STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
SIXTY-SIXTH DAY
Saint Paul, Minnesota, Thursday, February 18,
2010
The House of Representatives convened at 11:00
a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
Prayer was offered by the Reverend Dennis
J. Johnson, House Chaplain.
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, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
Kahn was excused until 12:45 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Pelowski
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF
CHIEF CLERK
S. F. No. 2251 and
H. F. No. 2552, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION OF RULES
Simon moved that the rules be so far
suspended that S. F. No. 2251 be substituted for
H. F. No. 2552 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Pelowski from the Committee on State
and Local Government Operations Reform, Technology and Elections to which was
referred:
H. F. No. 653, A bill for an act
relating to elections; changing certain municipal precinct and ward boundary
procedures and requirements; amending Minnesota Statutes 2008, sections
204B.135, subdivisions 1, 3; 204B.14, subdivisions 3, 4; 205.84, subdivisions
1, 2.
Reported the same back with the
following amendments:
Page 1, line 14, delete "if
the legislature"
Page 1, line 15, delete "has
not been redistricted by June 1 of that year,"
Page 2, line 34, delete "14
days" and insert "four weeks"
Page 3, line 10, delete "60"
and strike "days" and insert "ten weeks"
Page 3, line 13, delete "42"
and insert "56"
Page 4, delete line 15
Page 4, delete line 17 and insert
"This act is effective the day following final enactment."
With the recommendation that when so
amended the bill pass.
The
report was adopted.
Mariani from
the Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 664,
A bill for an act relating to education; creating model curriculum for mental
health; proposing coding for new law in Minnesota Statutes, chapter 120B.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [120B.21]
MENTAL HEALTH EDUCATION.
The
legislature encourages districts to provide instruction in mental health for students
in grades 7 through 12. Instruction must
be aligned with local health and physical education standards and integrated
into a district's existing programs, curriculum, or the general school
environment. The commissioner of
education, in consultation with mental health organizations, shall provide
assistance to districts including:
(1)
age-appropriate model learning activities for grades 7 through 12 that address
mental health components of the National Health Education Standards and the
benchmarks developed by the department's quality teaching network in health and
physical education, and best practices in mental health education; and
(2) a
directory of resources for planning and implementing age-appropriate mental
health curriculum and instruction in grades 7 through 12."
With the
recommendation that when so amended the bill pass and be re-referred to the Committee
on Finance.
The
report was adopted.
Pelowski from the Committee on State
and Local Government Operations Reform, Technology and Elections to which was
referred:
H. F. No. 910, A bill for an act
relating to notaries public; modifying fees; regulating commissions and
notarial stamps and seals; providing clarifications; providing for the
accommodations of physical limitations; amending Minnesota Statutes 2008,
sections 357.021, subdivision 2; 358.15; 358.47; 359.01, subdivisions 2, 3, 4;
359.02; 359.03, subdivisions 1, 3, 4; 359.061; 359.12; proposing coding for new
law in Minnesota Statutes, chapters 357; 359; repealing Minnesota Statutes
2008, sections 357.17; 359.05.
Reported the same back with the
following amendments:
Delete everything after the enacting
clause and insert:
"Section 1. Minnesota Statutes 2009 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. Fee
amounts. The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or
proceeding in said court, including any case arising under the tax laws of the
state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that
party in said action, a fee of $310, except in marriage dissolution actions the
fee is $340.
The defendant or other adverse or
intervening party, or any one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall pay, when the
first paper is filed for that party in said action, a fee of $310, except in
marriage dissolution actions the fee is $340.
The party requesting a trial by jury
shall pay $100.
The fees above stated shall be the
full trial fee chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without trial, and shall
include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E,
except the provisions therein as to appeals.
(2) Certified copy of any instrument
from a civil or criminal proceeding, $14, and $8 for an uncertified copy.
(3) Issuing a subpoena, $16 for each
name.
(4) Filing a motion or response to a
motion in civil, family, excluding child support, and guardianship
cases, $100.
(5) Issuing an execution and filing
the return thereof; issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not specifically mentioned,
$55.
(6) Issuing a transcript of judgment,
or for filing and docketing a transcript of judgment from another court, $40.
(7) Filing and entering a satisfaction
of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or
nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or
recording basic science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial,
final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $100,
of which, notwithstanding subdivision 1a, paragraph (b), $80 must be forwarded
to the commissioner of management and budget to be deposited in the state
treasury and credited to the general fund $20.
(13) Filing a motion or response to a
motion for modification of child support, a fee of $100.
(14) All other services required by
law for which no fee is provided, such fee as compares favorably with those
herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing
fees under this chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each adoption petition
filed in district court to fund the fathers' adoption registry under section
259.52.
The fees in clauses (3) and (5) need
not be paid by a public authority or the party the public authority represents.
Sec. 2. Minnesota Statutes 2008, section 358.028, is
amended to read:
358.028 LEGISLATORS, OFFICIAL SEALS.
Every member of the legislature, while
in office and residing in the district from which elected, may have an official
seal notarial stamp, in the form provided in section 358.03, with
which to authenticate official acts provided for in section 358.15.
Sec. 3. Minnesota Statutes 2008, section 358.09, is
amended to read:
358.09 BY WHOM AND HOW ADMINISTERED.
Any officer authorized by this chapter
to take and certify acknowledgments may administer an oath, and, if the same be
in writing, may certify the same under the officer's signature, and the seal
of office, if there be one an official notarial stamp, in the
following form: "Subscribed and
sworn to before me this ............ day of ................., ....." The
mode of administering an oath commonly practiced in the place where it is taken
shall be followed, including, in this state, the ceremony of uplifting the
hand.
Sec. 4. Minnesota Statutes 2008, section 358.15, is
amended to read:
358.15 EX OFFICIO NOTARY PUBLIC.
The following officers have the
powers of a notary public within the state:
(1) every member of the legislature,
while still a resident in the district from which elected; but no fee or
compensation may be received for exercising these powers. The form of the official signature in these
cases is: "A.B., Representative (or Senator), ....................................... District, Minnesota, ex officio notary
public. My term expires January 1,
.......";
(2) the clerks or recorders of towns,
and cities. The form of the official
signature in these cases is: "A.B.
(official title), ....... County, Minnesota,
ex officio notary public. My term
expires ....... (or where applicable) my term is indeterminate.";
(3) court commissioners, county
recorders, and county auditors, and their several deputies, and county
commissioners, all within their respective counties. The form of the official signature in these
cases: "A.B. (official title),
....... County, Minnesota, ex officio
notary public. My term expires .......
(or where applicable) my term is indeterminate."; and
(4) peace officers licensed under section
626.845 for the purpose of administering oaths upon information submitted to
establish probable cause to any judge or judicial officer under the Rules of
Criminal Procedure. The form of the
official signature in these cases is "A.B., Peace Officer License Number
......., ....... County, Minnesota. My license expires June 30, .......".
An officer using the powers of a
notary public within the state pursuant to clauses (1) to (3) shall obtain an
official stamp as specified under section 359.03, subdivisions 1, 3, and 4,
with which to authenticate official acts.
Sec. 5. Minnesota Statutes 2008, section 358.47, is
amended to read:
358.47 CERTIFICATE OF NOTARIAL ACTS.
(a) A notarial act must be evidenced
by a certificate physically or electronically signed and dated by a notarial
officer in a manner that attributes such signature to the notary public identified
on the commission. The notary's
name as it appears on the official notarial stamp and on any jurat or
certificate of acknowledgment and in the notary's signature must be
identical. The certificate must
include identification of the jurisdiction in which the notarial act is
performed and the title of the office of the notarial officer and may must
include the official notarial stamp or seal of office, or
the notary's electronic seal pursuant to section 359.03. If the officer is a notary public, the
certificate must also indicate the date of expiration, if any, of the
commission of office, but omission of that information may subsequently be
corrected. If the officer is a
commissioned officer on active duty in the military service of the United
States, it must also include the officer's rank.
(b) A certificate of a notarial act
is sufficient if it is in English and meets the requirements of
subsection (a) and it:
(1) is in the short form set forth in
section 358.48;
(2) is in a form otherwise prescribed
by the law of this state;
(3) is in a form prescribed by the
laws or regulations applicable in the place in which the notarial act was
performed; or
(4) sets forth the actions of the
notarial officer and those are sufficient to meet the requirements of the
designated notarial act.
(c) By executing a certificate of a
notarial act, the notarial officer certifies that the officer has made the
determinations required by section 358.42.
Sec. 6. Minnesota Statutes 2008, section 358.48, is
amended to read:
358.48 SHORT FORMS.
The following short form certificates
of notarial acts are sufficient for the purposes indicated, if completed with
the information required by section 358.47, subsection (a):
(1) For an acknowledgment in an
individual capacity;
State
of
County
of
This instrument was acknowledged
before me on ..........(date) by ....................(name(s) of person(s)).
(Signature
of notarial officer)
(Seal, if any Stamp)
....
Title
(and Rank)
My
commission expires: ..
(2) For an acknowledgment in a
representative capacity:
State of
County of
....
This instrument was acknowledged
before me on ..........(date) by ....................(name(s) of person(s)) as
........................................(type of authority, e.g., officer,
trustee, etc.) of .......................
.....................(name of party on behalf of whom the instrument was
executed).
(Signature
of notarial officer)
(Seal, if any Stamp)
...
Title
(and Rank)
My
commission expires: ..
(3) For a verification upon oath or
affirmation:
State of
.
County of
.
Signed and sworn to (or affirmed)
before me on .........(date) by ...................(name(s) of person(s) making
statement).
...
(Signature
of notarial officer)
(Seal, if any Stamp)
....
Title
(and Rank)
My
commission expires: ..
(4) For witnessing or attesting a
signature:
State of
.
County of
.
Signed or attested before me on
..........(date) by ....................(name(s) of person(s)).
...
(Signature
of notarial officer)
(Seal, if any Stamp)
...
Title
(and Rank)
My
commission expires: ..
(5) For attestation of a copy of a
document:
State of
.
County of
.
I certify that this is a true and
correct copy of a document in the possession of .....................................................
.
Dated:
...
...
(Signature
of notarial officer)
(Seal, if any Stamp)
...
Title
(and Rank)
My
commission expires: ..
Sec. 7. Minnesota Statutes 2008,
section 359.01, subdivision 2, is amended to read:
Subd. 2. Nonresident notaries. (a)
The governor, by and with the advice and consent of the senate, may appoint as
notary public a person who is not a resident of this state if:
(1) the person is a resident of Wisconsin, Iowa, North Dakota, or South
Dakota, and of a county that shares a boundary with this state;
(2) the person designates the secretary of state as agent for the service
of process for all purposes relating to notarial acts and for receipt of all
correspondence relating to notarial acts.; and
(3) the person designates the Minnesota county in which the person's
notary commission will be recorded pursuant to section 359.061.
(b) The secretary of state shall receive applications for nonresident
notary appointments and commissions, shall keep a register of those persons
appointed and commissioned as notaries public by the governor with the advice
and consent of the senate, shall update that register when informed of a change
in name and address by a notary public, shall process applications by a notary
public for reappointment, shall receive fees for the performance of these
functions to be deposited into the general fund, and shall perform those
clerical and administrative duties associated with these functions. The governor may also receive such
applications directly.
Sec. 8. Minnesota Statutes 2009
Supplement, section 359.01, subdivision 3, is amended to read:
Subd. 3. Fees. (a) When making
application for a commission the applicant must submit, along with the
information required by the secretary of state, a nonrefundable fee of $40
$120, which shall be forwarded by the secretary of state to the commissioner of
management and budget to be deposited in the state treasury and credited to the
general fund.
(b) Except as otherwise provided in paragraph (a), all fees shall
be retained by the secretary of state and are nonreturnable, except for an
overpayment of a fee.
Sec. 9. Minnesota Statutes 2008,
section 359.02, is amended to read:
359.02 TERM.
A notary commissioned under section 359.01 holds office for five years
until January 31 of the fifth year following the year the commission was issued,
unless sooner removed by the governor or the district court, or by action of
the commissioner of commerce. Within
60 days Six months before the expiration of the commission, a notary
may apply for reappointment renew the notary's commission for a
new term to commence and to be designated in the new commission as beginning
upon the day immediately following the date of the expiration. A notary whose commission expires on
January 1, 2005, may apply for reappointment six months before
after the expiration date. The
reappointment or renewal takes effect and is valid although the
appointing governor may not be in the Office of Governor on the effective day.
All notary commissions expire on January 31 of the fifth year following
the year of issue.
Sec. 10. Minnesota Statutes 2008,
section 359.03, subdivision 1, is amended to read:
Subdivision 1. Requirement. Every notary, including an ex officio
notary under section 358.15, shall get obtain an official seal
notarial stamp as specified in subdivision 3, with which to authenticate
official acts, and upon which shall be engraved the arms of this state, the
words "notarial seal." The seal, with official
notarial stamp, and the notary's official register, is journal,
are the personal property of the notary and are exempt from execution,
and, on death or removal from office, the register must be deposited with the
court administrator of the district court of the notary's county.
Sec. 11. Minnesota Statutes 2008,
section 359.03, subdivision 2, is amended to read:
Subd. 2. Validation and legalization of certain instruments. (a) All instruments heretofore duly
made and executed which have been acknowledged before a notary public as
provided by law, but the seal or stamp used thereon has engraved on it
"notary public," are hereby validated and legalized, and in case such
instruments are recorded, the recording is hereby validated and legalized, and
all such instruments are validated to the same extent as though properly sealed
at the time of their acknowledgment.
This subdivision shall not affect any action now pending in any of the
courts of this state.
(b) The official notarial stamp required by this section, whether applied
to the record physically or electronically, is deemed to be a "seal"
for purposes of the admission of a document in court.
Sec. 12. Minnesota Statutes 2008,
section 359.03, subdivision 3, is amended to read:
Subd. 3. Specifications. The seal
of every notary public may be affixed by a stamp that will print a seal which
legibly reproduces under photographic methods The official notarial
stamp consists of the seal of the state of Minnesota, the name of the
notary or ex officio notary, the words "Notary Public," or
"Notarial Officer" in the case of an ex officio notary, and the
words "My commission expires ............... (or where applicable) My
term is indeterminate," with the expiration date shown thereon or
may be an electronic form on it and must be able to be reproduced in any
legibly reproducible manner. A
physical seal used to authenticate a paper document The official
notarial stamp shall be a rectangular form of not more than three-fourths
of an inch vertically by 2-1/2 inches horizontally, with a serrated or milled
edge border, and shall contain the information required by this subdivision.
Sec. 13. Minnesota Statutes 2008,
section 359.03, subdivision 4, is amended to read:
Subd. 4. Electronic seal Notarial stamp may be affixed electronically. A notary's electronic seal shall contain
the notary's name, jurisdiction, and commission expiration date, and shall be
logically and securely affixed to or associated with the electronic record
being notarized. The information required by this section may be affixed
electronically and shall be logically and securely affixed or associated with
the electronic record being notarized.
Sec. 14. Minnesota Statutes 2008,
section 359.061, is amended to read:
359.061 RECORD OF COMMISSION;
CERTIFICATE.
Subdivision 1. Resident
notaries. The commission of
every notary commissioned under section 359.01 shall be recorded in the
office of the court administrator of the district court of the notary's county
of residence or in the county department to which duties relating to
notaries public have been assigned under section 485.27, in a record kept
for that purpose.
Subd. 2. Nonresident
notaries. The commission of a
nonresident notary must be recorded in the Minnesota county the notary
designates pursuant to section 359.01, subdivision 2, clause (3), in the
office of the court administrator of the district court of the Minnesota
county that borders the county in which the nonresident notary resides
of that county or in the county department to which duties relating to notaries
public have been assigned under section 485.27.
Subd. 3. Certificate
of court administrator. The
court administrator, when requested, shall certify to official acts in the
manner and for the fees prescribed by statute or court rule.
Subd. 4. County
notary certificate. The
county department, to which duties relating to notaries public have been
assigned under section 485.27, shall certify to official acts under this
section for the fee of $5 and in the form of:
State of Minnesota
County
"I the undersigned............., in and for said county and
state, do hereby certify that .., whose name is subscribed to on the
attached document held the office of notary public in said county and state at
the date of said subscription and was authorized under the laws of this state
to take acknowledgments, to administer oaths, take depositions, acknowledgments
of deeds, and other written instruments, and exercise all such powers and
duties authorized by the laws of Minnesota as notary public. I further certify that I have compared the
subscribed signature to the signature on file in this office and believe them
to be the same.
Signed this datein the county of.., state of
Minnesota."
Signature...
Title...
Sec. 15. [359.091] ACCOMMODATION OF PHYSICAL LIMITATIONS.
(a) A notary public may certify as to the subscription or signature of an
individual when it appears that the individual has a physical limitation that
restricts the individual's ability to sign by writing or making a mark,
pursuant to the following:
(1) the name of an individual may be signed, or attached electronically
in the case of an electronic record, by another individual other than the
notary public at the direction and in the presence of the individual whose name
is to be signed and in the presence of the notary public. The signature may be made by a rubber stamp
facsimile of the person's actual signature, mark, or a signature of the
person's name or mark made by another and adopted for all purposes of signature
by the person with a physical limitation; and
(2) the words "Signature written by" or "Signature
attached by" in the case of an electronic record, "(name of
individual directed to sign or directed to attach) at the direction and in the
presence of (name as signed) on whose behalf the signature was written" or
"attached electronically" in the case of an electronic record, or
words of substantially similar effect must appear under or near the signature.
(b) A notary public may use signals or electronic or mechanical means to
take an acknowledgment from, administer an oath or affirmation to, or otherwise
communicate with any individual in the presence of such notary public when it
appears that the individual is unable to communicate verbally or in writing.
Sec. 16. Minnesota Statutes 2008,
section 359.12, is amended to read:
359.12 ADMINISTRATIVE ACTIONS AND
PENALTIES.
Every notary who shall charge or receive a fee or reward for any act or
service done or rendered as a notary greater than the amount allowed by law, or
who dishonestly or unfaithfully discharges duties as notary, or who has pleaded
guilty, with or without explicitly admitting guilt, plead nolo contendere, or
been convicted of a felony, gross misdemeanor, or misdemeanor involving moral
turpitude, is subject to the penalties imposed pursuant to section 45.027,
except that. A notary may be
removed from office only by the governor or, the district court,
or the commissioner of commerce. The
commissioner of commerce has all the powers provided by section 45.027
and shall proceed in the manner provided by that section in actions against
notaries.
Notwithstanding section 359.03, subdivision 1, upon removal from office
by the commissioner of commerce, a notary public shall deliver the notary's
official notarial stamp to the commissioner of commerce.
Sec. 17. REPEALER.
Minnesota Statutes 2008, section 359.05, is repealed."
Delete the title and insert:
"A bill for an act relating to notaries public; modifying fees;
regulating commissions and notarial stamps and seals; providing clarifications;
providing for the accommodations of physical limitations; amending Minnesota
Statutes 2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01,
subdivision 2; 359.02; 359.03,
subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes 2009
Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 359; repealing Minnesota
Statutes 2008, section 359.05."
With the recommendation that when so amended the bill pass and be
re-referred to the Committee on Civil Justice.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 978,
A bill for an act relating to insurance; prohibiting automobile insurers from
owning repair facilities; amending Minnesota Statutes 2008, section 72A.20, by
adding a subdivision.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Hilty from the
Energy Finance and Policy Division to which was referred:
H. F. No. 1182,
A bill for an act relating to eminent domain; repealing certain exemptions for
public service corporations; amending Minnesota Statutes 2008, section 117.225;
repealing Minnesota Statutes 2008, section 117.189.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 117.189, is amended to read:
117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
Sections
117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187;
117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of
eminent domain authority by public service corporations. for any
purpose other than construction or expansion of:
(1) a
high-voltage transmission line of 100 kilovolts or more, or ancillary
substations; or
(2) a
natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
stations or pumping stations.
For purposes of
an award of appraisal fees under section 117.085, the fees awarded may not
exceed $1,500 for all types of property except for a public service
corporation's use of eminent domain for a high-voltage transmission line, where
the award may not exceed $3,000.
For purposes
of this section, "pipeline" does not include a natural gas
distribution line transporting natural gas to an end user.
EFFECTIVE DATE.
This section is effective the day following final enactment and
applies to eminent domain proceedings or actions commenced on or after that
date. "Commenced" means when service of notice of the petition under
Minnesota Statutes, section 117.055, is made.
Sec. 2. Minnesota Statutes 2008, section 117.225, is
amended to read:
117.225 EASEMENT DISCHARGE.
Whenever
claiming that an easement acquired by condemnation is not being used for the
purposes for which it was acquired, the underlying fee owner may apply to the
district court of the county in which the land is situated for an order
discharging the easement, upon such terms as are just and equitable. Due notice of said application shall be given
to all interested parties. Provided,
however, this section shall not apply to easements acquired by condemnation by
a public service corporation now or hereafter doing business in the state of
Minnesota. for any purpose other than construction or expansion of:
(1) a
high-voltage transmission line of 100 kilovolts or more, including ancillary
substations; or
(2) a
natural gas, petroleum, or petroleum products pipeline, including ancillary
compressor stations or pumping stations.
For purposes
of this section, "pipeline" does not include a natural gas
distribution line transporting natural gas to an end user.
EFFECTIVE DATE.
This section is effective the day following final enactment and
applies to eminent domain proceedings or actions commenced on or after that
date. "Commenced" means when service of notice of the petition under
Minnesota Statutes, section 117.055, is made.
Sec. 3. Minnesota Statutes 2008, section 216E.03,
subdivision 7, is amended to read:
Subd. 7. Considerations
in designating sites and routes. (a)
The commission's site and route permit determinations must be guided by the
state's goals to conserve resources, minimize environmental impacts, minimize
human settlement and other land use conflicts, and ensure the state's electric
energy security through efficient, cost-effective power supply and electric
transmission infrastructure.
(b) To
facilitate the study, research, evaluation, and designation of sites and
routes, the commission shall be guided by, but not limited to, the following
considerations:
(1) evaluation
of research and investigations relating to the effects on land, water and air
resources of large electric power generating plants and high-voltage
transmission lines and the effects of water and air discharges and electric and
magnetic fields resulting from such facilities on public health and welfare,
vegetation, animals, materials and aesthetic values, including baseline
studies, predictive modeling, and evaluation of new or improved methods for
minimizing adverse impacts of water and air discharges and other matters
pertaining to the effects of power plants on the water and air environment;
(2)
environmental evaluation of sites and routes proposed for future development
and expansion and their relationship to the land, water, air and human
resources of the state;
(3) evaluation
of the effects of new electric power generation and transmission technologies
and systems related to power plants designed to minimize adverse environmental
effects;
(4) evaluation
of the potential for beneficial uses of waste energy from proposed large
electric power generating plants;
(5) analysis of
the direct and indirect economic impact of proposed sites and routes including,
but not limited to, productive agricultural land lost or impaired;
(6) evaluation
of adverse direct and indirect environmental effects that cannot be avoided
should the proposed site and route be accepted;
(7) evaluation
of alternatives to the applicant's proposed site or route proposed pursuant to
subdivisions 1 and 2;
(8) evaluation
of potential routes that would use or parallel existing railroad and highway
rights-of-way;
(9) evaluation
of governmental survey lines and other natural division lines of agricultural
land so as to minimize interference with agricultural operations;
(10) evaluation
of the future needs for additional high-voltage transmission lines in the same
general area as any proposed route, and the advisability of ordering the
construction of structures capable of expansion in transmission capacity
through multiple circuiting or design modifications;
(11) evaluation
of irreversible and irretrievable commitments of resources should the proposed
site or route be approved; and
(12) when
appropriate, consideration of problems raised by other state and federal
agencies and local entities.
(c) If the
commission's rules are substantially similar to existing regulations of a
federal agency to which the utility in the state is subject, the federal
regulations must be applied by the commission.
(d) No site or
route shall be designated which violates state agency rules.
(e) In
issuing a route permit for a high-voltage transmission line, the commission
shall, consistent with the safe and efficient operation of transportation systems,
give priority consideration to utilizing existing utility, highway, publicly
owned railway corridors. The term
corridor means land in or in reasonable proximity to an existing utility,
publicly owned railway or highway easement or right-of-way. The commission shall also give consideration
to placing high-voltage transmission lines underground to the maximum extent
feasible."
Delete the
title and insert:
"A bill
for an act relating to eminent domain; clarifying use of eminent domain
authority by public service corporations; amending Minnesota Statutes 2008,
sections 117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement,
section 117.189."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Civil Justice.
The
report was adopted.
Otremba from the
Committee on Agriculture, Rural Economies and Veterans Affairs to which was
referred:
H. F. No. 2538,
A bill for an act relating to veterans; designating September 16 of each year
as American Legion Day; proposing coding for new law in Minnesota Statutes,
chapter 197.
Reported the
same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 2615,
A bill for an act relating to real estate; streamlining the process of
connecting an owner facing a residential mortgage foreclosure with an
authorized foreclosure prevention agency and with a person authorized to
negotiate on behalf of the foreclosing lender; amending Minnesota Statutes
2008, section 580.021, subdivision 3; repealing Minnesota Statutes 2008,
sections 580.021, subdivision 4; 580.022, subdivision 2.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
580.021, subdivision 3, is amended to read:
Subd. 3. Notification
to authorized counseling agency. The
party entitled to foreclose shall, within one week of after sending
the notice prescribed in section 580.022, provide to the appropriate
authorized foreclosure prevention agency the following information to
the appropriate authorized foreclosure prevention agency in a nonproprietary
database or spreadsheet format, when available in that format. Electronic transmittal of the database must
occur by secure e-mail which is encrypted by the sender to prevent persons
other than the intended recipient from reading its content, unless the party
entitled to foreclose does not have the capability to send via secure e-mail or
in a nonproprietary database or spreadsheet format, in which case it must be
sent by regular mail. The information
must include the mortgagor's name, mailing address, and most
recent known daytime and evening telephone number numbers, any
known e-mail address, and the address of the property at risk of foreclosure if
different from mortgagor's mailing address.
In the same
communication, the mortgagee shall also provide the name and contact
information of the agent of the mortgagee authorized to discuss and negotiate
resolution of the default. The mortgagee
contact information must include the agent's name, mail and e-mail addresses,
and direct phone and fax numbers. The
contact information must also include the name, direct phone number, and e-mail
address of the loss mitigation department manager or in the absence of a loss
mitigation department, an individual authorized to discuss workout
options. The agent must be an individual
authorized by the mortgagee to:
(1) discuss
the terms of the mortgage with the authorized foreclosure prevention agency or
the mortgagor; and
(2) negotiate
any resolution of the mortgagor's default.
Nothing in
this subdivision requires a mortgagee to reach a resolution relating to the
mortgagor's default. Failure to provide
all the data required by this section or to provide the data in database or
spreadsheet format, or by secure e-mail or otherwise, does not invalidate the
sale; provided the mortgagee makes a good faith effort to provide the data, or
makes a bona fide error.
EFFECTIVE DATE.
This section is effective August 1, 2010, and applies to foreclosures
in which the notice required under Minnesota Statutes, section 580.021,
subdivision 2, is provided on or after that date.
Sec. 2. REPEALER.
Minnesota
Statutes 2008, sections 580.021, subdivision 4; and 580.022, subdivision 2, are
repealed.
EFFECTIVE DATE.
This section is effective August 1, 2010, and applies to foreclosures
in which the notice required under Minnesota Statutes, section 580.021,
subdivision 2, is provided on or after that date."
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Mariani from the
Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 2705,
A bill for an act relating to education; implementing a transitions plan for
high school students to successfully pursue postsecondary education and
employment; appropriating money; amending Minnesota Statutes 2008, section
120B.125.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mullery from
the Committee on Civil Justice to which was referred:
H. F. No. 2708,
A bill for an act relating to real estate; making a conforming change to
provide for the right of the borrower to obtain a postponement of a foreclosure
sale that has a 12-month redemption period, as is now available for a six-month
redemption period; amending Minnesota Statutes 2009 Supplement, section 580.07,
subdivisions 2, 3.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 2754,
A bill for an act relating to commerce; regulating certain filings with the
secretary of state; amending Minnesota Statutes 2008, sections 318.02,
subdivision 1; 557.01.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 2758,
A bill for an act relating to state government; ratifying labor agreements and
compensation plans.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Otremba from
the Committee on Agriculture, Rural Economies and Veterans Affairs to which was
referred:
H. F. No. 2809,
A bill for an act relating to veterans; broadening eligibility for the bid
preference program for designated veteran-owned small businesses bidding for
state contracts for goods and services; amending Minnesota Statutes 2009
Supplement, sections 16C.16, subdivision 6a; 16C.19.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mariani from
the Committee on K-12 Education Policy and Oversight to which was referred:
H. F. No. 2814,
A bill for an act relating to pupil transportation; modifying pupil
transportation provisions; clarifying Department of Education's role in maintaining
training programs; including use of certain lift buses in the category of
revenue authorized for reimbursement; including actual contracted
transportation costs as a method for allocating pupil transportation costs;
amending Minnesota Statutes 2008, sections 123B.88, subdivision 13; 123B.90,
subdivision 3; 123B.92, subdivision 5; Minnesota Statutes 2009 Supplement,
section 123B.92, subdivision 1.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 2818,
A bill for an act relating to lawful gambling; creating a temporary tax
exemption for charitable contributions to local governments.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Taxes.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 2823,
A bill for an act relating to real property; making changes relating to common
interest community certificates; amending Minnesota Statutes 2009 Supplement,
sections 508.351, subdivisions 1, 5, 7; 508A.351, subdivisions 1a, 5, 7.
Reported the
same back with the following amendments:
Page 1, before
line 6, insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 507.235, subdivision 1a, is amended to read:
Subd. 1a. Requirements
of vendor. (a) A vendor entering
into a contract for deed involving residential real property must,
contemporaneously with the execution of the contract for deed:
(1) deliver to
the vendee a copy of the contract for deed containing original signatures in
recordable form; and
(2) pay, or
reimburse the vendee for payment of, any delinquent taxes necessary for
recordation of the contract for deed, unless the contract for deed provides for
the vendee to pay the delinquent taxes.
(b) For purposes
of this subdivision:
(1)
"contract for deed" has the meaning given in section 559.202,
subdivision 2 means an executory contract for the conveyance of
residential real property under which the seller provides financing for the
purchase of the residential real property and under which the purchaser does or
has a right to go into possession.
Contract for deed does not include:
(i) a
purchase agreement;
(ii) an
earnest money contract;
(iii) an
exercised option or a lease, including a lease with an option to purchase; or
(iv) a
mortgage, as defined in section 287.01; and
(2)
"residential real property" has the meaning given in section
559.202, subdivision 2 means real property occupied, or intended to be
occupied, by one to four families, if the purchaser intends to occupy the real
property. Residential real property does
not include property subject to a family farm security loan or a transaction
subject to sections 583.20 to 583.32.
EFFECTIVE DATE.
This section is effective the day following final enactment and
applies to contracts for deed acknowledged on or after the effective date."
Renumber the
sections in sequence and correct the internal references
Amend the title
as follows:
Page 1, line 2,
before "making" insert "clarifying certain definitions relating
to filing contracts for deed;"
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 2828,
A bill for an act relating to real property; clarifying requirements for an
instrument intended to secure debt; amending Minnesota Statutes 2008, section
287.03.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 2856,
A bill for an act relating to commerce; making changes in required continuing
education of real estate brokers and salespersons; amending Minnesota Statutes
2008, sections 82.29, subdivision 4; 82.33, subdivision 4; Minnesota Statutes
2009 Supplement, section 82.32.
Reported the
same back with the following amendments:
Page 2, lines 6
and 7, reinstate the stricken language
Page 3, line 24,
delete "no more than" and insert "either 3.75 or"
and after "year" insert "in which module training is
required,"
Page 3, line 35,
delete "May 31" and insert "April 1"
Page 4, line 16,
delete everything after the period
Page 4, delete
line 17
Page 4, line 22,
delete everything after "test" and insert a period
Page 4, delete
line 23
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 2866,
A bill for an act relating to state government; modifying authority of the
executive branch to reduce unexpended allotments; amending Minnesota Statutes
2008, section 16A.152, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 16A.
Reported the
same back with the following amendments:
Page 1, line 12,
before "Ways" insert "Finance Committee and"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Atkins from the
Committee on Commerce and Labor to which was referred:
H. F. No. 2902,
A bill for an act relating to commerce; regulating motor vehicle sales and
distribution; amending Minnesota Statutes 2008, sections 80E.01; 80E.03, by
adding a subdivision; 80E.13; 80E.14, subdivision 1, by adding a subdivision;
Minnesota Statutes 2009 Supplement, sections 80E.09, subdivisions 1, 3; 80E.12;
80E.135; 80E.14, subdivision 3.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Civil Justice.
The
report was adopted.
Otremba from
the Committee on Agriculture, Rural Economies and Veterans Affairs to which was
referred:
H. F. No. 2908,
A resolution urging payment of the Federal Respite Leave Benefit for members of
the 1st of the 34th Brigade of the Minnesota National Guard who served in Iraq
during the Troop Surge of 2007.
Reported the
same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The
report was adopted.
SECOND READING OF HOUSE
BILLS
H.
F. Nos. 653, 978, 2538, 2615, 2708, 2823, 2828, 2856 and 2908 were read for the
second time.
SECOND READING OF SENATE
BILLS
S. F. No. 2251
was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Kalin and Davnie introduced:
H. F. No. 3030, A bill for an act relating
to state government; requiring the State Board of Investment to consider
venture capital investments in businesses located in Minnesota; requiring a
report; amending Minnesota Statutes 2008, section 11A.24, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Davids and Garofalo introduced:
H. F. No. 3031, A bill for an act relating
to elections; requiring resignation of certain elected public officials;
proposing coding for new law in Minnesota Statutes, chapter 204B.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Dill introduced:
H. F. No. 3032, A bill for an act relating
to drivers' licenses; modifying veteran designation to allow identification of
disability; amending Minnesota Statutes 2009 Supplement, section 171.07,
subdivision 15.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Rukavina, Jackson, Gunther, Bly and
Persell introduced:
H. F. No. 3033, A bill for an act relating
to energy; establishing rebate program for solar photovoltaic modules;
appropriating money.
The bill was read for the first time and
referred to the Committee on Finance.
Emmer introduced:
H. F. No. 3034, A bill for an act relating
to education; authorizing suspensions without pay for teachers charged with
felonies; amending Minnesota Statutes 2008, section 122A.40, subdivision 13.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Davnie, Thissen, Slawik, Hornstein,
Hayden, Hosch, Kahn, Abeler and Norton introduced:
H. F. No. 3035, A bill for an act relating
to insurance; the Minnesota Comprehensive Health Association; providing an
exception for children to the association's six-month preexisting condition
limitation; making a technical update; amending Minnesota Statutes 2008,
section 62E.14, subdivision 3, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Gottwalt, Abeler, Peppin, Kiffmeyer,
Eastlund, Dettmer, Dean, Torkelson and Seifert introduced:
H. F. No. 3036, A bill for an act relating
to human services; establishing a MinnesotaCare defined contribution program;
proposing coding for new law in Minnesota Statutes, chapter 256L.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Rukavina, Clark, Mahoney and Haws
introduced:
H. F. No. 3037, A bill for an act relating
to economic development; establishing a manufacturing equipment loan program
for manufacturing businesses in the state; authorizing sale and issuance of
revenue bonds; proposing coding for new law in Minnesota Statutes, chapter
116J.
The bill was read for the first time and
referred to the Committee on Finance.
Olin; Anderson, B.; Johnson; Emmer;
Shimanski and Dettmer introduced:
H. F. No. 3038, A bill for an act relating
to corrections; modifying inmate payment of room and board to include any time
credited for time served; amending Minnesota Statutes 2008, section 641.12,
subdivision 3.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Hayden, Abeler, Fritz, Hosch, Rosenthal
and Loeffler introduced:
H. F. No. 3039, A bill for an act relating
to children; modifying driver's license requirements for foster children;
requiring in-court reviews; expanding the definition of parent for child
protection proceedings; amending Minnesota Statutes 2008, sections 171.04,
subdivision 1, by adding a subdivision; 171.05, subdivision 2; 171.055,
subdivision 1; 245C.33, subdivision 4, by adding a subdivision; 260C.163,
subdivisions 1, 2; 260C.193, subdivision 6; 260C.317, subdivision 3; Minnesota
Statutes 2009 Supplement, sections 260C.007, subdivision 25; 260C.150,
subdivision 3; 260C.151, subdivision 1; 260C.178, subdivision 3; 260C.201,
subdivision 11; 260C.212, subdivision 7; 260C.331, subdivision 1; 260C.456.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Rukavina and Clark introduced:
H. F. No. 3040, A bill for an act relating
to child support; allowing a noncustodial parent to provide child care;
permitting a deviation from child support guidelines; amending Minnesota
Statutes 2008, section 518A.40, subdivision 3.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Seifert and Pelowski introduced:
H. F. No. 3041, A bill for an act relating
to education finance; making H1N1 flu prevention activities eligible for health
and safety revenue; amending Minnesota Statutes 2008, section 123B.56.
The bill was read for the first time and
referred to the Committee on Finance.
Murphy, E.; Davids; Abeler; Hosch; Atkins;
Slocum; Fritz; Lillie; Anzelc and Johnson introduced:
H. F. No. 3042, A bill for an act relating
to health; regulating participating provider agreements between health plan
companies and health care providers; amending Minnesota Statutes 2008, sections
62Q.735, by adding subdivisions; 62Q.75, subdivision 3, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Kalin, Faust, Swails, Benson, Greiling and
Mariani introduced:
H. F. No. 3043, A bill for an act relating
to education; providing for computer-adaptive assessments; amending Minnesota
Statutes 2009 Supplement, section 120B.30, subdivisions 1, 1a.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Hornstein introduced:
H. F. No. 3044, A bill for an act relating
to taxation; corporate franchise; eliminating the preferences for foreign
source income; repealing the subtraction for foreign royalties; expanding the
definition of domestic corporations to include certain foreign corporations
incorporated in or doing business in tax havens; repealing foreign operating
corporations; amending Minnesota Statutes 2008, sections 290.01, subdivision 5,
by adding a subdivision; 290.17, subdivision 4; Minnesota Statutes 2009
Supplement, sections 289A.08, subdivision 3; 290.01, subdivisions 19c, 19d; repealing
Minnesota Statutes 2008, sections 290.01, subdivision 6b; 290.0921, subdivision
7.
The bill was read for the first time and
referred to the Committee on Taxes.
Anzelc introduced:
H. F. No. 3045, A bill for an act relating
to human services; modifying human services licensure requirements; amending
Minnesota Statutes 2008, section 245A.03, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Ruud; Abeler; Clark; Murphy, E.; Thissen;
Huntley and Bunn introduced:
H. F. No. 3046, A bill for an act relating
to health; establishing licensure for birthing centers; amending Minnesota
Statutes 2008, section 256B.0625, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Huntley introduced:
H. F. No. 3047, A bill for an act relating
to human services; modifying the commissioner's duties; creating an Office of
Health Care Inspector General; amending Minnesota Statutes 2008, section
256.01, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Norton introduced:
H. F. No. 3048, A bill for an act relating
to labor and industry; modifying construction codes and licensing provisions;
modifying certain notice provisions; imposing criminal penalties; amending
Minnesota Statutes 2008, sections 178.01; 178.03, subdivisions 3, 4; 178.06;
178.08; 178.11; 326B.04, subdivision 2; 326B.127, subdivision 3; 326B.13,
subdivisions 3, 4, 5, 6; 326B.133, subdivision 5; 326B.139; 326B.142; 326B.148,
subdivisions 2, 3; 326B.191; 326B.31, subdivision 28; 326B.33, subdivision 17;
326B.84; 326B.89, subdivisions 1, 5, 6, 7, 8, 10, 13, by adding subdivisions;
Minnesota Statutes 2009 Supplement, sections 14.14, subdivision 1a; 326B.145;
repealing Minnesota Statutes 2008, sections 299G.11; 299G.13, subdivisions 1,
6, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28; 299G.14; 299G.15;
299G.16; 299G.17; 299G.18; 326B.115; 326B.37, subdivision 13; Minnesota Rules,
parts 5200.0020; 5200.0050; 5200.0080, subparts 2, 3, 4, 4a, 4b, 6, 7, 8.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Norton, Thao, Davids, Sailer and McFarlane
introduced:
H. F. No. 3049, A bill for an act relating
to health care; establishing dental benefit plan requirements for prior
authorizations and provider audits; amending Minnesota Statutes 2008, section
62Q.78, by adding subdivisions.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Hilstrom introduced:
H. F. No. 3050, A bill for an act relating
to public safety; defining attorney for consultation with persons in custody;
including calls to attorney cellular telephones from persons in custody;
amending Minnesota Statutes 2008, section 481.10.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
Dill introduced:
H. F. No. 3051, A bill for an act relating
to state lands; providing for designation of certain state park and state
forest boundaries; providing for certain historic property exemption; modifying
state forest acquisition provisions; providing for acquisition of Lake
Vermilion State Park; adding to and deleting from state parks and state
forests; authorizing public and private sales, conveyances, and exchanges of
certain state land; amending Minnesota Statutes 2008, sections 85.011; 85.012,
subdivision 40; 89.021, by adding a subdivision; 89.032, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 85.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Abeler and Atkins introduced:
H. F. No. 3052, A bill for an act relating
to commerce; regulating nonrecourse civil litigation funding transactions;
proposing coding for new law as Minnesota Statutes, chapter 80G.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Atkins, Zellers, Dill, Anzelc, Hoppe,
Doty, Howes, Bigham, Brown and Otremba introduced:
H. F. No. 3053, A bill for an act relating
to lawful gambling; providing for electronic bingo; modifying and adjusting
rates and collection of certain lawful gambling taxes; amending Minnesota
Statutes 2008, sections 297E.02, subdivision 6; 349.12, subdivisions 5, 25b,
25c, 25d; 349.151, subdivision 4c; 349.16, subdivision 7; 349.161, subdivision
5; 349.1635, subdivision 1; 349.17, subdivision 8; 349.211, subdivision 1a; Minnesota
Statutes 2009 Supplement, sections 297E.02, subdivision 4; 349.12, subdivision
12a; 349.17, subdivisions 6, 7; 349.18, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 349.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Lanning introduced:
H. F. No. 3054, A bill for an act relating
to capital investment; appropriating money for flood hazard mitigation;
authorizing sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Finance.
Thissen, Loeffler and Abeler introduced:
H. F. No. 3055, A bill for an act relating
to human services; making changes to the State-County Results, Accountability,
and Service Delivery Redesign Act; amending Minnesota Statutes 2009 Supplement,
sections 402A.01; 402A.10, subdivision 5; 402A.15; 402A.18; 402A.20; proposing
coding for new law in Minnesota Statutes, chapter 402A; repealing Minnesota
Statutes 2009 Supplement, sections 402A.30; 402A.45.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Norton, Huntley, Bunn, Dean, Thao and
Liebling introduced:
H. F. No. 3056, A bill for an act relating
to health; establishing a quality improvement program for physician clinics and
hospitals; amending Minnesota Statutes 2008, section 62U.04, subdivisions 3, 6,
9, by adding a subdivision; repealing Minnesota Statutes 2009 Supplement,
section 256B.032.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Davids introduced:
H. F. No. 3057, A bill for an act relating
to veterans; authorizing funding for a veterans cemetery in Fillmore County;
amending Laws 2009, chapter 93, article 1, section 14, subdivision 3.
The bill was read for the first time and
referred to the Committee on Finance.
Hortman, Newton, Abeler and Dittrich
introduced:
H. F. No. 3058, A bill for an act relating
to natural resources; creating the Coon Rapids Dam Commission; providing
appointment; appropriating money.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Ruud; Murphy, E.; Abeler; Champion; Clark;
Thissen; Paymar and Rosenthal introduced:
H. F. No. 3059, A bill for an act relating
to health; modifying mandatory reporting requirements related to pregnant
women; amending Minnesota Statutes 2008, section 626.5561, subdivision 1.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Hornstein, Wagenius and Hilty introduced:
H. F. No. 3060, A bill for an act relating
to energy; deleting the burning of mixed municipal solid waste and
refuse-derived fuel and production of landfill gas from list of technologies
that fulfill utility's requirement to generate portion of electricity from
renewable energy resources; amending Minnesota Statutes 2008, section
216B.1691, subdivision 1.
The bill was read for the first time and
referred to the Energy Finance and Policy Division.
Hornstein, Wagenius and Gardner
introduced:
H. F. No. 3061, A bill for an act relating
to solid waste; amending Minnesota's waste management hierarchy; amending
Minnesota Statutes 2008, section 115A.02.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Anzelc introduced:
H. F. No. 3062, A bill for an act relating
to capital investment; modifying appropriations for a steel plant in Itasca
County; amending Laws 2006, chapter 258, section 21, subdivision 14, as
amended; Laws 2008, chapter 179, section 21, subdivision 9.
The bill was read for the first time and
referred to the Committee on Finance.
Newton, Abeler, Dittrich, Swails,
Tillberry, Benson and Slocum introduced:
H. F. No. 3063, A bill for an act relating
to education finance; authorizing a school district to renew an expiring
referendum by action of the school board; amending Minnesota Statutes 2008,
section 126C.17, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Finance.
Swails, Dittrich, Newton and Hilstrom
introduced:
H. F. No. 3064, A bill for an act relating
to education finance; expanding allowable capital levies; amending Minnesota
Statutes 2008, section 126C.40, subdivision 1.
The bill was read for the first time and
referred to the Committee on Finance.
Simon, Atkins, Nelson, Lanning, Scalze and
Lillie introduced:
H. F. No. 3065, A bill for an act relating
to local government; providing for securities lending agreements and holding of
municipal funds; amending Minnesota Statutes 2008, sections 118A.05,
subdivision 3; 118A.06.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Thissen introduced:
H. F. No. 3066, A bill for an act relating
to health; requiring reporting of certain administrative expense data;
establishing the Advisory Group on Administrative Expenses; appropriating
money; amending Minnesota Statutes 2008, section 62D.08, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 62D.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Hansen and Eken introduced:
H. F. No. 3067, A bill for an act relating
to waters; modifying watershed plan provisions; amending Minnesota Statutes
2008, section 103B.231, subdivisions 7, 9, 11; repealing Minnesota Statutes
2008, section 103B.231, subdivision 8.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Eken introduced:
H. F. No. 3068, A bill for an act relating
to taxation; providing for the continuation of the disabled veteran's market
valuation exclusion under certain conditions; amending Minnesota Statutes 2008,
section 273.13, subdivision 34.
The bill was read for the first time and
referred to the Committee on Taxes.
Kath introduced:
H. F. No. 3069, A bill for an act relating
to education; directing the Board of Teaching to incorporate professional
reflection and growth in best teaching practices into its renewal requirements
for a continuing teaching license; amending Minnesota Statutes 2009 Supplement,
section 122A.09, subdivision 4.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Kath introduced:
H. F. No. 3070, A bill for an act relating
to health; requiring ethics training from home health aides; instructing the
commissioner of health to amend rules; amending Minnesota Statutes 2008,
section 144A.44, subdivision 1; Minnesota Statutes 2009 Supplement, section
144A.45, subdivision 1.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Hayden; Anzelc; Thissen; Murphy, E.; Slawik;
Champion; Hosch; Lanning; Mahoney; Nelson; Fritz; Winkler; Rukavina and Mariani
introduced:
H. F. No. 3071, A bill for an act relating
to human services; creating certain exemptions from MFIP and general assistance
asset limitations; amending Minnesota Statutes 2008, sections 256D.08, by
adding a subdivision; 256J.20, subdivision 1.
The bill was read for the first time and
referred to the Committee on Health Care and Human Services Policy and
Oversight.
Bigham introduced:
H. F. No. 3072, A bill for an act relating
to traffic regulations; specifying lane into which left turns must be made;
making clarifying changes; amending Minnesota Statutes 2008, section 169.19,
subdivision 1.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Carlson introduced:
H. F. No. 3073, A bill for an act relating
to state government; making technical changes to amount of agency deposit
receipts and clarifying use of fees in the combined charities campaign;
appropriating money; amending Minnesota Statutes 2008, sections 16A.275;
43A.50, subdivision 2.
The bill was read for the first time and
referred to the Committee on Finance.
Slocum introduced:
H. F. No. 3074, A bill for an act relating
to education; allowing the Board of Teaching to approve innovative,
research-based teacher preparation and licensure programs; amending Minnesota
Statutes 2009 Supplement, section 122A.09, subdivision 4; repealing Minnesota
Statutes 2008, section 122A.24.
The bill was read for the first time and
referred to the Committee on K-12 Education Policy and Oversight.
Severson and Gunther introduced:
H. F. No. 3075, A bill for an act relating
to transportation; establishing requirements governing relinquishing land owned
by the Department of Transportation; proposing coding for new law in Minnesota
Statutes, chapter 161.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Juhnke introduced:
H. F. No. 3076, A bill for an act relating
to labor and industry; modifying elevator provisions; amending Minnesota
Statutes 2008, section 326B.184, subdivision 2; Minnesota Statutes 2009
Supplement, section 326B.163, subdivision 5.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
McNamara introduced:
H. F. No. 3077, A bill for an act relating
to capital improvements; appropriating money for flood hazard mitigation in the
city of Afton; authorizing the sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Finance.
Brown introduced:
H. F. No. 3078, A bill for an act relating
to the state lottery; removing a restriction relating to the operation of the
lottery; amending Minnesota Statutes 2008, section 349A.13.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Hortman introduced:
H. F. No. 3079, A bill for an act relating
to state government; providing for certain permitting efficiency; modifying
environmental review provisions; amending Minnesota Statutes 2008, sections
17.03, by adding a subdivision; 84.027, by adding a subdivision; 116.03, by
adding a subdivision; 116D.04, subdivision 10, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Environment Policy and Oversight.
Hortman and Reinert introduced:
H. F. No. 3080, A bill for an act relating
to transportation; exempting certain school buses from child passenger
restraint requirements; amending Minnesota Statutes 2008, section 169.685,
subdivision 6.
The bill was read for the first time and
referred to the Transportation and Transit Policy and Oversight Division.
Hilstrom, Kelly, Zellers, Kohls and Bigham
introduced:
H. F. No. 3081, A bill for an act relating
to crime; increasing the penalty for criminal sexual conduct in the first
degree; amending Minnesota Statutes 2008, section 609.342, subdivision 2.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam Speaker:
I hereby announce
that the Senate accedes to the request of the house for the appointment of a
Conference Committee on the amendments adopted by the Senate to the following
House File:
H. F. No. 2700, A
bill for an act relating to capital improvements; authorizing spending to
acquire and better public land and buildings and other improvements of a
capital nature with certain conditions; establishing new programs and modifying
existing programs; authorizing the sale and issuance of state bonds; cancelling
and
modifying previous appropriations; appropriating money;
amending Minnesota Statutes 2008, sections 16A.105; 16A.501; 16A.66,
subdivision 2; 103F.161, subdivisions 1, 3; 103F.515, by adding a subdivision;
116J.435, as amended; 174.50, subdivisions 6, 7; 256E.37, subdivisions 1, 2;
Minnesota Statutes 2009 Supplement, sections 16A.647, subdivisions 1, 5;
16A.86, subdivision 3a; Laws 2005, chapter 20, article 1, sections 19,
subdivision 4; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections
5, subdivision 3; 8, subdivision 4; 17, subdivision 5; 21, subdivision 14, as
amended; Laws 2008, chapter 152, article 2, section 3, subdivision 2; Laws
2008, chapter 179, sections 5, subdivision 4; 7, subdivisions 8, 27; 21,
subdivision 9; Laws 2008, chapter 365, sections 4, subdivision 3; 5,
subdivision 2; 24, subdivision 2; 25; Laws 2009, chapter 93, article 1,
sections 11, subdivision 5; 20; proposing coding for new law in Minnesota
Statutes, chapters 16A; 16B; repealing Laws 2009, chapter 93, article 1,
section 45.
The Senate has
appointed as such committee:
Senators: Langseth, Tomassoni, Pappas, Koering and
Lynch.
Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam
Speaker:
Pursuant to Joint
Rule 3.02(a), the Conference Committee on S. F. No. 1481 was discharged after
adjournment on May 18, 2009 and the bill was laid on the table.
S. F. No. 1481, A bill for an act relating to the budget
reserve; modifying priorities for additional revenues in general fund
forecasts; requiring a report; amending
Minnesota Statutes 2008, sections 16A.103, subdivisions 1a, 1b, by adding a
subdivision; 16A.11, subdivision 1, by adding a subdivision; 16A.152,
subdivision 2, by adding a subdivision.
S. F. No.1481 has been taken from the table and returned to
the Conference Committee as formerly constituted.
S. F. No. 1481 is herewith transmitted to the House.
Colleen J. Pacheco, First Assistant
Secretary of the Senate
Solberg moved that
the Speaker appoint a Conference Committee of 3 members of the House to meet
with a like committee appointed by the Senate on the disagreeing votes of the
two houses on S. F. No. 1481.
The motion prevailed.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 2168.
S. F. No. 2168 was reported
to the House.
The Speaker called Juhnke to the Chair.
Murphy, E.,
moved to amend S. F. No. 2168, the unofficial engrossment, as follows:
Page 33,
line 2, after the period, insert "A provider that has met the
applicable percentage threshold in Minnesota Statutes, section 256B.0644,
paragraph (b), clause (2) or (3), is exempt from the requirements of this
section."
Page 33,
line 17, delete "commissioner of human services" and insert
"health services policy committee"
Page 34,
line 3, delete "and"
Page 34,
line 5, delete the period and insert a semicolon
Page 34,
after line 5, insert:
"(5)
recommendations on methods and tools to appropriately risk adjust enrollees;
(6)
recommendations for the development of an appropriate regulatory structure for
coordinated care delivery organizations; and
(7)
recommendations for the development of a quality measurement methodology for
coordinated care delivery organizations."
Page 34,
line 24, delete "27,041,000" and insert "27,556,000"
Page 34,
line 27, delete "(34,866,000)" and insert "(34,248,000)"
Page 34,
line 29, delete "247,064,000" and insert "246,961,000"
Page 34,
line 34, delete "(9,939,000)" and insert "(11,555,000)"
Page 35,
line 7, delete "$9,938,000" and insert "$11,555,000"
Page 35,
line 8, delete everything after the period and insert "This reduction
is onetime and does not affect the agency's base."
Page 35,
delete lines 9 to 11
Page 35,
line 20, delete "(68,569,000)" and insert "(65,568,000)"
Page 36,
line 12, delete "2,681,000" and insert "2,578,000"
Page 37,
line 9, delete "(9,938,000)" and insert "(7,704,000)"
Page 37,
line 16, delete "$9,939,000" and insert "$7,704,000"
and delete everything after the period
Page 37,
delete lines 17 to 19 and insert "This reduction is onetime and does
not affect the agency's base."
Page 37,
line 22, delete "(a)"
Page 37,
line 23, delete "$168,733,000" and insert "$187,992,000"
Page 37,
delete lines 28 to 32
The
motion prevailed and the amendment was adopted.
Thissen
moved to amend S. F. No. 2168, the unofficial engrossment, as amended, as
follows:
Page 28,
delete lines 18 to 36
Page 29,
delete lines 1 to 8 and insert:
"Subd.
11. Contact information for veterans. The commissioner shall ensure that county
staff, when determining eligibility for the temporary general assistance medical
care program, identify applicants who are veterans and provide to those
applicants contact information for the applicant's county veterans service
officer and information about the services these officers can provide."
The motion prevailed and the amendment was
adopted.
Dean moved
to amend S. F. No. 2168, the unofficial engrossment, as amended, as follows:
Page 32,
after line 1, insert:
"Sec.
20. [256L.121]
HEALTH CARE HOME PROGRAM FOR CERTAIN SINGLE ADULTS AND HOUSEHOLDS WITHOUT
CHILDREN.
Subdivision
1. Establishment; contract with commissioner. (a) The commissioner shall develop and
implement, by January 1, 2012, a county-based, health care home program for
those individuals identified by the commissioner under section 256D.03,
subdivision 3c, as being more effectively served under modified MinnesotaCare
coverage for single adults and households without children.
(b)
Participation by counties or groups of counties in the program is voluntary and
subject to approval by, and entering into a contract with, the
commissioner. Contract requirements must
include:
(1) criteria
and procedures for county participation in, and withdrawal from, the health
care home program;
(2) care
coordination, quality of care, and other requirements for participating health
care homes, and county oversight requirements for health care homes;
(3) consumer
protection, provider protection, and fiscal solvency standards; and
(4)
procedures for addressing fiscal insolvency of county health care home programs
and ensuring continuity of care.
Subd. 2. County
requirements related to health care homes. Each county participating in the health
care home program shall contract with providers certified as health care homes
under section 256B.0751 to provide services to MinnesotaCare enrollees meeting
the criteria developed by the commissioner under section 256D.03, subdivision
3c. Each participating county shall
require enrollees residing in the county to designate as a health care home a
provider certified under section 256B.0751 and shall assign enrollees who do
not make a designation to a health care home.
Subd. 3. County
payment. The commissioner
shall pay counties that are providing health care under this section a per
capita payment for all MinnesotaCare enrollees that does not exceed the payment
that would otherwise be paid to a managed care plan under section 256L.12. A county is not required to obtain a
certificate of authority under chapter 62D, but must meet consumer protection,
provider protection, and fiscal solvency standards established by the
commissioner. The state and the
commissioner shall not be liable for any costs incurred by a county that exceed
the payments to the county made under this section.
Subd. 4. Nonparticipating
counties. The commissioner
shall continue to provide MinnesotaCare services using managed care and
county-based purchasing plans under sections 256B.69 and 256B.692 in counties
that choose not to participate in, or withdraw from, the health care program.
Sec.
21. Minnesota Statutes 2008, section
256L.15, subdivision 4, is amended to read:
Subd.
4. Exception
for transitioned certain adults. (a) County agencies shall pay the
enrollee share of premiums for: (1) single adults and households
with no children formerly enrolled in general assistance medical care and
enrolled in MinnesotaCare according to section 256D.03, subdivision 3, until
six-month renewal. The county agency has
the option of continuing to pay premiums for these enrollees; and (2)
single adults and households without children enrolled under section 256L.04,
subdivision 7, with gross family incomes not exceeding 75 percent of the
federal poverty guidelines.
(b)
Counties that do not participate in the health care program established under
section 256L.121 shall pay both the enrollee and state share of MinnesotaCare
premiums for individuals meeting the criteria developed for modified
MinnesotaCare coverage by the commissioner under section 256D.03, subdivision
3c.
EFFECTIVE DATE. This section is effective July 1, 2011."
Page 32,
delete section 20
Page 32,
after line 14, insert:
"Sec.
25. [256L.29]
MINNESOTACARE MODERN BENEFIT PILOT PLAN.
Subdivision
1. Eligibility. Beginning
January 1, 2012, or upon federal approval, and approval of the commissioners of
health and human services, the commissioners shall make available to up to 1000
adults who qualify for MinnesotaCare under section 256L.04, subdivision 1, with
family gross income that exceeds 133 percent of the federal poverty guidelines,
and who are not pregnant, may voluntarily enroll in the MinnesotaCare modern
benefit plan as described in this section.
All provisions of sections 256L.01 to 256L.18 shall continue to apply to
adults enrolled in the MinnesotaCare modern benefit plan unless otherwise
specified.
Subd. 2. Covered
services; deductible; co-payments.
The MinnesotaCare modern benefit plan shall include all covered
services and co-payments under section 256L.03.
In addition to the enrollee cost sharing described in section 256L.03,
subdivision 5, adults enrolled in the MinnesotaCare modern benefit plan shall
be subject to a $....... annual deductible each calendar year. All covered services and co-payments
described in this section are subject to the enrollee's annual deductible. Enrollees may use their health savings
account (HSA) described in subdivision 4, to pay for covered services and
co-payments.
Subd. 3. Enrollment. (a) Adults who qualify for the
MinnesotaCare modern benefit plan may enroll during an annual open enrollment
period. MinnesotaCare modern benefits
will begin each year on January 1, following the open enrollment period.
(b) Adults
enrolled in the MinnesotaCare modern benefit plan who are disenrolled from the
MinnesotaCare program and then reapply, may not enroll in the MinnesotaCare
modern benefit plan until the next annual open enrollment period. Upon disenrollment, any unused funds in the
enrollee's HSA under subdivision 4 will not roll over to the next calendar
year.
Subd. 4. MinnesotaCare
modern health savings accounts (HSAs).
Beginning January 1, 2012, or upon federal approval, the commissioner
shall establish a health savings account (HSA) for each adult enrolled in the MinnesotaCare modern benefit plan. The HSA shall be available to the enrollee to
pay for covered services and
co-payments described under subdivision 2, up to the amount of the
annual deductible. The state shall
contribute $....... per calendar year to each enrollee's HSA to pay for
covered services and co-payments. Any
funds that remain in an enrollee's HSA at the end of a calendar year shall be
available to the enrollee the following calendar year. Enrollees are responsible for costs of health
services incurred in excess of the state's contribution up to the amount of the
annual deductible.
Subd. 5. Premium
discount for MinnesotaCare modern enrollees. Beginning January 1, 2012, or upon federal
approval, each adult enrolled in the MinnesotaCare modern benefit plan shall
qualify for a monthly premium discount of $........ The discount shall be applied to the family
premium determined according to section 256L.15, subdivision 2, beginning with
the premium for the first month of coverage under the MinnesotaCare modern
plan."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
Dean moved
to amend his amendment to S. F. No. 2168, the unofficial engrossment, as
amended, as follows:
Page 1,
after line 2, insert:
"Page
20, after line 21, insert:
"Sec.
13. Minnesota Statutes 2008, section
256D.03, is amended by adding a subdivision to read:
Subd. 3c. Enrollee
characteristics; eligibility criteria.
The commissioner of human services shall study the demographic
characteristics, health care needs, and health care service utilization of
individuals enrolled in general assistance medical care for all or part of the
period January 1, 2006, through December 31, 2009. The commissioner, by December 15, 2010, shall
identify the characteristics of enrollees who can be effectively served under
the standard MinnesotaCare program and the characteristics of enrollees who
cannot be effectively served under the standard MinnesotaCare program but can
be served effectively under modified MinnesotaCare coverage for single adults
and households without children. Based
upon this analysis, the commissioner shall establish eligibility criteria under
which individuals would qualify for modified MinnesotaCare coverage for single
adults and households without children.
For purposes of this subdivision, "modified MinnesotaCare
coverage" means:
(1) setting
the date of application as the effective date of coverage; and
(2)
eligibility for county-based health care home services under section 256L.121."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly"
The motion prevailed and the amendment to
the amendment was adopted.
Dean moved
to amend his amendment, as amended, to S. F. No. 2168, the unofficial
engrossment, as amended, as follows:
Page 3,
line 6, delete "a $......." and insert "an amount to
be determined by the commissioner as an"
Page 3,
line 24, delete "$......." and insert "an amount to be
determined by the commissioner"
Page 3,
line 31, delete "$......." and insert "an amount to be
determined by the commissioner."
Amend the
title accordingly
The motion prevailed and the amendment to
the amendment, as amended, was adopted.
Murphy, E., requested a division of the
Dean amendment, as amended, to S. F. No. 2168, the unofficial engrossment, as
amended.
The first portion of the Dean amendment,
as amended, to S. F. No. 2168, the unofficial engrossment, as amended, reads as
follows:
Page 20,
after line 21, insert:
"Sec.
13. Minnesota Statutes 2008, section
256D.03, is amended by adding a subdivision to read:
Subd. 3c. Enrollee
characteristics; eligibility criteria.
The commissioner of human services shall study the demographic
characteristics, health care needs, and health care service utilization of
individuals enrolled in general assistance medical care for all or part of the
period January 1, 2006, through December 31, 2009. The commissioner, by December 15, 2010, shall
identify the characteristics of enrollees who can be effectively served under
the standard MinnesotaCare program and the characteristics of enrollees who
cannot be effectively served under the standard MinnesotaCare program but can
be served effectively under modified MinnesotaCare coverage for single adults
and households without children. Based
upon this analysis, the commissioner shall establish eligibility criteria under
which individuals would qualify for modified MinnesotaCare coverage for single
adults and households without children.
For purposes of this subdivision, "modified MinnesotaCare
coverage" means:
(1) setting
the date of application as the effective date of coverage; and
(2)
eligibility for county-based health care home services under section 256L.121."
Page 32,
after line 1, insert:
"Sec.
20. [256L.121]
HEALTH CARE HOME PROGRAM FOR CERTAIN SINGLE ADULTS AND HOUSEHOLDS WITHOUT
CHILDREN.
Subdivision
1. Establishment; contract with commissioner. (a) The commissioner shall develop and
implement, by January 1, 2012, a county-based, health care home program for
those individuals identified by the commissioner under section 256D.03,
subdivision 3c, as being more effectively served under modified MinnesotaCare
coverage for single adults and households without children.
(b)
Participation by counties or groups of counties in the program is voluntary and
subject to approval by, and entering into a contract with, the
commissioner. Contract requirements must
include:
(1)
criteria and procedures for county participation in, and withdrawal from, the
health care home program;
(2) care
coordination, quality of care, and other requirements for participating health
care homes, and county oversight requirements for health care homes;
(3)
consumer protection, provider protection, and fiscal solvency standards; and
(4)
procedures for addressing fiscal insolvency of county health care home programs
and ensuring continuity of care.
Subd. 2. County
requirements related to health care homes. Each county participating in the health
care home program shall contract with providers certified as health care homes
under section 256B.0751 to provide services to MinnesotaCare enrollees meeting
the criteria developed by the commissioner under section 256D.03, subdivision
3c. Each participating county shall
require enrollees residing in the county to designate as a health care home a
provider certified under section 256B.0751 and shall assign enrollees who do
not make a designation to a health care home.
Subd. 3. County
payment. The commissioner
shall pay counties that are providing health care under this section a per
capita payment for all MinnesotaCare enrollees that does not exceed the payment
that would otherwise be paid to a managed care plan under section 256L.12. A county is not required to obtain a
certificate of authority under chapter 62D, but must meet consumer protection,
provider protection, and fiscal solvency standards established by the
commissioner. The state and the
commissioner shall not be liable for any costs incurred by a county that exceed
the payments to the county made under this section.
Subd. 4. Nonparticipating
counties. The commissioner
shall continue to provide MinnesotaCare services using managed care and
county-based purchasing plans under sections 256B.69 and 256B.692 in counties
that choose not to participate in, or withdraw from, the health care program.
Sec.
21. Minnesota Statutes 2008, section
256L.15, subdivision 4, is amended to read:
Subd.
4. Exception
for transitioned certain adults. (a) County agencies shall pay the
enrollee share of premiums for: (1) single adults and households
with no children formerly enrolled in general assistance medical care and
enrolled in MinnesotaCare according to section 256D.03, subdivision 3, until
six-month renewal. The county agency has
the option of continuing to pay premiums for these enrollees; and (2)
single adults and households without children enrolled under section 256L.04,
subdivision 7, with gross family incomes not exceeding 75 percent of the
federal poverty guidelines.
(b)
Counties that do not participate in the health care program established under
section 256L.121 shall pay both the enrollee and state share of MinnesotaCare
premiums for individuals meeting the criteria developed for modified
MinnesotaCare coverage by the commissioner under section 256D.03, subdivision
3c.
EFFECTIVE DATE. This section is effective July 1, 2011."
Page 32,
delete section 20
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the first portion
of the Dean amendment, as amended, was adopted.
The second portion of the Dean amendment,
as amended, to S. F. No. 2168, the unofficial engrossment, as amended, reads as
follows:
Page 32,
after line 14, insert:
"Sec.
25. [256L.29]
MINNESOTACARE MODERN BENEFIT PILOT PLAN.
Subdivision
1. Eligibility. Beginning
January 1, 2012, or upon federal approval, and approval of the commissioners of
health and human services, the commissioners shall make available to up to 1000
adults who qualify for MinnesotaCare under section 256L.04, subdivision 1, with
family gross income that exceeds 133 percent of the federal poverty guidelines,
and who are not pregnant, may voluntarily enroll in the MinnesotaCare modern
benefit plan as described in this section.
All provisions of sections 256L.01 to 256L.18 shall continue to apply to
adults enrolled in the MinnesotaCare modern benefit plan unless otherwise
specified.
Subd. 2. Covered
services; deductible; co-payments.
The MinnesotaCare modern benefit plan shall include all covered
services and co-payments under section 256L.03.
In addition to the enrollee cost sharing described in section 256L.03,
subdivision 5, adults enrolled in the MinnesotaCare modern benefit plan shall
be subject to an amount to be determined by the commissioner as an annual
deductible each calendar year. All
covered services and co-payments described in this section are subject to the
enrollee's annual deductible. Enrollees
may use their health savings account (HSA) described in subdivision 4, to pay
for covered services and co-payments.
Subd. 3. Enrollment. (a) Adults who qualify for the
MinnesotaCare modern benefit plan may enroll during an annual open enrollment
period. MinnesotaCare modern benefits
will begin each year on January 1, following the open enrollment period.
(b) Adults
enrolled in the MinnesotaCare modern benefit plan who are disenrolled from the
MinnesotaCare program and then reapply, may not enroll in the MinnesotaCare
modern benefit plan until the next annual open enrollment period. Upon disenrollment, any unused funds in the
enrollee's HSA under subdivision 4 will not roll over to the next calendar
year.
Subd. 4. MinnesotaCare
modern health savings accounts (HSAs).
Beginning January 1, 2012, or upon federal approval, the commissioner
shall establish a health savings account (HSA) for each adult enrolled in the
MinnesotaCare modern benefit plan. The
HSA shall be available to the enrollee to pay for covered services and
co-payments described under subdivision 2, up to the amount of the annual
deductible. The state shall contribute
an amount to be determined by the commissioner per calendar year to each
enrollee's HSA to pay for covered services and co-payments. Any funds that remain in an enrollee's HSA at
the end of a calendar year shall be available to the enrollee the following
calendar year. Enrollees are responsible
for costs of health services incurred in excess of the state's contribution up
to the amount of the annual deductible.
Subd. 5. Premium
discount for MinnesotaCare modern enrollees. Beginning January 1, 2012, or upon federal
approval, each adult enrolled in the MinnesotaCare modern benefit plan shall
qualify for a monthly premium discount of an amount to be determined by the
commissioner. The discount shall be
applied to the family premium determined according to section 256L.15,
subdivision 2, beginning with the premium for the first month of coverage under
the MinnesotaCare modern plan."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the second portion of the Dean
amendment, as amended, and the roll was called.
There were 50 yeas and 84 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Lillie
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the second portion of the Dean
amendment, as amended, was not adopted.
The Speaker resumed the Chair.
Fritz moved to amend S. F. No. 2168, the unofficial
engrossment, as amended, as follows:
Page 29, after line 14,
insert:
"Sec. 15. [256D.033]
ABORTION NOT COVERED.
Subdivision
1. Abortion not covered.
No public funds shall be used for coverage of abortion under general
assistance medical care except where the life of the female would be endangered
or serious risk of substantial and irreversible physical impairment of a major
bodily function would result if the fetus were carried to term; or where the
pregnancy is the result of rape or incest.
This section applies to both the general assistance medical care program
in section 256D.03 and the temporary general assistance medical care program in
section 256D.031.
Subd. 2. Severability. If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application of it to any person or circumstance is found to be
unconstitutional, it is declared to be severable and the balance of this
section shall remain effective notwithstanding such unconstitutionality. The
legislature intends that it
would have passed this section, and each provision, section, subdivision,
sentence, clause, phrase, or word irrespective of the fact that any one
provision, section, subdivision, sentence, clause, phrase, or word is declared
unconstitutional.
Subd. 3. Supreme
Court jurisdiction. The
Minnesota Supreme Court has original jurisdiction over an action challenging
the constitutionality of this section and shall expedite the resolution of the
action."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Fritz amendment and the roll was
called. There were 67 yeas and 67 nays
as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Juhnke
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lenczewski
Loon
Mack
Magnus
Marquart
McFarlane
McNamara
Murdock
Murphy, M.
Nornes
Olin
Otremba
Pelowski
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Falk
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Masin
Morgan
Morrow
Mullery
Murphy, E.
Nelson
Newton
Norton
Obermueller
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
S. F. No. 2168, A bill for an act relating to health care;
establishing mental health urgent care and consultation services; modifying the
general assistance medical care program; appropriating money; amending
Minnesota Statutes 2008, sections 256.969, subdivision 27, by adding a
subdivision; 256B.0625, subdivision 13f, by adding a
subdivision; 256D.03,
subdivisions 3a, 3b; 256D.06, subdivision 7; 256L.05, subdivisions 1b, 3, 3a;
256L.07, subdivision 6; 256L.15, subdivision 4; 256L.17, subdivision 7; Minnesota
Statutes 2009 Supplement, sections 256.969, subdivisions 2b, 3a; 256B.196,
subdivision 2; 256B.199; 256D.03, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapters 245; 256D.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 125 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Drazkowski
Emmer
Hackbarth
Holberg
Kohls
Severson
Shimanski
The bill was passed, as amended, and its
title agreed to.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1481:
Solberg, Carlson and Smith.
MOTIONS AND RESOLUTIONS
Emmer moved that the name of Benson be added
as an author on H. F. No. 176.
The motion prevailed.
Rukavina moved that the name of Reinert be
added as an author on H. F. No. 737. The motion prevailed.
McNamara moved that his name be stricken
as an author on H. F. No. 916.
The motion prevailed.
Simon moved that the name of Sterner be
added as an author on H. F. No. 1206. The motion prevailed.
Johnson moved that the name of Slocum be
added as an author on H. F. No. 1457. The motion prevailed.
Severson moved that the name of Drazkowski
be added as an author on H. F. No. 1632. The motion prevailed.
Brod moved that the name of Dittrich be
added as an author on H. F. No. 1757. The motion prevailed.
Hansen moved that the name of Haws be
added as an author on H. F. No. 2116. The motion prevailed.
Murphy, E., moved that the name of Reinert
be added as an author on H. F. No. 2680. The motion prevailed.
Anderson, S., moved that the name of
Severson be added as an author on H. F. No. 2732. The motion prevailed.
Davnie moved that the name of Kiffmeyer be
added as an author on H. F. No. 2750. The motion prevailed.
Slawik moved that the name of Slocum be
added as an author on H. F. No. 2760. The motion prevailed.
Lenczewski moved that the name of Slocum
be added as an author on H. F. No. 2763. The motion prevailed.
Hornstein moved that the name of Slocum be
added as an author on H. F. No. 2793. The motion prevailed.
Hilty moved that the name of Slocum be
added as an author on H. F. No. 2797. The motion prevailed.
Hilstrom moved that the name of Slocum be
added as an author on H. F. No. 2798. The motion prevailed.
Benson moved that the name of Slocum be
added as an author on H. F. No. 2799. The motion prevailed.
Obermueller moved that the names of Lillie
and Morrow be added as authors on H. F. No. 2801. The motion prevailed.
Swails moved that the names of Dittrich
and Sanders be added as authors on H. F. No. 2804. The motion prevailed.
Juhnke moved that the name of Slocum be
added as an author on H. F. No. 2806. The motion prevailed.
Benson moved that the name of Slocum be
added as an author on H. F. No. 2821. The motion prevailed.
Bunn moved that the names of Benson and
Scott be added as authors on H. F. No. 2839. The motion prevailed.
Carlson moved that the name of Jackson be
added as an author on H. F. No. 2866. The motion prevailed.
Bigham moved that the name of Davids be
added as an author on H. F. No. 2888. The motion prevailed.
Pelowski moved that the name of Jackson be
added as an author on H. F. No. 2899. The motion prevailed.
Thissen moved that the name of Slocum be
added as an author on H. F. No. 2938. The motion prevailed.
Kalin moved that the name of Kahn be added
as an author on H. F. No. 2946.
The motion prevailed.
Dill moved that the name of Olin be added as an author on
H. F. No. 2955. The
motion prevailed.
Peterson moved that the names of Persell and Ruud be added as
authors on H. F. No. 2968.
The motion prevailed.
Pelowski moved that the name of Holberg be added as an author
on H. F. No. 2988. The
motion prevailed.
Liebling moved that the names of Kohls and Drazkowski be added
as authors on H. F. No. 2989.
The motion prevailed.
Tillberry moved that the name of Slocum be added as an author
on H. F. No. 2995. The
motion prevailed.
Jackson moved that the names of Clark and Slocum be added as
authors on H. F. No. 2998.
The motion prevailed.
Downey moved that the names of Slocum and Marquart be added as
authors on H. F. No. 3011.
The motion prevailed.
Hansen moved that the names of Nornes, Reinert and Lillie be
added as authors on H. F. No. 3015. The motion prevailed.
Hayden moved that the names of Champion and Clark be added as
authors on H. F. No. 3019.
The motion prevailed.
Dill moved that the name of Slocum be added as an author on
H. F. No. 3028. The
motion prevailed.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 1:00 p.m., Monday, February 22, 2010.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 1:00 p.m., Monday, February 22, 2010.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives