Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10701

 

 

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10702

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.


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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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10704

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.


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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.


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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.


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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;


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(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.


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(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.


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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.


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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.


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(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;


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10713

(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:


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10714

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10715

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10716

(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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10717

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10718

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10719

(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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10720

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.


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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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10722

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,


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10723

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:


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10724

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10725

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10726

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10727

(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;


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10728

(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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10729

(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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10730

(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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10731

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10732

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10733

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10734

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10735

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10736

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10737

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10738

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10739

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10740

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10741

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10742

(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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10743

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10744

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10745

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;


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10746

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:


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10747

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10748

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10749

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


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10750

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.


Journal of the House - 108th Day - Monday, April 28, 2008 - Top of Page 10751

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


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(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.


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(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.


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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.


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(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


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(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.


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(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:


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(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.


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(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:


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(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


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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.


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(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.


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(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;


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(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.


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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