Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 4997
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-FIRST DAY
Saint Paul, Minnesota, Thursday, May 3, 2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Roy Vanderwerf, Oakland Church,
Minneapolis, Minnesota.
"The National Anthem" was performed on the viola by
Miss Minnesota, Nicole Swanson.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
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
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding
day. Eastlund 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 - 61st
Day - Thursday, May 3, 2007 - Top of Page 4998
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
April
30, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House Files:
H. F. No. 2090, relating to health; limiting
requirements related to backflow prevention in recreational camping areas.
H. F. No. 1490, relating to Scott County;
authorizing adoption of personnel rules; modifying veterans' preference.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
I have the honor to inform you that the following enrolled Acts
of the 2007 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
2090 24 2:25 p.m.
April 30 April
30
1490 25 2:45 p.m.
April 30 April
30
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 4999
1098 26 2:29 p.m.
April 30 April
30
1069 28 2:38 p.m.
April 30 April
30
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 1, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning Chapter No. 38, H. F. No. 886. The
bill authorizes more than four times more spending on projects than I requested
and is simply too large.
In odd numbered years, our Minnesota tradition and expectation
is that bonding bills address emergency needs and consensus items. The DFL
majority exercised no restraint in passing this bill.
Your disregard for this limited agenda is very unfortunate
because many fine projects may be delayed. Emergency needs such as Browns
Valley, meritorious items such as the Veterans Memorial, and previously agreed
upon projects such as the Duluth Entertainment Convention Center should have
been easily passed in this session. I hope you will address these issues and my
other concerns immediately.
I have repeatedly communicated my expectations about the timing
and the composition of the bill. This situation is unfortunate and should have
been avoided.
Sincerely,
Tim
Pawlenty
Governor
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No.
1855, A bill for an act relating to health; requiring certain health care
facilities to report on major spending commitments; requiring nonprofit
hospitals and outpatient surgical centers to report on community benefits in a
standard way; establishing a work group; amending Minnesota Statutes 2006,
sections 62J.17, subdivisions 2, 4a, 7; 62J.41, subdivision 1; 62J.52,
subdivisions 1, 2; 62J.60, subdivisions 2, 3; 144.565; 144.698, subdivision 1;
repealing Minnesota Statutes 2006, section 62J.17, subdivisions 1, 5a, 6a, 8.
Reported
the same back with the following amendments:
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5000
Page
13, line 24, delete "Beginning with hospital fiscal year 2009,"
Page
13, line 25, delete everything after "(5)" and insert ".
"Community benefit" means the costs of community care, underpayment
for services provided under state health care programs, research costs,
community health services costs, financial and in-kind contributions, costs of
community building activities, costs of community benefit operations,
education, and the cost of operating subsidized services. The cost of bad debts
and underpayment for Medicare services are not included in the calculation of
community benefit."
Page
13, delete line 26
Page
13, delete lines 27 to 30
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.
1873, A bill for an act relating to health; requiring annual reports on cost
containment goals; establishing a health care transformation task force;
modifying goals for universal coverage; establishing a demonstration project
for community-based health care initiative; modifying performance payments for
medical groups; requiring a physician-directed care coordination program;
requiring a payment reform plan; providing grants for community collaboratives;
establishing health care payment reform pilot projects; requiring a study;
appropriating money; amending Minnesota Statutes 2006, sections 62J.04,
subdivision 3; 62J.81, subdivision 1; 62Q.165, subdivisions 1, 2; 62Q.80,
subdivisions 3, 4, 13, 14, by adding a subdivision; 256.01, subdivision 2b;
256B.0625, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 62J; repealing Minnesota Statutes 2006, section 62J.052,
subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 62A.65, subdivision 3, is amended to read:
Subd.
3. Premium rate restrictions. No
individual health plan may be offered, sold, issued, or renewed to a Minnesota
resident unless the premium rate charged is determined in accordance with the
following requirements:
(a)
Premium rates must be no more than 25 percent above and no more than 25 percent
below the index rate charged to individuals for the same or similar coverage,
adjusted pro rata for rating periods of less than one year. The premium
variations permitted by this paragraph must be based only upon health status,
claims experience, and occupation. For purposes of this paragraph, health
status includes refraining from tobacco use or other actuarially valid
lifestyle factors associated with good health, provided that the lifestyle
factor and its effect upon premium rates have been determined by the
commissioner to be actuarially valid and have been approved by the
commissioner. Variations permitted under this paragraph must not be based upon
age or applied differently at different ages. This paragraph does not prohibit
use of a constant percentage adjustment for factors permitted to be used under
this paragraph.
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Day - Thursday, May 3, 2007 - Top of Page 5001
(b) Premium rates may vary
based upon the ages of covered persons only as provided in this paragraph. In
addition to the variation permitted under paragraph (a), each health carrier
may use an additional premium variation based upon age for adults aged 19
and above of up to plus or minus 50 percent of the index rate. Premium
rates for children under the age of 19 may not vary based on age, regardless of
whether the child is covered as a dependent or as a primary insured.
(c) A health carrier may
request approval by the commissioner to establish separate geographic regions
determined by the health carrier and to establish separate index rates for each
such region. The commissioner shall grant approval if the following conditions
are met:
(1) the geographic regions
must be applied uniformly by the health carrier;
(2) each geographic region
must be composed of no fewer than seven counties that create a contiguous
region; and
(3) the health carrier
provides actuarial justification acceptable to the commissioner for the
proposed geographic variations in index rates, establishing that the variations
are based upon differences in the cost to the health carrier of providing
coverage.
(d) Health carriers may use
rate cells and must file with the commissioner the rate cells they use. Rate
cells must be based upon the number of adults or children covered under the
policy and may reflect the availability of Medicare coverage. The rates for
different rate cells must not in any way reflect generalized differences in
expected costs between principal insureds and their spouses.
(e) In developing its index
rates and premiums for a health plan, a health carrier shall take into account
only the following factors:
(1) actuarially valid
differences in rating factors permitted under paragraphs (a) and (b); and
(2) actuarially valid
geographic variations if approved by the commissioner as provided in paragraph
(c).
(f) All premium variations
must be justified in initial rate filings and upon request of the commissioner
in rate revision filings. All rate variations are subject to approval by the
commissioner.
(g) The loss ratio must
comply with the section 62A.021 requirements for individual health plans.
(h) The rates must not be
approved, unless the commissioner has determined that the rates are reasonable.
In determining reasonableness, the commissioner shall consider the growth rates
applied under section 62J.04, subdivision 1, paragraph (b), to the calendar
year or years that the proposed premium rate would be in effect, actuarially
valid changes in risks associated with the enrollee populations, and
actuarially valid changes as a result of statutory changes in Laws 1992,
chapter 549.
(i) An insurer may, as part
of a minimum lifetime loss ratio guarantee filing under section 62A.02,
subdivision 3a, include a rating practices guarantee as provided in this
paragraph. The rating practices guarantee must be in writing and must guarantee
that the policy form will be offered, sold, issued, and renewed only with
premium rates and premium rating practices that comply with subdivisions 2, 3,
4, and 5. The rating practices guarantee must be accompanied by an actuarial
memorandum that demonstrates that the premium rates and premium rating system
used in connection with the policy form will satisfy the guarantee. The
guarantee must guarantee refunds of any excess premiums to policyholders
charged premiums that exceed those permitted under subdivision 2, 3, 4, or 5.
An insurer that complies with this paragraph in connection with a policy form
is exempt from the requirement of prior approval by the commissioner under
paragraphs (c), (f), and (h).
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5002
Sec. 2. [62A.67] MINNESOTA HEALTH INSURANCE EXCHANGE.
Subdivision 1. Title; citation. This section may be cited as the
"Minnesota Health Insurance Exchange."
Subd. 2. Creation; tax exemption. The Minnesota Health Insurance
Exchange is created for the limited purpose of providing individuals with
greater access, choice, portability, and affordability of health insurance
products. The Minnesota Health Insurance Exchange is a not-for-profit
corporation under chapter 317A and section 501(c) of the Internal Revenue Code.
Subd. 3. Definitions. The following terms have the meanings given
them unless otherwise provided in text.
(a) "Board" means
the board of directors of the Minnesota Health Insurance Exchange under
subdivision 13.
(b) "Commissioner"
means:
(1) the commissioner of
commerce for health insurers subject to the jurisdiction of the Department of
Commerce;
(2) the commissioner of
health for health insurers subject to the jurisdiction of the Department of
Health; or
(3) either commissioner's
designated representative.
(c) "Exchange"
means the Minnesota Health Insurance Exchange.
(d) "HIPAA" means
the Health Insurance Portability and Accountability Act of 1996.
(e) "Individual market
health plans," unless otherwise specified, means individual market health
plans defined in section 62A.011.
(f) "Section 125
Plan" means a cafeteria or Premium Only Plan under section 125 of the
Internal Revenue Code that allows employees to pay for health insurance premiums
with pretax dollars.
Subd. 4. Insurer and health plan participation. All health plans
as defined in section 62A.011, subdivision 3, issued or renewed in the
individual market shall participate in the exchange. No health plans in the
individual market may be issued or renewed outside of the exchange. Group
health plans as defined in section 62A.10 shall not be offered through the
exchange. Health plans offered through the Minnesota Comprehensive Health
Association as defined in section 62E.10 are offered through the exchange to
eligible enrollees as determined by the Minnesota Comprehensive Health
Association. Health plans offered through MinnesotaCare under chapter 256L are
offered through the exchange to eligible enrollees as determined by the commissioner
of human services.
Subd. 5. Approval of health plans. No health plan may be offered
through the exchange unless the commissioner has first certified that:
(1) the insurer seeking to
offer the health plan is licensed to issue health insurance in the state; and
(2) the health plan meets
the requirements of this section, and the health plan and the insurer are in
compliance with all other applicable health insurance laws.
Subd. 6. Individual market health plans. Individual market health
plans offered through the exchange continue to be regulated by the commissioner
as specified in chapters 62A, 62C, 62D, 62E, 62Q, and 72A, and must include the
following provisions that apply to all health plans issued or renewed through
the exchange:
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(1)
premiums for children under the age of 19 shall not vary by age in the
exchange; and
(2)
premiums for children under the age of 19 must be excluded from rating factors
under section 62A.65, subdivision 3, paragraph (b).
Subd.
7. Individual participation and
eligibility. Individuals are eligible to purchase health plans
directly through the exchange or through an employer Section 125 Plan under
section 62A.68. Nothing in this section requires guaranteed issue of individual
market health plans offered through the exchange. Individuals are eligible to
purchase individual market health plans through the exchange by meeting one or
more of the following qualifications:
(1)
the individual is a Minnesota resident, meaning the individual is physically
residing on a permanent basis in a place that is the person's principal
residence and from which the person is absent only for temporary purposes;
(2)
the individual is a student attending an institution outside of Minnesota and
maintains Minnesota residency;
(3)
the individual is not a Minnesota resident but is employed by an employer
physically located within the state and the individual's employer is required
to offer a Section 125 Plan under section 62A.68;
(4)
the individual is not a Minnesota resident but is self-employed and the
individual's principal place of business is in the state; or
(5)
the individual is a dependent, as defined in section 62L.02, of another
individual who is eligible to participate in the exchange.
Subd.
8. Continuation of coverage. Enrollment
in a health plan may be canceled for nonpayment of premiums, fraud, or changes
in eligibility for MinnesotaCare under chapter 256L. Enrollment in an
individual market health plan may not be canceled or nonrenewed because of any
change in employer or employment status, marital status, health status, age,
residence, or any other change that does not affect eligibility as defined in
this section.
Subd.
9. Responsibilities of the exchange.
The exchange shall serve as the sole entity for enrollment and collection
and transfer of premium payments for health plans sold to individuals through
the exchange. The exchange shall be responsible for the following functions:
(1)
publicize the exchange, including but not limited to its functions, eligibility
rules, and enrollment procedures;
(2)
provide assistance to employers to establish Section 125 Plans under section
62A.68;
(3)
provide education and assistance to employers to help them understand the
requirements of Section 125 Plans and compliance with applicable regulations;
(4)
create a system to allow individuals to compare and enroll in health plans
offered through the exchange;
(5)
create a system to collect and transmit to the applicable plans all premium
payments made by individuals, including developing mechanisms to receive and
process automatic payroll deductions for individuals who purchase coverage
through employer Section 125 Plans;
(6)
not accept premium payments for individual market health plans from an employer
Section 125 Plan if the employer offers a group health plan as defined in
section 62A.10 or has offered a group health plan in the last 12 months, or if
the employer is a self-insurer as defined in section 62E.02;
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(7) provide jointly with
health insurers a cancellation notice directly to the primary insured at least
ten days prior to termination of coverage for nonpayment of premium;
(8) bill the employer for
the premiums payable by an employee, provided that the employer is not liable
for payment except from payroll deductions for that purpose;
(9) refer individuals
interested in MinnesotaCare under chapter 256L to the Department of Human
Services to determine eligibility;
(10) establish a mechanism
with the Department of Human Services to transfer premiums and subsidies for
MinnesotaCare to qualify for federal matching payments;
(11) upon request, issue
certificates of previous coverage according to the provisions of HIPAA and as
referenced in section 62Q.181 to all such individuals who cease to be covered
by a participating health plan through the exchange;
(12) establish procedures to
account for all funds received and disbursed by the exchange for individual
participants of the exchange;
(13) make available to the
public, at the end of each calendar year, a report of an independent audit of
the exchange's accounts; and
(14) provide copies of
written and signed statements from employers stating that the employer is not
contributing to the employee's premiums for health plans purchased by an
employee through the exchange to all health insurers with enrolled employees of
the employer.
Health insurers may rely on
the employer's statement in clause (14) provided by the Minnesota Health
Insurance Exchange and are not required to guarantee-issue individual health
plans to the employer's employees.
Subd. 10. State not liable. The state of Minnesota shall not be
liable for the actions of the Minnesota Health Insurance Exchange.
Subd. 11. Powers of the exchange. The exchange shall have the power
to:
(1) contract with insurance
producers licensed in accident and health insurance under chapter 60K and
vendors to perform one or more of the functions specified in subdivision 9;
(2) contract with employers
to collect premiums through a Section 125 Plan for eligible individuals who
purchase an individual market health plan through the exchange;
(3) establish and assess
fees on health plan premiums of health plans purchased through the exchange to
fund the cost of administering the exchange;
(4) seek and directly
receive grant funding from government agencies or private philanthropic
organizations to defray the costs of operating the exchange;
(5) establish and administer
rules and procedures governing the operations of the exchange;
(6) establish one or more
service centers within Minnesota;
(7) sue or be sued or
otherwise take any necessary or proper legal action;
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(8)
establish bank accounts and borrow money; and
(9)
enter into agreements with the commissioners of commerce, health, human
services, revenue, employment and economic development, and other state
agencies as necessary for the exchange to implement the provisions of this
section.
Subd.
12. Dispute resolution. The
exchange shall establish procedures for resolving disputes with respect to the
eligibility of an individual to participate in the exchange. The exchange does
not have the authority or responsibility to intervene in or resolve disputes
between an individual and a health plan or health insurer. The exchange shall
refer complaints from individuals participating in the exchange to the
commissioner of health to be resolved according to sections 62Q.68 to 62Q.73.
Subd.
13. Governance. The exchange
shall be governed by a board of directors with 11 members. The board shall
convene on or before July 1, 2007, after the initial board members have been
selected. The initial board membership consists of the following:
(1)
the commissioner of commerce;
(2)
the commissioner of human services;
(3)
the commissioner of health;
(4)
four members appointed by a joint committee of the Minnesota senate and the
Minnesota house of representatives to serve three-year terms; and
(5)
four members appointed by the governor to serve three-year terms.
Subd.
14. Subsequent board membership. Ongoing
membership of the exchange consists of the following effective July 1, 2010:
(1)
the commissioner of commerce;
(2)
the commissioner of human services;
(3)
the commissioner of health;
(4)
two members appointed by the governor with the approval of a joint committee of
the senate and house of representatives to serve two-year terms; and
(5)
six members elected by the membership of the exchange of which three are
elected to serve two-year terms and three are elected to serve three-year
terms. Appointed and elected members may serve more than one term.
Subd.
15. Operations of the board. Officers
of the board of directors are elected by members of the board and serve
one-year terms. Six members of the board constitutes a quorum, and the
affirmative vote of six members of the board is necessary and sufficient for
any action taken by the board. Board members serve without pay, but are
reimbursed for actual expenses incurred in the performance of their duties.
Subd.
16. Operations of the exchange. The
board of directors shall appoint an exchange director who shall:
(1)
be a full-time employee of the exchange;
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(2)
administer all of the activities and contracts of the exchange; and
(3)
hire and supervise the staff of the exchange.
Subd.
17. Insurance producers. An
individual has the right to choose any insurance producer licensed in accident
and health insurance under chapter 60K to assist the individual in purchasing
an individual market health plan through the exchange. When a producer licensed
in accident and health insurance under chapter 60K enrolls an eligible
individual in the exchange, the health plan chosen by an individual may pay the
producer a commission.
Subd.
18. Implementation. Health plan
coverage through the exchange begins on January 1, 2009. The exchange must be
operational to assist employers and individuals by September 1, 2008, and be
prepared for enrollment by December 1, 2008. Enrollees of individual market
health plans, MinnesotaCare, and the Minnesota Comprehensive Health Association
as of December 2, 2008, are automatically enrolled in the exchange on January
1, 2009, in the same health plan and at the same premium that they were
enrolled as of December 2, 2008, subject to the provisions of this section. As
of January 1, 2009, all enrollees of individual market health plans,
MinnesotaCare, and the Minnesota Comprehensive Health Association shall make
premium payments to the exchange.
Sec.
3. [62A.68] SECTION 125 PLANS.
Subdivision
1. Definitions. The following
terms have the meanings given unless otherwise provided in text.
(a)
"Current employee" means an employee currently on an employer's payroll
other than a retiree or disabled former employee.
(b)
"Employer" means a person, firm, corporation, partnership,
association, business trust, or other entity employing one or more persons,
including a political subdivision of the state, filing payroll tax information
on the employed person or persons.
(c)
"Section 125 Plan" means a cafeteria or Premium Only Plan under
section 125 of the Internal Revenue Code that allows employees to purchase
health insurance with pretax dollars.
(d)
"Exchange" means the Minnesota Health Insurance Exchange under
section 62A.67.
(e)
"Exchange director" means the appointed director under section
62A.67, subdivision 16.
Subd.
2. Section 125 Plan requirement. (a)
Effective January 1, 2009, all employers with 11 or more current employees
shall establish a Section 125 Plan to allow their employees to purchase
individual market health plan coverage with pretax dollars. Nothing in this
section requires or mandates employers to offer or purchase health insurance
coverage for their employees. The following employers are exempt from the
Section 125 Plan requirement:
(1)
employers that offer a group health insurance plan as defined in section
62A.10;
(2)
employers that are self-insurers as defined in section 62E.02; and
(3)
employers with fewer than 11 current employees, except that employers under
this clause may voluntarily offer a Section 125 Plan.
(b)
Employers that offer a Section 125 Plan may enter into an agreement with the
exchange to administer the employer's Section 125 Plan.
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Subd.
3. Tracking compliance. By July
1, 2008, the exchange, in consultation with the commissioners of commerce,
health, employment and economic development, and revenue, shall establish a
method for tracking employer compliance with the Section 125 Plan requirement.
Subd.
4. Employer requirements. Employers
that are required to offer or choose to offer a Section 125 Plan shall:
(1)
allow employees to purchase any individual market health plan for themselves
and their dependents through the exchange;
(2)
allow employees to choose any insurance producer licensed in accident and
health insurance under chapter 60K to assist them in purchasing an individual
market health plan through the exchange;
(3)
provide a written and signed statement to the exchange stating that the
employer is not contributing to the employee's premiums for health plans
purchased by an employee through the exchange;
(4)
upon an employee's request, deduct premium amounts on a pretax basis in an
amount not to exceed an employee's wages, and remit these employee payments to
the exchange; and
(5)
provide notice to employees that individual market health plans purchased
through the exchange are not employer-sponsored or administered. Employers
shall be held harmless from any and all liability claims related to the
individual market health plans purchased through the exchange by employees
under a Section 125 Plan.
Subd.
5. Section 125 eligible health plans.
Individuals who are eligible to use an employer Section 125 Plan to pay for
health insurance coverage purchased through the exchange may enroll in any
health plan offered through the exchange for which the individual is eligible,
including individual market health plans, MinnesotaCare, and the Minnesota
Comprehensive Health Association.
Sec.
4. Minnesota Statutes 2006, section 62E.141, is amended to read:
62E.141 INCLUSION IN EMPLOYER-SPONSORED PLAN.
No
employee of an employer that offers a group health plan, under which the
employee is eligible for coverage, is eligible to enroll, or continue to be
enrolled, in the comprehensive health association, except for enrollment or
continued enrollment necessary to cover conditions that are subject to an
unexpired preexisting condition limitation, preexisting condition exclusion, or
exclusionary rider under the employer's health plan. This section does not
apply to persons enrolled in the Comprehensive Health Association as of June
30, 1993. With respect to persons eligible to enroll in the health plan of an
employer that has more than 29 current employees, as defined in section 62L.02,
this section does not apply to persons enrolled in the Comprehensive Health
Association as of December 31, 1994.
Sec.
5. Minnesota Statutes 2006, section 62J.04, subdivision 3, is amended to read:
Subd.
3. Cost containment duties. The
commissioner shall:
(1) establish
statewide and regional cost containment goals for total health care spending
under this section and, collect data as described in sections
62J.38 to 62J.41 to monitor statewide achievement of the cost containment goals,
and annually report to the legislature on whether the goals were achieved and,
if not, what action should be taken to ensure that goals are achieved in the
future;
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(2) divide the state into no
fewer than four regions, with one of those regions being the Minneapolis/St.
Paul metropolitan statistical area but excluding Chisago, Isanti, Wright, and
Sherburne Counties, for purposes of fostering the development of regional
health planning and coordination of health care delivery among regional health
care systems and working to achieve the cost containment goals;
(3) monitor the quality of
health care throughout the state and take action as necessary to ensure an
appropriate level of quality;
(4) issue recommendations
regarding uniform billing forms, uniform electronic billing procedures and data
interchanges, patient identification cards, and other uniform claims and
administrative procedures for health care providers and private and public
sector payers. In developing the recommendations, the commissioner shall review
the work of the work group on electronic data interchange (WEDI) and the
American National Standards Institute (ANSI) at the national level, and the
work being done at the state and local level. The commissioner may adopt rules
requiring the use of the Uniform Bill 82/92 form, the National Council of
Prescription Drug Providers (NCPDP) 3.2 electronic version, the Centers for
Medicare and Medicaid Services 1500 form, or other standardized forms or
procedures;
(5) undertake health
planning responsibilities;
(6) authorize, fund, or
promote research and experimentation on new technologies and health care
procedures;
(7) within the limits of
appropriations for these purposes, administer or contract for statewide
consumer education and wellness programs that will improve the health of
Minnesotans and increase individual responsibility relating to personal health
and the delivery of health care services, undertake prevention programs
including initiatives to improve birth outcomes, expand childhood immunization
efforts, and provide start-up grants for worksite wellness programs;
(8) undertake other
activities to monitor and oversee the delivery of health care services in
Minnesota with the goal of improving affordability, quality, and accessibility
of health care for all Minnesotans; and
(9) make the cost
containment goal data available to the public in a consumer-oriented manner.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. [62J.431] EVIDENCE-BASED HEALTH CARE GUIDELINES.
Evidence-based guidelines
must meet the following criteria:
(1) the scope and
application are clear;
(2) authorship is stated and
any conflicts of interest disclosed;
(3) authors represent all
pertinent clinical fields or other means of input have been used;
(4) the development process
is explicitly stated;
(5) the guideline is
grounded in evidence;
(6) the evidence is cited
and grated;
(7) the document itself is
clear and practical;
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(8) the document is flexible
in use, with exceptions noted or provided for with general statements;
(9) measures are included
for use in systems improvement; and
(10) the guideline has
scheduled reviews and updating.
Sec. 7. Minnesota Statutes
2006, section 62J.495, is amended to read:
62J.495 HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY
COMMITTEE.
Subdivision 1. Establishment; members; duties Implementation.
By January 1, 2012, all hospitals and health care providers must have in
place an interoperable electronic health records system within their hospital
system or clinical practice setting. The commissioner of health, in
consultation with the Health Information Technology and Infrastructure Advisory
Committee, shall develop a statewide plan to meet this goal, including the
adoption of uniform standards to be used for the interoperable system for
sharing and synchronizing patient data across systems. The standards must be
compatible with federal efforts. The uniform standards must be refined and
adopted for use when a standard development organization accredited by the
American National Standards Institute completes the development of a standard
for sharing and synchronizing patient data across systems.
Subd. 2. Health Information Technology and Infrastructure Advisory Committee.
(a) The commissioner shall establish a Health Information Technology and
Infrastructure Advisory Committee governed by section 15.059 to advise the
commissioner on the following matters:
(1) assessment of the use of
health information technology by the state, licensed health care providers and
facilities, and local public health agencies;
(2) recommendations for
implementing a statewide interoperable health information infrastructure, to
include estimates of necessary resources, and for determining standards for
administrative data exchange, clinical support programs, patient privacy
requirements, and maintenance of the security and confidentiality of individual
patient data; and
(3) recommendations for
encouraging use of innovative health care applications using information
technology and systems to improve patient care and reduce the cost of care,
including applications relating to disease management and personal health
management that enable remote monitoring of patients' conditions, especially
those with chronic conditions; and
(3) (4) other related
issues as requested by the commissioner.
(b) The members of the Health
Information Technology and Infrastructure Advisory Committee shall include the
commissioners, or commissioners' designees, of health, human services,
administration, and commerce and additional members to be appointed by the
commissioner to include persons representing Minnesota's local public health
agencies, licensed hospitals and other licensed facilities and providers,
private purchasers, the medical and nursing professions, health insurers and
health plans, the state quality improvement organization, academic and research
institutions, consumer advisory organizations with an interest and expertise in
health information technology, and other stakeholders as identified by the
Health Information Technology and Infrastructure Advisory Committee.
Subd. 2. Annual report. (c) The commissioner shall
prepare and issue an annual report not later than January 30 of each year
outlining progress to date in implementing a statewide health information
infrastructure and recommending future projects.
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Subd.
3. Expiration. (d) Notwithstanding
section 15.059, this section subdivision expires June 30, 2009
2012.
Sec.
8. [62J.496] ELECTRONIC HEALTH RECORD
SYSTEM REVOLVING ACCOUNT AND LOAN PROGRAM.
Subdivision
1. Account establishment. An
account is established to provide loans to eligible borrowers to assist in
financing the installation or support of an interoperable electronic health
record system. The system must provide for the interoperable exchange of health
care information between the applicant and, at a minimum, a hospital system,
pharmacy, and a health care clinic or other physician group.
Subd.
2. Eligibility. (a)
"Eligible borrower" means one of the following:
(1)
community clinics, as defined under section 145.9268;
(2)
hospitals eligible for rural hospital capital improvement grants, as defined in
section 144.148;
(3)
physician clinics located in a community with a population of less than 50,000
according to United States Census Bureau statistics and outside the
seven-county metropolitan area;
(4)
nursing facilities licensed under sections 144A.01 to 144A.27; and
(5)
other providers of health or health care services approved by the commissioner
for which interoperable electronic health record capability would improve
quality of care, patient safety, or community health.
(b)
To be eligible for a loan under this section, the applicant must submit a loan
application to the commissioner of health on forms prescribed by the
commissioner. The application must include, at a minimum:
(1)
the amount of the loan requested and a description of the purpose or project
for which the loan proceeds will be used;
(2)
a quote from a vendor;
(3)
a description of the health care entities and other groups participating in the
project;
(4)
evidence of financial stability and a demonstrated ability to repay the loan;
and
(5)
a description of how the system to be financed interconnects or plans in the
future to interconnect with other health care entities and provider groups
located in the same geographical area.
Subd.
3. Loans. (a) The commissioner
of health may make a no interest loan to a provider or provider group who is
eligible under subdivision 2 on a first-come, first-served basis provided that
the applicant is able to comply with this section. The total accumulative loan
principal must not exceed $1,500,000 per loan. The commissioner of health has
discretion over the size and number of loans made.
(b)
The commissioner of health may prescribe forms and establish an application
process and, notwithstanding section 16A.1283, may impose a reasonable
nonrefundable application fee to cover the cost of administering the loan
program. Any application fees imposed and collected under the electronic health
records system revolving account and loan program in this section are
appropriated to the commissioner of health for the duration of the loan
program.
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(c)
The borrower must begin repaying the principal no later than two years from the
date of the loan. Loans must be amortized no later than six years from the date
of the loan.
(d)
Repayments must be credited to the account.
Subd.
4. Data classification. Data
collected by the commissioner of health on the application to determine
eligibility under subdivision 2 and to monitor borrowers' default risk or
collect payments owed under subdivision 3 are (1) private data on individuals
as defined in section 13.02, subdivision 12; and (2) nonpublic data as defined
in section 13.02, subdivision 9. The names of borrowers and the amounts of the
loans granted are public data.
Sec.
9. [62J.536] UNIFORM ELECTRONIC
TRANSACTIONS AND IMPLEMENTATION GUIDE STANDARDS.
Subdivision
1. Electronic claims and eligibility
transactions required. (a) Beginning January 15, 2009, all group
purchasers must accept from health care providers the eligibility for a health
plan transaction described under Code of Federal Regulations, title 45, part
162, subpart L. Beginning July 15, 2009, all group purchasers must accept from
health care providers the health care claims or equivalent encounter
information transaction described under Code of Federal Regulations, title 45,
part 162, subpart K.
(b)
Beginning January 15, 2009, all group purchasers must transmit to providers the
eligibility for a health plan transaction described under Code of Federal
Regulations, title 45, part 162, subpart L. Beginning December 1, 2009, all
group purchasers must transmit to providers the health care payment and
remittance advice transaction described under Code of Federal Regulations,
title 45, part 162, subpart P.
(c)
Beginning January 15, 2009, all health care providers must submit to group
purchasers the eligibility for a health plan transaction described under Code
of Federal Regulations, title 45, part 162, subpart L. Beginning July 15, 2009,
all health care providers must submit to group purchasers the health care
claims or equivalent encounter information transaction described under Code of
Federal Regulations, title 45, part 162, subpart K.
(d)
Beginning January 15, 2009, all health care providers must accept from group
purchasers the eligibility for a health plan transaction described under Code
of Federal Regulations, title 45, part 162, subpart L. Beginning December 15,
2009, all health care providers must accept from group purchasers the health
care payment and remittance advice transaction described under Code of Federal
Regulations, title 45, part 162, subpart P.
(e)
Each of the transactions described in paragraphs (a) to (d) shall require the
use of a single, uniform companion guide to the implementation guides described
under Code of Federal Regulations, title 45, part 162. The companion guides
will be developed pursuant to subdivision 2.
(f)
Notwithstanding any other provisions in sections 62J.50 to 62J.61, all group
purchasers and health care providers must exchange claims and eligibility information
electronically using the transactions, companion guides, implementation guides,
and timelines required under this subdivision. Group purchasers may not impose
any fee on providers for the use of the transactions prescribed in this
subdivision.
(g)
Nothing in this subdivision shall prohibit group purchasers and health care
providers from using a direct data entry, Web-based methodology for complying
with the requirements of this subdivision. Any direct data entry method for
conducting the transactions specified in this subdivision must be consistent
with the data content component of the single, uniform companion guides
required in paragraph (e) and the implementation guides described under Code of
Federal Regulations, title 45, part 162.
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Subd.
2. Establishing uniform, standard companion
guides. (a) At least 12 months prior to the timelines required in
subdivision 1, the commissioner of health shall adopt rules pursuant to section
62J.61 establishing and requiring group purchasers and health care providers to
use the transactions and the uniform, standard companion guides required under
subdivision 1, paragraph (e).
(b)
The commissioner of health must consult with the Minnesota Administrative
Uniformity Committee on the development of the single, uniform companion guides
required under subdivision 1, paragraph (e), for each of the transactions in
subdivision 1. The single uniform companion guides required under subdivision
1, paragraph (e), must specify uniform billing and coding standards. The
commissioner of health shall base the companion guides required under
subdivision 1, paragraph (e), billing and coding rules, and standards on the
Medicare program, with modifications that the commissioner deems appropriate
after consulting the Minnesota Administrative Uniformity Committee.
(c)
No group purchaser or health care provider may add to or modify the single,
uniform companion guides defined in subdivision 1, paragraph (e), through
additional companion guides or other requirements.
(d)
In adopting the rules in paragraph (a), the commissioner shall not require data
content that is not essential to accomplish the purpose of the transactions in
subdivision 1.
Sec.
10. Minnesota Statutes 2006, section 62J.60, is amended by adding a subdivision
to read:
Subd.
3a. Required statement. An
identification card issued to an enrollee by a health plan company or other
entity governed by Minnesota health coverage laws must contain the following
statement: "Subject to Minnesota law."
Sec.
11. Minnesota Statutes 2006, section 62J.692, subdivision 1, is amended to
read:
Subdivision
1. Definitions. For purposes of this
section, the following definitions apply:
(a)
"Accredited clinical training" means the clinical training provided
by a medical education program that is accredited through an organization
recognized by the Department of Education, the Centers for Medicare and
Medicaid Services, or another national body who reviews the accrediting
organizations for multiple disciplines and whose standards for recognizing
accrediting organizations are reviewed and approved by the commissioner of
health in consultation with the Medical Education and Research Advisory
Committee.
(b)
"Commissioner" means the commissioner of health.
(c)
"Clinical medical education program" means the accredited clinical
training of physicians (medical students and residents), doctor of pharmacy practitioners,
doctors of chiropractic, dentists, advanced practice nurses (clinical nurse
specialists, certified registered nurse anesthetists, nurse practitioners, and
certified nurse midwives), and physician assistants.
(d)
"Sponsoring institution" means a hospital, school, or consortium
located in Minnesota that sponsors and maintains primary organizational and
financial responsibility for a clinical medical education program in Minnesota
and which is accountable to the accrediting body.
(e)
"Teaching institution" means a hospital, medical center, clinic, or
other organization that conducts a clinical medical education program in
Minnesota.
(f)
"Trainee" means a student or resident involved in a clinical medical
education program.
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(g)
"Eligible trainee FTEs" means the number of trainees, as measured by
full-time equivalent counts, that are at training sites located in Minnesota
with a currently active medical assistance provider number
enrollment status and a National Provider Identification (NPI) number where
training occurs in either an inpatient or ambulatory patient care setting and
where the training is funded, in part, by patient care revenues.
Sec.
12. Minnesota Statutes 2006, section 62J.692, subdivision 4, is amended to
read:
Subd.
4. Distribution of funds. (a) The
commissioner shall annually distribute 90 percent of available medical
education funds transferred according to section 256B.69, subdivision
5c, paragraph (a), clause (1), to all qualifying applicants based on a
distribution formula that reflects a summation of two factors:
(1) an
education factor, which is determined by the total number of eligible trainee
FTEs and the total statewide average costs per trainee, by type of trainee, in
each clinical medical education program; and
(2) a
public program volume factor, which is determined by the total volume of public
program revenue received by each training site as a percentage of all public
program revenue received by all training sites in the fund pool.
In
this formula, the education factor is weighted at 67 percent and the public
program volume factor is weighted at 33 percent.
Public
program revenue for the distribution formula includes revenue from medical
assistance, prepaid medical assistance, general assistance medical care, and
prepaid general assistance medical care. Training sites that receive no public
program revenue are ineligible for funds available under this paragraph. Total
statewide average costs per trainee for medical residents is based on audited
clinical training costs per trainee in primary care clinical medical education
programs for medical residents. Total statewide average costs per trainee for
dental residents is based on audited clinical training costs per trainee in
clinical medical education programs for dental students. Total statewide
average costs per trainee for pharmacy residents is based on audited clinical
training costs per trainee in clinical medical education programs for pharmacy
students.
(b)
The commissioner shall annually distribute ten percent of total available
medical education funds transferred according to section 256B.69,
subdivision 5c, paragraph (a), clause (1), to all qualifying applicants
based on the percentage received by each applicant under paragraph (a). These
funds are to be used to offset clinical education costs at eligible clinical
training sites based on criteria developed by the clinical medical education
program. Applicants may choose to distribute funds allocated under this
paragraph based on the distribution formula described in paragraph (a).
(c)
The commissioner shall annually distribute $5,000,000 of the funds dedicated to
the commissioner under section 297F.10, subdivision 1, clause (2), plus any
federal financial participation on these funds and on funds transferred under
subdivision 10, to all qualifying applicants based on a distribution formula
that gives 100 percent weight to a public program volume factor, which is
determined by the total volume of public program revenue received by each
training site as a percentage of all public program revenue received by all
training sites in the fund pool. If federal approval is not obtained for
federal financial participation on any portion of funds distributed under this
paragraph, 90 percent of the unmatched funds shall be distributed by the
commissioner based on the formula described in paragraph (a) and ten percent of
the unmatched funds shall be distributed by the commissioner based on the
formula described in paragraph (b).
(d)
The commissioner shall annually distribute $3,060,000 of funds dedicated to the
commissioner under section 297F.10, subdivision 1, clause (2), through a
formula giving 100 percent weight to an education factor, which is determined
by the total number of eligible trainee full-time equivalents and the total
statewide average costs per trainee, by type of trainee, in each clinical
medical education program. If no matching funds are received on funds
distributed under paragraph (c), funds distributed under this paragraph shall
be distributed by the commissioner based on the formula described in paragraph
(a).
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(e)
The commissioner shall annually distribute $340,000 of funds dedicated to the
commissioner under section 297F.10, subdivision 1, clause (2), to all
qualifying applicants based on the percentage received by each applicant under
paragraph (a). These funds are to be used to offset clinical education costs at
eligible clinical training sites based on criteria developed by the clinical
medical education program. Applicants may choose to distribute funds allocated
under this paragraph based on the distribution formula described in paragraph
(a). If no matching funds are received on funds distributed under paragraph
(c), funds distributed under this paragraph shall be distributed by the
commissioner based on the formula described in paragraph (b).
(c) (f) Funds distributed shall not
be used to displace current funding appropriations from federal or state
sources.
(d) (g) Funds shall be distributed
to the sponsoring institutions indicating the amount to be distributed to each
of the sponsor's clinical medical education programs based on the criteria in
this subdivision and in accordance with the commissioner's approval letter.
Each clinical medical education program must distribute funds allocated under
paragraph (a) to the training sites as specified in the commissioner's approval
letter. Sponsoring institutions, which are accredited through an organization
recognized by the Department of Education or the Centers for Medicare and
Medicaid Services, may contract directly with training sites to provide
clinical training. To ensure the quality of clinical training, those accredited
sponsoring institutions must:
(1)
develop contracts specifying the terms, expectations, and outcomes of the
clinical training conducted at sites; and
(2)
take necessary action if the contract requirements are not met. Action may
include the withholding of payments under this section or the removal of
students from the site.
(e) (h) Any funds not distributed
in accordance with the commissioner's approval letter must be returned to the
medical education and research fund within 30 days of receiving notice from the
commissioner. The commissioner shall distribute returned funds to the
appropriate training sites in accordance with the commissioner's approval letter.
(f) (i) The commissioner shall
distribute by June 30 of each year an amount equal to the funds transferred
under subdivision 10, plus five percent interest to the University of Minnesota
Board of Regents for the instructional costs of health professional programs at
the Academic Health Center and for interdisciplinary academic initiatives
within the Academic Health Center.
(g) (j) A maximum of $150,000 of
the funds dedicated to the commissioner under section 297F.10, subdivision 1, paragraph
(b), clause (2), may be used by the commissioner for administrative
expenses associated with implementing this section.
Sec.
13. Minnesota Statutes 2006, section 62J.692, subdivision 7a, is amended to
read:
Subd.
7a. Clinical medical education
innovations grants. (a) The commissioner shall award grants to teaching
institutions and clinical training sites for projects that increase dental
access for underserved populations and promote innovative clinical training of
dental professionals.
(b)
The commissioner shall award grants to teaching institutions and clinical
training sites for projects that increase mental health access for underserved
populations, promote innovative clinical training of mental health
professionals, increase the number of mental health providers in rural or
underserved areas, and promote the incorporation of patient safety principles
into clinical medical education programs.
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(c) In awarding the grants, the
commissioner, in consultation with the commissioner of human services, shall
consider the following:
(1)
potential to successfully increase access to an underserved population;
(2)
the long-term viability of the project to improve access beyond the period of
initial funding;
(3)
evidence of collaboration between the applicant and local communities;
(4)
the efficiency in the use of the funding; and
(5) the
priority level of the project in relation to state clinical education, access, patient
safety, and workforce goals.; and
(6)
the potential of the project to impact the number or distribution of the health
care workforce.
(b) (d) The commissioner shall
periodically evaluate the priorities in awarding the innovations grants in
order to ensure that the priorities meet the changing workforce needs of the
state.
Sec.
14. Minnesota Statutes 2006, section 62J.692, subdivision 8, is amended to
read:
Subd.
8. Federal financial participation.
(a) The commissioner of human services shall seek to maximize federal financial
participation in payments for medical education and research costs. If the
commissioner of human services determines that federal financial participation
is available for the medical education and research, the commissioner of health
shall transfer to the commissioner of human services the amount of state funds
necessary to maximize the federal funds available. The amount transferred to
the commissioner of human services, plus the amount of federal financial
participation, shall be distributed to medical assistance providers in
accordance with the distribution methodology described in subdivision 4.
(b)
For the purposes of paragraph (a), the commissioner shall use physician clinic
rates where possible to maximize federal financial participation.
Sec.
15. Minnesota Statutes 2006, section 62J.692, subdivision 10, is amended to
read:
Subd.
10. Transfers from University of Minnesota.
Of the funds dedicated to the Academic Health Center under section 297F.10,
subdivision 1, clause (1), $4,850,000 shall be transferred annually to the
commissioner of health no later than April 15 of each year for distribution
under subdivision 4, paragraph (f) (i).
Sec.
16. Minnesota Statutes 2006, section 62J.81, subdivision 1, is amended to read:
Subdivision
1. Required disclosure of estimated
payment. (a) A health care provider, as defined in section 62J.03,
subdivision 8, or the provider's designee as agreed to by that designee, shall,
at the request of a consumer, provide that consumer with a good faith estimate
of the reimbursement allowable payment the provider expects to
receive from the health plan company in which the consumer is enrolled
has agreed to accept from the consumer's health plan company for the services
specified by the consumer, specifying the amount of the allowable payment due
from the health plan company. Health plan companies must allow contracted
providers, or their designee, to release this information. A good faith
estimate must also be made available at the request of a consumer who is not
enrolled in a health plan company. If a consumer has no applicable
public or private coverage, the health care provider must give the consumer a
good faith estimate of the average allowable reimbursement the provider accepts
as payment from private third-party payers for the services specified by the
consumer and the estimated amount the noncovered consumer will be required to
pay. Payment information provided by a provider, or by the provider's
designee as agreed to by that designee, to a patient pursuant to this
subdivision does not constitute a legally binding estimate of the allowable
charge for or cost to the consumer of services.
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(b) A
health plan company, as defined in section 62J.03, subdivision 10, shall, at
the request of an enrollee or the enrollee's designee, provide that enrollee
with a good faith estimate of the reimbursement allowable amount the
health plan company would expect to pay to has contracted for with a
specified provider within the network as total payment for a health care
service specified by the enrollee and the portion of the allowable amount
due from the enrollee and the enrollee's out-of-pocket costs. If
requested by the enrollee, the health plan company shall also provide to the
enrollee a good faith estimate of the enrollee's out-of-pocket cost for the
health care service. An estimate provided to an enrollee under this
paragraph is not a legally binding estimate of the reimbursement allowable
amount or enrollee's out-of-pocket cost.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec.
17. Minnesota Statutes 2006, section 62J.82, is amended to read:
62J.82 HOSPITAL CHARGE INFORMATION
REPORTING DISCLOSURE.
Subdivision
1. Required information. The
Minnesota Hospital Association shall develop a Web-based system, available to
the public free of charge, for reporting charge information the
following, for Minnesota residents,:
(1)
hospital-specific performance on the measures of care developed under section
256B.072 for acute myocardial infarction, heart failure, and pneumonia;
(2)
by January 1, 2009, hospital-specific performance on the public reporting
measures for hospital-acquired infections as published by the National Quality
Forum and collected by the Minnesota Hospital Association and Stratis Health in
collaboration with infection control practitioners; and
(3)
charge information, including, but not limited to, number of discharges, average length of
stay, average charge, average charge per day, and median charge, for each of
the 50 most common inpatient diagnosis-related groups and the 25 most common
outpatient surgical procedures as specified by the Minnesota Hospital
Association.
Subd.
2. Web site. The Web site must
provide information that compares hospital-specific data to hospital statewide
data. The Web site must be established by October 1, 2006, and must be
updated annually. The commissioner shall provide a link to this reporting
information on the department's Web site.
Subd.
3. Enforcement. The commissioner
shall provide a link to this information on the department's Web site. If a
hospital does not provide this information to the Minnesota Hospital
Association, the commissioner of health may require the hospital to do
so in accordance with section 144.55, subdivision 6. The commissioner
shall provide a link to this information on the department's Web site.
Sec.
18. [62J.84] HEALTH CARE
TRANSFORMATION TASK FORCE.
Subdivision
1. Task force. The governor
shall convene a health care transformation task force to advise and assist the governor
and the Minnesota legislature. The task force shall consist of:
(1)
four legislators from the house of representatives appointed by the speaker,
two from the majority party and two from the minority party, and four
legislators from the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, two from the majority party and two from
the minority party;
(2)
four representatives of the governor and state agencies appointed by the
governor;
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(3)
at least four persons appointed by the governor who have demonstrated
leadership in health care organizations, health improvement initiatives, health
care trade or professional associations, or other collaborative health system
improvement activities; and
(4)
at least two persons appointed by the governor who have demonstrated leadership
in employer and group purchaser activities related to health system
improvement, at least one of which must be from a labor organization.
Subd.
2. Public input. The
commissioner of health shall review available research, and conduct statewide,
regional, and local surveys, focus groups, and other activities as needed to
fill gaps in existing research, to determine Minnesotans' values, preferences,
opinions, and perceptions related to health care and to the issues confronting
the task force, and shall report the findings to the task force.
Subd.
3. Inventory and assessment of existing
activities; action plan. The task force shall complete an inventory
and assessment of all public and private organized activities, coalitions, and
collaboratives working on tasks relating to health system improvement
including, but not limited to, patient safety, quality measurement and
reporting, evidence-based practice, adoption of health information technology,
disease management and chronic care coordination, medical homes, access to
health care, cultural competence, prevention and public health, consumer incentives,
price and cost transparency, nonprofit organization community benefits,
education, research, and health care workforce.
Subd.
4. Action plan. By December 15,
2007, the governor, with the advice and assistance of the task force, shall
develop and present to the legislature a statewide action plan for transforming
the health care system to improve affordability, quality, and access. The plan
shall include draft legislation needed to implement the plan. The plan may
consist of legislative actions, administrative actions of governmental
entities, collaborative actions, and actions of individuals and individual
organizations. Among other things, the action plan must include the following,
with specific and measurable goals and deadlines for each:
(1)
proposed actions that will slow the rate of increase in health care costs to a
rate that does not exceed the increase in the Consumer Price Index for urban
consumers for the preceding calendar year plus two percentage points, and an
additional percentage based on the added costs necessary to implement
legislation enacted in 2007;
(2)
actions that will increase the affordable health coverage options for uninsured
and underinsured Minnesotans and other strategies that will ensure that all
Minnesotans will have health coverage by January 2011;
(3)
actions to improve the quality and safety of health care and reduce racial and
ethnic disparities in access and quality;
(4)
actions that will reduce the rate of preventable chronic illness through
prevention and public health and wellness initiatives;
(5)
proposed changes to state health care purchasing and payment strategies used
for state health care programs and state employees that will promote higher
quality, lower cost health care through incentives that reward prevention and
early intervention, use of cost-effective primary care, effective care
coordination, and management of chronic disease;
(6)
actions that will promote the appropriate and cost-effective investment in new
facilities, technologies, and drugs;
(7)
actions to reduce administrative costs; and
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(8)
the results of the inventory completed under subdivision 3 and recommendations for
how these activities can be coordinated and improved.
Subd.
5. Options for small employers. The
task force shall study and report back to the legislature by December 15, 2007,
on options for serving small employers and their employees, and self-employed
individuals.
Sec.
19. Minnesota Statutes 2006, section 62L.12, subdivision 2, is amended to read:
Subd.
2. Exceptions. (a) A health carrier
may sell, issue, or renew individual conversion policies to eligible employees
otherwise eligible for conversion coverage under section 62D.104 as a result of
leaving a health maintenance organization's service area.
(b) A
health carrier may sell, issue, or renew individual conversion policies to
eligible employees otherwise eligible for conversion coverage as a result of
the expiration of any continuation of group coverage required under sections
62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.
(c) A
health carrier may sell, issue, or renew conversion policies under section
62E.16 to eligible employees.
(d) A
health carrier may sell, issue, or renew individual continuation policies to
eligible employees as required.
(e) A
health carrier may sell, issue, or renew individual health plans if the
coverage is appropriate due to an unexpired preexisting condition limitation or
exclusion applicable to the person under the employer's group health plan or
due to the person's need for health care services not covered under the
employer's group health plan.
(f) A
health carrier may sell, issue, or renew an individual health plan, if the
individual has elected to buy the individual health plan not as part of a
general plan to substitute individual health plans for a group health plan nor
as a result of any violation of subdivision 3 or 4.
(g)
Nothing in this subdivision relieves a health carrier of any obligation to
provide continuation or conversion coverage otherwise required under federal or
state law.
(h)
Nothing in this chapter restricts the offer, sale, issuance, or renewal of coverage
issued as a supplement to Medicare under sections 62A.3099 to 62A.44, or
policies or contracts that supplement Medicare issued by health maintenance
organizations, or those contracts governed by sections 1833, 1851 to 1859,
1860D, or 1876 of the federal Social Security Act, United States Code, title
42, section 1395 et seq., as amended.
(i)
Nothing in this chapter restricts the offer, sale, issuance, or renewal of
individual health plans necessary to comply with a court order.
(j) A
health carrier may offer, issue, sell, or renew an individual health plan to
persons eligible for an employer group health plan, if the individual health
plan is a high deductible health plan for use in connection with an existing
health savings account, in compliance with the Internal Revenue Code, section
223. In that situation, the same or a different health carrier may offer,
issue, sell, or renew a group health plan to cover the other eligible employees
in the group.
(k) A
health carrier may offer, sell, issue, or renew an individual health plan to
one or more employees of a small employer if the individual health plan is
marketed directly through the Minnesota Health Insurance Exchange
under section 62A.67 or 62A.68 to all employees of the small employer and
the small employer does not contribute directly or indirectly to the premiums
or facilitate the administration of the individual health plan. The requirement
to market an individual health plan to all employees through the Minnesota
Health Insurance Exchange under
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section 62A.67 or 62A.68 does not require the health
carrier to offer or issue an individual health plan to any employee. For
purposes of this paragraph, an employer is not contributing to the premiums or
facilitating the administration of the individual health plan if the employer
does not contribute to the premium and merely collects the premiums from an
employee's wages or salary through payroll deductions and submits payment for
the premiums of one or more employees in a lump sum to the health carrier
to the Minnesota Health Insurance Exchange under section 62A.67 or 62A.68.
Except for coverage under section 62A.65, subdivision 5, paragraph (b), or
62E.16, at the request of an employee, the health carrier Minnesota
Health Insurance Exchange under section 62A.67 or 62A.68 may bill the
employer for the premiums payable by the employee, provided that the employer
is not liable for payment except from payroll deductions for that purpose. If
an employer is submitting payments under this paragraph, the health carrier and
the Minnesota Health Insurance Exchange under section 62A.67 or 62A.68 shall
jointly provide a cancellation notice directly to the primary insured at
least ten days prior to termination of coverage for nonpayment of premium.
Individual coverage under this paragraph may be offered only if the small
employer has not provided coverage under section 62L.03 to the employees within
the past 12 months.
The
employer must provide a written and signed statement to the health carrier
Minnesota Health Insurance Exchange under section 62A.67 or 62A.68 that the
employer is not contributing directly or indirectly to the employee's premiums.
The Minnesota Health Insurance Exchange under section 62A.67 or 62A.68 shall
provide all health carriers with enrolled employees of the employer with a copy
of the employer's statement. The health carrier may rely on the employer's
statement provided by the Minnesota Health Insurance Exchange under section
62A.67 or 62A.68 and is not required to guarantee-issue individual health
plans to the employer's other current or future employees.
Sec.
20. Minnesota Statutes 2006, section 62L.12, subdivision 4, is amended to read:
Subd.
4. Employer prohibition. A small
employer offering a health benefit plan shall not encourage or direct an
employee or applicant to:
(1)
refrain from filing an application for health coverage when other similarly
situated employees may file an application for health coverage;
(2)
file an application for health coverage during initial eligibility for
coverage, the acceptance of which is contingent on health status, when other
similarly situated employees may apply for health coverage, the acceptance of
which is not contingent on health status;
(3)
seek coverage from another health carrier, including, but not limited to, MCHA;
or
(4)
cause coverage to be issued on different terms because of the health status or claims
experience of that person or the person's dependents.
Sec.
21. [62Q.101] EVALUATION OF PROVIDER
PERFORMANCE.
A
health plan company, or a vendor of risk management services as defined under
section 60A.23, subdivision 8, shall, in evaluating the performance of a health
care provider:
(1)
conduct the evaluation using a bona fide baseline based upon practice
experience of the provider group; and
(2)
disclose the baseline to the health care provider in writing and prior to the
beginning of the time period used for the evaluation.
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Sec.
22. Minnesota Statutes 2006, section 62Q.165, subdivision 1, is amended to
read:
Subdivision
1. Definition. It is the commitment
of the state to achieve universal health coverage for all Minnesotans by the
year 2011. Universal coverage is achieved when:
(1)
every Minnesotan has access to a full range of quality health care services;
(2)
every Minnesotan is able to obtain affordable health coverage which pays for
the full range of services, including preventive and primary care; and
(3)
every Minnesotan pays into the health care system according to that person's
ability.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
23. Minnesota Statutes 2006, section 62Q.165, subdivision 2, is amended to
read:
Subd.
2. Goal. It is the goal of the state
to make continuous progress toward reducing the number of Minnesotans who do
not have health coverage so that by January 1, 2000, fewer than four percent
of the state's population will be without health coverage 2011, all
Minnesota residents have access to affordable health care. The goal will be
achieved by improving access to private health coverage through insurance
reforms and market reforms, by making health coverage more affordable for
low-income Minnesotans through purchasing pools and state subsidies, and by
reducing the cost of health coverage through cost containment programs and
methods of ensuring that all Minnesotans are paying into the system according
to their ability.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
24. Minnesota Statutes 2006, section 62Q.80, subdivision 3, is amended to read:
Subd.
3. Approval. (a) Prior to the
operation of a community-based health care coverage program, a community-based
health initiative shall submit to the commissioner of health for approval the
community-based health care coverage program developed by the initiative. The
commissioner shall only approve a program that has been awarded a community
access program grant from the United States Department of Health and Human
Services. The commissioner shall ensure that the program meets the federal
grant requirements and any requirements described in this section and is
actuarially sound based on a review of appropriate records and methods utilized
by the community-based health initiative in establishing premium rates for the
community-based health care coverage program.
(b)
Prior to approval, the commissioner shall also ensure that:
(1)
the benefits offered comply with subdivision 8 and that there are adequate
numbers of health care providers participating in the community-based health
network to deliver the benefits offered under the program;
(2)
the activities of the program are limited to activities that are exempt under
this section or otherwise from regulation by the commissioner of commerce;
(3)
the complaint resolution process meets the requirements of subdivision 10; and
(4)
the data privacy policies and procedures comply with state and federal law.
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Sec. 25. Minnesota Statutes
2006, section 62Q.80, subdivision 4, is amended to read:
Subd. 4. Establishment. (a) The
initiative shall establish and operate upon approval by the commissioner of
health a community-based health care coverage program. The operational
structure established by the initiative shall include, but is not limited to:
(1) establishing a process
for enrolling eligible individuals and their dependents;
(2) collecting and
coordinating premiums from enrollees and employers of enrollees;
(3) providing payment to
participating providers;
(4) establishing a benefit
set according to subdivision 8 and establishing premium rates and cost-sharing
requirements;
(5) creating incentives to
encourage primary care and wellness services; and
(6) initiating disease
management services, as appropriate.
(b) The payments collected
under paragraph (a), clause (2), may be used to capture available federal
funds.
Sec. 26. Minnesota Statutes
2006, section 62Q.80, subdivision 13, is amended to read:
Subd. 13. Report. (a) The initiative shall submit
quarterly status reports to the commissioner of health on January 15, April 15,
July 15, and October 15 of each year, with the first report due January 15, 2007
2008. The status report shall include:
(1) the financial status of
the program, including the premium rates, cost per member per month, claims
paid out, premiums received, and administrative expenses;
(2) a description of the
health care benefits offered and the services utilized;
(3) the number of employers
participating, the number of employees and dependents covered under the
program, and the number of health care providers participating;
(4) a description of the
health outcomes to be achieved by the program and a status report on the
performance measurements to be used and collected; and
(5) any other information
requested by the commissioner of health or commerce or the legislature.
(b) The initiative shall
contract with an independent entity to conduct an evaluation of the program to
be submitted to the commissioners of health and commerce and the legislature by
January 15, 2009 2010. The evaluation shall include:
(1) an analysis of the
health outcomes established by the initiative and the performance measurements
to determine whether the outcomes are being achieved;
(2) an analysis of the
financial status of the program, including the claims to premiums loss ratio
and utilization and cost experience;
(3) the demographics of the
enrollees, including their age, gender, family income, and the number of
dependents;
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(4) the number of employers
and employees who have been denied access to the program and the basis for the
denial;
(5) specific analysis on
enrollees who have aggregate medical claims totaling over $5,000 per year,
including data on the enrollee's main diagnosis and whether all the medical
claims were covered by the program;
(6) number of enrollees
referred to state public assistance programs;
(7) a comparison of
employer-subsidized health coverage provided in a comparable geographic area to
the designated community-based geographic area served by the program,
including, to the extent available:
(i) the difference in the
number of employers with 50 or fewer employees offering employer-subsidized
health coverage;
(ii) the difference in
uncompensated care being provided in each area; and
(iii) a comparison of health
care outcomes and measurements established by the initiative; and
(8) any other information
requested by the commissioner of health or commerce.
Sec. 27. Minnesota Statutes
2006, section 62Q.80, subdivision 14, is amended to read:
Subd. 14. Sunset. This section expires December
31, 2011 2012.
Sec. 28. Minnesota Statutes
2006, section 144.698, subdivision 1, is amended to read:
Subdivision 1. Yearly reports. (a) Each
hospital and each outpatient surgical center, which has not filed the financial
information required by this section with a voluntary, nonprofit reporting
organization pursuant to section 144.702, shall file annually with the
commissioner of health after the close of the fiscal year:
(1) a balance sheet
detailing the assets, liabilities, and net worth of the hospital or outpatient
surgical center;
(2) a detailed statement of
income and expenses;
(3) a copy of its most
recent cost report, if any, filed pursuant to requirements of Title XVIII of
the United States Social Security Act;
(4) a copy of all changes to
articles of incorporation or bylaws;
(5) information on services
provided to benefit the community, including services provided at no cost or
for a reduced fee to patients unable to pay, teaching and research activities,
or other community or charitable activities;
(6) information required on
the revenue and expense report form set in effect on July 1, 1989, or as
amended by the commissioner in rule;
(7) information on changes
in ownership or control; and
(8) other information
required by the commissioner in rule.;
(9) information on the
number of available hospital beds that are dedicated to certain specialized
services, as designated by the commissioner, and annual occupancy rates for
those beds, separately for adult and pediatric care;
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(10)
from outpatient surgical centers, the total number of surgeries; and
(11)
a report on health care capital expenditures during the previous year, as
required by section 62J.17.
(b)
Beginning with hospital fiscal year 2009, each nonprofit hospital shall report
on community benefits under paragraph (a), clause (5). "Community benefit"
means the costs of community care, underpayment for services provided under
state health care programs, research costs, community health services costs,
financial and in-kind contributions, costs of community building activities,
costs of community benefit operations, education, and the cost of operating
subsidized services. The cost of bad debts and underpayment for Medicare
services are not included in the calculation of community benefit.
Sec.
29. Minnesota Statutes 2006, section 144.699, is amended by adding a
subdivision to read:
Subd.
5. Annual reports on community benefit,
community care amounts, and state program underfunding. (a) For each
hospital reporting health care cost information under section 144.698 or
144.702, the commissioner shall report annually on the hospital's community
benefit, community care, and underpayment for state public health care
programs.
(b)
For purposes of this subdivision, "community benefits" has the
definition given in section 144.698, paragraph (b).
(c)
For purposes of this subdivision, "community care" means the costs
for medical care for which a hospital has determined is charity care, as
defined under Minnesota Rules, part 4650.0115, or for which the hospital
determines after billing for the services that there is a demonstrated
inability to pay. Any costs forgiven under a hospital's community care plan or
under section 62J.83 may be counted in the hospital's calculation of community
care. Bad debt expenses and discounted charges available to the uninsured shall
not be included in the calculation of community care. The amount of community
care is the value of costs incurred and not the charges made for services.
(d)
For purposes of this subdivision, underpayment for services provided by state
public health care programs is the difference between hospital costs and public
program payments. The information shall be reported in terms of total dollars
and as a percentage of total operating costs for each hospital.
Sec.
30. [145.985] HEALTH PROMOTION AND
WELLNESS.
Community
health boards as defined in section 145A.02, subdivision 5, may work with
schools, health care providers, and others to coordinate health and wellness
programs in their communities. In order to meet the requirements of this
section, community health boards may:
(1)
provide instruction, technical assistance, and recommendations on how to
evaluate project outcomes;
(2)
assist with on-site health and wellness programs utilizing volunteers and others
addressing health and wellness topics including smoking, nutrition, obesity,
and others; and
(3)
encourage health and wellness programs consistent with the Centers for Disease
Control and Prevention's Community Guide and goals consistent with the Centers
for Disease Control and Prevention's Healthy People 2010 initiative.
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Sec. 31. Minnesota Statutes
2006, section 256.01, subdivision 2b, is amended to read:
Subd. 2b. Performance payments. (a) The
commissioner shall develop and implement a pay-for-performance system to
provide performance payments to:
(1) eligible medical groups and
clinics that demonstrate optimum care in serving individuals with chronic
diseases who are enrolled in health care programs administered by the
commissioner under chapters 256B, 256D, and 256L.;
(2) medical groups that
implement effective medical home models of patient care that improve quality
and reduce costs through effective primary and preventive care, care
coordination, and management of chronic conditions; and
(3) eligible medical groups
and clinics that evaluate medical provider usage patterns and provide feedback
to individual medical providers on that provider's practice patterns relative
to peer medical providers.
(b) The commissioner shall
also develop and implement a patient incentive health program to provide
incentives and rewards to patients who are enrolled in health care programs
administered by the commissioner under chapters 256B, 256D, and 256L, and who
have agreed to and meet personal health goals established with their primary
care provider to manage a chronic disease or condition including, but not
limited to, diabetes, high blood pressure, and coronary artery disease.
(c) The commissioner may
receive any federal matching money that is made available through the medical
assistance program for managed care oversight contracted through vendors
including consumer surveys, studies, and external quality reviews as required
by the Federal Balanced Budget Act of 1997, Code of Federal Regulations, title
42, part 438, subpart E. Any federal money received for managed care oversight
is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received in either year of the biennium.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 32. Minnesota Statutes
2006, section 256B.0625, is amended by adding a subdivision to read:
Subd. 49. Provider-directed care coordination services. The commissioner
shall develop and implement a provider-directed care coordination program for
medical assistance recipients who are not enrolled in the prepaid medical
assistance program and who are receiving services on a fee-for-service basis.
This program provides payment to primary care clinics for care coordination for
people who have complex and chronic medical conditions. Clinics must meet
certain criteria such as the capacity to develop care plans; have a dedicated
care coordinator; and have an adequate number of fee-for-service clients,
evaluation mechanisms, and quality improvement processes to qualify for
reimbursement. For purposes of this subdivision, a primary care clinic is a
medical clinic designated as the patient's first point of contact for medical
care, available 24 hours a day, seven days a week, that provides or arranges
for the patient's comprehensive health care needs, and provides overall
integration, coordination, and continuity over time and referrals for specialty
care.
Sec. 33. HEALTH CARE PAYMENT SYSTEM REFORM.
Subdivision 1. Payment reform plan. The commissioners of employee
relations, human services, commerce, and health shall develop a plan for
promoting and facilitating changes in payment rates and methods for paying for
health care services, drugs, devices, supplies, and equipment in order to:
(1) reward the provision of
cost-effective primary and preventive care;
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(2)
reward the use of evidence-based care;
(3)
discourage underutilization, overuse, and misuse;
(4)
reward the use of the most cost-effective settings, drugs, devices, providers,
and treatments; and
(5)
encourage consumers to maintain good health and use the health care system
appropriately.
In
developing the plan, the commissioners shall analyze existing data to determine
specific services and health conditions for which changes in payment rates and
methods would lead to significant improvements in quality of care. The
commissioners shall include a definition of the term "quality" for
uniform understanding of the plan's impact.
Subd.
2. Report. The commissioners
shall submit a report to the legislature by December 15, 2007, describing the
payment reform plan. The report must include proposed legislation for
implementing those components of the plan requiring legislative action or
appropriations of money.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
34. COMMUNITY COLLABORATIVE PILOT
PROJECTS TO COVER THE UNINSURED.
Subdivision
1. Community collaboratives. The
commissioner of human services shall provide grants to and authorization for up
to three community collaboratives that satisfy the requirements in this
section. To be eligible to receive a grant and authorization under this
section, a community collaborative must include:
(1)
one or more counties;
(2)
one or more local hospitals;
(3)
one or more local employers who collectively provide at least 300 jobs in the
community;
(4)
one or more health care clinics or physician groups; and
(5)
a third-party payer, which may be a county-based purchasing plan operating
under Minnesota Statutes, section 256B.692, a self-insured employer, or a
health plan company as defined in Minnesota Statutes, section 62Q.01,
subdivision 4.
Subd.
2. Pilot project requirements. (a)
Community collaborative pilot projects must:
(1)
identify and enroll persons in the community who are uninsured, and who have,
or are at risk of developing, one of the following chronic conditions: mental
illness, diabetes, asthma, hypertension, or other chronic condition designated
by the project;
(2)
assist uninsured persons to obtain private-sector health insurance coverage if
possible or to enroll in any public health care programs for which they are
eligible. If the uninsured individual is unable to obtain health coverage, the
community collaborative must enroll the individual in a local health care
assistance program that provides specified services to prevent or effectively
manage the chronic condition;
(3)
include components to help uninsured persons retain employment or to become
employable, if currently unemployed;
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(4)
ensure that each uninsured person enrolled in the program has a medical home
responsible for providing, or arranging for, health care services and assisting
in the effective management of the chronic condition;
(5)
coordinate services between all providers and agencies serving an enrolled
individual; and
(6)
be coordinated with the state's Q-Care initiative and improve the use of
evidence-based treatments and effective disease management programs in the
broader community, beyond those individuals enrolled in the project.
(b)
Projects established under this section are not insurance and are not subject
to state-mandated benefit requirements or insurance regulations.
Subd.
3. Criteria. Proposals must be
evaluated by actuarial, financial, and clinical experts based on the likelihood
that the project would produce a positive return on investment for the
community. In awarding grants, the commissioner of human services shall give
preference to proposals that:
(1)
have broad community support from local businesses, provider counties, and
other public and private organizations;
(2)
would provide services to uninsured persons who have, or are at risk of
developing, multiple, co-occurring chronic conditions;
(3)
integrate or coordinate resources from multiple sources, such as employer
contributions, county funds, social service programs, and provider financial or
in-kind support;
(4)
provide continuity of treatment and services when uninsured individuals in the
program become eligible for public or private health insurance or when insured
individuals lose their coverage;
(5)
demonstrate how administrative costs for health plan companies and providers
can be reduced through greater simplification, coordination, consolidation,
standardization, reducing billing errors, or other methods; and
(6)
involve local contributions to the cost of the pilot projects.
Subd.
4. Grants. The commissioner of
human services shall provide implementation grants of up to one-half of the
community collaborative's costs for planning, administration, and evaluation.
The commissioner shall also provide grants to community collaboratives to
develop a fund to pay up to 50 percent of the cost of the services provided to
uninsured individuals. The remaining costs must be paid for through other
sources or by agreement of a health care provider to contribute the cost as
charity care.
Subd.
5. Evaluation. The commissioner
of human services shall evaluate the effectiveness of each community
collaborative project awarded a grant, by comparing actual costs for serving
the identified uninsured persons to the predicted costs that would have been
incurred in the absence of early intervention and consistent treatment to
manage the chronic condition, including the costs to medical assistance,
MinnesotaCare, and general assistance medical care. The commissioner shall
require community collaborative projects, as a condition of receipt of a grant
award, to provide the commissioner with all information necessary for this
evaluation.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec.
35. HEALTH CARE PAYMENT REFORM PILOT
PROJECTS.
Subdivision
1. Pilot projects. (a) The commissioners
of health, human services, and employee relations shall develop and administer
payment reform pilot projects for state employees and persons enrolled in
medical assistance, MinnesotaCare, or general assistance medical care, to the
extent permitted by federal requirements. The purpose of the projects is to
promote and facilitate changes in payment rates and methods for paying for
health care services, drugs, devices, supplies, and equipment in order to:
(1)
reward the provision of cost-effective primary and preventive care;
(2)
reward the use of evidence-based care;
(3)
reward coordination of care for patients with chronic conditions;
(4)
discourage overuse and misuse;
(5)
reward the use of the most cost-effective settings, drugs, devices, providers,
and treatments; and
(6)
encourage consumers to maintain good health and use the health care system
appropriately.
(b)
The pilot projects must involve the use of designated care professionals or
clinics to serve as a patient's medical home and be responsible for
coordinating health care services across the continuum of care. The pilot
projects must evaluate different payment reform models and must be coordinated
with the Minnesota senior health options program and the Minnesota disability
health options program. To the extent possible, the commissioners shall
coordinate state purchasing activities with other public employers and with
private purchasers, self-insured groups, and health plan companies to promote
the use of pilot projects encompassing both public and private purchasers and
markets.
Subd.
2. Payment methods and incentives. The
commissioners shall modify existing payment methods and rates for those
enrollees and health care providers participating in the pilot project in order
to provide incentives for care management, team-based care, and practice
redesign, and increase resources for primary care, chronic condition care, and
care provided to complex patients. The commissioners may create financial
incentives for patients to select a medical home under the pilot project by
reducing, modifying, or eliminating deductibles and co-payments for certain
services, or through other incentives. The commissioners may require patients
to remain with their designated medical home for a specified period of time.
Alternative payment methods may include complete or partial capitation,
fee-for-service payments, or other payment methodologies. The payment methods
may provide for the payment of bonuses to medical home providers or other
providers, or to patients, for the achievement of performance goals. The
payment methods may include allocating a portion of the payment that would
otherwise be paid to health plans under state prepaid health care programs to
the designated medical home for specified services.
Subd.
3. Requirements. In order to be
designated a medical home under the pilot project, health care professionals or
clinics must demonstrate their ability to:
(1)
be the patient's first point of contact by telephone or other means, 24 hours a
day, seven days a week;
(2)
provide or arrange for patients' comprehensive health care needs, including the
ability to structure planned chronic disease visits and to manage chronic
disease through the use of disease registries;
(3)
coordinate patients' care when care must be provided outside the medical home;
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(4)
provide longitudinal care, not just episodic care, including meeting long-term
and unique personal needs;
(5)
utilize an electronic health record and incorporate a plan to develop and make
available to patients that choose a medical home an electronic personal health
record that is prepopulated with the patient's data, consumer-directed,
connected to the provider, 24-hour accessible, and owned and controlled by the
patient;
(6)
systematically improve quality of care using, among other inputs, patient
feedback; and
(7)
create a provider network that provides for increased reimbursement for a
medical home in a cost-neutral manner.
Subd.
4. Evaluation. Pilot projects
must be evaluated based on patient satisfaction, provider satisfaction,
clinical process and outcome measures, program costs and savings, and economic
impact on health care providers. Pilot projects must be evaluated based on the
extent to which the medical home:
(1)
coordinated health care services across the continuum of care and thereby
reduced duplication of services and enhanced communication across providers;
(2)
provided safe and high-quality care by increasing utilization of effective
treatments, reduced use of ineffective treatments, reduced barriers to
essential care and services, and eliminated barriers to access;
(3)
reduced unnecessary hospitalizations and emergency room visits and increased
use of cost-effective care and settings;
(4)
encouraged long-term patient and provider relationships by shifting from
episodic care to consistent, coordinated communication and care with a
specified team of providers or individual providers;
(5)
engaged and educated consumers by encouraging shared patient and provider
responsibility and accountability for disease prevention, health promotion,
chronic disease management, acute care, and overall well-being, encouraging
informed medical decision-making, ensuring the availability of accurate medical
information, and facilitated the transfer of accurate medical information;
(6)
encouraged innovation in payment methodologies by using patient and provider
incentives to coordinate care and utilize medical home services and fostering
the expansion of a technology infrastructure that supports collaboration; and
(7)
reduced overall health care costs as compared to conventional payment methods
for similar patient populations.
Subd.
5. Rulemaking. The commissioners
are exempt from administrative rulemaking under Minnesota Statutes, chapter 14,
for purposes of developing, administering, contracting for, and evaluating
pilot projects under this section. The commissioner shall publish a proposed
request for proposals in the State Register and allow 30 days for comment
before issuing the final request for proposals.
Subd.
6. Regulatory and payment barriers.
The commissioners shall study state and federal statutory and regulatory
barriers to the creation of medical homes and provide a report and
recommendations to the legislature by December 15, 2007.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5029
Sec.
36. HEALTH CARE SYSTEM CONSOLIDATION.
(a)
The commissioner of health shall study the effect of health care provider and
health plan company consolidation in the four metropolitan statistical areas in
Minnesota on: health care costs, including provider payment rates; quality of
care; and access to care. The commissioner shall separately consider hospitals,
specialty groups, and primary care groups. The commissioner shall include a
definition of the terms "quality of care" and "access to
care" to provide uniform understanding of the study's findings. The
commissioner shall present findings and recommendations to the legislature by
December 15, 2007.
(b)
For purposes of this study, health carriers, provider networks, and other
health care providers shall provide data on network participation, contracted
payment rates, charges, costs, payments received, patient referrals, and other
information requested by the commissioner, in the form and manner specified by
the commissioner. Provider-level information on contracted payment rates and
payments from health plans provided to the commissioner of health for the
purposes of this study are (1) private data on individuals as defined in
Minnesota Statutes, section 13.02, subdivision 12, and (2) nonpublic data as
defined in Minnesota Statutes, section 13.02, subdivision 9. The commissioner
may not collect patient-identified data for purposes of this study. Data
collected for purposes of this study may not be used for any other purposes.
Sec.
37. REPEALER.
Minnesota
Statutes 2006, section 62J.052, subdivision 1, is repealed effective August 1,
2007."
Delete
the title and insert:
"A
bill for an act relating to health; establishing the Minnesota Health Insurance
Exchange; establishing evidence-based health care guidelines; requiring all
hospitals and health care providers to have an electronic health records system
by a certain date; establishing an electronic health record system revolving
account and loan program; establishing a uniform electronic transactions and implementation
guide standards; establishing a Health Care Transformation Task Force; defining
evaluation parameters for provider performance; establishing a goal of
achieving access to affordable health care by 2011 for all Minnesota residents;
requiring certain hospitals to report on community benefits; encouraging
communities to coordinate health and wellness programs; requiring health care
payment system reform; establishing community collaborative pilot projects to
cover the uninsured; establishing health care payment reform pilot projects;
requiring a study of health care system consolidation; appropriating money;
amending Minnesota Statutes 2006, sections 62A.65, subdivision 3; 62E.141;
62J.04, subdivision 3; 62J.495; 62J.60, by adding a subdivision; 62J.692,
subdivisions 1, 4, 7a, 8, 10; 62J.81, subdivision 1; 62J.82; 62L.12,
subdivisions 2, 4; 62Q.165, subdivisions 1, 2; 62Q.80, subdivisions 3, 4, 13,
14; 144.698, subdivision 1; 144.699, by adding a subdivision; 256.01,
subdivision 2b; 256B.0625, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 62A; 62J; 62Q; 145; repealing Minnesota
Statutes 2006, section 62J.052, subdivision 1."
With
the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 1873 was read for the second time.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5030
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Dill introduced:
H. F. No. 2460, A bill for an act relating to drivers'
licenses; imposing additional eligibility requirements to operate motor vehicle
pursuant to provisional driver's license; imposing a penalty; amending
Minnesota Statutes 2006, section 171.055.
The bill was read for the first time and referred to the
Transportation Finance Division.
Gardner, Kranz and Knuth introduced:
H. F. No. 2461, A bill for an act relating to capital
improvements; appropriating money for Rice Creek North Regional Trail;
authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Tingelstad introduced:
H. F. No. 2462, A bill for an act relating to state government;
modifying criteria for capital project grants to political subdivisions;
amending Minnesota Statutes 2006, section 16A.86, subdivision 3.
The bill was read for the first time and referred to the
Committee on Finance.
Seifert introduced:
H. F. No. 2463, A bill for an act relating to capital
investment; providing relief for public and private property damaged by the
Browns Valley flooding of March 2007; authorizing flood mitigation projects in
Browns Valley; appropriating money; amending Laws 2005, chapter 20, article 1,
section 7, subdivision 2; Laws 2006, chapter 258, section 7, subdivision 3.
The bill was read for the first time and referred to the
Committee on Finance.
MESSAGES FROM THE SENATE
The following messages were 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:
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5031
H. F. No. 532, A bill for an act relating to consumer
protection; regulating certain contracts entered into by military service
personnel; authorizing cancellations; requiring utilities to establish payment
arrangements for military service personnel; proposing coding for new law in
Minnesota Statutes, chapters 190; 325E; 325G.
Patrice Dworak, First Assistant Secretary of the Senate
Winkler moved that the House refuse to concur in the Senate amendments
to H. F. No. 532, 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.
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 1398.
Patrice Dworak, First Assistant Secretary of the Senate
FIRST READING OF SENATE
BILLS
S. F.
No. 1398, A bill for an act relating to health care; providing for patient
visitation by health care agents; establishing and specifying visitation rights
and the right to designate a domestic partner for certain purposes; amending
Minnesota Statutes 2006, sections 144.651, subdivision 26; 145C.05; 145C.07, by
adding a subdivision.
The
bill was read for the first time.
Murphy,
E., moved that S. F. No. 1398 and H. F. No. 1589, now on the General Register,
be referred to the Chief Clerk for comparison. The motion prevailed.
The following Conference Committee Reports were received:
CONFERENCE
COMMITTEE REPORT ON H. F. No. 272
A bill for an act relating to the military and veterans;
clarifying that a statute ensuring the continuation of state licenses and
certificates of registration for any trade, employment, occupation, or
profession while soldiers and certain essential employees are engaged in active
military service applies to licenses and certificates of registration requiring
firearms and use of force training; amending Minnesota Statutes 2006, section
326.56, subdivision 2.
May 2,
2007
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. 272 report that we have agreed upon the
items in dispute and recommend as follows:
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5032
That
the Senate recede from its amendment and that H. F. No. 272 be further amended
as follows:
Page
2, line 14, after the period, insert "Any compensatory job-related
education or training considered necessary by the licensee's or registrant's
employer must be provided and paid for by the employer and must not be
permitted to delay the licensee's or registrant's reemployment."
We request the adoption of this report and repassage of the
bill.
House Conferees: Larry
Haws, Al Doty and Dan Severson.
Senate Conferees: Dan
Skogen, Sharon L. Erickson Ropes and Bill G. Ingebrigtsen.
Haws moved that the report of the Conference Committee on
H. F. No. 272 be adopted and that the bill be repassed as
amended by the Conference Committee. The motion prevailed.
H. F. No. 272, A bill for an act relating to the military and
veterans; clarifying that a statute ensuring the continuation of state licenses
and certificates of registration for any trade, employment, occupation, or
profession while soldiers and certain essential employees are engaged in active
military service applies to licenses and certificates of registration requiring
firearms and use of force training; amending Minnesota Statutes 2006, section
326.56, subdivision 2.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 134 yeas
and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
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
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was repassed, as amended by Conference, and its title
agreed to.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5033
CONFERENCE
COMMITTEE REPORT ON H. F. No. 829
A bill for an act relating to state government; appropriating money
for public safety and corrections initiatives, courts, public defenders, tax
court, Uniform Laws Commission and Board on Judicial Standards; providing
certain general criminal and sentencing provisions; regulating DWI and driving
provisions; modifying or establishing various provisions relating to public
safety; providing for residency documentation; regulating corrections, the
courts, and emergency communications; regulating scrap metal dealers; modifying
certain law enforcement, insurance, human services, and public defense
provisions; providing immunity from certain civil liability; establishing
reduced ignition propensity standards for cigarettes; providing conditional
repeals of certain laws; providing penalties; amending Minnesota Statutes 2006,
sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1;
13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2;
16C.23, subdivision 2; 168.012, subdivision 1; 169.13, by adding a subdivision;
169.471, subdivision 2; 169A.275, by adding a subdivision; 169A.51, subdivision
7; 171.09, subdivision 1; 171.12, by adding a subdivision; 171.55; 241.016,
subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 243.55, subdivision 1; 244.05, by
adding a subdivision; 245.041; 253B.09, subdivision 3a; 260B.007, by adding a
subdivision; 260B.125, subdivision 1; 260B.130, subdivision 1; 260B.141,
subdivision 4; 260B.198, subdivision 6; 260C.193, subdivision 6; 270A.03, subdivision
5; 299A.641, subdivision 2; 299C.65, subdivisions 2, 5; 302A.781, by adding a
subdivision; 325E.21; 352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08,
subdivisions 6, 7; 401.15, subdivision 1; 403.07, subdivision 4; 403.11,
subdivision 1, by adding subdivisions; 403.31, subdivision 1; 484.54,
subdivision 2; 484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2;
518A.35, subdivision 3; 518B.01, subdivisions 6a, 22; 548.091, subdivision 1a;
549.09, subdivision 1; 563.01, by adding a subdivision; 590.05; 595.02,
subdivision 1; 609.02, subdivision 16; 609.055; 609.135, subdivision 8, by
adding a subdivision; 609.15, subdivision 1; 609.21, subdivisions 1, 4a, 5, by
adding subdivisions; 609.221, subdivision 2; 609.2232; 609.341, subdivision 11;
609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3;
609.3455, subdivision 4, by adding a subdivision; 609.352; 609.505, subdivision
2; 609.581, by adding subdivisions; 609.582, subdivision 2; 609.595,
subdivisions 1, 2; 609.748, subdivisions 1, 5; 609.75, subdivision 8, by adding
subdivisions; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1, 1a;
611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27,
subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7; 611A.675,
subdivisions 1, 2, 3, 4, by adding a subdivision; 626.5572, subdivision 21;
634.15, subdivisions 1, 2; 641.05; 641.15, by adding a subdivision; 641.265,
subdivision 2; Laws 2001, First Special Session chapter 8, article 4, section
4; Laws 2003, First Special Session chapter 2, article 1, section 2; proposing
coding for new law in Minnesota Statutes, chapters 72A; 171; 241; 299A; 299F;
357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota Statutes 2006,
sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85, subdivision 2;
260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21, subdivisions
2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First Special
Session chapter 6, article 3, section 91.
May 2,
2007
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. 829 report that we have agreed upon the
items in dispute and recommend as follows:
That
the Senate recede from its amendments and that H. F. No. 829 be further amended
as follows:
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5034
Delete
everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
Section 1. SUMMARY OF
APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this act.
2008 2009 Total
General $923,045,000 $953,879,000 $1,876,924,000
State Government Special
Revenue 55,688,000 50,392,000 106,080,000
Environmental Fund 67,000 69,000 136,000
Special Revenue Fund 11,974,000 15,014,000 27,038,000
Trunk Highway 367,000 373,000 740,000
Total $991,141,000 $1,019,727,000 $2,010,918,000
Sec. 2. PUBLIC SAFETY
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this
act mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2008, or June 30, 2009, respectively. "The first
year" is fiscal year 2008. "The second year" is fiscal year
2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
for the fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation $44,592,000 $45,923,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Judicial
Salaries.
Effective July 1, 2007, and
July 1, 2008, the salaries of justices of the supreme court and judges of the
court of appeals and district court are increased by three percent.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5035
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 3. Supreme
Court Operations 31,292,000 32,623,000
Contingent
Account.
$5,000 each year is for a contingent account for expenses necessary for the
normal operation of the court for which no other reimbursement is provided.
Subd. 4. Civil
Legal Services 13,300,000 13,300,000
Base
Budget.
The base budget for civil legal services is $12,320,000 each year for fiscal
years 2010 and 2011.
Legal Services
to Low-Income Clients in Family Law Matters. Of this appropriation,
$877,000 each year is to improve the access of low-income clients to legal
representation in family law matters. This appropriation must be distributed
under Minnesota Statutes, section 480.242, to the qualified legal services
programs described in Minnesota Statutes, section 480.242, subdivision 2,
paragraph (a). Any unencumbered balance remaining in the first year does not
cancel and is available in the second year.
Sec. 4. COURT OF
APPEALS $9,766,000 $10,620,000
Caseload
Increase.
$1,285,000 the first year and $1,876,000 the second year are for caseload
increases. This money must be used for three additional judge units, an
additional staff attorney, 2.67 additional full-time equivalent law clerk
positions, and for retired judges.
Sec. 5. TRIAL COURTS
$246,077,000 $254,916,000
New Judge
Units. $1,792,000
the first year and $3,241,000 the second year are for an increase in judge
units, including three trial court judge units in the First Judicial District,
one trial court judge unit in the Seventh Judicial District, one trial court
judge unit in the Ninth Judicial District and two trial court judge units in
the Tenth Judicial District. These new judge units begin on January 1, 2008.
Each judge unit consists of a judge, law clerk, and court reporter.
Maintain
and Expand Drug Courts. $2,096,000 the first year and $2,097,000 the second year are to
maintain and to establish new drug courts.
Guardian Ad
Litem Services. $1,260,000 the first year and $1,629,000 the second year are for
guardian ad litem services.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5036
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Interpreter
Services.
$606,000 the first year and $777,000 the second year are for interpreter
services.
Psychological
Services.
$1,531,000 the first year and $2,151,000 the second year are for
psychological services.
In Forma
Pauperis Services. $178,000 each year is for in forma pauperis services.
Sec. 6. TAX COURT
$794,000 $825,000
Sec. 7. UNIFORM LAWS
COMMISSION $58,000 $52,000
Sec. 8. BOARD ON
JUDICIAL STANDARDS $450,000 $460,000
Investigative
and Hearing Costs. $125,000 each year is for special investigative and hearing costs
for major disciplinary actions undertaken by the board. This appropriation does
not cancel. Any encumbered and unspent balances remain available for these
expenditures in subsequent fiscal years.
Sec. 9. BOARD OF
PUBLIC DEFENSE $66,348,000 $69,519,000
District
Public Defense Caseload Increase. $3,213,000 the first year and $5,009,000 the
second year are for 34 new full-time equivalent attorneys and 11 new full-time
equivalent support staff positions to address caseload increases. Of this
amount, $200,000 each year is for transcript costs.
Sec. 10. PUBLIC
SAFETY
Subdivision 1. Total
Appropriation $152,112,000 $152,706,000
Appropriations by Fund
2008 2009
General 89,202,000 92,026,000
Special Revenue 6,788,000 9,846,000
State Government
Special Revenue 55,688,000 50,392,000
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5037
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Environmental 67,000 69,000
Trunk Highway 367,000 373,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Emergency
Management 2,687,000 2,698,000
Appropriations by Fund
General 2,620,000 2,629,000
Environmental 67,000 69,000
Pandemic
Flu Coordinator. $75,000 each year is for one position to coordinate state readiness
for a pandemic flu event. This is a onetime appropriation.
Subd. 3. Criminal
Apprehension 44,606,000 46,565,000
Appropriations by Fund
General 43,787,000 45,726,000
Special Revenue 445,000 459,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 367,000 373,000
Cooperative
Investigation of Cross-Jurisdictional Criminal Activity. $93,000 each year is
appropriated from the Bureau of Criminal Apprehension account in the special
revenue fund for grants to local officials for the cooperative investigation of
cross-jurisdictional criminal activity. Any unencumbered balance remaining in the
first year does not cancel but is available for the second year.
Laboratory
Activities. $352,000 the first year and $366,000 the second year are
appropriated from the Bureau of Criminal Apprehension account in the special
revenue fund for laboratory activities.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5038
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
DWI Lab Analysis. Notwithstanding
Minnesota Statutes, section 161.20, subdivision 3, $367,000 the first year and
$373,000 the second year are appropriated from the trunk highway fund for
laboratory analysis related to driving-while-impaired cases.
CriMNet Justice Information
Integration. $2,635,000 the first year and $2,760,000 the second year are for
statewide information integration policies. The base for this appropriation in
fiscal year 2010 shall be $2,032,000.
Policy Group; Report. The criminal and
juvenile justice information policy group shall study funding sources other
than the general fund for new CriMNet costs and present its ideas to the house
of representatives and senate committees having jurisdiction over criminal
justice policy and funding by January 15, 2008.
Forensic Scientists. $509,000 the first year
and $1,411,000 the second year are for new forensic scientists in the Bureau of
Criminal Apprehension Forensic Science Laboratory. If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it.
Crime Labs and Crime Strike
Task Forces; Working Group. The commissioner of public safety shall convene
a working group to study and prepare a report on the appropriateness of
additional regional forensic crime laboratories and regional crime strike task
forces. The commissioner must consult with the chairs of the legislative
committees with responsibility for public safety finance on the membership of
the working group. The Forensic Laboratory Advisory Board, established under
Minnesota Statutes, section 299C.156, and the Gang and Drug Oversight Council,
established under section 299A.641, must provide advice and assistance to the
commissioner and the working group as requested by the commissioner. The
working group must submit its report and recommendations to the house of
representatives and senate committees with responsibility for public safety
finance by February 1, 2008.
Subd. 4. Fire
Marshal 6,193,000 9,234,000
This appropriation is from the fire safety account
in the special revenue fund.
Of this amount, $3,330,000 the first year and
$6,300,000 the second year are for activities under Minnesota Statutes, section
299F.012.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5039
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 5. Alcohol
and Gambling Enforcement 1,792,000 1,838,000
Appropriations by Fund
General 1,642,000 1,685,000
Special Revenue 150,000 153,000
Subd. 6. Office
of Justice Programs 41,153,000 41,986,000
Crime Victim
Reparations. $250,000 each year is to increase the amount of funding for crime
victim reparations.
Emergency
Assistance Grants. $100,000 each year is for grants under Minnesota Statutes, section
611A.675. This is a onetime appropriation.
Gang and Drug
Task Force. $600,000 the first year and $1,900,000 the second year are for
grants to the Gang and Drug Task Force.
Victim
Notification System. $455,000 each year is for the continuation of the victim
information and notification everyday (VINE) service.
Supervised
Parenting Grants. $200,000 each year are for grants to organizations that provide
supervised parenting time services to parents and children in Minnesota. The
commissioner shall establish grant evaluation and award criteria for the program
and ensure that grant recipients operate in a manner consistent with standards
and guidelines promulgated by the Supervised Visitation Network. Any portion of
the appropriation for the first year that is not used in that year is available
for grants in the second year. This is a onetime appropriation.
Child
Advocacy Center Grants. $50,000 each year is for child advocacy center grants under section
18. This is a onetime appropriation.
Squad Car
Cameras.
$500,000 each year is for grants to enable local law enforcement agencies to
make squad car camera technology upgrades or acquisitions. Of this amount,
$250,000 each year for the first two years is for a grant to the city of
Minneapolis.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5040
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
To be eligible for an
acquisition grant, law enforcement agencies shall provide a 25 percent match.
No match is required for upgrade grants.
The base budget for these grants
is $500,000 in fiscal year 2010. The base budget for the grants is $0 for
fiscal years 2011 and thereafter.
Crime
Victim Support Grant. $100,000 each year is for a grant to a nonprofit organization
dedicated to providing immediate and long-term emotional support and practical
help for the families and friends of individuals who have died by homicide,
suicide, or accident. This is a onetime appropriation.
Auto Theft
Emergency Grant. $75,000 each year is for grants under Minnesota Statutes, section 611A.675,
subdivision 1, clause (6). This is a onetime appropriation.
Crime
Victims.
$1,700,000 each year is to increase funding for victim services. Of this
amount, 59 percent is for battered women shelters, 17 percent is for domestic
violence programs, eight percent is for general crime victims, 11 percent is
for sexual assault programs, and five percent is for abused children programs.
Of this amount, $737,000 each year is added to the base budget.
COPS
Grants.
$1,000,000 each year is to hire new peace officers and for peace officer
overtime pay under Minnesota Statutes, section 299A.62, subdivision 1,
paragraph (b), clauses (1) and (2). The commissioner shall award the grants
based on the procedures set forth under section 299A.62. Of this amount, at least
$238,000 the first year and $217,000 the second year must be awarded to two
cities in Hennepin County that are not cities of the first class and have the
highest Part 1 and Part 2 crime rates per 100,000 inhabitants in the county as
calculated by the latest Bureau of Criminal Apprehension report. This is a
onetime appropriation.
Youth
Intervention Programs. $750,000 each year is for youth intervention programs under
Minnesota Statutes, section 299A.73. The commissioner shall use this money to
make grants to help existing programs serve unmet needs in their communities
and to fund new programs in underserved areas of the state. This is a onetime
appropriation.
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5041
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Legal
Advocacy for Trafficking Victims. $150,000 each year is for a grant for ten weekly
international trafficking screening clinics that are staffed by attorneys from
a nonprofit organization that provides free legal, medical, dental, mental
health, shelter, and vocational counseling services and English language
classes to trafficking victims in the state. This is a onetime appropriation
and is available until June 30, 2009.
The grant applicant shall
prepare and submit to the commissioner a written grant proposal detailing the
screening clinic free services, including components of the services offered.
Homeless
Outreach.
$150,000 each year is for homeless outreach grants under section 17. This is
a onetime appropriation.
Defibrillators. $50,000 each year is for
grants to local law enforcement agencies in counties other than metropolitan
counties, as defined in Minnesota Statutes, section 473.121, subdivision 4, to
purchase defibrillators. This is a onetime appropriation.
Integrated
Domestic Violence Response Framework; Report. $500,000 the first year
is for a grant to the city of St. Paul to implement an integrated domestic
violence response framework. The project must focus on the following items: developing
policies, procedures, and quality assurance for domestic violence responses
from 911 operators, law enforcement, prosecutors, probation, district court,
victim advocates, social service providers, and other identified interveners;
developing an information gathering and dissemination plan for interveners; and
developing training curricula for interveners. The project must develop a
statewide model for a domestic violence response framework that may be used by
local criminal justice agencies and advocacy programs throughout the state. The
city of St. Paul may contract with outside organizations to assist with the
duties to be performed under this project. These contracts, regardless of the
monetary limit or nature of the contract, shall be subject to municipal bidding
procedures or be awarded through the city's request for proposal (RFP) process.
This is a onetime appropriation and is available until June 30, 2009.
By February 1, 2010, the city
of St. Paul shall report to the chairs and ranking minority members of the
senate and house of representatives committees having jurisdiction over
criminal justice funding and policy on the results of the project.
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Day - Thursday, May 3, 2007 - Top of Page 5042
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Children at
Risk. $250,000
each year is for a grant to an organization that provides services to children
under the age of ten who are involved or are at highest risk of becoming
involved in the juvenile justice system and who are at highest risk of future
serious or violent offending, substance abuse, school failure, teen pregnancy,
or welfare dependency. This is a onetime appropriation.
Administration
Costs. Up
to 2.5 percent of the grant funds appropriated in this subdivision may be used
to administer the grant program.
Subd. 7. 911
Emergency Services/ARMER 55,681,000 50,385,000
This appropriation is from
the state government special revenue fund for 911 emergency telecommunications
services.
Public
Safety Answering Points. $13,664,000 each year is to be distributed as
provided in Minnesota Statutes, section 403.113, subdivision 2.
Medical
Resource Communication Centers. $683,000 each year is for grants to the
Minnesota Emergency Medical Services Regulatory Board for the Metro East and
Metro West Medical Resource Communication Centers that were in operation before
January 1, 2000.
ARMER Debt
Service.
$6,149,000 the first year and $11,853,000 the second year are to the
commissioner of finance to pay debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this
appropriation not needed to pay debt service in a fiscal year may be used by
the commissioner of public safety to pay cash for any of the capital
improvements for which bond proceeds were appropriated by Laws 2005, chapter
136, article 1, section 9, subdivision 8; or in subdivision 8.
The base for this
appropriation is $17,557,000 in fiscal year 2010 and $23,261,000 in fiscal year
2011.
Metropolitan
Council Debt Service. $1,410,000 each year is to the commissioner of finance for payment
to the Metropolitan Council for debt service on bonds issued under Minnesota
Statutes, section 403.27.
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Day - Thursday, May 3, 2007 - Top of Page 5043
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
ARMER Improvements. $1,000,000 each year is
for the Statewide Radio Board for costs of design, construction, maintenance
of, and improvements to those elements of the statewide public safety radio and
communication system that support mutual aid communications and emergency
medical services or provide interim enhancement of public safety communication
interoperability in those areas of the state where the statewide public safety
radio and communication system is not yet implemented.
ARMER Interoperability
Planning.
$323,000 each year is to provide funding to coordinate and plan for
communication interoperability between public safety entities.
ARMER State Backbone
Operating Costs. $3,110,000 each year is to the commissioner of transportation for
costs of maintaining and operating the first and third phases of the statewide
radio system backbone. The base for this appropriation is $5,060,000 in fiscal
year 2010 and $5,060,000 in fiscal year 2011 to provide funding to operate one
additional phase of the system.
Zone Controller. $5,400,000 the first
year is a onetime appropriation to upgrade zone controllers and network
elements in phases one and two of the statewide radio system.
Advance Project Development. $3,750,000 the first
year is a onetime appropriation for site acquisition and site development work
for the remaining phases of the statewide radio system. This appropriation is
available until June 30, 2010. This appropriation is to the commissioner of
public safety for transfer to the commissioner of transportation.
System Design. $1,850,000 the first
year is a onetime appropriation to complete detailed design and planning of the remaining phases of the statewide
radio system. The commissioner of public safety and the commissioner of
transportation shall determine the scope of the study, after consulting with
the Statewide Radio Board, the commissioner of administration, and the state
chief information officer. The study must address the system design for the
state backbone and implications for local coverage, how data can be integrated,
and whether other public safety communication networks can be integrated with
the state backbone. The study must estimate the full cost of completing the
state backbone to specified standards, the
cost of local subsystems, and the potential advantages of using
Journal of the House - 61st
Day - Thursday, May 3, 2007 - Top of Page 5044
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
a request for proposal
approach to solicit private sector participation in the project. The study must
include a financial analysis of whether the estimated revenue from increasing
the 911 fee by up to 30 cents will cover the estimated debt service of revenue
bonds issued to finance the cost of completing the statewide radio system and a
portion of the cost up to 50 percent for local subsystems. The study must also
review the project organizational structure and governance.
Subd. 8. ARMER
Public Safety 186,000,000
Radio and
Communication System. The appropriations in this subdivision are from the 911 revenue
bond proceeds account for the purposes indicated, to be available until the
project is completed or abandoned, subject to Minnesota Statutes, section
16A.642.
The appropriations are to
the commissioner of public safety for transfer to the commissioner of
transportation to construct the system backbone of the public safety radio and
communication system plan under Minnesota Statutes, section 403.36.
$62,000,000 of this
appropriation is for the second year. $62,000,000 of this appropriation is
available on or after July 1, 2009. $62,000,000 of this appropriation is
available on or after July 1, 2010.
The commissioner of public
safety and the commissioner of transportation shall certify to the chairs of
the house of representatives Public Safety Finance Division of the Finance
Committee and the senate Public Safety Budget Division of the Finance Committee
that the detailed design has been completed and that the financial analysis
finds that sufficient revenue will be generated by proposed changes in the 911
fee to cover all estimated debt service on revenue bonds proposed to be issued
to complete the system before the appropriation is made available. The
commissioner of finance shall not approve any fee increase under Minnesota
Statutes, section 403.11, subdivision 1, paragraph (c), until this
certification is made.
Bond Sale
Authorization. To provide the money appropriated in this subdivision, the
commissioner of finance shall sell and issue bonds of the state in an amount up
to $186,000,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, section 403.275.
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Day - Thursday, May 3, 2007 - Top of Page 5045
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 11. PEACE OFFICER STANDARDS AND
TRAINING (POST) BOARD $4,296,000 $4,278,000
Excess
Amounts Transferred. This appropriation is from the peace officer training account in
the special revenue fund. Any new receipts credited to that account in the
first year in excess of $4,296,000 must be transferred and credited to the
general fund. Any new receipts credited to that account in the second year in
excess of $4,278,000 must be transferred and credited to the general fund.
Peace
Officer Training Reimbursements. $3,159,000 the first year and $3,159,000 the
second year are for reimbursements to local governments for peace officer
training costs.
No Contact
Orders.
The board shall: (1) revise and update preservice courses and develop
in-service training courses related to no contact orders in domestic violence
cases and domestic violence dynamics; and (2) reimburse peace officers who have
taken training courses described in clause (1). At a minimum, the training must
include instruction in the laws relating to no contact orders and address how
to best coordinate law enforcement resources relating to no contact orders. In
addition, the training must include a component to instruct peace officers on
doing risk assessments of the escalating factors of lethality in domestic
violence cases. The board must consult with a statewide domestic violence
organization in developing training courses. The board shall utilize a request
for proposal process in awarding training contracts. The recipient of the
training contract must conduct these trainings with advocates or instructors
from a statewide domestic violence organization.
Beginning on January 1,
2008, the board may not approve an in-service training course relating to
domestic abuse that does not comply with this section.
Sec. 12. BOARD OF
PRIVATE DETECTIVES AND
PROTECTIVE AGENT SERVICES $129,000 $132,000
Sec. 13. HUMAN RIGHTS
$4,986,000 $3,733,000
Management
Information System. $1,403,000 the first year and $55,000 the second year are for the
replacement of the department's tracking and compliance databases with a
management information system.
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Day - Thursday, May 3, 2007 - Top of Page 5046
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Evaluation. The department shall
conduct a survey that evaluates the outcome of complaints filed with the
department and whether or not a charging party is satisfied with the outcome of
a complaint and the process by which the complaint is reviewed and handled by
the department. The department shall evaluate complaints for which a probable
cause or no probable cause determination is made. The survey must seek to
determine the reasons for any dissatisfaction and whether a party sought an
appeal or reconsideration of a determination or decision. The survey shall
evaluate complaints filed or resolved in the past two years. By January 15,
2008, the department shall summarize the survey findings and file a report with
the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over criminal justice policy and funding
that discusses the findings and any recommended changes in policies,
procedures, or staffing the department proposes to undertake in response to the
findings.
Inmate
Complaints, Assaults, and Fatalities; Corrections Ombudsman; Working Group;
Report.
By August 1, 2007, the commissioner of human rights shall convene a working
group to study how the state addresses inmate complaints, assaults, and deaths
in county jails, workhouses, and prisons. The commissioner shall serve as chair
of the working group and invite representatives from the Department of
Corrections, legislature, Minnesota Sheriffs' Association, Minnesota
Association of Community Corrections Act counties, state bar association,
criminal victims justice unit, Council on Black Minnesotans, Indian Affairs
Council, Council on Asian-Pacific Minnesotans, Chicano/Latino Affairs Council,
University of Minnesota Law School, Immigrant Law Center of Minnesota, the
ombudsman for mental health and developmental disabilities, and other
interested parties to participate in the working group. The group must: (1)
assess how state and local units of government currently process and respond to
inmate complaints, assaults, and deaths; (2) assess the effectiveness of the
state's former corrections ombudsman program; (3) study other states'
corrections ombudsmen; (4) study whether the state should conduct a fatality
review process for inmates who die while in custody; and (5) make
recommendations on how state and local units of government should
systematically address inmate complaints, assaults, and deaths, including the
need to reappoint a corrections ombudsman. The commissioner of corrections
shall provide to the working group summary data on assaults and deaths that
have occurred in state and local correctional facilities. The commissioner of
human rights shall file a report detailing the group's findings and
recommendations with the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over criminal justice
policy and funding by January 15, 2008.
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Day - Thursday, May 3, 2007 - Top of Page 5047
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Attorney
General; Continuation of Services. The attorney general shall continue to provide
conciliation services and conduct settlement conferences for the department in
situations where the commissioner has determined that there is probable cause
to believe that a person has engaged in an unfair discriminatory practice.
Sec. 14. DEPARTMENT
OF CORRECTIONS
Subdivision 1. Total
Appropriation $460,829,000 $475,954,000
Appropriations by Fund
2008 2009
General 459,939,000 475,064,000
Special Revenue 890,000 890,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Correctional
Institutions 323,492,000 336,631,000
Appropriations by Fund
General 322,912,000 336,051,000
Special Revenue 580,000 580,000
Contracts
for Beds at Rush City. If the commissioner contracts with other states, local units of
government, or the federal government to rent beds in the Rush City
Correctional Facility, the commissioner shall charge a per diem under the
contract, to the extent possible, that is equal to or greater than the per diem
cost of housing Minnesota inmates in the facility.
Notwithstanding any law to
the contrary, the commissioner may use per diems collected under contracts for
beds at MCF-Rush City to operate the state correctional system.
Offender
Re-Entry Services. $400,000 each year is for increased funding for expansion of
offender re-entry services in the institutions and staffing for the Department
of Corrections MCORP program.
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Day - Thursday, May 3, 2007 - Top of Page 5048
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 3. Community
Services 119,821,000 121,396,000
Appropriations by Fund
General 119,721,000 121,296,000
Special Revenue 100,000 100,000
ISR Agents,
Challenge Incarceration Program. $600,000 the first year and $1,000,000 the
second year are for intensive supervised release agents for the challenge
incarceration program.
ISR Agents,
Conditional Release Program. $300,000 each year is for intensive supervised
release agents for the conditional release program. This is a onetime
appropriation.
Interstate
Compact.
$225,000 each year is for increased costs based on changes made to the
Interstate Compact for Adult Offender Supervision, Minnesota Statutes, section
243.1605.
Sex
Offenders, Civil Commitment and Tracking. $350,000 each year is to fund a legal
representative for civil commitments and to manage and track sex offenders.
Probation
Supervision, CCA System. $2,800,000 each year is added to the Community
Corrections Act subsidy, Minnesota Statutes, section 401.14.
Probation
Supervision, CPO System. $600,000 each year is added to the county
probation officers reimbursement base.
Probation
Supervision, DOC System. $600,000 each year is for the Department of
Corrections probation and supervised release unit.
Probation,
Caseload Reduction. $2,000,000 each year is for adult and juvenile felon offender
management to be distributed statewide by the Community Corrections Act formula.
These appropriations may be used for sex offender management.
Sex
Offender Treatment. $500,000 each year are to increase funding for providing treatment
for sex offenders on community supervision.
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Day - Thursday, May 3, 2007 - Top of Page 5049
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sentencing
to Service. $600,000 each year is to increase funding for sentencing to service
activities such as highway litter cleanup.
Short-Term Offenders. $2,500,000 each year is
to increase funding for the costs associated with the housing and care of
short-term offenders. The commissioner may use up to 20 percent of the total
amount of the appropriation for inpatient medical care for short-term offenders.
All funds remaining at the end of the fiscal year not expended for inpatient
medical care must be added to and distributed with the housing funds. These
funds must be distributed proportionately based on the total number of days
short-term offenders are placed locally, not to exceed $70 per day.
The department is exempt
from the state contracting process for the purposes of paying short-term
offender costs relating to Minnesota Statutes, section 609.105.
Offender
Re-Entry Service. $550,000 each year is for offender job-seeking services,
evidence-based research, expansion of re-entry services specific to juveniles,
and funding to local units of government participating in MCORP to provide
re-entry programming to offenders.
Offender
Re-Entry Grant. $600,000 the first year and $1,000,000 the second year are for
grants to the nonprofit organization selected to administer the demonstration
project for high-risk adults under section 19. This is a onetime appropriation.
Employment
Services for Ex-Offenders. $200,000 each year is for grants to a nonprofit
organization to establish a pilot project to provide employment services to
ex-criminal offenders living in the North Minneapolis community as provided for
in section 21. This is a onetime appropriation.
Domestic
Abuse Re-Entry Grants. $200,000 each year is for the grant authorized in section 20. This
is a onetime appropriation.
Re-Entry;
Productive Day. $150,000 each year is appropriated from the general fund to the
commissioner of corrections for the fiscal biennium ending June 30, 2009. The
commissioner shall distribute the money as a grant to the Arrowhead Regional
Corrections Agency to expand the agency's productive day initiative program, as
defined in Minnesota Statutes, section 241.275, to include juvenile offenders
who are 16 years of age and older. This is a onetime appropriation.
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APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Mentoring Grants. $375,000 each year is
for mentoring grants under Minnesota Statutes, section 241.90. The grant
recipient may collaborate with local parks and recreation departments and may
reimburse the departments for the use of their facilities by the grant recipient.
This is a onetime appropriation.
Short-Term
Offender Study; Report. The commissioner shall study the use and effectiveness of the
short-term offender program and identify gaps in the current system relating to
programming and re-entry services for short-term offenders. On or before
November 1, 2007, the commissioner shall submit a report detailing the
commissioner's findings and recommendations to the house of representatives and
senate committees with jurisdiction over public safety policy and funding.
Subd. 4. Operations
Support 17,516,000 17,927,000
Appropriations by Fund
General 17,306,000 17,717,000
Special Revenue 210,000 210,000
Sec. 15. SENTENCING
GUIDELINES $704,000 $609,000
Effectiveness
of Re-Entry Programs and Drug Courts; Study. The Sentencing
Guidelines Commission, in consultation with the commissioner of corrections and
the state court administrator, shall study: (1) the effectiveness of the
offender re-entry funding and programs authorized in this act; and (2) the
effectiveness of the state's drug courts. The report must assess the impact
this act's re-entry grants and programs and the state's drug court funding had
on the recidivism rate of offenders who participated in programs that received
re-entry grants or drug courts, attempt to calculate related savings, if any,
in incarceration costs, and develop a formula by which to measure the impact in
incarceration costs. The executive director of the commission shall file an
interim report by January 15, 2008, and a final report by January 15,
2009, with the chairs and minority members of the house of representatives and
senate committees with jurisdiction over public safety policy and funding.
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Day - Thursday, May 3, 2007 - Top of Page 5051
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Collateral Sanctions
Committee.
$100,000 the first year is for the Collateral Sanctions Committee described
in article 7, section 23. This money must be used for staffing, conducting
research, conducting public hearings, reimbursing committee members for
reasonable expenses, and for the required report.
Changes to Grid for
Controlled Substance Offenses. The commission shall propose changed rankings
for controlled substance offenses on the sentencing guidelines grid. The
proposal must encompass the following factors:
(1) the proportionality of Minnesota's drug
sentencing provisions when compared to sentencing provisions for other crimes
in Minnesota;
(2) the proportionality of Minnesota's drug
sentencing provisions when compared to drug sentencing provisions throughout
the United States, including the Federal system;
(3) the average and the range of criminal history
scores for each level of drug offender currently incarcerated in Minnesota's
prisons;
(4) the criminal history of offenders who would be
impacted by the commission's recommendations;
(5) the type and quantity of Minnesota correctional
resources that are dedicated to all drug offenders; and
(6) the projected annual cost to the Department of
Corrections of incarcerating all drug offenders in state prisons over the next
ten years, under present grid rankings and under the proposed grid rankings.
The commission's proposal shall not take effect,
except as provided in Minnesota Statutes, section 244.09, subdivision 11.
Sec. 16. [241.90] MENTORING GRANT FOR CHILDREN OF
INCARCERATED PARENTS.
Subdivision 1. Mentoring grant. The commissioner of corrections shall
award a grant to nonprofit organizations that provide one-to-one mentoring
relationships to youth enrolled between the ages of seven to 13 whose parent or
other significant family member is incarcerated in a county workhouse, county
jail, state prison, or other type of correctional facility or is subject to
correctional supervision. The intent of the grant is to provide children with
adult mentors to strengthen developmental outcomes, including enhanced
self-confidence and esteem; improved academic performance; and improved
relationships with peers, family, and other adults that may prevent them from
entering the juvenile justice system.
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Subd. 2. Grant criteria. As a condition of receiving grants, the
grant recipients shall do the following:
(1) collaborate with other
organizations that have a demonstrated history of providing services to youth
and families in disadvantaged situations;
(2) implement procedures to
ensure that 100 percent of the mentors pose no safety risk to the child and
have the skills to participate in a mentoring relationship;
(3) provide enhanced
training to mentors focusing on asset building and family dynamics when a
parent is incarcerated; and
(4) provide an individual
family plan and aftercare.
Subd. 3. Program evaluation. Grant recipients shall submit an
evaluation plan to the commissioner delineating the program and student outcome
goals and activities implemented to achieve the stated outcomes. The goals must
be clearly stated and measurable. Grant recipients shall collect, analyze, and
report on participation and outcome data that enable the department to verify
that the program goals were met.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 17. HOMELESS OUTREACH GRANTS.
Subdivision 1. Grant program. The commissioner of public safety shall
establish a grant program to connect people experiencing homelessness to
housing and services for purposes of reducing recidivism and promoting stronger
communities.
Subd. 2. Grant recipients. The commissioner, in consultation with
the director of ending long-term homelessness, the Ending Long-Term
Homelessness Advisory Council, and the Office of Economic Opportunity of the
Department of Human Services, shall award grants to agencies experienced in
homeless outreach services and provide needed staff qualified to work with
people with serious mental illness or chemical dependency, and employ outreach
staff who are trained and qualified to work with racially and culturally
diverse populations.
Subd. 3. Project design. Projects eligible for grants under this
section must do the following:
(1) provide outreach
services that may be targeted to, but are not limited to, people experiencing
long-term homelessness and homeless people who have had repeated interactions
with law enforcement;
(2) provide outreach
services that will provide intervention strategies linking people to housing
and services as an alternative to arrest;
(3) provide a plan to
connect people experiencing homelessness to services for which they may be
eligible, such as Supplemental Security Income, veterans benefits, health care,
housing assistance, and long-term support programs for those with significant
barriers to living on their own;
(4) demonstrate partnership
or collaboration with local law enforcement, which may include joint
application for homeless outreach grants, joint sharing in administration of
the grant, development of protocol defining when outreach workers are called
upon, and shared training opportunities;
(5) promote community
collaboration with local and county governments, social services providers, mental
health crisis providers, and other community organizations that address
homelessness;
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(6) provide a plan to
leverage resources from the entities listed in clause (5) and other private
sources to accomplish the goal of moving people into housing and services; and
(7) provide a plan to
measure and evaluate the program's effectiveness in connecting people
experiencing homelessness to housing and services and reducing the use of
public safety and corrections resources.
Subd. 4. Annual report. Grant recipients shall report to the
commissioner by June 30 of each year on the services and programs provided,
expenditures of grant money, and an evaluation of the program's success in
connecting individuals experiencing homelessness to housing and services, and
reducing the use of public safety and corrections resources. The commissioner
shall independently evaluate the effectiveness of the grant recipients in
achieving the goals of the program and report the results of this evaluation
and other information on the grant program to the chairs and ranking minority
members of the senate and house of representatives divisions having
jurisdiction over criminal justice funding by January 15, 2010.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 18. CHILD ADVOCACY CENTER GRANTS.
Subdivision 1. Purpose. Grants under this section are provided to
stabilize funding and ensure the continued viability of core functions relating
to child maltreatment investigations, interviews, treatment, and related
training. The grants ensure that child victims of abuse have access to safe,
secure facilities and that law enforcement has access to the tools necessary
for the successful apprehension and conviction of child predators. The grants
ensure that important government duties relating to the protection of children
are not ignored and subjected to unstable, irregular funding sources. The
grants provide funding for state mandates relating to child maltreatment
reporting and assessment.
Subd. 2. Criteria. (a) Grants must be made only to child advocacy
centers that are accredited members in good standing with the National
Children's Alliance or are actively pursuing that status.
(b) Grant awards may be used
for:
(1) child interview or
investigation programs and facilities;
(2) coordination of or
referral for support services; or
(3) related statewide
training programs.
(c) To be eligible for a grant,
a child advocacy center must facilitate the provision of the following core
services:
(1) support and services for
alleged child abuse victims and their families;
(2) coordination of
investigations of child abuse by providing a location for forensic interviews;
(3) promoting the
coordination of services for children alleged to have been abused;
(4) forensic medical
examinations;
(5) mental health and
related support services;
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(6) court advocacy; and
(7) consultation and
training of multidisciplinary child protection teams.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 19. DEMONSTRATION PROJECT FOR HIGH-RISK
ADULTS.
Subdivision 1. Definition. For purposes of this section, "high-risk
adult" means an adult with a history of some combination of substance
abuse, mental illness, chronic unemployment, incarceration, or homelessness.
High-risk adults are considered to be very likely to enter or re-enter state or
county correctional programs or chemical or mental health programs.
Subd. 2. Establishment. (a) The commissioner of corrections shall
contract with one nonprofit entity to conduct this demonstration project and
document the effectiveness of this model. Initially, the demonstration will
operate in the Twin Cities metropolitan area.
(b) At a minimum, the
contractor shall meet the following criteria:
(1) be an incorporated,
nonprofit organization that is capable of managing and operating a multidisciplinary
model for providing high-risk adults with housing, short-term work, health
care, behavioral health care, and community re-engagement;
(2) demonstrate an ability
to organize and manage an alliance of nonprofit organizations providing
services to high-risk adults;
(3) have organizational
leaders with a demonstrated ability to organize, manage, and lead service teams
consisting of workers from multiple service providers that deliver direct
support to high-risk adults;
(4) have experience with providing
a comprehensive set of housing, work, health care, behavioral health care, and
community re-engagement services to high-risk adults; and
(5) be a recipient of
foundation and other private funds for the refinement and testing of a
demonstration of this type.
Subd. 3. Scope of the demonstration project. The contractor
undertaking this demonstration project shall do the following, as part of this
project:
(1) enroll eligible
high-risk adults over the demonstration project period, starting December 1,
2007;
(2) using best practices
derived from research and testing, provide or assist in arranging access to
services for high-risk adults enrolled in the demonstration project, including,
at a minimum, housing, behavioral health services, health care, employment, and
community and family re-engagement;
(3) maximize the performance
of existing services and programs by coordinating access to and the delivery of
these services; and
(4) define conditions under which
enrollees are considered to be in good standing and allowed to remain in the
demonstration project.
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The conditions under clause
(4) may include, but are not limited to, the following:
(i) living in stable and
safe housing;
(ii) working and earning an
income;
(iii) paying child support,
if appropriate;
(iv) participating in
treatment programs, if appropriate; and
(v) having no arrests.
Subd. 4. Eligibility. The following types of individuals are
eligible for enrollment in this demonstration project:
(1) high-risk adults;
(2) high-risk adults in the
process of being released from state correctional facilities, county detention
facilities, community-based treatment or detoxification facilities, community
corrections halfway houses, or other similar programs, or on probation; and
(3) high-risk adults willing
to accept the requirements imposed on enrollees in the demonstration project, including,
but not limited to, maintaining steady employment; paying child support, if
applicable; remaining drug-free and alcohol-free, if applicable; and no
criminal activity.
Subd. 5. Payment. To the extent funds are appropriated for the
purposes of this section, the commissioner of corrections shall pay to the
entity under contract a monthly fee of $1,600 for each enrollee who (1) had
been in the custody of the commissioner of corrections within the preceding
year, and (2) is in good standing in the demonstration project.
Subd. 6. Report. (a) By January 15 of each year, the entity under
contract shall submit a report to the commissioners of corrections, human
services, employment and economic development, and housing finance, and the
legislature. The report must include the following:
(1) the number of
participants who have been enrolled and the number currently participating in
the demonstration project;
(2) a description of the
services provided to enrollees over the past year and over the duration of the
demonstration project to date;
(3) an accounting of the
costs associated with the enrollees over the past year and over the duration of
the demonstration project to date; and
(4) any other information
requested by the commissioners of corrections, human services, employment and
economic development, and housing finance, and the legislature.
(b) The report must include
recommendations on improving and expanding the project to other geographical
areas of the state.
(c) The report must include
an update on the status of the independent evaluation required in subdivision
7.
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Subd. 7. Independent evaluation. An independent evaluator selected
by the commissioner of corrections shall conduct an evaluation of the project.
The independent evaluator shall complete and submit a report of findings and
recommendations to the commissioners of corrections, human services, employment
and economic development, and housing finance, and the legislature. This
independent evaluation must be developed and implemented concurrently with the
demonstration project, beginning on December 1, 2007. The final report is due
upon completion of the demonstration project and must be submitted to the above-named
entities.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 20. RE-ENTRY GRANT ADDRESSING DOMESTIC
VIOLENCE AND INTIMATE PARTNER VIOLENCE.
Subdivision 1. Re-entry grant. The commissioner of corrections shall award
a grant to a nonprofit having a section 501(c)(3) status with the Internal
Revenue Service or a public or private institution of higher education that has
expertise in addressing the intersection between offender re-entry and domestic
violence. The intent of the grant is to provide services to re-entering
offenders and their intimate partners to: (1) reduce the incidence of domestic
violence among offenders re-entering the community; (2) reduce occurrences of
domestic violence, serious injury, and death experienced by intimate partners
who are in relationships with offenders recently released from jail or prison;
and (3) reduce criminal recidivism due to domestic violence.
Subd. 2. Grant criteria. As a condition of receiving the grant,
the grant recipient must:
(1) subcontract with at
least one community-based domestic abuse counseling or educational program and
at least one crime victim service provider to provide comprehensive services to
recently released offenders and their intimate partners;
(2) train the organizations
selected pursuant to clause (1) on research-based practices and best practices
in addressing the intersection of offender re-entry and domestic violence; and
(3) serve as liaison to the
Department of Corrections and provide technical assistance, training, and
coordination to the organizations selected pursuant to clause (1) in
implementing policies that address the intersection of offender re-entry and
domestic violence.
Subd. 3. Program evaluation. The grant recipient must rigorously
evaluate the effectiveness of its intervention and work with subcontracted
organizations to collect data. The grant recipient must submit an evaluation
plan to the commissioner of corrections delineating project goals and specific
activities performed to achieve those goals.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 21. EMPLOYMENT SERVICES FOR EX-CRIMINAL
OFFENDERS; PILOT PROJECT.
(a) The commissioner of
corrections shall issue a grant to a nonprofit organization to establish a pilot
project to provide employment services to ex-criminal offenders living in the
North Minneapolis community. The pilot project must provide the ex-offender
participants with a continuum of employment services that identifies their
needs; intervenes with them through case management if they are struggling; and
provides them with work readiness, skill training, chemical and mental health
referrals, housing support, job placement, work experience, and job retention
support. The pilot project shall work with community corrections officials,
faith-based organizations, and businesses to create an array of support
opportunities for the participants.
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(b) By January 15, 2010, the
commissioner of corrections shall report to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding on the activities
conducted by the grant recipient and the effectiveness of the pilot project.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 2
GENERAL CRIME
Section 1. Minnesota
Statutes 2006, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A
domestic abuse no contact order is an order issued by a court against a
defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking
charged under section 609.749 and committed against a family or household
member;
(3) violation of an order
for protection charged under subdivision 14; or
(4) violation of a prior
domestic abuse no contact order charged under this subdivision.
It includes pretrial orders
before final disposition of the case and probationary orders after sentencing.
(b) A person who knows of
the existence of a domestic abuse no contact order issued against the person
and violates the order is guilty of a misdemeanor.
(c) A person is guilty of a gross
misdemeanor who knowingly violates this subdivision within ten years of a
previous qualified domestic violence-related offense conviction or adjudication
of delinquency. Upon a gross misdemeanor conviction under this paragraph,
the defendant must be sentenced to a minimum of ten days' imprisonment and must
be ordered to participate in counseling or other appropriate programs selected
by the court as provided in section 518B.02. Notwithstanding section 609.135,
the court must impose and execute the minimum sentence provided in this
paragraph for gross misdemeanor convictions.
(d) A person is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the person knowingly
violates this subdivision: (1) within ten years of the first of two or more
previous qualified domestic violence-related offense convictions or
adjudications of delinquency; or (2) while possessing a dangerous weapon, as
defined in section 609.02, subdivision 6. Upon a felony conviction under this
paragraph in which the court stays imposition or execution of sentence, the
court shall impose at least a 30-day period of incarceration as a condition of
probation. The court also shall order that the defendant participate in
counseling or other appropriate programs selected by the court. Notwithstanding
section 609.135, the court must impose and execute the minimum sentence
provided in this paragraph for felony convictions.
(d) (e) A peace officer shall arrest
without a warrant and take into custody a person whom the peace officer has
probable cause to believe has violated a domestic abuse no contact order, even
if the violation of the order did not take place in the presence of the peace
officer, if the existence of the order can be verified by the officer. The
person shall be held in custody for at least 36 hours, excluding the day of
arrest, Sundays, and holidays, unless the person is released earlier by a judge
or judicial officer. A peace officer acting in good faith and exercising due
care in making an arrest pursuant to this paragraph is immune from civil
liability that might result from the officer's actions.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 2. Minnesota Statutes
2006, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related
offense. "Qualified domestic violence-related offense" includes a
violation of or an attempt to violate the following offenses:
sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact
order); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation);
609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a
child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of
harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other
states, the United States, the District of Columbia, tribal lands, and United
States territories.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 3. Minnesota Statutes
2006, section 609.341, subdivision 11, is amended to read:
Subd. 11. Sexual contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (m)
(o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed
with sexual or aggressive intent:
(i) the intentional touching
by the actor of the complainant's intimate parts, or
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts
effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
(iii) the touching by
another of the complainant's intimate parts effected by coercion or by a person
in a position of authority, or
(iv) in any of the cases
above, the touching of the clothing covering the immediate area of the intimate
parts.
(b) "Sexual contact,"
for the purposes of sections 609.343, subdivision 1, clauses (g) and (h), and
609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching
by the actor of the complainant's intimate parts;
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts;
(iii) the touching by
another of the complainant's intimate parts; or
(iv) in any of the cases
listed above, touching of the clothing covering the immediate area of the
intimate parts.
(c) "Sexual contact
with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or
anal opening with sexual or aggressive intent or the touching by the
complainant's bare genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 4. Minnesota Statutes
2006, section 609.344, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in sexual
penetration with another person is guilty of criminal sexual conduct in the
third degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the complainant's age nor consent to the act
by the complainant shall be a defense;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 24 months
older than the complainant. In any such case if the actor is no more than
120 months older than the complainant, it shall be an affirmative defense,
which must be proved by a preponderance of the evidence, that the actor
reasonably believes the complainant to be 16 years of age or older. In
all other cases, mistake as to the complainant's age shall not be a defense. If
the actor in such a case is no more than 48 months but more than 24 months
older than the complainant, the actor may be sentenced to imprisonment for not
more than five years. Consent by the complainant is not a defense;
(c) the actor uses force or
coercion to accomplish the penetration;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(e) the complainant is at
least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an
accomplice used force or coercion to accomplish the penetration;
(ii) the complainant
suffered personal injury; or
(iii) the sexual abuse
involved multiple acts committed over an extended period of time.
Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a
psychotherapist and the complainant is a patient of the psychotherapist and the
sexual penetration occurred:
(i) during the psychotherapy
session; or
(ii) outside the psychotherapy
session if an ongoing psychotherapist-patient relationship exists.
Consent by the complainant
is not a defense;
(i) the actor is a
psychotherapist and the complainant is a former patient of the psychotherapist
and the former patient is emotionally dependent upon the psychotherapist;
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(j) the actor is a
psychotherapist and the complainant is a patient or former patient and the
sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes
the sexual penetration by means of deception or false representation that the
penetration is for a bona fide medical purpose. Consent by the complainant is
not a defense;
(1) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual penetration
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual penetration
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the complainant is not a defense; or
(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the
complainant. Consent by the complainant is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual penetration occurred during or immediately
before or after the actor performed or was hired to perform one of those services
for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 5. Minnesota Statutes
2006, section 609.345, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the complainant's age or consent to the act
by the complainant is a defense. In a prosecution under this clause, the state
is not required to prove that the sexual contact was coerced;
(b) the complainant is at least
13 but less than 16 years of age and the actor is more than 48 months older
than the complainant or in a position of authority over the complainant.
Consent by the complainant to the act is not a defense. In any such case, if
the actor is no more than 120 months older than the complainant, it shall
be an affirmative defense which must be proved by a preponderance of the
evidence that the actor reasonably believes the complainant to be 16
years of age or older. In all other cases, mistake as to the complainant's
age shall not be a defense;
(c) the actor uses force or
coercion to accomplish the sexual contact;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
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(e) the complainant is at
least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual contact. Neither mistake as
to the complainant's age nor consent to the act by the complainant is a
defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an
accomplice used force or coercion to accomplish the contact;
(ii) the complainant
suffered personal injury; or
(iii) the sexual abuse
involved multiple acts committed over an extended period of time.
Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a
psychotherapist and the complainant is a patient of the psychotherapist and the
sexual contact occurred:
(i) during the psychotherapy
session; or
(ii) outside the
psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
(i) the actor is a
psychotherapist and the complainant is a former patient of the psychotherapist
and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a
psychotherapist and the complainant is a patient or former patient and the
sexual contact occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes
the sexual contact by means of deception or false representation that the
contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
(1) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual contact
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual contact
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee,
independent contractor, or volunteer of a state, county, city, or privately
operated adult or juvenile correctional system, including, but not limited to,
jails, prisons, detention centers, or work release facilities, and the
complainant is a resident of a facility or under supervision of the
correctional system. Consent by the complainant is not a defense; or
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(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately
before or after the actor transported the complainant. Consent by the
complainant is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 6. Minnesota Statutes
2006, section 609.3455, is amended by adding a subdivision to read:
Subd. 9. Applicability. The provisions of this section do not
affect the applicability of Minnesota Statutes 2004, section 609.108, to crimes
committed before August 1, 2005, or the validity of sentences imposed under
Minnesota Statutes 2004, section 609.108.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes
2006, section 609.352, is amended to read:
609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT;
COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions. As used in this section:
(a) "child" means
a person 15 years of age or younger;
(b) "sexual
conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as
defined in section 617.246; and
(c) "solicit"
means commanding, entreating, or attempting to persuade a specific person in person,
by telephone, by letter, or by computerized or other electronic means.
Subd. 2. Prohibited act. A person 18 years of
age or older who solicits a child or someone the person reasonably believes is
a child to engage in sexual conduct with intent to engage in sexual conduct is
guilty of a felony and may be sentenced to imprisonment for not more than
three years, or to payment of a fine of not more than $5,000, or both as
provided in subdivision 4.
Subd. 2a. Internet or computer solicitation of children. A person
18 years of age or older who uses the Internet or a computer, computer program,
computer network, or computer system to commit any of the following acts, with
the intent to arouse the sexual desire of any person, is guilty of a felony and
may be sentenced as provided in subdivision 4:
(1) soliciting a child or
someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in
communication relating to or describing sexual conduct with a child or someone
the person reasonably believes is a child; or
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(3) distributing any
material, language, or communication, including a photographic or video image,
that relates to or describes sexual conduct to a child or someone the person
reasonably believes is a child.
Subd. 2b. Jurisdiction. A person may be convicted of an offense
under subdivision 2a if the transmission that constitutes the offense either
originates within this state or is received within this state.
Subd. 3. Defenses. (a) Mistake as to age
is not a defense to a prosecution under this section.
(b) The fact that an
undercover operative or law enforcement officer was involved in the detection
or investigation of an offense under this section does not constitute a defense
to a prosecution under this section.
Subd. 4. Penalty. A person convicted under subdivision 2 or 2a is
guilty of a felony and may be sentenced to imprisonment for not more than three
years, or to payment of a fine of not more than $5,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota Statutes
2006, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be
sentenced as follows:
(1) to imprisonment for not
more than 20 years or to payment of a fine of not more than $100,000, or both,
if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2,
clause (3), (4), (15), or (16); or
(2) to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both,
if the value of the property or services stolen exceeds $2,500 $5,000,
or if the property stolen was an article representing a trade secret, an
explosive or incendiary device, or a controlled substance listed in schedule I
or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both,
if any of the following circumstances exist:
(a) the value of the
property or services stolen is more than $500 $1,000 but not more
than $2,500 $5,000; or
(b) the property stolen was
a controlled substance listed in schedule III, IV, or V pursuant to section
152.02; or
(c) the value of the
property or services stolen is more than $250 $500 but not more
than $500 $1,000 and the person has been convicted within the preceding
five years for an offense under this section, section 256.98; 268.182; 609.24;
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received
a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the
property or services stolen is not more than $500 $1,000, and any
of the following circumstances exist:
(i) the property is taken
from the person of another or from a corpse, or grave or coffin containing a
corpse; or
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(ii) the property is a
record of a court or officer, or a writing, instrument or record kept, filed or
deposited according to law with or in the keeping of any public officer or
office; or
(iii) the property is taken
from a burning, abandoned, or vacant building or upon its removal therefrom, or
from an area of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists
of public funds belonging to the state or to any political subdivision or
agency thereof; or
(v) the property stolen is a
motor vehicle; or
(4) to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both, if
the value of the property or services stolen is more than $250 $500
but not more than $500 $1,000; or
(5) in all other cases where
the value of the property or services stolen is $250 $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more
than $1,000, or both, provided, however, in any prosecution under subdivision
2, clauses (1), (2), (3), (4), and (13), the value of the money or property or
services received by the defendant in violation of any one or more of the above
provisions within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision; provided
that when two or more offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 9. Minnesota Statutes
2006, section 609.52, is amended by adding a subdivision to read:
Subd. 3a. Enhanced penalty. If a violation of this section creates
a reasonably foreseeable risk of bodily harm to another, the penalties
described in subdivision 3 are enhanced as follows:
(1) if the penalty is a
misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine
of not more than $5,000, or both; and
(2) if the penalty is a
felony, the statutory maximum sentence for the offense is 50 percent longer
than for the underlying crime.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota Statutes
2006, section 609.526, is amended to read:
609.526 PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING STOLEN
PROPERTY.
Subdivision 1. Definitions. As used in this section, the following terms
have the meanings given:
(1) "precious metal
dealer" has the meaning given in section 325F.731, subdivision 2; and
(2) "scrap metal
dealer" has the meaning given in section 325E.21, subdivision 1.
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Subd. 2. Crime described. Any precious metal dealer as defined in
section 325F.731, subdivision 2, or scrap metal dealer or any person
employed by a precious metal dealer as defined in section 325F.731,
subdivision 2, who receives, possesses, transfers, buys, or conceals any
stolen property or property obtained by robbery, knowing or having reason to
know the property was stolen or obtained by robbery, may be sentenced as
follows:
(1) if the value of the
property received, bought, or concealed is $1,000 or more, to imprisonment for
not more than ten years or to payment of a fine of not more than $50,000, or
both;
(2) if the value of the
property received, bought, or concealed is less than $1,000 but more than $300
$500, to imprisonment for not more than five three years or
to payment of a fine of not more than $40,000 $25,000, or both;
(3) if the value of the
property received, bought, or concealed is $300 $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both.
Any person convicted of
violating this section a second or subsequent time within a period of one year
may be sentenced as provided in clause (1).
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 5. Government building. "Government building"
means a building that is owned, leased, controlled, or operated by a
governmental entity for a governmental purpose.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 6. Religious establishment. "Religious
establishment" means a building used for worship services by a religious
organization and clearly identified as such by a posted sign or other means.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 13. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 7. School building. "School building" means a
public or private preschool, elementary school, middle school, secondary
school, or postsecondary school building.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 14. Minnesota Statutes
2006, section 609.581, is amended by adding a subdivision to read:
Subd. 8. Historic property. "Historic property" means
any property identified as a historic site or historic place by sections
138.661 to 138.664 and clearly identified as such by a posted sign or other
means.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 15. Minnesota Statutes
2006, section 609.582, subdivision 2, is amended to read:
Subd. 2. Burglary in the second degree. (a) Whoever
enters a building without consent and with intent to commit a crime, or enters a
building without consent and commits a crime while in the building, either
directly or as an accomplice, commits burglary in the second degree and may be
sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both, if:
(a) (1) the building is a dwelling;
(b) (2) the portion of the building
entered contains a banking business or other business of receiving securities
or other valuable papers for deposit or safekeeping and the entry is with force
or threat of force;
(c) (3) the portion of the building
entered contains a pharmacy or other lawful business or practice in which
controlled substances are routinely held or stored, and the entry is forcible;
or
(d) (4) when entering or while in
the building, the burglar possesses a tool to gain access to money or property.
(b) Whoever enters a
government building, religious establishment, historic property, or school
building without consent and with intent to commit a crime under section 609.52
or 609.595, or enters a government building, religious establishment, historic
property, or school building without consent and commits a crime under section
609.52 or 609.595 while in the building, either directly or as an accomplice,
commits burglary in the second degree and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or
both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 16. [609.593]
DAMAGE OR THEFT TO ENERGY TRANSMISSION OR TELECOMMUNICATIONS EQUIPMENT.
Subdivision 1. Crime. Whoever intentionally and without consent from one
authorized to give consent causes any damage or takes, removes, severs, or
breaks:
(1) any line erected or
maintained for the purpose of transmitting electricity for light, heat, or
power, or any insulator or cross-arm, appurtenance or apparatus connected to
the line, or any wire, cable, or current of the line;
(2) any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the purpose of
transporting, conveying, or distributing gas or other hazardous liquids for
light, heat, power, or any other purpose, or any part of the pipe, main, or
pipeline, or any valve, meter, holder, compressor, machinery, appurtenance,
equipment, or apparatus connected with any main or pipeline; or
(3) any machinery,
equipment, or fixtures used in receiving, initiating, amplifying, processing,
transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers,
routers, repeaters, multiplexers, and other items performing comparable
functions; and machinery, equipment, and fixtures used in the transportation of
telecommunications services, radio transmitters and receivers, satellite
equipment, microwave equipment, and other transporting media including wire,
cable, fiber, poles, and conduit;
is guilty of a crime and may
be sentenced as provided in subdivision 2.
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Subd. 2. Penalty. Whoever violates subdivision 1 is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 17. Minnesota Statutes
2006, section 609.595, subdivision 1, is amended to read:
Subdivision 1. Criminal damage to property in the first
degree. Whoever intentionally causes damage to physical property of another
without the latter's consent may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the
property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged
belongs to a common carrier and the damage impairs the service to the public
rendered by the carrier; or
(3) the damage reduces the
value of the property by more than $500 $1,000 measured by the
cost of repair and replacement; or
(4) the damage reduces the
value of the property by more than $250 $500 measured by the cost
of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.
In any prosecution under
clause (3), the value of any property damaged by the defendant in violation of
that clause within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 18. Minnesota Statutes
2006, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal damage to property in the third
degree. (a) Except as otherwise provided in subdivision 1a, whoever
intentionally causes damage to another person's physical property without the other
person's consent may be sentenced to imprisonment for not more than one year or
to payment of a fine of not more than $3,000, or both, if the damage reduces
the value of the property by more than $250 $500 but not more
than $500 $1,000 as measured by the cost of repair and
replacement.
(b) Whoever intentionally
causes damage to another person's physical property without the other person's
consent because of the property owner's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if the
damage reduces the value of the property by not more than $250 $500.
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(c) In any prosecution under
paragraph (a), the value of property damaged by the defendant in violation of
that paragraph within any six-month period may be aggregated and the defendant
charged accordingly in applying this section. When two or more offenses are
committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of
the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 19. REPEALER.
Minnesota Statutes 2006,
section 609.805, is repealed.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 3
DWI AND DRIVING RELATED
PROVISIONS
Section 1. Minnesota
Statutes 2006, section 169A.275, is amended by adding a subdivision to read:
Subd. 7. Exception. (a) A judge is not required to sentence a person
as provided in this section if the judge requires the person as a condition of
probation to drive only motor vehicles equipped with an ignition interlock
device meeting the standards described in section 171.306.
(b) This subdivision expires
July 1, 2009.
EFFECTIVE DATE. This section is
effective July 1, 2007, and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes
2006, section 169A.51, subdivision 7, is amended to read:
Subd. 7. Requirements for conducting tests; liability.
(a) Only a physician, medical technician, emergency medical
technician-paramedic, registered nurse, medical technologist, medical
laboratory technician, phlebotomist, or laboratory assistant acting at
the request of a peace officer may withdraw blood for the purpose of
determining the presence of alcohol, a controlled substance or its metabolite,
or a hazardous substance. This limitation does not apply to the taking of a
breath or urine sample.
(b) The person tested has
the right to have someone of the person's own choosing administer a chemical
test or tests in addition to any administered at the direction of a peace
officer; provided, that the additional test sample on behalf of the person is
obtained at the place where the person is in custody, after the test
administered at the direction of a peace officer, and at no expense to the
state. The failure or inability to obtain an additional test or tests by a
person does not preclude the admission in evidence of the test taken at the
direction of a peace officer unless the additional test was prevented or denied
by the peace officer.
(c) The physician, medical
technician, emergency medical technician-paramedic, medical technologist,
medical laboratory technician, laboratory assistant, phlebotomist, or registered
nurse drawing blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, a controlled substance or its
metabolite, or a hazardous substance is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person
administering a breath test must be fully trained in the administration of
breath tests pursuant to training given by the commissioner of public safety.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to crimes committed on
or after that date.
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Sec. 3. Minnesota Statutes
2006, section 171.12, is amended by adding a subdivision to read:
Subd. 9. Driving record disclosure to law enforcement. The
commissioner shall also furnish driving records, without charge, to chiefs of
police, county sheriffs, prosecuting attorneys, and other law enforcement
agencies with the power to arrest.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 171.305, is amended by adding a subdivision to read:
Subd. 11. Program standards. The program standards applicable to
section 171.306 also apply to this section.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 5. [171.306] IGNITION INTERLOCK DEVICE PILOT PROJECT.
Subdivision 1. Pilot project established; reports. The commissioner
shall conduct a two-year ignition interlock device pilot project as provided in
this section. The commissioner shall select one metropolitan county and one
rural county to participate in the pilot project. The pilot project must begin
on July 1, 2007, and continue until June 30, 2009. The commissioner shall submit
two preliminary reports by February 1, 2008, and by December 1, 2008, and a
final report by September 1, 2009, to the chairs and ranking minority members
of the senate and house of representatives committees having jurisdiction over
criminal justice policy and funding. The reports must evaluate the successes
and failures of the pilot project, provide information on participation rates,
and make recommendations on continuing the project.
Subd. 2. Performance standards; certification. The commissioner
shall determine appropriate performance standards and a certification process
for ignition interlock devices for the pilot project. Only devices certified by
the commissioner as meeting the performance standards may be used in the pilot
project.
Subd. 3. Pilot project components. (a) Under the pilot project,
the commissioner shall issue a driver's license to an individual whose driver's
license has been revoked under chapter 169A for a repeat impaired driving
incident if the person qualifies under this section and agrees to all of the
conditions of the project.
(b) The commissioner must
denote the person's driver's license record to indicate the person's
participation in the program. The license must authorize the person to drive
only vehicles having functioning ignition interlock devices conforming with the
requirements of subdivision 2.
(c) Notwithstanding any
statute or rule to the contrary, the commissioner has authority to and shall
determine the appropriate period for which a person participating in the ignition
interlock pilot program shall be subject to this program, and when the person
is eligible to be issued:
(1) a limited driver's
license subject to the ignition interlock restriction;
(2) full driving privileges
subject to the ignition interlock restriction; and
(3) a driver's license
without an ignition interlock restriction.
(d) A person participating
in this pilot project shall agree to participate in any treatment recommended
by a chemical use assessment.
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(e) The commissioner shall
determine guidelines for participation in the project. A person participating
in the project shall sign a written agreement accepting these guidelines and
agreeing to comply with them.
(f) It is a misdemeanor for
a person who is licensed under this section for driving a vehicle equipped with
an ignition interlock device to drive, operate, or be in physical control of a
motor vehicle other than a vehicle properly equipped with an ignition interlock
device.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes
2006, section 171.55, is amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
The commissioner shall give
the same effect for driver licensing purposes to conduct reported from a
licensing authority or court in another state or province or territory of
Canada that the commissioner would give to conduct reported from a court or
other agency of this state, whether or not the other state or province or
territory of Canada is a party to the Driver License Compact in section
171.50. The conduct to be given effect by the commissioner includes a report of
conviction for an offense enumerated in section 171.50, article IV, or an
offense described in sections 171.17 and 171.18.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 7. Minnesota Statutes
2006, section 609.21, subdivision 1, is amended to read:
Subdivision 1. Criminal vehicular homicide or
operation; crime described. A person is guilty of criminal vehicular
homicide resulting in death and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both
or operation and may be sentenced as provided in subdivision 1a, if the
person causes injury to or the death of a human being not
constituting murder or manslaughter another as a result of operating
a motor vehicle:
(1) in a grossly negligent
manner;
(2) in a negligent manner
while under the influence of:
(i) alcohol;
(ii) a controlled substance;
or
(iii) any combination of
those elements;
(3) while having an alcohol
concentration of 0.08 or more;
(4) while having an alcohol
concentration of 0.08 or more, as measured within two hours of the time of
driving;
(5) in a negligent manner
while knowingly under the influence of a hazardous substance;
(6) in a negligent manner
while any amount of a controlled substance listed in schedule I or II, or
its metabolite, other than marijuana or tetrahydrocannabinols, is present
in the person's body; or
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(7) where the driver who
causes the accident leaves the scene of the accident in violation of section
169.09, subdivision 1 or 6.; or
(8) where the driver had
actual knowledge that a peace officer had previously issued a citation or
warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to
know that the defect created a present danger to others, and the injury or
death was caused by the defective maintenance.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 8. Minnesota Statutes
2006, section 609.21, is amended by adding a subdivision to read:
Subd. 1a. Criminal penalties. (a) A person who violates subdivision
1 and causes the death of a human being not constituting murder or manslaughter
or the death of an unborn child may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who violates
subdivision 1 and causes great bodily harm to another not constituting
attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
(c) A person who violates
subdivision 1 and causes substantial bodily harm to another may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $10,000, or both.
(d) A person who violates
subdivision 1 and causes bodily harm to another may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 9. Minnesota Statutes
2006, section 609.21, is amended by adding a subdivision to read:
Subd. 1b. Conviction not bar to punishment for other crimes. A
prosecution for or a conviction of a crime under this section relating to
causing death or injury to an unborn child is not a bar to conviction of or
punishment for any other crime committed by the defendant as part of the same
conduct.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota Statutes
2006, section 609.21, subdivision 4a, is amended to read:
Subd. 4a. Affirmative defense. It shall be an
affirmative defense to a charge under subdivision 1, clause (6); 2, clause
(6); 2a, clause (6); 2b, clause (6); 3, clause (6); or 4, clause (6), that
the defendant used the controlled substance according to the terms of a
prescription issued for the defendant in accordance with sections 152.11 and
152.12.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
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Sec. 11. Minnesota Statutes
2006, section 609.21, subdivision 5, is amended to read:
Subd. 5. Definitions. For purposes of this
section, the terms defined in this subdivision have the meanings given them.
(a) "Motor
vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.
(b) "Controlled
substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous
substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota Statutes
2006, section 634.15, subdivision 1, is amended to read:
Subdivision 1. Certificates of analysis; blood sample
reports; chain of custody. (a) In any hearing or trial of a criminal
offense or petty misdemeanor or proceeding pursuant to section 169A.53,
subdivision 3, the following documents shall be admissible in evidence:
(a) (1) a report of the facts and
results of any laboratory analysis or examination if it is prepared and
attested by the person performing the laboratory analysis or examination in any
laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the
Federal Bureau of Investigation, the federal Postal Inspection Service, the
federal Bureau of Alcohol, Tobacco and Firearms, or the federal Drug
Enforcement Administration;
(b) (2) a report of a blood sample
withdrawn under the implied consent law if:
(i) The report was prepared
by the person who administered the test;
(ii) The person who withdrew
the blood sample was competent to administer the test under section 169A.51,
subdivision 7; and
(iii) The report was prepared
consistent with any applicable rules promulgated by the commissioner of public
safety; and
(c) (3) a verified chain of custody
of a specimen while under the control of a laboratory described in clause (a)
(1).
(b) A report described in paragraph
(a), clause (a) (1), purported to be signed by the person
performing the analysis or examination in a laboratory named in that clause, or
a blood sample report described in paragraph (a), clause (b)
(2), purported to be signed by the person who withdrew the blood sample
shall be admissible as evidence without proof of the seal, signature or
official character of the person whose name is signed to it. The signature in paragraph
(a), clause (a) (1) or (b) (2), can be written
or in electronic format.
(c) At least 20 days before
trial, the prosecutor shall submit to the accused person or the accused
person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
EFFECTIVE DATE. This section is effective
the day following final enactment.
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Sec. 13. Minnesota Statutes
2006, section 634.15, subdivision 2, is amended to read:
Subd. 2. Testimony at trial. (a) Except
in civil proceedings, including proceedings under section 169A.53, an accused
person or the accused person's attorney may request, by notifying the
prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
(a) (1) a person who performed the
laboratory analysis or examination for the report described in subdivision 1, paragraph
(a), clause (a) (1); or
(b) (2) a person who prepared the
blood sample report described in subdivision 1, paragraph (a), clause (b)
(2).
If a petitioner in a
proceeding under section 169A.53 subpoenas a person described in paragraph
(a) clause (1) or (b) (2), to testify at the
proceeding, the petitioner is not required to pay the person witness fees under
section 357.22 in excess of $100.
(b) If the accused person or
the accused person's attorney does not comply with the ten-day requirement
described in paragraph (a), the prosecutor is not required to produce the person
who performed the analysis or examination or prepared the report. In this case,
the accused person's right to confront that witness is waived and the report
shall be admitted into evidence.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 14. REVISOR'S INSTRUCTION.
(a) In Minnesota Statutes,
sections 171.3215, subdivision 2a; and 609.135, subdivision 2, the revisor of
statutes shall change the references in column A to the references in column B.
Column
A Column
B
609.21,
subdivision 1 609.21,
subdivision 1a, paragraph (a)
609.21,
subdivision 2 609.21,
subdivision 1a, paragraph (b)
609.21,
subdivision 2a 609.21,
subdivision 1a, paragraph (c)
609.21,
subdivision 2b 609.21,
subdivision 1a, paragraph (d)
609.21,
subdivision 4 609.21,
subdivision 1a, paragraph (b)
(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor
of statutes shall replace the reference to Minnesota Statutes, section 609.21,
subdivisions 3 and 4, with a reference to Minnesota Statutes, section 609.21,
subdivision 1b.
(c) In Minnesota Statutes, section 609.266, the revisor of statutes
shall replace the reference to Minnesota Statutes, section 609.21, subdivisions
3 and 4, with a reference to Minnesota Statutes, section 609.21, subdivision
1a, paragraphs (a) and (b).
(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and
Minnesota Statutes, section 169A.24, subdivision 1, the revisor of statutes shall
strike the references to Minnesota Statutes, section 609.21, subdivision 2,
clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 2b, clauses
(2) to (6); subdivision 3, clauses (2) to (6); and subdivision 4, clauses (2)
to (6).
EFFECTIVE DATE. This section is
effective August 1, 2007.
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Sec. 15. REPEALER.
Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and
4, are repealed.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies to crimes committed on or after that
date.
ARTICLE 4
CRIME VICTIMS
Section 1. Minnesota Statutes 2006, section 299C.46, is amended by
adding a subdivision to read:
Subd. 6. Orders for protection and no
contact orders. The data communications network must include orders
for protection issued under section 518B.01 and no contact orders issued under
section 629.715, subdivision 4. A no contact order must be accompanied by a
photograph of the offender for the purpose of enforcement of the order, if a
photograph is available and verified by the court to be an image of the
defendant.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 2. Minnesota Statutes 2006, section 363A.06, subdivision 1, is
amended to read:
Subdivision 1. Formulation of
policies. (a) The commissioner shall formulate policies to
effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the
development of human rights policies and programs, and make recommendations to
the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any
other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the
commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the
records of the Department of Employment and Economic Development of the state
when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental
departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair
discriminatory practices, and determine whether or not probable cause exists
for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require
the production for examination of any books or papers relative to any matter
under investigation or in question as the commissioner deems appropriate to
carry out the purposes of this chapter;
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(10) attempt, by means of education, conference, conciliation, and
persuasion to eliminate unfair discriminatory practices as being contrary to the
public policy of the state;
(11) develop and conduct programs of formal and informal education
designed to eliminate discrimination and intergroup conflict by use of
educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the
governor each year;
(13) accept gifts, bequests, grants, or other payments public and
private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of
Human Rights;
(15) develop such programs as will aid in determining the compliance
throughout the state with the provisions of this chapter, and in the furtherance
of such duties, conduct research and study discriminatory practices based upon
race, color, creed, religion, national origin, sex, age, disability, marital
status, status with regard to public assistance, familial status, sexual
orientation, or other factors and develop accurate data on the nature and
extent of discrimination and other matters as they may affect housing,
employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to
the provisions of this chapter, and to agencies and officers of governmental
and private agencies;
(17) provide staff services to such advisory committees as may be
created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made
available for that purpose in aid of carrying out duties and responsibilities;
and
(19) cooperate and consult with the commissioner of labor and industry
regarding the investigation of violations of, and resolution of complaints
regarding section 363A.08, subdivision 7.
In performing these duties, the commissioner shall give priority to
those duties in clauses (8), (9), and (10) and to the duties in section
363A.36.
(b) All gifts, bequests, grants, or other payments, public and private,
accepted under paragraph (a), clause (13), must be deposited in the state
treasury and credited to a special account. Money in the account is
appropriated to the commissioner of human rights to help finance activities of
the department.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. [504B.206] RIGHT OF
VICTIMS OF DOMESTIC ABUSE TO TERMINATE LEASE.
Subdivision 1. Right to terminate;
procedure. (a) A tenant to a residential lease who is a victim of
domestic abuse and fears imminent domestic abuse against the tenant or the
tenant's minor children if the tenant or the tenant's minor children remain in
the leased premises may terminate a lease agreement without penalty or
liability as provided in this section. The tenant must provide advance written
notice to the landlord stating that:
(1) the tenant fears imminent domestic abuse from a person named in an
order for protection or no contact order;
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(2) the tenant needs to terminate the tenancy; and
(3) the specific date the tenancy will terminate.
(b) The written notice must be delivered before the termination of the tenancy
by mail, fax, or in person, and be accompanied by the order for protection or
no contact order.
(c) For purposes of this section, an order for protection means an
order issued under chapter 518B. A no contact order means a no contact order
currently in effect, issued under section 518B.01, subdivision 22, or chapter
609.
Subd. 2. Treatment of information.
A landlord must not disclose information provided to the landlord by a
tenant documenting domestic abuse under subdivision 1. The information must not
be entered into any shared database or provided to any person or entity but may
be used when required as evidence in an eviction proceeding, action for unpaid
rent or damages arising out of the tenancy, claims under section 504B.178, with
the consent of the tenant, or as otherwise required by law.
Subd. 3. Liability for rent;
termination of tenancy. (a) A tenant terminating a lease under
subdivision 1 is responsible for the rent payment for the full month in which
the tenancy terminates and an additional amount equal to one month's rent. The
tenant is relieved of any other contractual obligation for payment of rent or
any other charges for the remaining term of the lease, except as provided in
this section.
(b) This section does not affect a tenant's liability for delinquent,
unpaid rent or other amounts owed to the landlord before the lease was
terminated by the tenant under this section.
(c) The tenancy terminates, including the right of possession of the
premises, on the termination date stated in the notice under subdivision 1. The
amount equal to one month's rent must be paid on or before the termination of
the tenancy for the tenant to be relieved of the contractual obligations for
the remaining term of the lease as provided in this section.
(d) For purposes of this section, the provisions of section 504B.178
are triggered as follows:
(1) if the only tenant is the tenant who is the victim of domestic
abuse and the tenant's minor children, if any, upon the first day of the month
following the later of:
(i) the date the tenant vacates the premises; or
(ii) the termination of the tenancy indicated in the written notice
under subdivision 1; or
(2) if there are additional tenants bound by the lease, upon the
expiration of the lease.
Subd. 4. Multiple tenants. Notwithstanding
the release of a tenant from a lease agreement under this section, if there are
any remaining tenants the tenancy continues for those remaining tenants.
Subd. 5. Waiver prohibited. A
residential tenant may not waive, and a landlord may not require the
residential tenant to waive, the tenant's rights under this section.
Subd. 6. Definition. For
purposes of this section, "domestic abuse" has the meaning given in
section 518B.01, subdivision 2.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 4. Minnesota Statutes 2006, section 595.02, subdivision 1, is
amended to read:
Subdivision 1. Competency of
witnesses. Every person of sufficient understanding, including a party, may
testify in any action or proceeding, civil or criminal, in court or before any
person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her
consent, nor a wife for or against her husband without his consent, nor can
either, during the marriage or afterwards, without the consent of the other, be
examined as to any communication made by one to the other during the marriage.
This exception does not apply to a civil action or proceeding by one against
the other, nor to a criminal action or proceeding for a crime committed by one
against the other or against a child of either or against a child under the care
of either spouse, nor to a criminal action or proceeding in which one is
charged with homicide or an attempt to commit homicide and the date of the
marriage of the defendant is subsequent to the date of the offense, nor to an
action or proceeding for nonsupport, neglect, dependency, or termination of
parental rights.
(b) An attorney cannot, without the consent of the attorney's client,
be examined as to any communication made by the client to the attorney or the
attorney's advice given thereon in the course of professional duty; nor can any
employee of the attorney be examined as to the communication or advice, without
the client's consent.
(c) A member of the clergy or other minister of any religion shall not,
without the consent of the party making the confession, be allowed to disclose
a confession made to the member of the clergy or other minister in a
professional character, in the course of discipline enjoined by the rules or
practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any
religion be examined as to any communication made to the member of the clergy
or other minister by any person seeking religious or spiritual advice, aid, or
comfort or advice given thereon in the course of the member of the clergy's or
other minister's professional character, without the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall
not, without the consent of the patient, be allowed to disclose any information
or any opinion based thereon which the professional acquired in attending the
patient in a professional capacity, and which was necessary to enable the
professional to act in that capacity; after the decease of the patient, in an
action to recover insurance benefits, where the insurance has been in existence
two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this
privilege, and no oral or written waiver of the privilege shall have any
binding force or effect except when made upon the trial or examination where
the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications
made to the officer in official confidence when the public interest would
suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of
their production for examination are not competent witnesses if they lack
capacity to remember or to relate truthfully facts respecting which they are
examined.
(g) A registered nurse, psychologist, consulting psychologist, or
licensed social worker engaged in a psychological or social assessment or
treatment of an individual at the individual's request shall not, without the
consent of the professional's client, be allowed to disclose any information or
opinion based thereon which the professional has acquired in attending the
client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and
626.557.
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(h) An interpreter for a person disabled in communication shall not,
without the consent of the person, be allowed to disclose any communication if
the communication would, if the interpreter were not present, be privileged.
For purposes of this section, a "person disabled in communication" means
a person who, because of a hearing, speech or other communication disorder, or
because of the inability to speak or comprehend the English language, is unable
to understand the proceedings in which the person is required to participate.
The presence of an interpreter as an aid to communication does not destroy an
otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose
information or an opinion based on the information which they acquire from
persons consulting them in their professional capacities, and which was
necessary to enable them to act in that capacity, except that they may do so:
(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in
clear and imminent danger to the client or others;
(2) when the communications reveal the contemplation or ongoing
commission of a crime; or
(3) when the consulting person waives the privilege by bringing suit or
filing charges against the licensed professional whom that person consulted.
(j) A parent or the parent's minor child may not be examined as to any
communication made in confidence by the minor to the minor's parent. A
communication is confidential if made out of the presence of persons not
members of the child's immediate family living in the same household. This
exception may be waived by express consent to disclosure by a parent entitled
to claim the privilege or by the child who made the communication or by failure
of the child or parent to object when the contents of a communication are
demanded. This exception does not apply to a civil action or proceeding by one
spouse against the other or by a parent or child against the other, nor to a
proceeding to commit either the child or parent to whom the communication was
made or to place the person or property or either under the control of another
because of an alleged mental or physical condition, nor to a criminal action or
proceeding in which the parent is charged with a crime committed against the
person or property of the communicating child, the parent's spouse, or a child
of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of
a parent or a child of a parent, nor to an action or proceeding for termination
of parental rights, nor any other action or proceeding on a petition alleging
child abuse, child neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to testify about
allowed to disclose any opinion or information received from or about the
victim without the consent of the victim. However, a counselor may be compelled
to identify or disclose information in investigations or proceedings related to
neglect or termination of parental rights if the court determines good cause
exists. In determining whether to compel disclosure, the court shall weigh the
public interest and need for disclosure against the effect on the victim, the
treatment relationship, and the treatment services if disclosure occurs.
Nothing in this clause exempts sexual assault counselors from compliance with
the provisions of sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section
means a person who has undergone at least 40 hours of crisis counseling
training and works under the direction of a supervisor in a crisis center,
whose primary purpose is to render advice, counseling, or assistance to victims
of sexual assault.
(l) A person cannot be examined as to any communication or document,
including worknotes, made or used in the course of or because of mediation
pursuant to an agreement to mediate. This does not apply to the parties in the
dispute in an application to a court by a party to have a mediated settlement
agreement set aside or reformed. A communication or document otherwise not
privileged does not become privileged because of this paragraph. This paragraph
is not intended to limit the privilege accorded to communication during
mediation by the common law.
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(m) A child under ten years
of age is a competent witness unless the court finds that the child lacks the
capacity to remember or to relate truthfully facts respecting which the child
is examined. A child describing any act or event may use language appropriate
for a child of that age.
(n) A communication
assistant for a telecommunications relay system for communication-impaired
persons shall not, without the consent of the person making the communication,
be allowed to disclose communications made to the communication assistant for
the purpose of relaying.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 5. Minnesota Statutes
2006, section 611A.036, subdivision 2, is amended to read:
Subd. 2. Victim's spouse or next of kin
immediate family members. An employer must allow a victim of a heinous
violent crime, as well as the victim's spouse or next of kin immediate
family members, reasonable time off from work to attend criminal
proceedings related to the victim's case.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 6. Minnesota Statutes
2006, section 611A.036, subdivision 7, is amended to read:
Subd. 7. Definition. As used in this section, "heinous
crime" "violent crime" means a violation or
attempt to violate any of the following: section 609.185 (murder in the
first degree); 609.19 (murder in the second degree); 609.195 (murder in the
third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter
in the second degree); 609.21 (criminal vehicular homicide and injury); 609.221
(assault in the first degree); 609.222 (assault in the second degree); 609.223
(assault in the third degree); 609.2231 (assault in the fourth degree);
609.2241 (knowing transfer of communicable disease); 609.2242 (domestic
assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by
strangulation); 609.228 (great bodily harm caused by distribution of drugs);
609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents
or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245
(aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment);
609.265 (abduction); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of
an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second
degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.2672 (assault of an
unborn child in the third degree); 609.268 (injury or death of an unborn child
in commission of a crime); 609.282 (labor trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the
second degree); 609.344 (criminal sexual conduct in the third degree); 609.345
(criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual
conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct);
609.352 (solicitation of children to engage in sexual conduct); 609.377
(malicious punishment of a child); 609.378 (neglect or endangerment of a
child); 609.561, subdivision 1, (arson in the first degree; dwelling); 609.582,
subdivision 1, paragraph (a) or (c), (burglary in the first degree; occupied
dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b),
(drive-by shooting; firing at or toward a person, or an occupied building or
motor vehicle).
(1) a violation or attempted
violation of section 609.185 or 609.19;
(2) a violation of section
609.195 or 609.221; or
(3) a violation of section
609.342, 609.343, or 609.344, if the offense was committed with force or
violence or if the complainant was a minor at the time of the offense.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 7. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT
COMPLAINTS; LIMITATIONS.
Subdivision 1. Polygraph prohibition. No law enforcement agency or
prosecutor shall require that a complainant of a criminal sexual conduct
offense submit to a polygraph examination as part of or a condition to
proceeding with the investigation, charging, or prosecution of such offense.
Subd. 2. Law enforcement inquiry. A law enforcement agency or
prosecutor may not ask that a complainant of a criminal sexual conduct offense
submit to a polygraph examination as part of the investigation, charging, or
prosecution of such offense unless the complainant has been referred to, and
had the opportunity to exercise the option of consulting with a sexual assault
counselor as defined in section 595.02, subdivision 1, paragraph (k).
Subd. 3. Informed consent requirement. At the request of the complainant,
a law enforcement agency may conduct a polygraph examination of the complainant
only with the complainant's written, informed consent as provided in this
subdivision.
Subd. 4. Informed consent. To consent to a polygraph, a
complainant must be informed in writing that:
(1) the taking of the
polygraph examination is voluntary and solely at the victim's request;
(2) a law enforcement agency
or prosecutor may not ask or require that the complainant submit to a polygraph
examination;
(3) the results of the
examination are not admissible in court; and
(4) the complainant's
refusal to take a polygraph examination may not be used as a basis by the law
enforcement agency or prosecutor not to investigate, charge, or prosecute the
offender.
Subd. 5. Polygraph refusal. A complainant's refusal to submit to a
polygraph examination shall not prevent the investigation, charging, or
prosecution of the offense.
Subd. 6. Definitions. For the purposes of this section, the
following terms have the meanings given.
(a) "Criminal sexual
conduct" means a violation of section 609.342, 609.343, 609.344, 609.345,
or 609.3451.
(b) "Complainant"
means a person reporting to have been subjected to criminal sexual conduct.
(c) "Polygraph
examination" means any mechanical or electrical instrument or device of
any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Sec. 8. Minnesota Statutes
2006, section 611A.675, subdivision 1, is amended to read:
Subdivision 1. Grants authorized. The Crime Victim
and Witness Advisory Council commissioner of public safety shall
make grants to prosecutors and victim assistance programs for the purpose of
providing emergency assistance to victims. As used in this section,
"emergency assistance" includes but is not limited to:
(1) replacement of necessary
property that was lost, damaged, or stolen as a result of the crime;
(2) purchase and
installation of necessary home security devices;
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(3) transportation to locations related to the victim's needs as a
victim, such as medical facilities and facilities of the criminal justice
system;
(4) cleanup of the crime scene; and
(5) reimbursement for reasonable travel and living expenses the victim
incurred to attend court proceedings that were held at a location other than
the place where the crime occurred due to a change of venue; and
(6) reimbursement of towing and storage fees incurred due to
impoundment of a recovered stolen vehicle.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 611A.675, subdivision 2, is
amended to read:
Subd. 2. Application for grants.
(a) A city or county attorney's office or victim assistance program may
apply to the council commissioner of public safety for a grant
for any of the purposes described in subdivision 1 or for any other emergency
assistance purpose approved by the council commissioner. The
application must be on forms and pursuant to procedures developed by the council
commissioner. The application must describe the type or types of intended
emergency assistance, estimate the amount of money required, and include any
other information deemed necessary by the council commissioner.
(b) A city or county attorney's office or victim assistance program
that applies for a grant for the purpose described in subdivision 1, clause
(6), must make the application on a separate form and pursuant to procedures
developed by the commissioner. The application must estimate the amount of
money required for reimbursement costs, estimate the amount of money required
for administrative costs, and include any other information deemed necessary by
the commissioner. An applicant may not spend in any fiscal year more than five
percent of the grant awarded for administrative costs.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 10. Minnesota Statutes 2006, section 611A.675, is amended by
adding a subdivision to read:
Subd. 2a. Awards; limitations.
(a) No award may be granted under subdivision 1, clause (6), to a victim
that fails to provide proof of insurance stating that security had been
provided for the vehicle at the time the vehicle was stolen. As used in this
paragraph, "proof of insurance" has the meaning given it in section
169.791, subdivision 1, paragraph (g).
(b) An award paid to a victim under subdivision 1, clause (6), shall
compensate the victim for actual costs incurred but shall not exceed $300.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 11. Minnesota Statutes 2006, section 611A.675, subdivision 3, is
amended to read:
Subd. 3. Reporting by local
agencies required. A city or county attorney's office or victim assistance
program that receives a grant under this section shall file an annual report
with the council commissioner of public safety itemizing the
expenditures made during the preceding year, the purpose of those expenditures,
and the ultimate disposition, if any, of each assisted victim's criminal case.
EFFECTIVE DATE. This section is
effective July 1, 2007.
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Sec. 12. Minnesota Statutes 2006, section 611A.675, subdivision 4, is
amended to read:
Subd. 4. Report to legislature.
On or before February 1, 1999, the council shall report to the chairs of the
senate Crime Prevention and house of representatives Judiciary Committees on
the implementation, use, and administration of the grant program created under
this section. By February 1, 2008, the commissioner of public safety
shall report to the chairs and ranking members of the senate and house
committees and divisions having jurisdiction over criminal justice policy and
funding on the implementation, use, and administration of the grant programs
created under this section.
EFFECTIVE DATE. This section is
effective July 1, 2007.
ARTICLE 5
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota Statutes 2006, section 2.722, subdivision 1, is
amended to read:
Subdivision 1. Description.
Effective July 1, 1959, the state is divided into ten judicial districts
composed of the following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 33
36 judges; and four permanent chambers shall be maintained in Red Wing,
Hastings, Shakopee, and Glencoe and one other shall be maintained at the place
designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca,
Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be
maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln,
Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16
judges; and permanent chambers shall be maintained in Marshall, Windom,
Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd,
Clay, Becker, and Wadena; 27 28 judges; and permanent chambers
shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow
Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and
permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen,
Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods,
Clearwater, Cass and Koochiching; 22 23 judges; and permanent
chambers shall be maintained in Crookston, Thief River Falls, Bemidji,
Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and
Washington; 43 45 judges; and permanent chambers shall be
maintained in Anoka, Stillwater, and other places designated by the chief judge
of the district.
EFFECTIVE DATE. This section is
effective January 1, 2008.
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Sec. 2. Minnesota Statutes
2006, section 3.732, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section
and section 3.736 the terms defined in this section have the meanings given
them.
(1) "State"
includes each of the departments, boards, agencies, commissions, courts, and
officers in the executive, legislative, and judicial branches of the state of
Minnesota and includes but is not limited to the Housing Finance Agency, the
Minnesota Office of Higher Education, the Higher Education Facilities
Authority, the Health Technology Advisory Committee, the Armory Building
Commission, the Zoological Board, the Iron Range Resources and Rehabilitation
Board, the State Agricultural Society, the University of Minnesota, the
Minnesota State Colleges and Universities, state hospitals, and state penal
institutions. It does not include a city, town, county, school district, or
other local governmental body corporate and politic.
(2) "Employee of the
state" means all present or former officers, members, directors, or
employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed
by a municipality defined in section 466.01 when engaged in the disposal or
neutralization of bombs or other similar hazardous explosives, as defined in
section 299C.063, outside the jurisdiction of the municipality but within the
state, or persons acting on behalf of the state in an official capacity,
temporarily or permanently, with or without compensation. It does not include
either an independent contractor except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment, or
members of the Minnesota National Guard while engaged in training or duty under
United States Code, title 10, or title 32, section 316, 502, 503, 504, or 505,
as amended through December 31, 1983. Notwithstanding sections 43A.02 and 611.263,
for purposes of this section and section 3.736 only, "employee of the
state" includes a district public defender or assistant district public
defender in the Second or Fourth Judicial District and a member of the Health
Technology Advisory Committee.
(3) "Scope of office or
employment" means that the employee was acting on behalf of the state in
the performance of duties or tasks lawfully assigned by competent authority.
(4) "Judicial
branch" has the meaning given in section 43A.02, subdivision 25.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 3. Minnesota Statutes
2006, section 3.736, subdivision 1, is amended to read:
Subdivision 1. General rule. The state will pay
compensation for injury to or loss of property or personal injury or death
caused by an act or omission of an employee of the state while acting within
the scope of office or employment or a peace officer who is not acting on
behalf of a private employer and who is acting in good faith under section 629.40,
subdivision 4, under circumstances where the state, if a private person, would
be liable to the claimant, whether arising out of a governmental or proprietary
function. Nothing in this section waives the defense of judicial,
quasi-judicial, or legislative immunity except to the extent provided in
subdivision 8.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 15A.083, subdivision 4, is amended to read:
Subd. 4. Ranges for other
judicial positions. Salaries or salary ranges are provided for the
following positions in the judicial branch of government. The appointing
authority of any position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering the
qualifications and overall performance of the employee. The Supreme Court
shall set the salary of the state court administrator and the salaries of
district court administrators. The salary of the state court administrator or a
district court administrator
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may not exceed the salary of
a district court judge. If district court administrators die, the amounts of their unpaid
salaries for the months in which their deaths occur must be paid to their
estates. The salary of the state public defender shall be fixed by the State
Board of Public Defense but must not exceed the salary of a district court
judge.