verification or if the unaudited financial statement for the school year
ending June 30, 1977 reveals that a statutory operating debt might exist,
the commissioner shall require a verification of the amount of the statutory
operating debt which actually does exist.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 123B.81, subdivision 4, is amended to read:
Subd.
4. Debt
elimination. If an audit or other
verification procedure conducted pursuant to subdivision 3 determines that a
statutory operating debt exists, a district must follow the procedures set
forth in this section 123B.83 to eliminate this statutory
operating debt.
Sec.
5. Minnesota Statutes 2006, section
123B.81, subdivision 5, is amended to read:
Subd.
5. Certification
of debt. The commissioner shall
certify the amount of statutory operating debt for each district. Prior to June 30, 1979, the commissioner
may, on the basis of corrected figures, adjust the total amount of statutory
operating debt certified for any district.
Sec.
6. Minnesota Statutes 2006, section
123B.83, subdivision 3, is amended to read:
Subd.
3. Failure
to limit expenditures. If a
district does not limit its expenditures in accordance with this section, the
commissioner may so notify the appropriate committees of the legislature by no
later than January 1 February 15 of the year following the end of
that fiscal year.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 126C.10, subdivision 34, is amended to read:
Subd.
34. Basic alternative teacher compensation aid. (a) For fiscal years 2007 and later, 2008,
and 2009, the basic alternative teacher compensation aid for a school
district with a plan approved under section 122A.414, subdivision 2b, equals 65
73.1 percent of the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for an intermediate school district
or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of
pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of
operation, times the ratio of the sum of the alternative teacher compensation
aid and alternative teacher compensation levy for all participating school
districts to the maximum alternative teacher compensation revenue for those
districts under section 122A.415, subdivision 1.
(b)
For fiscal years 2010 and later, the basic alternative teacher compensation aid
for a school district with a plan approved under section 122A.414, subdivision
2b, equals 65 percent of the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for an intermediate school district
or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of
pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of
operation, times the ratio of the sum of the alternative teacher compensation
aid and alternative teacher compensation levy for all participating school
districts to the maximum alternative teacher compensation revenue for those
districts under section 122A.415, subdivision 1.
(b) (c) Notwithstanding
paragraphs (a) and (b) and section 122A.415, subdivision 1, the state total
basic alternative teacher compensation aid entitlement must not exceed
$75,636,000 for fiscal year 2007 and later.
The commissioner must limit the amount of alternative teacher
compensation aid approved under section 122A.415 so as not to exceed these limits.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2006, section
126C.40, subdivision 6, is amended to read:
Subd.
6. Lease
purchase; installment buys. (a)
Upon application to, and approval by, the commissioner in accordance with the procedures
and limits in subdivision 1, paragraphs (a) and (b), a district, as defined in
this subdivision, may:
(1)
purchase real or personal property under an installment contract or may lease
real or personal property with an option to purchase under a lease purchase
agreement, by which installment contract or lease purchase agreement title is
kept by the seller or vendor or assigned to a third party as security for the
purchase price, including interest, if any; and
(2)
annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.
(b)
The obligation created by the installment contract or the lease purchase
agreement must not be included in the calculation of net debt for purposes of section
475.53, and does not constitute debt under other law. An election is not required in connection with the execution of
the installment contract or the lease purchase agreement.
(c)
The proceeds of the levy authorized by this subdivision must not be used to
acquire a facility to be primarily used for athletic or school administration
purposes.
(d)
For the purposes of this subdivision, "district" means:
(1) a racially
isolated school district or a school district with a racially
identifiable school required to have a comprehensive desegregation
or integration plan for the elimination of segregation under
Minnesota Rules, parts 3535.0100 to 3535.0180, which is eligible for revenue
under section 124D.86, subdivision 3, clause (1), (2), or (3), and whose
plan has been determined by the commissioner to be in compliance with
Department of Education rules relating to equality of educational opportunity
and school desegregation and, for a district eligible for revenue under section
124D.86, subdivision 3, clause (4) or (5), where the acquisition of
property under this subdivision is determined by the commissioner to contribute
to the implementation of the desegregation plan; or
(2) a
school district that participates in a joint program for interdistrict desegregation
with a district defined in clause (1) if the facility acquired under this
subdivision is to be primarily used for the joint program and the commissioner
determines that the joint programs are being undertaken to implement the
districts' desegregation plan.
(e)
Notwithstanding subdivision 1, the prohibition against a levy by a district to
lease or rent a district-owned building to itself does not apply to levies
otherwise authorized by this subdivision.
(f)
For the purposes of this subdivision, any references in subdivision 1 to
building or land shall include personal property.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 127A.49, subdivision 2, is amended to read:
Subd.
2. Abatements. Whenever by virtue of chapter 278, sections
270C.86, 375.192, or otherwise, the net tax capacity or referendum market value
of any district for any taxable year is changed after the taxes for that year
have been spread by the county auditor and the local tax rate as determined by
the county auditor based upon the original net tax capacity is applied upon the
changed net tax capacities, the county auditor shall, prior to February 1 of
each year, certify to the commissioner of education the amount of any resulting
net revenue loss that accrued to the
district
during the preceding year. Each year,
the commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted from the
amount of the levy authorized by section 126C.46. The amount of the abatement adjustment must be the product of:
(1)
the net revenue loss as certified by the county auditor, times
(2)
the ratio of:
(i)
the sum of the amounts of the district's certified levy in the third preceding
year according to the following:
(A)
section 123B.57, if the district received health and safety aid according to
that section for the second preceding year;
(B)
section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C)
section 124D.135, subdivision 3, if the district received early childhood
family education aid according to section 124D.135 for the second preceding
year;
(D)
section 126C.17, subdivision 6, if the district received referendum
equalization aid according to that section for the second preceding year;
(E)
section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in
the second preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii)
the total amount of the district's certified levy in the third preceding
December, plus or minus auditor's adjustments.
Sec.
10. Minnesota Statutes 2007 Supplement,
section 127A.49, subdivision 3, is amended to read:
Subd.
3. Excess
tax increment. (a) If a return of
excess tax increment is made to a district pursuant to sections 469.176,
subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax
increment district, the school district's aid and levy limitations must be
adjusted for the fiscal year in which the excess tax increment is paid under
the provisions of this subdivision.
(b) An
amount must be subtracted from the district's aid for the current fiscal year
equal to the product of:
(1)
the amount of the payment of excess tax increment to the district, times
(2)
the ratio of:
(i) the
sum of the amounts of the district's certified levy for the fiscal year in
which the excess tax increment is paid according to the following:
(A)
section 123B.57, if the district received health and safety aid according to
that section for the second preceding year;
(B)
section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C)
section 124D.135, subdivision 3, if the district received early childhood
family education aid according to section 124D.135 for the second preceding
year;
(D)
section 126C.17, subdivision 6, if the district received referendum
equalization aid according to that section for the second preceding year;
(E)
section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in
the second preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii)
the total amount of the district's certified levy for the fiscal year, plus or
minus auditor's adjustments.
(c) An
amount must be subtracted from the school district's levy limitation for the
next levy certified equal to the difference between:
(1)
the amount of the distribution of excess increment; and
(2)
the amount subtracted from aid pursuant to clause (a).
If the
aid and levy reductions required by this subdivision cannot be made to the aid
for the fiscal year specified or to the levy specified, the reductions must be
made from aid for subsequent fiscal years, and from subsequent levies. The school district must use the payment of
excess tax increment to replace the aid and levy revenue reduced under this
subdivision.
(d)
This subdivision applies only to the total amount of excess increments received
by a district for a calendar year that exceeds $25,000.
ARTICLE
2
EDUCATION
EXCELLENCE
Section
1. Minnesota Statutes 2006, section
13.32, is amended by adding a subdivision to read:
Subd.
11. Data
to improve instruction. The
Minnesota Department of Education and the Minnesota Office of Higher Education
may each share educational data with the other agency for the purpose of
analyzing and improving school district instruction, consistent with Code of
Federal Regulations, title 34, section 99.31(a)(6). The educational data that may be shared between the two agencies
under this subdivision must be limited to:
(1)
student attendance data that include the name of the school or institution,
school district, the year or term of attendance, and term type;
(2)
student demographic and enrollment data;
(3)
student academic performance and testing data; and
(4)
any special academic services provided to a student.
Any
analysis of or report on these data must contain only summary data.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
120B.02, is amended to read:
120B.02 EDUCATIONAL EXPECTATIONS FOR
MINNESOTA'S STUDENTS.
(a)
The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To
that end, the commissioner shall adopt in rule statewide academic standards. The commissioner shall not prescribe in rule
or otherwise the delivery system, classroom assessments, or form of instruction
that school sites must use. For
purposes of this chapter, a school site is a separate facility, or a separate
program within a facility that a local school board recognizes as a school site
for funding purposes.
(b)
All commissioner actions regarding the rule must be premised on the following:
(1)
the rule is intended to raise academic expectations for students, teachers, and
schools;
(2) any
state action regarding the rule must evidence consideration of school district
autonomy; and
(3)
the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to students
and parents, teachers, and the general public in a timely format that is
appropriate, comprehensive, and readily understandable.
(c)
When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by
the school district, the course credit requirements under section 120B.024 and:
successfully pass graduation examinations required under section 120B.30.
(1)
for students enrolled in grade 8 before the 2005-2006 school year, to pass the
basic skills test requirements; and
(2)
for students enrolled in grade 8 in the 2005-2006 school year and later, to
pass the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
(d)
The commissioner shall periodically review and report on the state's assessment
process.
(e)
School districts are not required to adopt specific provisions of the federal
School-to-Work programs.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 120B.021, subdivision 1, is amended to read:
Subdivision
1. Required
academic standards. The following
subject areas are required for statewide accountability:
(1)
language arts;
(2)
mathematics;
(3)
science;
(4)
social studies, including history, geography, economics, and government and
citizenship;
(5)
health and physical education, for which locally developed academic standards
apply; and
(6)
the arts, for which statewide or locally developed academic standards apply, as
determined by the school district.
Public elementary and middle schools must offer at least three and
require at least two of the following four arts areas: dance; music; theater; and visual arts. Public high schools must offer at least
three and require at least one of the following five arts areas: media arts; dance; music; theater; and
visual arts.
The
commissioner must submit proposed standards in science and social studies to
the legislature by February 1, 2004.
For purposes of applicable
federal law, the academic standards for language arts, mathematics, and science
apply to all public school students, except the very few students with
extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are
inappropriate. An individualized education
plan team that makes this determination must establish alternative standards
with appropriate alternate achievement standards based on these academic
standards for students with individualized education plans.
A
school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in
law or rule. A school district that
incorporates these state graduation requirements before the 2007-2008 school
year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th
grade. District efforts to develop,
implement, or improve instruction or curriculum as a result of the provisions
of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
The
commissioner must include the contributions of Minnesota American Indian tribes
and communities as they relate to the academic standards during the review and
revision of the required academic standards.
Sec.
4. Minnesota Statutes 2006, section
120B.023, subdivision 2, is amended to read:
Subd.
2. Revisions
and reviews required. (a) The
commissioner of education must revise and appropriately embed technology and
information literacy standards consistent with recommendations from school
media specialists into the state's academic standards and graduation
requirements and implement a review cycle for state academic standards and
related benchmarks, consistent with this subdivision. During each review cycle, the commissioner also must examine the
alignment of each required academic standard and related benchmark with the knowledge
and skills students need for college readiness and advanced work in the
particular subject area.
(b)
The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to
require that students satisfactorily complete the revised mathematics
standards, beginning in the 2010-2011 school year. Under the revised standards:
(1)
students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
(2)
students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
The commissioner also must
ensure that the statewide mathematics assessments administered to students in
grades 3 through 8 and 11 beginning in the 2010-2011 school year are
aligned with the state academic standards in mathematics. The commissioner must ensure that the
statewide 11th grade mathematics test assessment administered
to students under clause (2) in grade 11 beginning in the
2013-2014 school year must include is aligned with state academic
standards in mathematics, including algebra II test items that are
aligned with corresponding state academic standards in mathematics. The commissioner must implement a review of
the academic standards and related benchmarks in mathematics beginning in the
2015-2016 school year.
(c)
The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to
require that students satisfactorily complete the revised arts standards
beginning in the 2010-2011 school year.
The commissioner must implement a review of the academic standards and
related benchmarks in arts beginning in the 2016-2017 school year.
(d)
The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to
require that students satisfactorily complete the revised science standards,
beginning in the 2011-2012 school year.
The commissioner also must ensure that the statewide science
assessments administered to students under section 120B.30, subdivision 1a,
beginning in the 2011-2012 school year, are aligned with the state academic
standards in science. Under the
revised standards, students scheduled to graduate in the 2014-2015 school year
or later must satisfactorily complete a chemistry or physics credit. The commissioner must implement a review of
the academic standards and related benchmarks in science beginning in the 2017-2018
school year.
(e)
The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to
require that students satisfactorily complete the revised language arts standards
beginning in the 2012-2013 school year.
The commissioner also must ensure that the statewide language arts
assessments administered to students in grades 3 through 8 and grade 10
beginning in the 2012-2013 school year are aligned with the state academic
standards in language arts. The
commissioner must implement a review of the academic standards and related
benchmarks in language arts beginning in the 2018-2019 school year.
(f)
The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to
require that students satisfactorily complete the revised social studies
standards beginning in the 2013-2014 school year. The commissioner must implement a review of the academic
standards and related benchmarks in social studies beginning in the 2019-2020
school year.
(g)
School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical
education, world languages, and career and technical education to require
students to complete the revised standards beginning in a school year
determined by the school district or charter school. School districts and charter schools must formally establish a
periodic review cycle for the academic standards and related benchmarks in
health, physical education, world languages, and career and technical
education.
Sec.
5. Minnesota Statutes 2006, section
120B.131, subdivision 2, is amended to read:
Subd.
2. Reimbursement
for examination fees. The state may
reimburse college-level examination program (CLEP) fees for a Minnesota public
or nonpublic high school student who has successfully completed one or more
college-level courses in high school in the subject matter of each examination
in the following subjects: composition
and literature, mathematics and science, social sciences and history, foreign
languages, and business and humanities.
The state may reimburse each student for up to six examination fees. The commissioner shall establish
application procedures and a process and schedule for fee reimbursements. The commissioner must give priority to
reimburse the CLEP examination fees of students of low-income families.
Sec.
6. Minnesota Statutes 2007 Supplement,
section 120B.15, is amended to read:
120B.15 GIFTED AND TALENTED STUDENTS
PROGRAMS.
(a)
School districts may identify students, locally develop programs, provide staff
development, and evaluate programs to provide gifted and talented students with
challenging educational programs.
(b)
School districts may adopt guidelines for assessing and identifying students
for participation in gifted and talented programs. The guidelines should include the use of:
(1)
multiple and objective criteria; and
(2)
assessments and procedures that are valid and reliable, fair, and based on
current theory and research.; and
(3)
an identification appeals process.
(c)
School districts must adopt procedures for the academic acceleration of gifted
and talented students. These procedures
must include how the district will:
(1)
assess a student's readiness and motivation for acceleration; and
(2)
match the level, complexity, and pace of the curriculum to a student to achieve
the best type of academic acceleration for that student.
Sec.
7. [120B.299]
DEFINITIONS.
Subdivision
1. Definitions. The definitions in this section apply to
this chapter.
Subd.
2. Growth. "Growth" compares the
difference between a student's achievement score at two distinct points in
time.
Subd.
3. Value-added. "Value-added" is the amount of
achievement a student demonstrates above an established baseline.
Subd.
4. Growth-based
value-added. "Growth-based
value-added" is a value-added system of assessments that measures the difference
between an established baseline of growth and a student's growth over time.
Subd.
5. Adequate
yearly progress. "Adequate
yearly progress" compares the average achievement of two different groups
of students at two different points in time.
Subd.
6. State
growth norm. "State
growth norm" is an established statewide percentile or standard applicable
to all students in a particular grade benchmarked to an established school
year. Beginning in the 2008-2009 school
year, the state growth norm is benchmarked to 2006-2007 school year data until
the commissioner next changes the vertically linked scale score. Each time the commissioner changes the
vertically linked scale score, a recognized Minnesota assessment group composed
of assessment and evaluation directors and staff and researchers, in
collaboration with the Independent Office of Educational Accountability under
section 120B.31, subdivision 3, must recommend a new state growth norm that the
commissioner must consider when revising standards under section 120B.023,
subdivision 2. For each newly
established state growth norm, the commissioner also must establish criteria
for identifying schools and school districts that demonstrate accelerated
growth in order to advance educators' professional development and to replicate
programs that succeed in meeting students' diverse learning needs.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2007 Supplement,
section 120B.30, is amended to read:
120B.30 STATEWIDE TESTING AND REPORTING
SYSTEM.
Subdivision
1. Statewide
testing. (a) The commissioner, with
advice from experts with appropriate technical qualifications and experience
and stakeholders, consistent with subdivision 1a, shall include in the
comprehensive assessment system, for each grade level to be tested,
state-constructed tests developed from and aligned with the state's required
academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a subject other
than writing, developed after the 2002-2003 school year, must include
both machine-scoreable and constructed response questions. The commissioner shall establish one or more
months during which schools shall administer the tests to students each school
year. Schools that the commissioner
identifies for stand-alone field testing or other national sampling must
participate as directed.
Superintendents or charter school directors may appeal in writing to the
commissioner for an exemption from a field test based on undue hardship. The commissioner's decision regarding the
appeal is final. For students
enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic skills
tests in reading, mathematics, and writing shall fulfill students' basic skills
testing requirements for a passing state notation. The passing scores of basic skills tests in reading and
mathematics are the equivalent of 75 percent correct for students entering
grade 9 in 1997 and thereafter, as based on the first uniform test administration
of administered in February 1998.
(b)
For students enrolled in grade 8 in the 2005-2006 school year and later, only
the following options shall fulfill students' state graduation test
requirements:
(1)
for reading and mathematics:
(i)
obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a
passing score as determined through a standard setting process on the
graduation-required assessment for diploma in grade 10 for reading and grade 11
for mathematics or subsequent retests;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in reading and the mathematics
test for English language learners or the graduation-required assessment for
diploma equivalent of those assessments for students designated as English
language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan;
(iv)
obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate
assessment or assessments in grade 10 for reading and grade 11 for mathematics
for students with an individual education plan; or
(v)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan; and
(2)
for writing:
(i)
achieving a passing score on the graduation-required assessment for diploma;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students
designated as English language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan; or
(iv)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan.
(c) The 3rd through 8th grade and high school
level test results shall be available to districts for diagnostic purposes
affecting student learning and district instruction and curriculum, and for
establishing educational accountability.
The commissioner must disseminate to the public the test results upon
receiving those results.
(d) State tests must be constructed and
aligned with state academic standards.
The commissioner shall determine the testing process and the
order of administration shall be determined by the commissioner. The statewide results shall be aggregated at
the site and district level, consistent with subdivision 1a.
(e) In addition to the testing and reporting
requirements under this section, the commissioner shall include the following
components in the statewide public reporting system:
(1)
uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations,
alternate assessments, or exemptions consistent with applicable federal law,
only with parent or guardian approval, for those very few students for whom the
student's individual education plan team under sections 125A.05 and 125A.06
determines that the general statewide test is inappropriate for a student, or
for a limited English proficiency student under section 124D.59, subdivision 2;
(2)
educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily
attendance, high school graduation rates, and high school drop-out rates by age
and grade level;
(3)
state results on the American College Test; and
(4)
state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and
other states, and, where possible, against other countries, and contribute to
the national effort to monitor achievement.
Subd.
1a. Statewide and local assessments; results. (a) The commissioner must develop reading, mathematics, and
science assessments aligned with state academic standards that districts and
sites must use to monitor student growth toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical education,
and the arts. The commissioner must
require:
(1)
annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and
(2)
annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 9 8 span, and a life sciences assessment in the
grades 10 9 through 12 span for the 2007-2008 school year and
later.
(b)
The commissioner must ensure that all statewide tests administered to
elementary and secondary students measure students' academic knowledge and
skills and not students' values, attitudes, and beliefs.
(c)
Reporting of assessment results must:
(1)
provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2)
include, by no later than the 2008-2009 school year, a growth-based
value-added component that is in addition to a measure for student
achievement growth over time indicator of student achievement under
section 120B.35, subdivision 3, paragraph (b); and
(3)(i)
for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and
(ii)
for students enrolled in grade 8 in the 2005-2006 school year and later,
determine whether students have met the state's academic standards.
(d)
Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound
accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for students
with limited English proficiency.
(e) A
school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to
evaluate student progress in achieving the proficiency in the context
of the state's grade level academic standards. If a state assessment is not available, a school, school
district, and charter school must determine locally if a student has met the
required academic standards. A school,
school district, or charter school may use a student's performance on a
statewide assessment as one of multiple criteria to determine grade promotion
or retention. A school, school
district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course,
or place a student's assessment score on the student's transcript.
Subd.
2. Department
of Education assistance. The Department
of Education shall contract for professional and technical services according
to competitive bidding procedures under chapter 16C for purposes of this
section.
Subd.
3. Reporting. The commissioner shall report test data
publicly and to stakeholders, including the performance achievement levels
developed from students' unweighted test scores in each tested subject and a
listing of demographic factors that strongly correlate with student
performance. The commissioner shall
also report data that compares performance results among school sites, school
districts, Minnesota and other states, and Minnesota and other nations. The commissioner shall disseminate to
schools and school districts a more comprehensive report containing testing
information that meets local needs for evaluating instruction and curriculum.
Subd.
4. Access
to tests. The commissioner must
adopt and publish a policy to provide public and parental access for review of
basic skills tests, Minnesota Comprehensive Assessments, or any other such
statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or
guardians a copy of their student's actual responses to the test questions to
be reviewed by the parent for their review.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. Minnesota Statutes 2006, section
120B.31, as amended by Laws 2007, chapter 146, article 2, section 10, is
amended to read:
120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.
Subdivision
1. Educational
accountability and public reporting.
Consistent with the process direction to adopt a
results-oriented graduation rule statewide academic standards under
section 120B.02, the department, in consultation with education and other
system stakeholders, must establish maintain a coordinated and
comprehensive system of educational accountability and public reporting that
promotes higher greater academic achievement, preparation for
higher academic education, preparation for the world of work, citizenship as
outlined under sections 120B.021, subdivision 1, clause (4), and 120B.024,
paragraph (a), clause (4), and the arts.
Subd.
2. Statewide
testing. Each school year, all
school districts shall give a uniform statewide test to students at specified
grades to provide information on the status, needs and performance of Minnesota
students.
Subd.
3. Educational
accountability. (a) The Independent
Office of Educational Accountability, as authorized by Laws 1997, First Special
Session chapter 4, article 5, section 28, subdivision 2, is established, and
shall be funded through the Board of Regents of the University of
Minnesota. The office shall advise the
education committees of the legislature and the commissioner of education, at
least on a biennial basis, on the degree to which the statewide educational
accountability and reporting system includes a comprehensive assessment
framework that measures school accountability for students achieving the goals
described in the state's results-oriented high school graduation
rule. The office shall determine and
annually report to the legislature whether and how effectively:
(1)
the statewide system of educational accountability utilizes uses
multiple indicators to provide valid and reliable comparative and contextual
data on students, schools, districts, and the state, and if not, recommend ways
to improve the accountability reporting system;
(2) the commissioner makes statistical adjustments when
reporting student data over time, consistent with clause (4);
(3)
the commissioner uses indicators of student achievement growth a
growth-based value-added indicator of student achievement over time and
a value-added assessment model that estimates the effects of the school and
school district on student achievement to measure school performance,
consistent with section 120B.36, subdivision 1 120B.35, subdivision
3, paragraph (b);
(4)
the commissioner makes data available on students who do not pass one or more
of the state's required GRAD tests and do not receive a diploma as a
consequence, and categorizes these data according to gender, race, eligibility
for free or reduced lunch, and English language proficiency; and
(5)
the commissioner fulfills the requirements under section 127A.095, subdivision
2.
(b)
When the office reviews the statewide educational accountability and reporting
system, it shall also consider:
(1)
the objectivity and neutrality of the state's educational accountability
system; and
(2)
the impact of a testing program on school curriculum and student learning.
Subd.
4. Statistical
adjustments; student performance data. In developing managing policies and assessment
processes to hold schools and districts accountable for high levels of academic
standards under section 120B.021, the commissioner shall aggregate student data
over time to report student performance and growth levels measured at
the school, school district, regional, or and statewide
level. When collecting and reporting
the performance data, the commissioner shall: (1) acknowledge the impact of significant demographic factors
such as residential instability, the number of single parent families, parents'
level of education, and parents' income level on school outcomes; and (2)
organize and report the data so that state and local policy makers can
understand the educational implications of changes in districts' demographic
profiles over time. Any report the
commissioner disseminates containing summary data on student performance must
integrate student performance and the demographic factors that strongly
correlate with that performance.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2006, section
120B.35, as amended by Laws 2007, chapter 147, article 8, section 38, is
amended to read:
120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS
GROWTH.
Subdivision
1. Adequate
yearly progress of schools and students School and student indicators of
growth and achievement. The
commissioner must develop and implement maintain a system for
measuring and reporting academic achievement and individual student progress
growth, consistent with the statewide educational accountability and
reporting system. The system
components of the system must measure the adequate yearly progress of
schools and the growth of individual students: students' current achievement in schools under subdivision 2; and
individual students' educational progress growth over time under
subdivision 3. The system also must
include statewide measures of student academic achievement growth
that identify schools with high levels of achievement growth, and
also schools with low levels of achievement growth that need
improvement. When determining a
school's effect, the data must include both statewide measures of student
achievement and, to the
extent
annual tests are administered, indicators of achievement growth that take into
account a student's prior achievement.
Indicators of achievement and prior achievement must be based on highly
reliable statewide or districtwide assessments. Indicators that take into account a student's prior achievement
must not be used to disregard a school's low achievement or to exclude a school
from a program to improve low achievement levels. The commissioner by January 15, 2002, must submit a plan for
integrating these components to the chairs of the legislative committees having
policy and budgetary responsibilities for elementary and secondary education.
Subd.
2. Expectations
for federally mandated student academic achievement. (a) Each school year, a school district must
determine if the student achievement levels at each school site meet state
and local federally mandated expectations. If student achievement levels at a school site do not meet state
and local federally mandated expectations and the site has not made
adequate yearly progress for two consecutive school years, beginning with the
2001-2002 school year, the district must work with the school site to adopt a
plan to raise student achievement levels to meet state and local
federally mandated expectations.
The commissioner of education shall establish student academic
achievement levels to comply with this paragraph.
(b)
School sites identified as not meeting federally mandated expectations
must develop continuous improvement plans in order to meet state and local
federally mandated expectations for student academic achievement. The department, at a district's request,
must assist the district and the school site in developing a plan to improve
student achievement. The plan must
include parental involvement components.
(c)
The commissioner must:
(1) provide
assistance to assist school sites and districts identified as not
meeting federally mandated expectations; and
(2)
provide technical assistance to schools that integrate student progress
measures under subdivision 3 in the school continuous improvement plan.
(d)
The commissioner shall establish and maintain a continuous improvement Web site
designed to make data on every school and district available to parents,
teachers, administrators, community members, and the general public.
Subd.
3. Student
progress assessment growth; other state measures. (a) The state's educational
assessment system component measuring individual students' educational progress
must be growth is based, to the extent annual tests are
administered, on indicators of achievement growth that show an individual
student's prior achievement. Indicators
of achievement and prior achievement must be are based on highly
reliable statewide or districtwide assessments.
(b)
The commissioner must identify effective models for measuring individual
student progress that enable a school district or school site to perform
gains-based analysis, including evaluating the effects of the teacher, school,
and school district on student achievement over time. At least one model must be a "value-added" assessment
model that reliably estimates those effects for classroom settings where a
single teacher teaches multiple subjects to the same group of students, for
team teaching arrangements, and for other teaching circumstances. use a
growth-based value-added system. The
commissioner must apply the state growth norm to students in grades 4 through 8
beginning in the 2008-2009 school year, consistent with section 120B.299,
subdivision 6, initially benchmarking the state growth norm to 2006-2007 school
year data. The model must allow the
user to:
(1)
report student growth at and above the state norm; and
(2)
for all student categories with a cell size of at least 20, report and compare
aggregated and disaggregated state growth data using the nine student
categories identified under the federal 2001 No Child Left Behind Act and two
student gender categories of male and female, respectively. The model must measure the effects that
teacher teams within a grade, teacher teams across an entire grade, the school,
and the school district have on student growth.
(c) If
a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent
practicable, incorporate those measures in determining whether the district or
school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices If a district has an
accountability plan that includes other growth-based value-added analysis, the
commissioner may, to the extent practicable and consistent with this section,
incorporate those measures in determining whether the district or school site
shows growth, including accelerated growth.
(d)
When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures
indicating the extent to which current high school graduates are being prepared
for postsecondary academic and career opportunities:
(1)
a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent
with the core academic subjects required for admission to Minnesota's public
four-year colleges and universities as determined by the Office of Higher
Education under chapter 136A; and
(2)
a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one
or more college-level advanced placement, international baccalaureate,
postsecondary enrollment options including concurrent enrollment, other
rigorous courses of study under section 120B.021, subdivision 1a, or industry
certification courses or programs.
When reporting the core
measures under clauses (1) and (2), the commissioner must also analyze and
report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student
gender categories of male and female, respectively.
(e)
When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must include summary data
showing students' average self-reported sense of school safety, engagement in
school, and the quality of students' relationship with teachers,
administrators, and other students. The
commissioner must gather these data consistently from students in grade 4 or 5,
in one grade level in grades 6 through 8, and in one grade level in high
school, as determined by the commissioner in consultation with recognized and
qualified experts.
Subd.
4. Improving
schools. Consistent with the
requirements of this section, the commissioner of education must establish a
second achievement benchmark to identify improving schools. The commissioner must recommend to
annually report to the public and the legislature by February 15, 2002,
indicators in addition to the achievement benchmark for identifying improving
schools, including an indicator requiring a school to demonstrate ongoing
successful use of best teaching practices best practices learned from
those schools that demonstrate accelerated growth compared to the state growth
norm.
The
commissioner also must use those learned best practices to provide additional
assistance and intervention support to a district or school site that does not
meet either federally mandated expectations or the state growth norm.
Subd.
5. Improving
graduation rates for students with emotional or behavioral disorders. (a) A district must develop strategies in
conjunction with parents of students with emotional or behavioral disorders and
the county board responsible for implementing sections 245.487 to 245.4889 to
keep students with emotional or behavioral disorders in school, when the district
has a drop-out rate for students with an emotional or behavioral disorder in
grades 9 through 12 exceeding 25 percent.
(b) A
district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to
increase the graduation rates of students with emotional or behavioral
disorders. A district with a drop-out
rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for
review and oversight to the commissioner.
EFFECTIVE DATE. Subdivision 3, paragraph (b), applies to students in the
2009-2010 school year and later.
Subdivision 3, paragraph (d), applies to students in the 2010-2011 school
year and later. Subdivision 3,
paragraph (e), applies to high school students in the 2009-2010 school year and
later, and to students in any grades 4 through 8 in the 2010-2011 school year
and later, consistent with the commissioner's grade level determinations. Subdivision 4 applies in the 2011-2012
school year and later.
Sec.
11. Minnesota Statutes 2006, section
120B.36, as amended by Laws 2007, chapter 146, article 2, section 11, is
amended to read:
120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
Subdivision
1. School
performance report cards. (a) The
commissioner shall use objective criteria based on levels of student
performance to report at least student academic performance under
section 120B.35, subdivision 2, the percentages of students at and above the
state growth norm under section 120B.35, subdivision 3, paragraph (b),
school safety and student engagement under section 120B.35, subdivision 3,
paragraph (e), rigorous coursework under section 120B.35, subdivision 3,
paragraph (d), two separate student-to-teacher ratios that clearly indicate
the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios, and staff characteristics
excluding salaries, with a value-added component added no later than the
2008-2009 school year student enrollment demographics, district
mobility, and extracurricular activities.
The report must indicate a school's adequate yearly progress status,
and must not set any designations applicable to high- and low-performing
schools due solely to adequate yearly progress status.
(b)
The commissioner shall develop, annually update, and post on the department Web
site school performance report cards.
(c)
The commissioner must make available the first performance report cards
by November 2003, and during the beginning of each school year thereafter.
(d) A
school or district may appeal its adequate yearly progress or other status
determination in writing to the commissioner within 30 days of receiving
the notice of its status. determination. The commissioner must give the affected school or school district
notice and the opportunity for a hearing before an appeals advisory committee
within 30 days after the commissioner receives the written appeal. The commissioner must notify the school or
district of the date, time, and place of the hearing at least 21 days before
the hearing date. Within 30 days after
the hearing, the appeals advisory committee must submit a written recommendation
to the commissioner regarding whether to grant or deny the appeal and include
the reasons for its recommendation. The
commissioner must finally decide an appeal based on an objective evaluation and
must make and transmit to the school or district the commissioner's evaluation
and final decision within 15 days of receiving the advisory committee
recommendation. The commissioner, after
consulting with the appeals advisory committee, may postpone the hearing date
under special circumstances. The
appeals advisory committee is composed of five members:
(1)
a representative of a statewide professional teachers' organization selected by
the organization;
(2)
a representative of a statewide organization of school administrators selected
by the organization;
(3)
a representative of a statewide parent and teachers organization selected by
the organization;
(4)
a representative of a statewide commerce organization having a significant
interest in K-12 education selected by the organization; and
(5)
a representative of a statewide school boards association selected by the
organization.
Membership
terms and removal of members are governed by section 15.059, except that the
terms are three years. The commissioner
may reimburse members for expenses under section 15.059 only if federal funding
is available for this purpose. The
appeals advisory committee does not expire.
The
commissioner must seek the advice of the appeals advisory committee before
deciding an appeal. The commissioner's decision
to uphold or deny an appeal is final.
(e)
School performance report cards card data are nonpublic data
under section 13.02, subdivision 9, until not later than ten days after the
appeal procedure described in paragraph (d) concludes. The department shall annually post school
performance report cards to its public Web site no later than September 1.
Subd.
1a. GRAD
test appeals. (a) Consistent
with this subdivision, the commissioner must collaborate with high school
teachers, high school administrators, parents of high school students, school
district assessment directors, higher education faculty with expertise in
kindergarten through grade 12 education and assessment, and other interested
experts and stakeholders to establish a timely, transparent, and data-based
appeals process that allows school districts, at their discretion, to grant a
diploma to high school seniors in the 2008-2009, 2009-2010, and 2010-2011
school years who do not receive a passing score on the state reading or math
GRAD test.
(b)
A high school student in the 2008-2009, 2009-2010, or 2010-2011 school year who
does not receive a passing score on the state reading or math GRAD test by
April of the student's senior year may appeal to the chief administrator of the
high school where the student is enrolled, in the form and manner the commissioner
determines, requesting that the school district grant the student a high school
diploma without passing the reading or math GRAD test. The high school administrator, in
collaboration with teachers and other school staff selected by the administrator,
must formally decide whether or not to grant the student a high school diploma
based on multiple, well-understood measures of student learning that
measurement experts have determined to be valid and reliable and that are
available to the educators deciding whether or not to grant the student's
request. School district officials must
use the data that form the bases of the student appeals under this subdivision,
where appropriate, to revise district curriculum to ensure that all students
have an equal opportunity to learn and provide appropriate academic
intervention and remediation to students who fail to pass the state's reading
or math GRAD test.
(c)
The commissioner must evaluate the effectiveness and impact of the appeals
process and recommend to the legislature by February 1, 2011, whether or not to
continue the appeals process under this subdivision. If the commissioner recommends continuing this process, the
commissioner also must recommend student performance levels for the state
reading and math GRAD tests and the appropriate indicators for school districts
to consider in deciding whether or not to grant a diploma to high school
seniors who do not receive a passing score on the state reading or math GRAD
test.
Subd.
2. Adequate
yearly progress data. All data the
department receives, collects, or creates for purposes of determining
to determine adequate yearly progress designations status
under Public Law 107-110, section 1116, set state growth norms, and
determine student growth are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure
described in subdivision 1, paragraph (d), concludes. Districts must provide parents sufficiently detailed summary data
to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall annually post
federally mandated adequate yearly progress data and state student
growth data to its public Web site no later than September 1.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section
120B.362, is amended to read:
120B.362 GROWTH-BASED VALUE-ADDED
ASSESSMENT PROGRAM.
(a) The commissioner of
education must implement a growth-based value-added assessment program to
assist school districts, public schools, and charter schools in assessing and
reporting individual students' growth in academic achievement under section
120B.30, subdivision 1a. The program
must use assessments of individual students' academic achievement to make
longitudinal comparisons of each student's academic growth over time. School districts, public schools, and
charter schools may apply to the commissioner to participate in the initial
trial program using a form and in the manner the commissioner prescribes. The commissioner must select program
participants from urban, suburban, and rural areas throughout the state.
(b)
The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably
estimates school and school district effects on students' academic achievement
over time. The model the commissioner
selects must accommodate diverse data and must use each student's test data across
grades. Data on individual teachers
generated under the model are personnel data under section 13.43.
(c)
The contract under paragraph (b) must be consistent with the definition of
"best value" under section 16C.02, subdivision 4.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2006, section
121A.55, is amended to read:
121A.55 POLICIES TO BE ESTABLISHED.
(a)
The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall establish
uniform criteria for dismissal and adopt written policies and rules to
effectuate the purposes of sections 121A.40 to 121A.56. The policies shall emphasize preventing
dismissals through early detection of problems and shall be designed to address
students' inappropriate behavior from recurring. The policies shall recognize the continuing responsibility of the
school for the education of the pupil during the dismissal period. The alternative educational services, if the
pupil wishes to take advantage of them, must be adequate to allow the pupil to
make progress towards meeting the graduation standards adopted under section
120B.02 and help prepare the pupil for readmission.
(b) An
area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded
the pupil. The board of the area
learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.
(c)
Each school district shall develop a policy and report it to the commissioner
on the appropriate use of peace officers and crisis teams to remove students
who have an individualized education plan from school grounds.
(d) Each school district must include in the student policies it annually disseminates to students and their parents an expectation that students cooperate with educators and, as educators and circumstances direct, provide information to educators on school disciplinary, classroom, and other education and school matters, consistent with the due process provisions of the Pupil Fair Dismissal Act. For purposes of this p