STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
ONE HUNDRED FIRST DAY
Saint Paul, Minnesota, Monday, May 10, 2010
The House of Representatives convened at 9:00
a.m. and was called to order by Doug Magnus, Speaker pro tempore.
Prayer was offered by the Reverend Jules
Erickson, All Saints Lutheran Church, Cottage Grove, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, 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
Kahn
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
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.
Peppin was excused until 2:35 p.m.
The Chief Clerk proceeded to read the
Journals of the preceding days. Nelson
moved that further reading of the Journals be dispensed with and that the
Journals be approved as corrected by the Chief Clerk. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No. 2227,
A bill for an act relating to local government; establishing Minnesota
Innovation and Research Council; imposing powers and duties of council;
appropriating money; amending Minnesota Statutes 2008, section 3.971, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 465;
repealing Minnesota Statutes 2008, section 6.80.
Reported
the same back with the following amendments:
Page 2,
line 32, after "Administration" insert ", one member
of the majority caucus and one member of the largest minority caucus"
Page 3,
line 2, after "house" insert ", one member of the
majority caucus and one member of the largest minority caucus"
Page 7,
line 32, after "comments" insert "and requests to
present oral comments"
Page 8,
line 11, after the period, insert "If a member of the public requests
to present comments or information at the hearing, the council must permit the
member of the public an opportunity to present the comments or information."
Page 15,
line 27, delete "$350,000" and insert "$50,000"
Page 15,
line 35, after the period, insert "This is a onetime appropriation."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
H. F. No. 3795, A bill for an act relating to
public safety; appropriating money to match federal disaster assistance made
available through FEMA Public Assistance Program.
Reported the same back with the following amendments:
Page 1, after line 12, insert:
"Sec. 2. Laws
2006, chapter 258, section 7, subdivision 23, is amended to read:
Subd. 23. Trail
connections 2,010,000
For
matching grants under Minnesota Statutes, section 85.019, subdivision 4c.
$500,000 is
for a grant to Carlton County to predesign, design, and construct a
nonmotorized pedestrian trail connection to the Willard Munger State Trail from
the city of Carlton through the city of Scanlon continuing to the city of
Cloquet, along the St. Louis River in Carlton County.
$260,000 is
to provide the state match for the cost of the Soo Line Multiuse Recreational
Bridge project over marked Trunk Highway 169 in Mille Lacs County.
$175,000 is
for a grant to the city of Bowlus in Morrison County to design, construct,
furnish, and equip a trailhead center at the head of the Soo Line Recreational
Trail.
$125,000 is
for a grant to Morrison County to predesign, design, construct, furnish, and
equip a park-and-ride lot and restroom building adjacent to the Soo Line
Recreational Trail at U.S. Highway 10.
$950,000 is
for a grant to the St. Louis and Lake Counties Regional Railroad Authority
for land acquisition, engineering, construction, furnishing, and equipping of a
19-mile "Boundary Waters Connection" of the Mesabi Trail from
Bearhead State Park to the International Wolf Center in Ely. This appropriation is contingent upon a
matching contribution of $950,000 from other sources, public or private. Notwithstanding Minnesota Statutes,
section 16A.642, the bond authorization and appropriation of bond proceeds for
this project are available until June 30, 2014.
Sec. 3. Laws 2008, chapter 179, section 4,
subdivision 4, is amended to read:
Subd. 4. Independent
School District No. 279, Osseo 2,000,000
For a grant
to Independent School District No. 279, Osseo, to predesign, design,
construct, furnish, and equip the Northwest Hennepin Family Center and
parking facility in Brooklyn Center.
This appropriation is not available until the commissioner has
determined that at least an equal amount has been committed from nonstate
sources.
No later
than five years after the facility opens, the school district must report to
the commissioner of education on how the facility has improved student
achievement and reduced educational disparities.
Sec. 4. Laws 2008, chapter 179, section 18,
subdivision 6, is amended to read:
Subd. 6. Hennepin
County Medical Center 820,000
For a grant
to Hennepin County to predesign and, design, construct, and
equip an outpatient clinic and health education facility at Hennepin County
Medical Center that includes teaching clinics and an education center.
Sec. 5. Laws 2009, chapter 93, article 1, section 16,
subdivision 5, is amended to read:
Subd. 5. Olmsted
County - Steam Line Extension 5,000,000
For a grant
to Olmsted County to design and construct approximately 1.25 miles of a new
steam pipeline from the Olmsted Waste-to-Energy Facility to the Rochester
Community and Technical College Campus, supplying steam heat and cooling from a
renewable energy source. Any portion
of this appropriation remaining after the construction is completed is
reappropriated to the Board of Trustees of the Minnesota State Colleges and
Universities to convert heating and cooling systems within existing Rochester
Community and Technical College buildings from electrical energy to
steam-derived energy.
This
appropriation is not available until the commissioner has determined that at
least an equal amount has been committed from Olmsted County.
Sec. 6. APPROPRIATIONS
MADE ONLY ONCE.
If the
appropriations made in this act are enacted more than once in the 2010 regular
session, these appropriations must be given effect only once."
Page 1,
line 14, delete "Section 1" and insert "This act"
Renumber
the sections in sequence
Amend the
title as follows:
Page 1,
line 2, delete "public safety" and insert "state
government"
Page 1,
line 3, before the period, insert "; modifying previous
appropriations"
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
H. F. No. 3796, A bill for an act relating to
public safety; appropriating money to match federal disaster assistance made
available through FEMA Public Assistance Program.
Reported the same back with the following amendments:
Page 1, after line 12, insert:
"Sec. 2. APPROPRIATIONS MADE ONLY ONCE.
If the appropriations made in this act are enacted more than
once in the 2010 regular session, these appropriations must be given effect
only once."
Page 1, line 14, delete "Section 1 is" and
insert "Sections 1 and 2 are"
Renumber the sections in sequence and correct the internal
references
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 1679, A bill for an act relating to
public employment; authorizing retirement incentives.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. RETIREMENT INCENTIVE.
Subdivision 1.
Eligibility. (a) An eligible appointing authority
may provide the retirement incentive in this section to an employee who:
(1) has at least 15 years of allowable service in one or more
of the funds listed in Minnesota Statutes, section 356.30, subdivision 3, or
has at least 15 years of coverage by the individual retirement account plan
governed by Minnesota Statutes, chapter 354B, and upon retirement is
immediately eligible for a retirement annuity or benefit from one or more of
these funds;
(2) accepts the incentive no later than December 31, 2010,
and retires no later than June 30, 2011; and
(3) is not in receipt of a retirement plan, retirement
annuity, retirement allowance, or service pension from a fund listed in
Minnesota Statutes, section 356.30, subdivision 3, during the month preceding
the termination of qualified employment.
(b) An eligible appointing authority is any appointing
authority in the executive, legislative, or judicial branch of state
government, the Public Employees Retirement Association, the Minnesota State
Retirement System, the Teachers Retirement Association, or the Minnesota State
Colleges and Universities.
(c) An elected official is not eligible to receive an
incentive under this section.
(d) An employee who, after termination of employment, receives
an employer contribution for health insurance, may not receive a payment for
health insurance under this section from that appointing authority.
Subd. 2.
Incentive. For an employee eligible under
subdivision 1, the appointing authority will deposit into the employee's
account in the health care savings plan established in Minnesota Statutes,
section 352.98, up to 24 months of the employer contribution, as specified in
the collective bargaining agreement or compensation plan covering the position
from which the employee terminates service, for health and dental insurance for
the employee, and, if the employee had dependent coverage immediately before
retirement, for the employee's dependents.
The contributions provided under this section are those the employee was
receiving as of the date of termination, subject to any changes in
contributions specified in the collective bargaining agreement or compensation
plan covering the position from which the employee terminated service.
Subd. 3.
Employer discretion;
implementation. Provision of
an incentive under this section is at the discretion of the appointing
authority. Appointing authorities in the
executive branch must apply for approval from the commissioner of management
and budget before providing early retirement incentives under this section. All appointing authorities and the
commissioner's review must give consideration to issues such as equity within
the agency, budgetary constraints, and workforce planning concerns. The appointing authority will determine the
date of retirement upon consultation with the employee. Unilateral implementation of this section by
the appointing authority is not an unfair labor practice under Minnesota
Statutes, chapter 179A.
Subd. 4.
Acceptance. An employee who is eligible for an
incentive under this section, who is offered an incentive by the appointing
authority, and who accepts the incentive offer, must do so in writing. A copy of the acceptance document must be
provided by the appointing authority to the applicable retirement plan within
15 days of its execution.
Subd. 5. Reemployment
prohibition. An individual
who receives an incentive payment under this section may not be reemployed or
hired as a consultant by any agency or entity that participates in the State
Employee Group Insurance Program for a period of three years after termination
of service.
Subd. 6.
Report. The commissioner of management and
budget must report to the legislature by April 2, 2011, regarding use of the
retirement incentive for calendar year 2010, with a recommendation regarding
renewal of the incentive.
Sec. 2. EFFECTIVE DATE.
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to retirement; authorizing
retirement incentives; requiring a report."
With the recommendation that when so amended the bill pass.
The report was adopted.
SECOND READING OF SENATE BILLS
S. F. No. 1679 was read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Bunn, Ruud, Peterson, Scalze, Rosenthal,
Gardner and Murphy, E., introduced:
H. F. No. 3837, A bill for an act relating
to human services; modifying coverage and payment rates for rehabilitative
services and medical supplies and equipment; amending Minnesota Statutes 2008,
sections 256B.04, subdivision 14; 256B.0625, subdivisions 8, 8a, 8b, 31, by
adding a subdivision; Minnesota Statutes 2009 Supplement, section 256B.0653,
subdivision 5.
The bill was read for the first time and
referred to the Committee on Finance.
MESSAGES
FROM THE SENATE
The following messages were received from
the Senate:
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2918, A bill for an act relating to
retirement; various retirement plans; increasing certain contribution rates;
suspending certain postretirement adjustments; reducing certain postretirement
adjustment increase rates; reducing interest rates on refunds; reducing
deferred annuity augmentation rates; eliminating interest on reemployed
annuitant earnings limitation deferred accounts; increasing certain vesting
requirements; increasing certain early retirement reduction rates; reducing
certain benefit accrual rates; extending certain amortization periods; making
changes of an administrative nature for retirement plans administered by the
Minnesota State Retirement Association; revising insurance withholding for
certain retired public employees; authorizing state patrol plan service credit
for leave procedures; addressing plan coverage errors and omitted
contributions; revising unlawful discharge annuity repayment requirements;
requiring employment unit accommodation of daily valuation of investment accounts;
eliminating administrative fee maximum for the unclassified state employees
retirement program; making changes of an administrative nature in the general
employees retirement plan of the Public Employees Retirement Association, the
public employees police and fire retirement plan, and the defined contribution
retirement plan; making various administrative modifications in the voluntary
statewide lump-sum volunteer firefighter retirement plan of the Public
Employees Retirement Association; revising purchase of salary credit procedures
in certain partial salary situations; adding new partial salary credit purchase
authority for partial paid medical leaves and budgetary leaves; redefining TRA
allowable service credit; defining annual base salary; requiring base salary
reporting by TRA-covered employing units; making changes of an administrative
nature in the Minnesota State Colleges and Universities System individual
retirement account plan; setting deadline dates for actuarial reporting;
extending and revising an early retirement incentive program; permitting the
court-ordered revocation of an optional annuity election in certain marriage
dissolutions; transfer of the administrative functions of the Minneapolis
Employees Retirement Fund to the Public Employees Retirement Association;
creation of MERF consolidation account within the Public Employees Retirement
Association; making various technical corrections relating to volunteer fire
relief associations; revising break-in-service return to firefighting authorizations;
authorizing Minnesota deferred compensation plan service pension transfers;
revising payout defaults in survivor benefits; authorizing corrections of
certain special fund deposits; requiring a retirement fund investment authority
study; authorizing certain bylaw amendments; making technical
changes; appropriating money; amending Minnesota Statutes 2008, sections 3A.02,
subdivision 4; 11A.04; 11A.23, subdivision 4; 13D.01, subdivision 1; 43A.17,
subdivision 9; 43A.316, subdivision 8; 69.021, subdivision 10; 69.051,
subdivision 3; 126C.41, subdivision 3; 256D.21; 352.01, subdivision 2a; 352.03,
subdivision 4; 352.04, subdivision 9; 352.113, subdivision 1; 352.115,
subdivisions 1, 10; 352.12, subdivision 2; 352.22, subdivisions 2, 3; 352.72,
subdivisions 1, 2; 352.91, by adding a subdivision; 352.93, subdivisions 1, 2a,
3a; 352.931, subdivision 1; 352.965, subdivisions 1, 2, 6; 352B.02, as amended;
352B.08, subdivisions 1, 2a; 352B.11, subdivision 2b; 352B.30, subdivisions 1,
2; 352D.015, subdivisions 4, 9, by adding a subdivision; 352D.02, subdivisions
1c, 2, 3; 352D.03; 352D.04, subdivisions 1, 2; 352D.05, subdivisions 3, 4;
352D.06, subdivision 3; 352D.065, subdivision 3; 352D.09, subdivisions 3, 7;
352F.07; 353.01, subdivisions 2b, 2d, by adding subdivisions; 353.0161,
subdivision 2; 353.03, subdivision 1; 353.05; 353.27, as amended; 353.29,
subdivision 1; 353.30, subdivision 1c; 353.32, subdivisions 1, 1a; 353.34,
subdivisions 1, 2, 3, 6; 353.37, subdivisions 1, 2, 3, 3a, 4, 5; 353.46, subdivisions
2, 6; 353.64, subdivision 7; 353.651, subdivisions 1, 4; 353.657, subdivisions
1, 2a; 353.71, subdivisions 1, 2, 4; 353.86, subdivisions 1, 2; 353.87,
subdivisions 1, 2; 353.88; 353D.01, subdivision 2; 353D.03, subdivision 1;
353D.04, subdivisions 1, 2; 353E.04, subdivisions 1, 4; 353E.07, subdivisions
1, 2; 353F.025, subdivisions 1, 2; 353F.03; 354.05, by adding a subdivision;
354.07, subdivision 5; 354.091; 354.42, subdivisions 3, 7, by adding
subdivisions; 354.52, subdivision 6, by adding a subdivision; 354.66,
subdivision 3; 354.71; 354A.011, subdivision 27; 354A.12, subdivisions 1, 3c,
by adding a subdivision; 354A.27, subdivisions 5, 6, by adding a subdivision;
354A.31, subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions 2, 3, 4;
354A.39; 354B.25, subdivisions 1, 3; 354C.14; 355.095, subdivision 1; 356.214,
subdivision 1; 356.215, subdivisions 3, 8; 356.216; 356.24, subdivision 1;
356.30, subdivisions 1, 3; 356.302, subdivisions 1, 3, 4, 5, 7; 356.303,
subdivisions 2, 4; 356.315, subdivision 5; 356.351, subdivision 1; 356.407,
subdivision 2; 356.431, subdivision 1; 356.465, subdivision 3; 356.47,
subdivision 3; 356.50, subdivision 4; 356.64; 356.65, subdivision 2; 356.91;
356.96, subdivisions 2, 3, 7, 8; 356A.06, subdivision 8; 422A.101, subdivision
3; 422A.26; 473.511, subdivision 3; 473.606, subdivision 5; 475.52, subdivision
6; 490.123, by adding a subdivision; 518.58, subdivisions 3, 4; Minnesota
Statutes 2009 Supplement, sections 6.67; 69.011, subdivision 1; 69.031,
subdivision 5; 69.772, subdivision 6; 69.773, subdivision 6; 352.01,
subdivision 2b; 352.75, subdivision 4; 352.95, subdivision 2; 352B.011,
subdivision 3; 353.01, subdivisions 2, 2a, 16; 353.06; 353.27, subdivisions 2,
3, 7; 353.33, subdivision 1; 353.371, subdivision 4; 353.65, subdivisions 2, 3;
353F.02, subdivision 4; 353G.05, subdivision 2; 353G.06, subdivision 1;
353G.08; 353G.09, subdivision 3; 353G.11, subdivision 1, by adding a
subdivision; 354.42, subdivision 2; 354.47, subdivision 1; 354.49, subdivision
2; 354.52, subdivision 4b; 354.55, subdivision 11; 354A.12, subdivision 2a;
356.20, subdivision 2; 356.215, subdivision 11; 356.32, subdivision 2; 356.351,
subdivision 2; 356.401, subdivision 3; 356.415, subdivisions 1, 2, by adding
subdivisions; 356.96, subdivisions 1, 5; 423A.02, subdivision 3; 424A.01,
subdivisions 1, 6; 424A.015, by adding a subdivision; 424A.016, subdivisions 4,
7; 424A.02, subdivisions 9, 10; 424A.05, subdivision 3, by adding a
subdivision; 424A.08; 480.181, subdivision 2; Laws 2006, chapter 271, article
3, section 43, as amended; Laws 2009, chapter 169, article 4, section 49;
article 5, section 2; article 7, section 4; proposing coding for new law in
Minnesota Statutes, chapters 352B; 353; 353G; 356; repealing Minnesota Statutes
2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; 352.91,
subdivision 5; 353.01, subdivision 40; 353.46, subdivision 1a; 353.88; 353D.03,
subdivision 2; 353D.12; 354A.27, subdivision 1; 354C.15; 356.43; 422A.01,
subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02;
422A.03; 422A.04; 422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8;
422A.06, subdivisions 1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09;
422A.10; 422A.101, subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14,
subdivision 1; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1,
2, 3, 4, 5, 6, 7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7;
422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23,
subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25;
Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision 8; 422A.08,
subdivision 5; 424A.001, subdivision 6; Laws 2009, chapter 169, article 10,
section 32.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has
appointed as such committee:
Senators Betzold, Pappas, Lynch, Dille and Higgins.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Sertich moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 5
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2918. The motion prevailed.
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2933, A bill for an act relating to
human services; making changes to continuing care policy and technical
provisions; amending Minnesota Statutes 2008, sections 245A.03, by adding a
subdivision; 626.557, subdivision 9a; Minnesota Statutes 2009 Supplement,
sections 144.0724, subdivision 11; 256B.0625, subdivision 19c; 256B.0651, by
adding a subdivision; 256B.0652, subdivision 6; 256B.0659, subdivisions 4, 10,
11, 13, 21, 30, by adding a subdivision; 256B.0911, subdivision 2b.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has
appointed as such committee:
Senators Lourey, Marty and Frederickson.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Hosch moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2933. The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced
his intention to place S. F. No. 2900; and
H. F. Nos. 3051 and 2753 on the Fiscal Calendar for Monday, May
10, 2010.
Sertich moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Emmer was excused between the hours of
1:30 p.m. and 2:20 p.m.
MESSAGES
FROM THE SENATE, Continued
The
following messages were received from the Senate:
Madam Speaker:
I
hereby announce the passage by the Senate of the following House File, herewith
returned:
H. F. No. 3660,
A bill for an act relating to claims against the state; providing for
settlement of certain claims; appropriating money.
Colleen J. Pacheco, First Assistant Secretary of the Senate
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2642,
A bill for an act relating to legislation; correcting erroneous, ambiguous, and
omitted text and obsolete references; eliminating redundant, conflicting, and
superseded provisions; making miscellaneous technical corrections to laws and
statutes; amending Minnesota Statutes 2008, sections 3.7393, subdivision 12;
12A.05, subdivision 3; 13.321, subdivision 10; 13.411, subdivision 5; 13.861,
subdivision 2; 16B.24, subdivision 5; 16D.11, subdivision 7; 53C.01,
subdivision 12a; 84.797, subdivision 6; 84.803, subdivision 2; 84.8045;
115A.932, subdivision 1; 116.155, subdivision 3; 125A.64, subdivision 6;
126C.55, subdivision 6; 128D.03, subdivision 2; 129C.10, subdivision 8;
136F.61; 168.002, subdivision 13; 168.013, subdivision 1; 169.67, subdivision
1; 190.025, subdivision 3; 214.04, subdivision 1; 216B.1691, subdivision 1;
245A.18, subdivision 2; 256L.04, subdivision 1; 260C.301, subdivision 1;
270.41, subdivision 5; 273.1115, subdivisions 1, 3; 273.124, subdivision 11;
290.0921, subdivision 3a; 297A.61, subdivision 3; 309.72; 325F.675, subdivision
6; 325F.732, subdivision 2; 332.37; 332.40, subdivision 2; 332.52, subdivision
3; 374.02; 469.154, subdivision 3; 473.599, subdivision 8; 490.133; 507.071,
subdivision 16; 515B.1-102; Minnesota Statutes 2009 Supplement, sections
16A.126, subdivision 1; 16C.138, subdivision 2; 47.60, subdivisions 4, 6;
53.09, subdivision 2; 69.772, subdivision 6; 116J.401, subdivision 2; 120B.30,
subdivisions 1, 2; 122A.60, subdivision 2; 124D.10, subdivisions 3, 8, 14, 15,
23, 25; 152.025; 168.33, subdivision 7; 169.011, subdivision 71; 169.865,
subdivision 1; 176.135, subdivision 8; 246B.06, subdivision 7; 256.969,
subdivision 3b; 256B.0659, subdivision 3; 256B.5012, subdivision 8; 260C.212,
subdivision 7; 270.97; 270C.445, subdivision 7; 299A.61, subdivision 1;
332B.07, subdivisions 1, 4; 332B.09, subdivision 3; 424A.02, subdivision 10;
524.5-701; 571.914, subdivision 4; 626.557, subdivision 20; Laws 2009, chapter
78, article 8, section 22, subdivision 3; Laws 2009, chapter 79, article 10,
section 48; Laws 2009, chapter 88, article 5, section 17; Laws 2009, chapter
172, article 1, section 2, subdivision 5; repealing Minnesota Statutes 2008,
sections 13.6435, subdivision 9; 15.38, subdivision 5; 168.098; 256B.041,
subdivision 5; 256D.03, subdivision 5; Laws 2005, First Special Session chapter
4, article 8, section 87; Laws 2006, chapter 277, article 1, sections 1; 3;
Laws 2008, chapter 287, article 1, section 104; Laws 2008, chapter 300, section
6; Laws 2009, chapter 78, article 4, section 41; Laws 2009, chapter 88, article
6, sections 14; 15; 16; Laws 2009, chapter 169, article 10, section 32;
Minnesota Rules, parts 9525.0750; 9525.0760; 9525.0770; 9525.0780; 9525.0790; 9525.0800;
9525.0810; 9525.0820; 9525.0830.
The Senate
respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators
Moua, Chaudhary, Ingebrigtsen, Rest and Skogen.
Said Senate
File is herewith transmitted to the House with the request that the House
appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Jackson moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 5
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2642. The motion prevailed.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2737.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2737
A bill for
an act relating to state government; changing certain pesticide control
provisions; authorizing waiver of a fee; providing for control of bovine
tuberculosis; eliminating the native grasses and wildflower seed production and
incentive program; authorizing ownership of agricultural land by certain
nonprofit corporations; requiring tree care and tree trimming company
registration; regulating certain sale and distribution of firewood; authorizing
individuals and entities to take certain easements in agricultural land;
allowing a temporary lien for livestock production inputs for 45 days following
a mediation request requiring reports; clarifying the role of the commissioner
and Department of Veterans Affairs in providing certain resources for the
county veterans service offices; modifying a residency requirement for purposes
of eligibility for higher educational benefits for the surviving spouse and
children of a deceased veteran who dies as a result of military service;
repealing authorization for a license plate; repealing a requirement that the
Department of Veterans Affairs report on the status of a construction project
priority listing; appropriating money; amending Minnesota Statutes 2008,
sections 3.737, subdivision 4; 17.03, by adding a subdivision; 18B.31,
subdivision 5; 18B.36, subdivision 1; 18B.37, subdivision 4; 18G.07; 28A.082,
subdivision 1; 35.244, subdivisions 1, 2; 197.60, subdivision 1; 197.601; 197.605;
197.606; 197.609, subdivisions 1, 2; 197.75, subdivision 1; 239.092; 239.093;
500.221, subdivisions 2, 4; 500.24, subdivision 2; 514.965, subdivision 2;
514.966, subdivision 6, by adding a subdivision; Minnesota Statutes 2009
Supplement, sections 3.737, subdivision 1; 18B.316, subdivision 10; Laws 2008,
chapter 296, article 1, section 25; proposing coding for new law in Minnesota
Statutes, chapters 17; 38; repealing Minnesota Statutes 2008, sections 17.231;
168.1251; 343.26; Laws 2009, chapter 94, article 3, section 23.
May 6, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2737 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2737 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
AGRICULTURE
Section 1. Minnesota Statutes 2009 Supplement, section
3.737, subdivision 1, is amended to read:
Subdivision
1. Compensation
required. (a) Notwithstanding
section 3.736, subdivision 3, paragraph (e), or any other law, a livestock
owner shall be compensated by the commissioner of agriculture for livestock
that is destroyed by a gray wolf or is so crippled by a gray wolf that it must
be destroyed. Except as provided in this
section, the owner is entitled to the fair market value of the destroyed
livestock as determined by the commissioner, upon recommendation of the fair
market value by a university extension agent or a conservation officer. In any fiscal year, a livestock owner may not
be compensated for a destroyed animal claim that is less than $100 in value and
may be compensated up to $20,000, as determined under this section. In any fiscal year, the commissioner may
provide compensation for claims filed under this section up to the amount
expressly appropriated for this purpose.
(b) Either
the agent or the A university extension agent, a conservation
officer, an official from the Animal and Plant Health Inspection Service of
the United States Department of Agriculture, a peace officer from the county
sheriff's office, or a licensed veterinarian must make a personal
inspection of the site and submit a report to the commissioner, including
photographs, detailing the results of the investigation. The agent or the conservation officer
The investigator must take into account factors in addition to a visual
identification of a carcass when making a recommendation to the commissioner. The commissioner, upon recommendation of the agent
or conservation officer investigator, shall determine whether the
livestock was destroyed by a gray wolf and any deficiencies in the owner's
adoption of the best management practices developed in subdivision 5. The commissioner may authorize payment of
claims only if the agent or the conservation officer has recommended payment. The owner shall file a claim on forms
provided by the commissioner and available at the university extension agent's
office.
Sec. 2. Minnesota Statutes 2008, section 3.737,
subdivision 4, is amended to read:
Subd. 4. Payment;
denial of compensation. (a) If the
commissioner finds that the livestock owner has shown that the loss of the
livestock was likely caused by a gray wolf, the commissioner shall pay
compensation as provided in this section and in the rules of the department.
(b) For
a gray wolf depredation claim submitted by a livestock owner after September 1,
1999, the commissioner shall, based on the report from the university extension
agent and conservation officer, evaluate the claim for conformance with the
best management practices developed by the commissioner in subdivision 5. The commissioner must provide to the
livestock owner an itemized list of any deficiencies in the livestock owner's
adoption of best management practices that were noted in the university
extension agent's or conservation officer's report.
(c) If the
commissioner denies compensation claimed by an owner under this section, the
commissioner shall issue a written decision based upon the available evidence. It shall include specification of the facts
upon which the decision is based and the conclusions on the material issues of
the claim. A copy of the decision shall
be mailed to the owner.
(d) (c) A decision
to deny compensation claimed under this section is not subject to the contested
case review procedures of chapter 14, but may be reviewed upon a trial de novo
in a court in the county where the loss occurred. The decision of the court may be appealed as
in other civil cases. Review in court
may be obtained by filing a
petition
for review with the administrator of the court within 60 days following receipt
of a decision under this section. Upon
the filing of a petition, the administrator shall mail a copy to the
commissioner and set a time for hearing within 90 days of the filing.
Sec. 3. Minnesota Statutes 2008, section 13.635, is
amended by adding a subdivision to read:
Subd. 5. Secretary
of state. Social Security
numbers and tax identification numbers maintained by the secretary of state in
filing systems are classified under sections 336.9-531 and 336A.14.
Sec. 4. Minnesota Statutes 2008, section 17.03, is
amended by adding a subdivision to read:
Subd. 11a. Permitting
efficiency goal and report. (a)
It is the goal of the Department of Agriculture that environmental and resource
management permits be issued or denied within 150 days of the submission of a
completed permit application. The
commissioner of agriculture shall establish management systems designed to
achieve the goal.
(b) The
commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1 and August 1
of each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting
the goal, steps that will be taken to complete action on the application, and
the expected timeline. In stating the
reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific
or technical disagreements, or the level of public engagement. The report must specify the number of days
from initial submission of the application to the day of determination that the
application is complete. The report for
the final quarter of the fiscal year must aggregate the data for the year and
assess whether program or system changes are necessary to achieve the goal. The report must be posted on the department
Web site and submitted to the governor and the chairs of the house of
representatives and senate committees having jurisdiction over agriculture
policy and finance.
(c) The
commissioner shall allow electronic submission of environmental review and
permit documents to the department.
Sec. 5. [17.459]
HORSES.
Subdivision
1. Classification as livestock.
Horses and other equines raised for the purposes of riding, driving,
farm or ranch work, competition, racing, recreation, sale, or as breeding stock
are livestock. Horses and their products
are livestock and farm products for purposes of financial transactions and
collateral.
Subd. 2. Agricultural
pursuit. Raising horses and
other equines is agricultural production and an agricultural pursuit.
Subd. 3. Nonapplicability
for property tax laws. This
section does not apply to the treatment of land used for raising horses under
chapter 273.
Sec. 6. Minnesota Statutes 2008, section 18B.31,
subdivision 5, is amended to read:
Subd. 5. Application
fee. (a) An application for a
pesticide dealer license must be accompanied by a nonrefundable application fee
of $150.
(b) If an
application for renewal of a pesticide dealer license is not filed before January
1 of the year for which the license is to be issued expires,
an additional fee of $20 50 percent of the application fee must
be paid by the applicant before the commissioner may issue the license is
issued.
Sec. 7. Minnesota Statutes 2009 Supplement, section
18B.316, subdivision 10, is amended to read:
Subd. 10. Application
fee. (a) An application for an
agricultural pesticide dealer license, or a renewal of an agricultural
pesticide dealer license, must be accompanied by a nonrefundable fee of $150.
(b) If an
application for renewal of an agricultural pesticide dealer license is not
filed before January of the year for which the license is to be
issued expires, an additional fee of 50 percent of the application
fee must be paid by the applicant before the commissioner may issue the
license.
Sec. 8. Minnesota Statutes 2008, section 18B.36,
subdivision 1, is amended to read:
Subdivision
1. Requirement. (a) Except for a licensed commercial or
noncommercial applicator, only a certified private applicator may use a
restricted use pesticide to produce an agricultural commodity:
(1) as a
traditional exchange of services without financial compensation;
(2) on a
site owned, rented, or managed by the person or the person's employees; or
(3) when
the private applicator is one of two or fewer employees and the owner or
operator is a certified private applicator or is licensed as a noncommercial
applicator.
(b) A private
applicator person may not purchase a restricted use pesticide
without presenting a license card, certified private applicator card,
or the card number.
Sec. 9. Minnesota Statutes 2008, section 18B.37,
subdivision 4, is amended to read:
Subd. 4. Storage,
handling, incident response, and disposal plan. A commercial pesticide dealer,
agricultural pesticide dealer, or a commercial, noncommercial, or
structural pest control applicator or the business that the applicator is
employed by must develop and maintain a plan that describes its pesticide
storage, handling, incident response, and disposal practices. The plan must be kept at a principal business
site or location within this state and must be submitted to the commissioner
upon request on forms provided by the commissioner. The plan must be available for inspection by
the commissioner.
Sec. 10. Minnesota Statutes 2008, section 18G.07, is
amended to read:
18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRY
REGISTRATION.
Subdivision
1. Creation
of registry. (a) The
commissioner shall maintain a list of all persons and companies that provide
tree care or tree trimming services in Minnesota. All tree care providers, tree trimmers, and
persons who remove trees, limbs, branches, brush, or shrubs for hire must provide
the following information to be registered by the commissioner:.
(b) Persons
or companies who are required to be registered under paragraph (a), must
register annually by providing the following to the commissioner:
(1)
accurate and up-to-date business name, address, and telephone number;
(2) a
complete list of all Minnesota counties in which they work; and
(3) a
complete list of persons in the business who are certified by the International
Society of Arborists a nonrefundable fee of $25 for initial application
or renewing the registration.
(c) All
persons and companies required to be registered under paragraph (a) must
register before conducting the activities specified in paragraph (a). Annual registration expires December 31, must
be renewed annually, and the renewal fee remitted by January 7 of the year for
which it is issued. In addition, a
penalty of ten percent of the renewal fee due must be charged for each month,
or portion of a month, that the fee is delinquent up to a maximum of 30 percent
for any application for renewal postmarked after December 31.
Subd. 2. Information
dissemination. The commissioner
shall provide registered tree care companies with information and data
regarding any existing or potential regulated forest pest infestations within
the state.
Subd. 3. Violation. It is unlawful for a person to
advertise tree care or tree trimming services in Minnesota without being
registered with the commissioner.
EFFECTIVE DATE. This
section is effective January 1, 2011.
Sec. 11. Minnesota Statutes 2008, section 28A.082,
subdivision 1, is amended to read:
Subdivision
1. Fees;
application. The fees for review of
food handler facility floor plans under the Minnesota Food Code are based upon
the square footage of the structure being newly constructed, remodeled, or
converted. The fees for the review shall
be:
square
footage review
fee
0
- 4,999................................................ $200.00
5,000
- 24,999................................................ $275.00
25,000
plus................................................ $425.00
The applicant must submit
the required fee, review application, plans, equipment specifications,
materials lists, and other required information on forms supplied by the
department at least 30 days prior to commencement of construction, remodeling,
or conversion. The commissioner may
waive this fee after determining that the facility's principal mode of business
is not the sale of food and that the facility sells only prepackaged foods.
Sec. 12. Minnesota Statutes 2008, section 35.244,
subdivision 1, is amended to read:
Subdivision 1. Designation
of zones. The board has the
authority to may establish zones for the control and eradication
of tuberculosis and restrict the movement of cattle, bison, goats,
and farmed cervidae within and between tuberculosis zones in the state. Zones within the state may be designated
as accreditation preparatory, modified accredited, modified accredited
advanced, or accredited free as those terms are defined in Code of Federal
Regulations, title 9, part 77. The board
may designate bovine tuberculosis control zones that contain not more than 325
herds.
Sec. 13. Minnesota Statutes 2008, section 35.244,
subdivision 2, is amended to read:
Subd. 2. Requirements
within a tuberculosis control within modified accredited zone. In a modified accredited
tuberculosis control zone, the board has the authority to may:
(1) require owners of
cattle, bison, goats, or farmed cervidae to report personal contact information
and location of livestock to the board;
(2) require a permit or
movement certificates for all cattle, bison, goats, and farmed cervidae moving
between premises within the zone or leaving or entering the zone;
(3) require official
identification of all cattle, bison, goats, and farmed cervidae within the zone
or leaving or entering the zone;
(4) require a whole-herd
tuberculosis test on each herd of cattle, bison, goats, or farmed cervidae when
any of the animals in the herd is kept on a premises within the zone;
(5) require a negative
tuberculosis test within 60 days prior to movement for any individual cattle,
bison, goat, or farmed cervidae moved from a premises in the zone to another
location in Minnesota, with the exception of cattle moving under permit
directly to a slaughter facility under state or federal inspection;
(6) require a whole-herd
tuberculosis test within 12 months prior to moving cattle, bison, goats, or
farmed cervidae from premises in the zone to another location in Minnesota;
(7) require annual herd
inventories on all cattle, bison, goat, or farmed cervidae herds; and
(8) require that a risk
assessment be performed to evaluate the interaction of free-ranging deer and
elk with cattle, bison, goat, and farmed cervidae herds and require the owner
to implement the recommendations of the risk assessment.
Sec. 14. [38.345]
APPROPRIATIONS BY MUNICIPALITIES.
The council
of any city and the board of supervisors of any town may spend money for county
extension work, as provided in sections 38.33 to 38.38.
Sec. 15. Minnesota Statutes 2008, section 239.092, is
amended to read:
239.092 SALE FROM BULK.
(a) Bulk sales of
commodities, when the buyer and seller are not both present to witness the
measurement, must be accompanied by a delivery ticket containing the following
information:
(1) the name and address of
the person who weighed or measured the commodity;
(2) the date delivered;
(3) the quantity delivered;
(4) the count of
individually wrapped packages delivered, if more than one is included in the
quantity delivered;
(5) the quantity on which
the price is based, if different than the quantity delivered; and
(6) the identity of the
commodity in the most descriptive terms commercially practicable, including
representations of quality made in connection with the sale.
(b) This section is not
intended to conflict with the bulk sale requirements of the Department of
Agriculture. If a conflict occurs, the
law and rules of the Department of Agriculture govern.
(c) Firewood sold or
distributed across state boundaries or more than 100 miles from its origin must
include delivery ticket information regarding the harvest locations of the wood
by county and state.
(d)
Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.
Sec. 16. Minnesota Statutes 2008, section 239.093, is
amended to read:
239.093 INFORMATION REQUIRED WITH PACKAGE.
(a) A package offered,
exposed, or held for sale must bear a clear and conspicuous declaration of:
(1) the identity of the
commodity in the package, unless the commodity can be easily identified through
the wrapper or container;
(2) the net quantity in terms
of weight, measure, or count;
(3) the name and address of
the manufacturer, packer, or distributor, if the packages were not produced on
the premises where they are offered, exposed, or held for sale; and
(4) the unit price, if the
packages are part of a lot containing random weight packages of the same
commodity.
(b) This section is not
intended to conflict with the packaging requirements of the Department of
Agriculture. If a conflict occurs, the
laws and rules of the Department of Agriculture govern.
(c) Firewood sold or
distributed across state boundaries or more than 100 miles from its origin must
include information regarding the harvest locations of the wood by county and
state on each label or wrapper.
(d)
Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.
Sec. 17. Minnesota Statutes 2009 Supplement, section
239.791, subdivision 1, is amended to read:
Subdivision 1. Minimum
ethanol content required. (a) Except
as provided in subdivisions 10 to 14, a person responsible for the product
shall ensure that all gasoline sold or offered for sale in Minnesota must
contain at least the quantity of ethanol required by clause (1) or (2),
whichever is greater:
(1) 10.0 percent denatured
ethanol by volume; or
(2) the maximum percent of
denatured ethanol by volume authorized in a waiver granted by the United States
Environmental Protection Agency under section 211(f)(4) of the Clean Air
Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
(b) For purposes of
enforcing the minimum ethanol requirement of paragraph (a), clause (1), a
gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and other permitted contaminants
components, comprises not less than 9.2 percent by volume and not more
than 10.0 percent by volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol/ether content in engine fuels.
(c) The provisions of this
subdivision are suspended during any period of time that subdivision 1a,
paragraph (a), is in effect.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 18. Minnesota Statutes 2009 Supplement, section
239.791, subdivision 1a, is amended to read:
Subd. 1a. Minimum
ethanol content required. (a) Except
as provided in subdivisions 10 to 14, on August 30, 2013, and thereafter, a
person responsible for the product shall ensure that all gasoline sold or
offered for sale in Minnesota must contain at least the quantity of ethanol
required by clause (1) or (2), whichever is greater:
(1) 20 percent denatured
ethanol by volume; or
(2) the maximum percent of
denatured ethanol by volume authorized in a waiver granted by the United States
Environmental Protection Agency under section 211(f)(4) of the Clean Air
Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
(b) For purposes of enforcing
the minimum ethanol requirement of paragraph (a), clause (1), a
gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and other permitted contaminants
components, comprises not less than 18.4 percent by volume and not more
than 20 percent by volume of the blend as determined by an appropriate United
States Environmental Protection Agency or American Society of Testing Materials
standard method of analysis of alcohol content in motor fuels.
(c) No
motor fuel shall be deemed to be a defective product by virtue of the fact that
the motor fuel is formulated or blended pursuant to the requirements of
paragraph (a) under any theory of liability except for simple or willful
negligence or fraud. This paragraph does
not preclude an action for negligent, fraudulent, or willful acts. This paragraph does not affect a person whose
liability arises under chapter 115, water pollution control; 115A, waste
management; 115B, environmental response and liability; 115C, leaking
underground storage tanks; or 299J, pipeline safety; under public nuisance law
for damage to the environment or the public health; under any other
environmental or public health law; or under any environmental or public health
ordinance or program of a municipality as defined in section 466.01.
(d) (c)
This subdivision expires on December 31, 2010 2012, if by that
date:
(1) the commissioner of
agriculture certifies and publishes the certification in the State Register
that at least 20 percent of the volume of gasoline sold in the state is
denatured ethanol; or
(2) federal approval has not
been granted under paragraph (a), clause (1).
The United States Environmental Protection Agency's failure to act on an
application shall not be deemed approval under paragraph (a), clause (1), or a
waiver under section 211(f)(4) of the Clean Air Act, United States Code, title
42, section 7545, subsection (f), paragraph (4).
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 19. Minnesota Statutes 2008, section 239.791, is
amended by adding a subdivision to read:
Subd. 2a. Federal
Clean Air Act waivers; conditions. (a)
Before a waiver granted by the United States Environmental Protection Agency
under section 211(f)(4) of the Clean Air Act, United States Code, title 42,
section 7545, subsection (f), paragraph (4), may alter the minimum content
level required by subdivision 1, paragraph (a), clause (2), or subdivision 1a,
paragraph (a), clause (2), the waiver must:
(1) apply
to all gasoline-powered motor vehicles irrespective of model year; and
(2) allow
for special regulatory treatment of Reid vapor pressure under Code of Federal
Regulations, title 40, section 80.27(d), for blends of gasoline and ethanol up
to the maximum percent of denatured ethanol by volume authorized under the
waiver.
(b) The
minimum ethanol requirement in subdivision 1, paragraph (a), clause (2), or
subdivision 1a, paragraph (a), clause (2), shall, upon the grant of the federal
waiver, be effective the day after the commissioner of commerce publishes
notice in the State Register. In making
this determination, the commissioner shall consider the amount of time required
by refiners, retailers, pipeline and distribution terminal companies, and other
fuel suppliers, acting expeditiously, to make the operational and logistical
changes required to supply fuel in compliance with the minimum ethanol
requirement.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 20. Minnesota Statutes 2008, section 239.791, is
amended by adding a subdivision to read:
Subd. 2b. Limited
liability waiver. No motor
fuel shall be deemed to be a defective product by virtue of the fact that the
motor fuel is formulated or blended pursuant to the requirements of subdivision
1, paragraph (a), clause (2), or subdivision 1a, under any theory of liability
except for simple or willful negligence or fraud. This subdivision does not preclude an action
for negligent, fraudulent, or willful acts.
This subdivision does not affect a person whose liability arises under
chapter 115, water pollution control; 115A, waste management; 115B,
environmental response and liability; 115C, leaking underground storage tanks;
or 299J, pipeline safety; under public nuisance law for damage to the
environment or the public health; under any other environmental or public
health law; or under any environmental or public health ordinance or program of
a municipality as defined in section 466.01.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 21. Minnesota Statutes 2008, section 239.791, is
amended by adding a subdivision to read:
Subd. 2c. Fuel
dispensing equipment; blends over ten percent ethanol. Notwithstanding any other law or rule,
fuel dispensing equipment authorized to dispense fuel under subdivision 1,
paragraph (a), clause (1), is authorized to dispense fuel under subdivision 1,
paragraph (a), clause (2), or subdivision 1a.
Sec. 22. Minnesota Statutes 2008, section 336.9-531,
is amended to read:
336.9-531 ELECTRONIC ACCESS; LIABILITY; RETENTION.
(a) Electronic access. The
secretary of state may allow private parties to have electronic access to the
central filing system and to other computerized records maintained by the
secretary of state on a fee basis, except that:
(1) visual access to electronic display terminals at the public counters
at the Secretary of State's Office must be without charge and must be available
during public counter hours; and (2) access by law enforcement personnel,
acting in an official capacity, must be without charge. If the central filing system allows a form of
electronic access to information regarding the obligations of debtors, the
access must be available 24 hours a day, every day of the year. Notwithstanding section 13.355, private
parties who have electronic access to computerized records may view the Social
Security number information about a debtor that is of record.
Notwithstanding
section 13.355, a filing office may include Social Security number information
in an information request response under section 336.9-523 or a search of other
liens in the central filing system. A
filing office may also include Social Security number information on a
photocopy or electronic copy of a record whether provided in an information
request response or in response to a request made under section 13.03. A Social Security number or tax
identification number maintained by the secretary of state under this section
is private data on individuals or nonpublic data, as defined in section 13.02.
(b) Liability. The secretary of
state, county recorders, and their employees and agents are not liable for any
loss or damages arising from errors in or omissions from information entered
into the central filing system as a result of the electronic transmission of
tax lien notices under sections 268.058, subdivision 1, paragraph (c); 270C.63,
subdivision 4; 272.483; and 272.488, subdivisions 1 and 3.
The state, the secretary of
state, counties, county recorders, and their employees and agents are immune
from liability that occurs as a result of errors in or omissions from
information provided from the central filing system.
(c) Retention. Once the image of
a paper record has been captured by the central filing system, the secretary of
state may remove or direct the removal from the files and destroy the paper
record.
EFFECTIVE DATE. This section is effective for
financing statements filed in the central filing system after November 30,
2010.
Sec. 23. Minnesota Statutes 2008, section 336A.08,
subdivision 1, is amended to read:
Subdivision 1. Compilation. (a) The secretary of state shall compile
the information on effective financing statements in the computerized filing
system into a master list:
(1) organized according to
farm product;
(2) arranged within each
product:
(i) in alphabetical order
according to the last name of the individual debtor or, in the case of debtors
doing business other than as individuals, the first word in the name of the debtors;
(ii) in numerical order
according to the Social Security number of the individual debtor or, in the
case of debtors doing business other than as individuals, the Internal Revenue
Service taxpayer identification number of the debtors unique identifier
assigned by the secretary of state to, and associated with, the Social Security
number or tax identification number of the debtor;
(iii) geographically by
county; and
(iv) by crop year;
(3) containing the
information provided on an effective financing statement; and
(4) designating any
applicable terminations of the effective financing statement.
(b) The secretary of state
shall compile information from lien notices recorded in the computerized filing
system into a statutory lien master list in alphabetical order according to the
last name of the individual debtor or, in the case of debtors doing business
other than as individuals, the first word in the name of the debtors. The secretary of state may also organize the
statutory lien master list according to one or more of the categories of
information established in paragraph (a).
Any terminations of lien notices must be noted.
EFFECTIVE DATE. This section is effective for lists
compiled pursuant to this section after October 31, 2010.
Sec. 24. Minnesota Statutes 2008, section 336A.08,
subdivision 4, is amended to read:
Subd. 4. Distribution
of master and partial lists. (a) The
secretary of state shall maintain the information on the effective financing
statement master list:
(1) by farm product arranged
alphabetically by debtor; and
(2) by farm product arranged
numerically by the debtor's Social Security number for an individual debtor
or, in the case of debtors doing business other than as individuals, the
Internal Revenue Service taxpayer identification number of the debtors
unique identifier assigned by the secretary of state to, and associated with,
the Social Security number or tax identification number of the debtor.
(b) The secretary of state
shall maintain the information in the farm products statutory lien master list
by county arranged alphabetically by debtor.
(c) The secretary of state
shall distribute or make available the requested master and partial master
lists on a monthly basis to farm product dealers registered under section
336A.11. Lists will be distributed or
made available on or before the tenth day of each month or on the next business
day thereafter if the tenth day is not a business day.
(d) The secretary of state
shall make the master and partial master lists available as written or printed
paper documents and may make lists available in other forms or media,
including:
(1) any electronically
transmitted medium; or
(2) any form of digital
media.
(e) There shall be no fee
for partial or master lists distributed via an electronically transmitted
medium. The annual fee for any other
form of digital media is $200. The
annual fee for paper partial lists is $250 and $400 for paper master lists.
(f) A farm products dealer
shall register pursuant to section 336A.11 by the last business day of the
month to receive the monthly lists requested by the farm products dealer for
that month.
(g) If a registered farm
products dealer receives a monthly list that cannot be read or is incomplete, the
farm products dealer must immediately inform the secretary of state by
telephone or e-mail of the problem. The
registered farm products dealer shall confirm the existence of the problem by
writing to the secretary of state. The
secretary of state shall provide the registered farm products dealer with new
monthly lists in the medium chosen by the registered farm products dealer no
later than five business days after receipt of the oral notice from the
registered farm products dealer. A
registered farm products dealer is not considered to have received notice of
the information on the monthly lists until the duplicate list is received from
the secretary of state or until five days have passed since the duplicate lists
were deposited in the mail by the secretary of state, whichever comes first.
(h) On receipt of a written
notice pursuant to section 336A.13, the secretary of state shall duplicate the
monthly lists requested by the registered farm products dealer. The duplicate monthly lists must be sent to
the registered farm products dealer no later than five business days after
receipt of the written notice from the registered farm products dealer.
(i) A registered farm
products dealer may request monthly lists in one medium per registration.
(j) Registered farm products
dealers must have renewed their registration before the first day of July each
year. Failure to send in the
registration before that date will result in the farm products dealer not
receiving the requested monthly lists.
(k) Registered farm products
dealers choosing to obtain monthly lists via an electronically transmitted
medium or in any form of digital media may choose to receive all of the
information for the monthly lists requested the first month and then only
additions and deletions to the database for the remaining 11 months of the year. Following the first year of registration, the
registered farm products dealer may choose to continue to receive one copy of
the full monthly list at the beginning of each year or may choose to receive
only additions and deletions.
EFFECTIVE DATE. This section is effective for lists
distributed pursuant to this section after October 31, 2010.
Sec. 25. Minnesota Statutes 2008, section 336A.14, is
amended to read:
336A.14 RESTRICTED USE OF INFORMATION.
A Social
Security number or tax identification number maintained by the secretary of
state under this section is private data on individuals or nonpublic data, as
defined in section 13.02. Information
obtained from the seller of a farm product relative to the Social Security
number or tax identification number of the true owner of the farm product and
all information obtained from the master or limited list may not be used for
purposes that are not related to: (1)
purchase of a farm product; (2) taking a security interest against a farm
product; or (3) perfecting a farm product statutory lien.
EFFECTIVE DATE. This section is effective October
31, 2010.
Sec. 26. Minnesota Statutes 2008, section 500.221,
subdivision 2, is amended to read:
Subd. 2. Aliens
and non-American corporations. Except
as hereinafter provided, no natural person shall acquire directly or indirectly
any interest in agricultural land unless the person is a citizen of the United
States or a permanent resident alien of the United States. In addition to the restrictions in section
500.24, no corporation, partnership, limited partnership, trustee, or other
business entity shall directly or indirectly, acquire or otherwise obtain any
interest, whether legal, beneficial or otherwise, in any title to agricultural
land unless at least 80 percent of each class of stock issued and outstanding
or 80 percent of the ultimate beneficial interest of the entity is held
directly or indirectly by citizens of the United States or permanent resident
aliens. This section shall not apply:
(1) to agricultural land
that may be acquired by devise, inheritance, as security for indebtedness, by
process of law in the collection of debts, or by any procedure for the
enforcement of a lien or claim thereon, whether created by mortgage or
otherwise. All agricultural land
acquired in the collection of debts or by the enforcement of a lien or claim
shall be disposed of within three years after acquiring ownership;
(2) to citizens or subjects
of a foreign country whose rights to hold land are secured by treaty;
(3) to lands used for
transportation purposes by a common carrier, as defined in section 218.011,
subdivision 10;
(4) to lands or interests in
lands acquired for use in connection with (i) the production of timber and
forestry products by a corporation organized under the laws of Minnesota, or
(ii) mining and mineral processing operations.
Pending the development of agricultural land for the production of
timber and forestry products or mining purposes the land may not be used for
farming except under lease to a family farm, a family farm corporation or an
authorized farm corporation;
(5) to agricultural land
operated for research or experimental purposes if the ownership of the
agricultural land is incidental to the research or experimental objectives of
the person or business entity and the total acreage owned by the person or
business entity does not exceed the acreage owned on May 27, 1977;
(6) to the purchase of any
tract of 40 acres or less for facilities incidental to pipeline operation by a
company operating a pipeline as defined in section 216G.01, subdivision 3;
(7) to agricultural land and
land capable of being used as farmland in vegetable processing operations that
is reasonably necessary to meet the requirements of pollution control law or
rules; or
(8) to an interest in
agricultural land held on the August 1, 2003, by a natural person with a
nonimmigrant treaty investment visa, pursuant to United States Code, title 8,
section 1101(a)15(E)(ii), if, within five years after August 1, 2003, the
person:
(i) disposes of all
agricultural land held; or
(ii) becomes a permanent
resident alien of the United States or a United States citizen.; or
(9) to an
easement taken by an individual or entity for the installation and repair of
transmission lines and for wind rights.
Sec. 27. Minnesota Statutes 2008, section 500.221,
subdivision 4, is amended to read:
Subd. 4. Reports. (a) Any natural person,
corporation, partnership, limited partnership, trustee, or other business
entity prohibited from future acquisition of agricultural land may retain title
to any agricultural land lawfully acquired within this state prior to June 1,
1981, but shall file a report with the commissioner of agriculture annually
before January 31 containing a description of all agricultural land held within
this state, the purchase price and market value of the land, the use to which
it is put, the date of acquisition and any other reasonable information
required by the commissioner.
(b) An
individual or entity that qualifies for an exemption under subdivision 2,
clause (2) or (9), and owns an interest in agricultural land shall file a
report with the commissioner of agriculture by December 31 of each year in
which the individual or entity acquires an interest in agricultural land. The report must contain a description of all
interests in agricultural land held by the individual or entity within this
state.
(c) The
commissioner shall make the information available to the public.
(d) All
required annual reports shall include a filing fee of $50 plus $10 for each
additional quarter section of land.
Sec. 28. Minnesota Statutes 2008, section 500.24,
subdivision 2, is amended to read:
Subd. 2. Definitions. The definitions in this subdivision apply
to this section.
(a) "Farming"
means the production of (1) agricultural products; (2) livestock or livestock
products; (3) milk or milk products; or (4) fruit or other horticultural
products. It does not include the
processing, refining, or packaging of said products, nor the provision of
spraying or harvesting services by a processor or distributor of farm products. It does not include the production of timber
or forest products, the production of poultry or poultry products, or the
feeding and caring for livestock that are delivered to a corporation for
slaughter or processing for up to 20 days before slaughter or processing.
(b) "Family farm"
means an unincorporated farming unit owned by one or more persons residing on
the farm or actively engaging in farming.
(c) "Family farm
corporation" means a corporation founded for the purpose of farming and
the ownership of agricultural land in which the majority of the stock is held
by and the majority of the stockholders are persons, the spouses of persons, or
current beneficiaries of one or more family farm trusts in which the trustee
holds stock in a family farm corporation, related to each other within the
third degree of kindred according to the rules of the civil law, and at least
one of the related persons is residing on or actively operating the farm, and
none of whose stockholders are corporations; provided that a family farm
corporation shall not cease to qualify as such hereunder by reason of any:
(1) transfer of shares of
stock to a person or the spouse of a person related within the third degree of
kindred according to the rules of civil law to the person making the transfer,
or to a family farm trust of which the shareholder, spouse, or related person
is a current beneficiary; or
(2) distribution from a
family farm trust of shares of stock to a beneficiary related within the third
degree of kindred according to the rules of civil law to a majority of the
current beneficiaries of the trust, or to a family farm trust of which the
shareholder, spouse, or related person is a current beneficiary.
For the purposes of this
section, a transfer may be made with or without consideration, either directly
or indirectly, during life or at death, whether or not in trust, of the shares
in the family farm corporation, and stock owned by a family farm trust are
considered to be owned in equal shares by the current beneficiaries.
(d) "Family farm
trust" means:
(1) a trust in which:
(i) a majority of the
current beneficiaries are persons or spouses of persons who are related to each
other within the third degree of kindred according to the rules of civil law;
(ii) all of the current
beneficiaries are natural persons or nonprofit corporations or trusts described
in the Internal Revenue Code, section 170(c), as amended, and the regulations
under that section; and
(iii) one of the family
member current beneficiaries is residing on or actively operating the farm; or
the trust leases the agricultural land to a family farm unit, a family farm
corporation, an authorized farm corporation, an authorized livestock farm
corporation, a family farm limited liability company, a family farm trust, an
authorized farm limited liability company, a family farm partnership, or an
authorized farm partnership; or
(2) a charitable remainder
trust as defined in the Internal Revenue Code, section 664, as amended, and the
regulations under that section, and a charitable lead trust as set forth in the
Internal Revenue Code, section 170(f), and the regulations under that section.
(e) "Authorized farm
corporation" means a corporation meeting the following standards:
(1) it has no more than five
shareholders, provided that for the purposes of this section, a husband and
wife are considered one shareholder;
(2) all its shareholders,
other than any estate, are natural persons or a family farm trust;
(3) it does not have more
than one class of shares;
(4) its revenue from rent,
royalties, dividends, interest, and annuities does not exceed 20 percent of its
gross receipts;
(5) shareholders holding 51
percent or more of the interest in the corporation reside on the farm or are
actively engaging in farming;
(6) it does not, directly or
indirectly, own or otherwise have an interest in any title to more than 1,500
acres of agricultural land; and
(7) none of its shareholders
are shareholders in other authorized farm corporations that directly or
indirectly in combination with the corporation own more than 1,500 acres of
agricultural land.
(f) "Authorized
livestock farm corporation" means a corporation formed for the production
of livestock and meeting the following standards:
(1) it is engaged in the
production of livestock other than dairy cattle;
(2) all its shareholders,
other than any estate, are natural persons, family farm trusts, or family farm
corporations;
(3) it does not have more
than one class of shares;
(4) its revenue from rent,
royalties, dividends, interest, and annuities does not exceed 20 percent of its
gross receipts;
(5) shareholders holding 75
percent or more of the control, financial, and capital investment in the
corporation are farmers, and at least 51 percent of the required percentage of
farmers are actively engaged in livestock production;
(6) it does not, directly or
indirectly, own or otherwise have an interest in any title to more than 1,500
acres of agricultural land; and
(7) none of its shareholders
are shareholders in other authorized farm corporations that directly or
indirectly in combination with the corporation own more than 1,500 acres of
agricultural land.
(g) "Agricultural
land" means real estate used for farming or capable of being used for
farming in this state.
(h) "Pension or
investment fund" means a pension or employee welfare benefit fund, however
organized, a mutual fund, a life insurance company separate account, a common
trust of a bank or other trustee established for the investment and
reinvestment of money contributed to it, a real estate investment trust, or an
investment company as defined in United States Code, title 15, section 80a-3.
(i) "Farm
homestead" means a house including adjoining buildings that has been used
as part of a farming operation or is part of the agricultural land used for a
farming operation.
(j) "Family farm
partnership" means a limited partnership formed for the purpose of farming
and the ownership of agricultural land in which the majority of the interests
in the partnership is held by and the majority of the partners are natural
persons or current beneficiaries of one or more family farm trusts in which the
trustee holds an interest in a family farm partnership related to each other within
the third degree of kindred according to the rules of the civil law, and at
least one of the related persons is residing on the farm, actively operating
the farm, or the agricultural land was owned by one or more of the related
persons for a period of five years before its transfer to the limited
partnership, and none of the partners is a corporation. A family farm partnership does not cease to
qualify as a family farm partnership because of a:
(1) transfer of a
partnership interest to a person or spouse of a person related within the third
degree of kindred according to the rules of civil law to the person making the
transfer or to a family farm trust of which the partner, spouse, or related
person is a current beneficiary; or
(2) distribution from a
family farm trust of a partnership interest to a beneficiary related within the
third degree of kindred according to the rules of civil law to a majority of
the current beneficiaries of the trust, or to a family farm trust of which the
partner, spouse, or related person is a current beneficiary.
For the purposes of this
section, a transfer may be made with or without consideration, either directly
or indirectly, during life or at death, whether or not in trust, of a
partnership interest in the family farm partnership, and interest owned by a
family farm trust is considered to be owned in equal shares by the current
beneficiaries.
(k) "Authorized farm
partnership" means a limited partnership meeting the following standards:
(1) it has been issued a
certificate from the secretary of state or is registered with the county
recorder and farming and ownership of agricultural land is stated as a purpose
or character of the business;
(2) it has no more than five
partners;
(3) all its partners, other
than any estate, are natural persons or family farm trusts;
(4) its revenue from rent,
royalties, dividends, interest, and annuities does not exceed 20 percent of its
gross receipts;
(5) its general partners
hold at least 51 percent of the interest in the land assets of the partnership
and reside on the farm or are actively engaging in farming not more than 1,500
acres as a general partner in an authorized limited partnership;
(6) its limited partners do
not participate in the business of the limited partnership including operating,
managing, or directing management of farming operations;
(7) it does not, directly or
indirectly, own or otherwise have an interest in any title to more than 1,500
acres of agricultural land; and
(8) none of its limited
partners are limited partners in other authorized farm partnerships that
directly or indirectly in combination with the partnership own more than 1,500
acres of agricultural land.
(l) "Family farm
limited liability company" means a limited liability company founded for
the purpose of farming and the ownership of agricultural land in which the
majority of the membership interests is held by and the majority of the members
are natural persons, or current beneficiaries of one or more family farm trusts
in which the trustee holds an interest in a family farm limited liability
company related to each other within the third degree of kindred according to
the rules of the civil law, and at least one of the related persons is residing
on the farm, actively operating the farm, or the agricultural land was owned by
one or more of the related persons for a period of five years before its
transfer to the limited liability company, and none of the members is a
corporation or a limited liability company.
A family farm limited liability company does not cease to qualify as a
family farm limited liability company because of:
(1) a transfer of a
membership interest to a person or spouse of a person related within the third
degree of kindred according to the rules of civil law to the person making the
transfer or to a family farm trust of which the member, spouse, or related
person is a current beneficiary; or
(2) distribution from a
family farm trust of a membership interest to a beneficiary related within the
third degree of kindred according to the rules of civil law to a majority of
the current beneficiaries of the trust, or to a family farm trust of which the
member, spouse, or related person is a current beneficiary.
For the purposes of this
section, a transfer may be made with or without consideration, either directly
or indirectly, during life or at death, whether or not in trust, of a
membership interest in the family farm limited liability company, and interest
owned by a family farm trust is considered to be owned in equal shares by the
current beneficiaries. Except for a
state or federally chartered financial institution acquiring an encumbrance for
the purpose of security or an interest under paragraph (x), a member of a
family farm limited liability company may not transfer a membership interest,
including a financial interest, to a person who is not otherwise eligible to be
a member under this paragraph.
(m) "Authorized farm
limited liability company" means a limited liability company meeting the
following standards:
(1) it has no more than five
members;
(2) all its members, other
than any estate, are natural persons or family farm trusts;
(3) it does not have more
than one class of membership interests;
(4) its revenue from rent,
royalties, dividends, interest, and annuities does not exceed 20 percent of its
gross receipts;
(5) members holding 51
percent or more of both the governance rights and financial rights in the
limited liability company reside on the farm or are actively engaged in
farming;
(6) it does not, directly or
indirectly, own or otherwise have an interest in any title to more than 1,500
acres of agricultural land; and
(7) none of its members are
members in other authorized farm limited liability companies that directly or
indirectly in combination with the authorized farm limited liability company
own more than 1,500 acres of agricultural land.
Except for a state or
federally chartered financial institution acquiring an encumbrance for the
purpose of security or an interest under paragraph (x), a member of an
authorized farm limited liability company may not transfer a membership
interest, including a financial interest, to a person who is not otherwise
eligible to be a member under this paragraph.
(n) "Farmer" means
a natural person who regularly participates in physical labor or operations
management in the person's farming operation and files "Schedule F"
as part of the person's annual Form 1040 filing with the United States Internal
Revenue Service.
(o) "Actively engaged in
livestock production" means performing day-to-day physical labor or
day-to-day operations management that significantly contributes to livestock
production and the functioning of a livestock operation.
(p) "Research or
experimental farm" means a corporation, limited partnership, pension,
investment fund, or limited liability company that owns or operates
agricultural land for research or experimental purposes, provided that any
commercial sales from the operation are incidental to the research or
experimental objectives of the corporation.
A corporation, limited partnership, limited liability company, or
pension or investment fund seeking initial approval by the commissioner to
operate agricultural land for research or experimental purposes must first
submit to the commissioner a prospectus or proposal of the intended method of
operation containing information required by the commissioner including a copy
of any operational contract with individual participants.
(q) "Breeding stock
farm" means a corporation, limited partnership, or limited liability
company, that owns or operates agricultural land for the purpose of raising
breeding stock, including embryos, for resale to farmers or for the purpose of
growing seed, wild rice, nursery plants, or sod. An entity that is organized to raise
livestock other than dairy cattle under this paragraph that does not qualify as
an authorized farm corporation must:
(1) sell all castrated
animals to be fed out or finished to farming operations that are neither
directly nor indirectly owned by the business entity operating the breeding
stock operation; and
(2) report its total
production and sales annually to the commissioner.
(r) "Aquatic farm"
means a corporation, limited partnership, or limited liability company, that
owns or leases agricultural land as a necessary part of an aquatic farm as
defined in section 17.47, subdivision 3.
(s) "Religious
farm" means a corporation formed primarily for religious purposes whose
sole income is derived from agriculture.
(t) "Utility
corporation" means a corporation regulated under Minnesota Statutes 1974,
chapter 216B, that owns agricultural land for purposes described in that
chapter, or an electric generation or transmission cooperative that owns
agricultural land for use in its business if the land is not used for farming
except under lease to a family farm unit, a family farm corporation, a family
farm trust, a family farm partnership, or a family farm limited liability
company.
(u) "Development
organization" means a corporation, limited partnership, limited liability
company, or pension or investment fund that has an interest in agricultural
land for which the corporation, limited partnership, limited liability company,
or pension or investment fund has documented plans to use and subsequently uses
the land within six years from the date of purchase for a specific nonfarming
purpose, or if the land is zoned nonagricultural, or if the land is located
within an incorporated area. A
corporation, limited partnership, limited liability company, or pension or
investment fund may hold agricultural land in the amount necessary for its
nonfarm business operation; provided, however, that pending the development of
agricultural land for nonfarm purposes, the land may not be used for farming
except under lease to a family farm unit, a family farm corporation, a family
farm trust, an authorized farm corporation, an authorized livestock farm
corporation, a family farm partnership, an authorized farm partnership, a
family farm limited liability company, or an authorized farm limited liability
company, or except when controlled through ownership, options, leaseholds, or
other agreements by a corporation that has entered into an agreement with the
United States under the New Community Act of 1968 (Title IV of the Housing and
Urban Development Act of 1968, United States Code, title 42, sections 3901 to
3914) as amended, or a subsidiary or assign of such a corporation.
(v) "Exempt land"
means agricultural land owned or leased by a corporation as of May 20, 1973,
agricultural land owned or leased by a pension or investment fund as of May 12,
1981, agricultural land owned or leased by a limited partnership as of May 1,
1988, or agricultural land owned or leased by a trust as of the effective date
of Laws 2000, chapter 477, including the normal expansion of that ownership at
a rate not to exceed 20 percent of the amount of land owned as of May 20, 1973,
for a corporation; May 12, 1981, for a pension or investment fund; May 1,
1988, for a limited partnership, or the effective date of Laws 2000, chapter
477, for a trust, measured in acres, in any five-year period, and including
additional ownership reasonably necessary to meet the requirements of pollution
control rules. A corporation, limited
partnership, or pension or investment fund that is eligible to own or lease
agricultural land under this section prior to May 1997, or a corporation that
is eligible to own or lease agricultural land as a benevolent trust under this
section prior to the effective date of Laws 2000, chapter 477, may continue to
own or lease agricultural land subject to the same conditions and limitations
as previously allowed.
(w) "Gifted land"
means agricultural land acquired as a gift, either by grant or devise, by an
educational, religious, or charitable nonprofit corporation, limited
partnership, limited liability company, or pension or investment fund if all
land so acquired is disposed of within ten years after acquiring the title.
(x) "Repossessed
land" means agricultural land acquired by a corporation, limited
partnership, limited liability company, or pension or investment fund by
process of law in the collection of debts, or by any procedure for the
enforcement of a lien or claim on the land, whether created by mortgage or
otherwise if all land so acquired is disposed of within five years after
acquiring the title. The five-year
limitation is a covenant running with the title to the land against any
grantee, assignee, or successor of the pension or investment fund, corporation,
limited partnership, or limited liability company. The land so acquired must not be used for
farming during the five-year period, except under a lease to a family farm
unit, a family farm corporation, a family farm trust, an authorized farm
corporation, an authorized livestock farm corporation, a family farm
partnership, an authorized farm partnership, a family farm limited liability
company, or an authorized farm limited liability company. Notwithstanding the five-year divestiture
requirement under this paragraph, a financial institution may continue to own
the agricultural land if the agricultural land is leased to the immediately
preceding former owner, but must dispose of the agricultural land
within ten years of
acquiring the title. Livestock acquired
by a pension or investment fund, corporation, limited partnership, or limited
liability company in the collection of debts, or by a procedure for the
enforcement of lien or claim on the livestock whether created by security
agreement or otherwise after August 1, 1994, must be sold or disposed of within
one full production cycle for the type of livestock acquired or 18 months after
the livestock is acquired, whichever is earlier.
(y) "Commissioner"
means the commissioner of agriculture.
(z) "Nonprofit
corporation" means a nonprofit corporation organized under state nonprofit
corporation or trust law or qualified for tax-exempt status under federal tax
law that: (1) uses the land for a
specific nonfarming purpose or; (2) leases the agricultural land
to a family farm unit, a family farm corporation, an authorized farm
corporation, an authorized livestock farm corporation, a family farm limited
liability company, a family farm trust, an authorized farm limited liability
company, a family farm partnership, or an authorized farm partnership; or
(3) actively farms less than 160 acres that were acquired by the nonprofit
corporation prior to August 1, 2010, or actively farms less than 40 acres that
were acquired by the nonprofit corporation after August 1, 2010, and the
nonprofit corporation uses all profits from the agricultural land for
educational purposes.
(aa) "Current
beneficiary" means a person who at any time during a year is entitled to,
or at the discretion of any person may, receive a distribution from the income
or principal of the trust. It does not
include a distributee trust, other than a trust described in section 170(c) of
the Internal Revenue Code, as amended, but does include the current
beneficiaries of the distributee trust. It
does not include a person in whose favor a power of appointment could be
exercised until the holder of the power of appointment actually exercises the
power of appointment in that person's favor.
It does not include a person who is entitled to receive a distribution
only after a specified time or upon the occurrence of a specified event until
the time or occurrence of the event. For
the purposes of this section, a distributee trust is a current beneficiary of a
family farm trust.
(bb) "De minimis"
means that any corporation, pension or investment fund, limited liability
company, or limited partnership that directly or indirectly owns, acquires, or
otherwise obtains any interest in 40 acres or less of agricultural land and
annually receives less than $150 per acre in gross revenue from rental or
agricultural production.
Sec. 29. Minnesota Statutes 2008, section 514.965,
subdivision 2, is amended to read:
Subd. 2. Agricultural
lien. "Agricultural lien"
means an agricultural lien as defined in section 336.9-102(a)(5) and includes a
veterinarian's lien, breeder's lien, livestock production input lien, temporary
livestock production input lien, and feeder's lien under this section and
section 514.966.
Sec. 30. Minnesota Statutes 2008, section 514.966, is
amended by adding a subdivision to read:
Subd. 3a. Temporary
livestock production input lien; debtor in mediation. (a) A supplier furnishing livestock
production inputs in the ordinary course of business to a debtor who has filed
a mediation request under chapter 583 has a temporary livestock production
input lien for the unpaid retail cost of the livestock production input. A perfected temporary livestock production
input lien that attaches to livestock may not exceed the amount, if any, that
the sales price of the livestock for which the inputs were received exceeds the
greater of the fair market value of the livestock at the time the lien attaches
or the acquisition price of the livestock.
A temporary livestock production input lien becomes effective when the
agricultural production inputs are furnished by the supplier to the purchaser.
(b) A
temporary livestock production input lien under this subdivision applies to
livestock production inputs provided to the debtor during the 45 days following
a mediation request under chapter 583.
(c) A
person who supplies livestock production inputs under this subdivision shall
provide a lien-notification statement as required under subdivision 3,
paragraphs (b) and (c), but is not subject to subdivision 3, paragraphs (d) to
(f). A perfected temporary livestock
production input lien corresponding to the lien-notification statement has
priority over any security interest of the lender in the same livestock or
their proceeds for the lesser of:
(1) the
amount stated in the lien-notification statement; or
(2) the
unpaid retail cost of the livestock production input identified in the
lien-notification statement, subject to any limitation in paragraph (a).
Sec. 31. Minnesota Statutes 2008, section 514.966,
subdivision 5, is amended to read:
Subd. 5. Scope. A veterinarian's lien, breeder's lien,
livestock production input lien, temporary livestock production lien, or
feeder's lien attaches to the livestock serviced by the agricultural
lienholder, and products and proceeds thereof to the extent of the price or
value of the service provided.
Sec. 32. Minnesota Statutes 2008, section 514.966,
subdivision 6, is amended to read:
Subd. 6. Perfection. (a) An agricultural lien under this
section is perfected if a financing statement is filed pursuant to sections
336.9-501 to 336.9-530 and within the time periods set forth in paragraphs (b)
to (e) (f).
(b) A veterinarian's lien
must be perfected on or before 180 days after the last item of the veterinary
service is performed.
(c) A breeder's lien must be
perfected by six months after the last date that breeding services are provided
the obligor.
(d) Except as provided in
paragraph (f), a livestock production input lien must be perfected by six
months after the last date that livestock production inputs are furnished the
obligor.
(e) A feeder's lien must be
perfected on or before 60 days after the last date that feeding services are
furnished the obligor.
(f) A
temporary livestock production input lien, under subdivision 3a, must be
perfected on or before 60 days after the last date that livestock production
inputs are furnished the obligor.
Sec. 33. Laws 2008, chapter 296, article 1, section
25, the effective date, is amended to read:
EFFECTIVE DATE. This
section is effective June 1, 2010 2012.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 34. FERTILIZER
RESEARCH GRANTS; EXTENSION OF APPROPRIATION AVAILABILITY.
Notwithstanding
Minnesota Statutes, section 16A.28:
(1) the
appropriation encumbered on or before June 30, 2009, for fertilizer research
grants in Laws 2007, chapter 45, article 1, section 3, subdivision 5, is
available until June 30, 2011;
(2) the
fiscal year 2010 appropriation encumbered on or before June 30, 2011, for
fertilizer research grants in Laws 2009, chapter 94, article 1, section 3,
subdivision 5, is available until June 30, 2013; and
(3) the
fiscal year 2011 appropriation encumbered on or before June 30, 2012, for
fertilizer research grants in Laws 2009, chapter 94, article 1, section 3,
subdivision 5, is available until June 30, 2014.
Sec. 35. DAIRY
RESEARCH AND EDUCATION FACILITY; COLLABORATION.
The
commissioner of agriculture shall convene one or more meetings with milk
producers, other industry stakeholders, and representatives of the University
of Minnesota and Minnesota State Colleges and Universities System whose work
relates to the dairy industry to consider the elements of a dairy research and
education facility which would represent a partnership between higher education
institutions and the dairy industry. No
later than February 1, 2011, the commissioner shall provide a report on
facility and financing options to the legislative committees with jurisdiction
over agriculture finance.
Sec. 36. APPROPRIATION;
TERMINAL CAPACITY REPORT.
$40,000 is
appropriated in fiscal year 2011 from the liquefied petroleum gas account in
the special revenue fund under Minnesota Statutes, section 239.785, subdivision
6 to the commissioner of agriculture for a terminal capacity report. This is a onetime appropriation. The commissioner of agriculture, with
assistance from the Office of Energy Security, shall determine the total
propane and anhydrous ammonia terminal capacity located in the state and within
100 miles of the state's borders. The
commissioner shall also use projected grain yields and other relevant factors
to estimate total agricultural demand for propane and anhydrous ammonia in this
state in the year 2020 and shall develop a detailed plan for fully and
economically satisfying this anticipated demand. No later than February 1, 2011, the
commissioner shall present the report to the legislative committees with
jurisdiction over agriculture finance.
Sec. 37. INDUSTRIAL
HEMP REPORT.
The
commissioner of agriculture shall identify and analyze industrial hemp laws and
procedures in Canada or one or more of the other 30 nations where industrial
hemp is grown as an agricultural crop. In
particular, the commissioner shall report on how law enforcement and other
authorities differentiate between industrial hemp and marijuana growing in the
field. No later than February 15, 2011,
the commissioner shall present a report on this topic to the legislative
committees with jurisdiction over agriculture policy and finance and provide a
copy to the Minnesota Police and Peace Officers Association, the Minnesota
Chiefs of Police Association, the Minnesota Sheriffs' Association, and the
Minnesota County Attorneys Association.
Sec. 38. BIOENERGY
DEVELOPMENT; REPORT.
The
commissioner of agriculture shall actively pursue federal and other resources
available to promote and achieve greater production and use of biofuels in this
state, including but not limited to increasing the availability of retail fuel
dispensers for E85 and intermediate ethanol-gasoline blends. No later than February 15, 2011, the
commissioner shall report on activities and accomplishments under this section
to the legislative committees with jurisdiction over agriculture finance.
Sec. 39. FOREST
PEST WORKGROUP; REPORT.
(a) The
commissioners of agriculture and natural resources shall form a workgroup and
develop recommendations on how the state should address mitigation of invasive
or exotic forest pests, primarily gypsy moth and emerald ash borer. The commissioners shall consult with representatives
of the Forest and Animal and Plant Health Inspection Services of the United
States Department of Agriculture, local units of government, the nursery
industry, and the timber industry. The
commissioners shall report to the legislature under Minnesota Statutes, section
3.195, no later than September 1, 2010.
(b) The
recommendations must outline current funding sources for forest pest survey,
treatment, quarantine, and outreach activities and must explore and evaluate
alternative or additional funding options.
The workgroup shall also report on:
(1) the
public and private sector benefits of forest pest survey, detection,
eradication and outreach efforts;
(2)
potential ramifications if the state discontinues efforts to control forest
pests, including but not limited to the economic and commercial impact of a
statewide quarantine and the environmental consequences of forests pests left
unabated;
(3)
clarifying statutory and regulatory roles and responsibilities of state
agencies and local units of government as well as identifying and evaluating
options for consolidating these roles and responsibilities; and
(4) the
roles that federal agencies play in managing and regulating invasive forest
pests.
Sec. 40. REPEALER.
Minnesota
Statutes 2008, sections 17.231; and 343.26, and Laws 2009, chapter 94, article
1, section 106, are repealed.
ARTICLE 2
VETERANS
Section 1. Minnesota Statutes 2008, section 1.141, is
amended by adding a subdivision to read:
Subd. 6. Folding
of the state flag for presentation or display. The following procedures constitute
the proper way to fold the Minnesota State Flag for presentation or display. Fold the flag four times lengthwise so that
one section displays the three stars of the state crest and the text
"L'Etoile du Nord." Fold each
side behind the displayed section at a 90-degree angle so that the display
section forms a triangle. Take the
section ending with the hoist and fold it at a 90-degree angle across the
bottom of the display section and then fold the hoist back over so it is
aligned with the middle of the display section.
Fold the other protruding section directly upwards so that its edge is
flush with the display section and then fold it upwards along a 45-degree angle
so that a mirror of the display section triangle is formed. Fold the mirror section in half from the
point upwards, then fold the remaining portion upwards, tucking it between the
display section and the remainder of the flag.
Sec. 2. Minnesota Statutes 2008, section 1.141, is
amended by adding a subdivision to read:
Subd. 7. Folding
of the state flag for storage. When
folding the Minnesota State Flag for storage, the proper procedure is to fold
and store the flag in the same manner as the national colors.
Sec. 3. Minnesota Statutes 2009 Supplement, section
16C.16, subdivision 6a, is amended to read:
Subd. 6a. Veteran-owned
small businesses. (a) The
commissioner shall award up to a six percent preference, but no less than the
percentage awarded to any other group under this section, in the amount bid on
state procurement to certified small businesses that are majority-owned and
operated either by:
(1) by recently
separated veterans, who are veterans as defined in section 197.447, who
have served in active military service, at any time on or after September 11,
2001, and who have been discharged under honorable conditions from active
service, as indicated by the person's United States Department of Defense form
DD-214 or by the commissioner of veterans affairs; or
(2) by veterans who
are veterans as defined in section 197.447, with service-connected
disabilities, as determined at any time by the United States Department of
Veterans Affairs; or
(3) any
other veteran-owned small businesses certified under section 16C.19, paragraph
(d).
(b) The purpose of this
designation is to facilitate the transition of veterans from military to
civilian life, and to help compensate veterans for their sacrifices, including
but not limited to their sacrifice of health and time, to the state and nation
during their military service, as well as to enhance economic development
within Minnesota.
(c) For
purposes of this section and section 16C.19, "service-connected
disability" has the meaning given in United States Code, title 38, section
101(16), as determined by the United States Department of Veterans Affairs.
EFFECTIVE DATE. This section is effective July 1, 2010,
and applies to businesses that apply for state contracts being awarded on or
after that date.
Sec. 4. Minnesota Statutes 2009 Supplement, section
16C.19, is amended to read:
16C.19 ELIGIBILITY; RULES.
(a) A small business wishing
to participate in the programs under section 16C.16, subdivisions 4 to 7, must
be certified by the commissioner. The
commissioner shall adopt by rule standards and procedures for certifying that
small businesses, small targeted group businesses, and small businesses located
in economically disadvantaged areas are eligible to participate under the
requirements of sections 16C.16 to 16C.21.
The commissioner shall adopt by rule standards and procedures for
hearing appeals and grievances and other rules necessary to carry out the
duties set forth in sections 16C.16 to 16C.21.
(b) The commissioner may make
rules which exclude or limit the participation of nonmanufacturing business,
including third-party lessors, brokers, franchises, jobbers, manufacturers'
representatives, and others from eligibility under sections 16C.16 to 16C.21.
(c) The commissioner may make
rules that set time limits and other eligibility limits on business
participation in programs under sections 16C.16 to 16C.21.
(d) Notwithstanding paragraph
(c), for purposes of sections 16C.16 to 16C.21, a veteran-owned small business or
service-disabled veteran-owned small business, the principal place of
business of which is in Minnesota, is certified if:
(1) it has been
verified by the United States Department of Veterans Affairs as being either
a veteran-owned small business or a service-disabled veteran-owned small
business, in accordance with Public Law 109-461 and Code of Federal
Regulations, title 38, part 74, and a majority of the owners of the business
are recently separated veterans as provided in section 16C.16, subdivision 6a;
or
(2) it has
been verified by the United States Department of Veterans Affairs as being a
service-disabled veteran-owned small business in accordance with Public Law
109-461 and Code of Federal Regulations, title 38, part 74.
EFFECTIVE DATE. This section is effective July 1,
2010, and applies to businesses that apply for state contracts being awarded on
or after that date.
Sec. 5. Minnesota Statutes 2008, section 123B.35, is
amended to read:
123B.35 GENERAL POLICY.
It is the policy of the state
of Minnesota that public school education shall be free and no pupil shall be
denied an education because of economic inability to furnish educational books
and supplies necessary to complete educational requirements necessary for
graduation. Any practice leading to
suspension, coercion, exclusion,
withholding of grades or
diplomas, or discriminatory action based upon nonpayment of fees denies pupils
their right to equal protection and entitled privileges. It is recognized that school boards do have
the right to accept voluntary contributions and, to make certain
charges and to establish fees in areas considered extra curricular,
noncurricular or supplementary to the requirements for the successful
completion of a class or educational program, and to waive those fees under
certain circumstances. No public
school board may require, except as authorized by sections 123B.36 and 123B.38,
the payment of fees.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2008, section 123B.36,
subdivision 6, is amended to read:
Subd. 6. Waiver
of student fees based on need. (a)
A board may waive any deposit or fee for any pupil whose parent is serving in,
or within the past year has served in, active military service as defined under
section 190.05.
(b) A board
may waive any deposit or fee if any pupil or the pupil's parent or guardian is
unable to pay it.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2008, section 168.123,
subdivision 2, is amended to read:
Subd. 2. Design. The commissioner of veterans affairs
shall design the emblem for the veterans' special plates, subject to the
approval of the commissioner, that satisfy the following requirements:
(a) For a Vietnam veteran
who served after July 1, 1961, and before July 1, 1978, in the active military
service in a branch of the armed forces of the United States or a nation or
society allied with the United States the special plates must bear the
inscription "VIETNAM VET" and the letters "V" and
"V" with the first letter directly above the second letter and both
letters just preceding the first numeral of the special plate number.
(b) For a veteran stationed
on the island of Oahu, Hawaii, or offshore, during the attack on Pearl Harbor
on December 7, 1941, the special plates must bear the inscription "PEARL
HARBOR SURVIVOR" and the letters "P" and "H" with the
first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number.
(c) For a veteran who served
during World War I or World War II, the plates must bear the inscription
"WORLD WAR VET" and:
(1) for a World War I
veteran, the characters "W" and "I" with the first
character directly above the second character and both characters just
preceding the first numeral of the special plate number; or
(2) for a World War II
veteran, the characters "W" and "II" with the first
character directly above the second character and both characters just
preceding the first numeral of the special plate number.
(d) For a veteran who served
during the Korean Conflict, the special plates must bear the inscription
"KOREAN VET" and the letters "K" and "V" with the
first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number.
(e) For a combat wounded veteran
who is a recipient of the purple heart medal, the plates must bear the
inscription "COMBAT WOUNDED VET" and have a facsimile on an emblem of
the official purple heart medal and the letters "C" over
"W" with the first letter directly over the second letter just
preceding the first numeral of the special plate number.
A member of
the United States armed forces who is serving actively in the military and who
is a recipient of the purple heart medal is also eligible for this license
plate. The commissioner of public safety
shall ensure that information regarding the required proof of eligibility for
any applicant under this paragraph who has not yet been issued military
discharge papers is distributed to the public officials responsible for
administering this section.
(f) For a Persian Gulf War
veteran, the plates must bear the inscription "GULF WAR VET" and the
letters "G" and "W" with the first letter directly above
the second letter and both letters just preceding the first numeral of the
special plate number. For the purposes
of this section, "Persian Gulf War veteran" means a person who served
on active duty after August 1, 1990, in a branch of the armed forces of the
United States or a nation or society allied with the United States or the
United Nations during Operation Desert Shield, Operation Desert Storm, or
other military operation in the Persian Gulf area combat zone as
designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.
(g) For a veteran who served
in the Laos War after July 1, 1961, and before July 1, 1978, the special plates
must bear the inscription "LAOS WAR VET" and the letters
"L" and "V" with the first letter directly above the second
letter and both letters just preceding the first numeral of the special plate
number.
(h) For a veteran who is the
recipient of:
(1) the Iraq Campaign Medal,
the special plates must be inscribed with a facsimile of that medal and must
bear the inscription "IRAQ WAR VET" directly below the special plate
number;
(2) the Afghanistan Campaign
Medal, the special plates must be inscribed with a facsimile of that medal and
must bear the inscription "AFGHAN WAR VET" directly below the special
plate number; or
(3) the Global War on
Terrorism Expeditionary Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "GWOT VETERAN"
directly below the special plate number.
(i) For a veteran who is the
recipient of the Global War on Terrorism Service Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription
"GWOT VETERAN" directly below the special plate number. In addition, any member of the National Guard
or other military reserves who has been ordered to federally funded state
active service under United States Code, title 32, as defined in section
190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph,
irrespective of whether that person qualifies as a veteran under section
197.447.
EFFECTIVE DATE. This section is effective August 1,
2010.
Sec. 8. Minnesota Statutes 2008, section 196.05, is
amended by adding a subdivision to read:
Subd. 3. Consumer
satisfaction. (a) The
commissioner shall submit a memorandum each year to the governor and the chairs
and ranking minority members of the house of representatives and senate
standing committees with jurisdiction over the department's programs that
provides the following information:
(1) the
number of calls made to each of the department's help lines by consumers and
citizens regarding services provided or regulated by the department;
(2) the
subject matter of the call;
(3) the
number of service-related calls that were resolved;
(4) the
number that remain open; and
(5) the
number that were without merit.
(b) The
commissioner shall publish the annual memorandum on the department's Web site
each year no later than March 1.
Sec. 9. Minnesota Statutes 2008, section 197.455, is
amended by adding a subdivision to read:
Subd. 5a. Teacher
hiring. (a) Any public school
under the state's Education Code that chooses at any time to use a 100-point
hiring method to evaluate applicants for teaching positions is subject to the
requirements of subdivisions 4 and 5 for determining veterans preference
points.
(b) Any
public school under the state's Education Code opting at any time not to use a
100-point hiring method to evaluate applicants for teaching positions is exempt
from the requirements of subdivisions 4 and 5 for determining veterans
preference points, but must instead grant to any veteran who applies for a
teaching position and who has proper licensure for that position an interview
for that position.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 10. Minnesota Statutes 2009 Supplement, section
197.46, is amended to read:
197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF MANDAMUS.
Any person whose rights may
be in any way prejudiced contrary to any of the provisions of this section,
shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment
or employment in the several counties, cities, towns, school districts and all
other political subdivisions in the state, who is a veteran separated from the
military service under honorable conditions, shall be removed from such
position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.
Any veteran who has been
notified of the intent to discharge the veteran from an appointed position or
employment pursuant to this section shall be notified in writing of such intent
to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge.
The failure of a veteran to request a hearing within the provided 60-day
period shall constitute a waiver of the right to a hearing. Such failure shall also waive all other available
legal remedies for reinstatement.
Request for a hearing
concerning such a discharge shall be made in writing and submitted by mail or
personal service to the employment office of the concerned employer or other
appropriate office or person.
In all governmental
subdivisions having an established civil service board or commission, or merit
system authority, such hearing for removal or discharge shall be held before
such civil service board or commission or merit system authority. Where no such civil service board or
commission or merit system authority exists, such hearing shall be held by a
board of three persons appointed as follows:
one by the governmental subdivision, one by the veteran, and the third
by the two so selected. In the event the
two persons so selected do not appoint the third person within ten days after
the appointment of the last of the two, then the judge of the district court of
the county wherein the proceeding is pending, or if there be more than one
judge in said county then any judge in chambers, shall have jurisdiction to
appoint, and upon application of either or both of the two so selected shall
appoint, the third person to the board and the person so appointed by the judge
with the two first selected shall constitute the board. The veteran may appeal from the decision of
the board upon the charges to the district court by causing written notice of
appeal, stating the grounds thereof, to be served upon the governmental
subdivision or officer making the charges within 15 days after notice of the
decision and by filing the original notice of appeal with proof of service
thereof in the office of the court administrator of the district court within
ten days after service thereof. Nothing
in section 197.455 or this section shall be construed to apply to the position
of private secretary, superintendent of schools, or one chief
deputy of any elected
official or head of a department, or to any person holding a strictly
confidential relation to the appointing officer. Nothing in this section shall be construed
to apply to the position of teacher.
The burden of establishing such relationship shall be upon the
appointing officer in all proceedings and actions relating thereto.
All officers, boards,
commissions, and employees shall conform to, comply with, and aid in all proper
ways in carrying into effect the provisions of section 197.455 and this section
notwithstanding any laws, charter provisions, ordinances or rules to the
contrary. Any willful violation of such
sections by officers, officials, or employees is a misdemeanor.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 11. Minnesota Statutes 2008, section 197.481,
subdivision 1, is amended to read:
Subdivision 1. Petition. A veteran, as defined by section
197.447, who has been denied rights by the state or any political
subdivision, municipality, or other public agency of the state as authorized
by the Veterans Preference Act under section 43A.11, 197.46, 197.48, or
197.455 may petition the commissioner of veterans affairs for an order
directing the agency to grant the veteran such relief the commissioner finds
justified by said statutes.
The petition shall be
submitted via United States mail and contain:
(1) the name, address, telephone
number, and acknowledged notarized original signature of the
veteran;
(2) the names, telephone
numbers, and addresses of all agencies and persons that will be directly
affected if the petition is granted;
(3) a concise statement of
the facts giving rise to the veteran's rights and a concise statement showing
the manner in which rights were denied;
(4) a statement of the
relief requested.; and
(5) a copy
of the veteran's Form DD214 (Separation or Discharge from Active Duty).
Sec. 12. Minnesota Statutes 2008, section 197.481,
subdivision 2, is amended to read:
Subd. 2. Service. Upon receipt and authorization
verification of a complete petition herein, the commissioner shall
serve a copy of same, by certified mail, on all agencies and persons named
therein and on such other agencies or persons as in the judgment of the
commissioner should in justice be parties to the proceeding. The veteran and all agencies and persons
served shall be parties to the proceeding.
Sec. 13. Minnesota Statutes 2008, section 197.481,
subdivision 4, is amended to read:
Subd. 4. Hearing. The commissioner shall hold schedule
a hearing on the petition of any party to be held or conducted within 20
120 days of serving, or being served with the authorized and complete
petition. The veteran may demand an
opportunity to be heard at a time set by the commissioner. A party who fails to demand such hearing
within 20 days shall be heard only by permission of the commissioner, except
that if any party demands to be heard At the hearing, all parties
shall have the right to be heard. A
hearing hereunder shall be conducted and orders issued in accord with sections
14.57 to 14.60 and 14.62, at the office of the commissioner or at a place the
commissioner designates. The
commissioner shall notify all parties, by certified mail, of the date,
time, and place of the hearing.
Sec. 14. Minnesota Statutes 2008, section 197.585,
subdivision 5, is amended to read:
Subd. 5. Expiration. This section expires at the end of the
first fiscal year in which the number of veterans enrolled in Minnesota
public institutions of higher education is fewer than 4,000, but no later than
June 30, 2011 2012.
Sec. 15. Minnesota Statutes 2008, section 197.60,
subdivision 1, is amended to read:
Subdivision 1. Appointment;
administrative support. The county
board of any county except Clay County, or the county boards of any two
or more counties acting pursuant to the provisions of section 197.602,
shall appoint a veterans service officer and shall provide necessary
clerical help, office space, equipment, and supplies for the officer, together
with reimbursement for mileage and other traveling expenses necessarily
incurred in the performance of duties; and may appoint one or more
assistant veterans service officers who shall have the qualifications
prescribed in are qualified under section 197.601. The county board of Clay County may
appoint a veterans service officer and assistant veterans service officers as
provided in this subdivision. The
county board or boards shall provide necessary clerical help, office space,
equipment, and supplies for the officer, and reimbursement for mileage and
other traveling expenses necessarily incurred in the performance of duties. Subject to the direction and control of the
veterans service officer, the assistant veterans service officer may exercise
all the powers, and shall perform the duties, of the veterans service officer,
and shall be is subject to all the provisions of sections 197.60
to 197.606 relating to a veterans service officer. Every county officer and agency shall
cooperate with the veterans service officer and shall provide the officer with
information necessary in connection with the performance of duties.
Sec. 16. Minnesota Statutes 2008, section 197.601, is
amended to read:
197.601 QUALIFICATIONS OF VETERANS SERVICE OFFICERS.
No person shall be appointed
a veterans service officer or an assistant county veterans service officer
under sections 197.60 to 197.606 without the following qualifications unless
the person is:
(1) residence in a
resident of the state of Minnesota;
(2) citizenship in a
citizen of the United States; and
(3) a veteran,
as defined in section 197.447;.
(4)
education and training for the duties of veterans service officer;
(5)
knowledge of the law and the regulations and rulings of the United States
Veterans Administration applicable to cases before it and the administration
thereof.
In addition,
a person accepting appointment to the position of county veterans service
officer or assistant county veterans service officer or other equivalent
assistant position must agree to receive, within six months of the appointment,
training and education for the duties of the position, including development of
an effective working knowledge of relevant laws, rules, and regulations
pertaining to the United States Department of Veterans Affairs, as applicable
to veterans cases before the department and the administration of those cases.
Sec. 17. Minnesota Statutes 2008, section 197.605, is
amended to read:
197.605 SUPERVISION DEPARTMENT AS A RESOURCE TO COUNTIES.
Subdivision 1. Methods
of operation Resources
available. Every veterans
service officer appointed under sections 197.60 to 197.606 shall be under the
general supervision of the commissioner of veterans affairs as to methods of
operation. The commissioner of
veterans affairs shall make resources available within the Department
of Veterans
Affairs to every county that operates a county veterans service office, to
assist the county with maintaining efficient and effective services to veterans. To receive available resources from the
department, a county must formally request them from the commissioner and
invite the commissioner or the commissioner's designee or designees into the
county as necessary to provide those resources.
The commissioner shall consult with the Association of Minnesota
Counties and the Minnesota Association of County Veterans Service Officers in developing
a list of resources available to counties in support of their county veterans
service offices.
Subd. 2. Use of
agencies to present claims. Every
veterans service officer and assistant veterans service officer appointed
under sections 197.60 to 197.606 shall use the Minnesota Department of
Veterans Affairs or any organization recognized by the United States Department
of Veterans Administration Affairs, as may be designated by
the veteran by power of attorney, in the presentation of claims to the United
States Department of Veterans Administration Affairs for
the benefits referred to in section 197.603.
Subd. 3. Rules. The commissioner of veterans affairs shall
have authority to prescribe such rules as are necessary for compliance with
this section and the efficient uniform administration of sections 197.60 to
197.606. Such rules shall not apply to
the appointment, tenure, compensation, or working conditions of a veterans
service officer appointed under sections 197.60 to 197.606.
Subd. 4. Certification. The commissioner of veterans affairs
shall establish a certification process for veterans service officers. In doing so, the commissioner shall consult
with the Minnesota Association of County Veterans Service Officers.
Sec. 18. Minnesota Statutes 2008, section 197.606, is
amended to read:
197.606 CLASSED AS COUNTY EMPLOYEES.
Veterans service officers and
assistant veterans service officers appointed under sections 197.60 to 197.606
are employees of the counties by which they are employed, and are under the
exclusive jurisdiction and control of such those counties and
the Department of Veterans Affairs as herein provided.
Sec. 19. Minnesota Statutes 2008, section 197.609,
subdivision 1, is amended to read:
Subdivision 1. Establishment
and administration. An education
program for county veterans service officers is established to be administered
by the commissioner of veterans affairs, with assistance and advice from the
Minnesota Association of County Veterans Service Officers.
Sec. 20. Minnesota Statutes 2008, section 197.609,
subdivision 2, is amended to read:
Subd. 2. Eligibility. To be eligible for the program in this
section, a person must currently be employed as a county veterans service
officer or assistant county veterans service officer, as authorized by
sections 197.60 to 197.606, and be certified to serve in that position by the
commissioner of veterans affairs or be serving a probationary period as
authorized by section 197.60, subdivision 2.
Sec. 21. Minnesota Statutes 2008, section 197.75,
subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Commissioner"
means the commissioner of veterans affairs.
(c) "Deceased
veteran" means a veteran who was a Minnesota resident within six months
of the time of the person's entry into the United States armed forces and
who has died as a result of that the person's military service,
as determined by the United States Veterans Administration, and who was a
resident of this state: (1) within six
months of entering the United States armed forces, or (2) for the six months
preceding the veteran's date of death.
(d) "Eligible
child" means a person who:
(1) is the natural or
adopted son or daughter child or stepchild of a deceased veteran;
and
(2) is a student making
satisfactory academic progress at an eligible institution of higher education.
(e) "Eligible
institution" means a postsecondary educational institution located in this
state that either (1) is operated by this state, or (2) is operated publicly or
privately and, as determined by the office, maintains academic standards
substantially equivalent to those of comparable institutions operated in this
state.
(f) "Eligible
spouse" means the surviving spouse of a deceased veteran.
(g) "Eligible
veteran" means a veteran who:
(1) is a student making
satisfactory academic progress at an eligible institution of higher education;
(2) had Minnesota as the
person's state of residence at the time of the person's enlistment or any
reenlistment into the United States armed forces, as shown by the person's
federal form DD-214 or other official documentation to the satisfaction of the
commissioner;
(3) except for benefits
under this section, has no remaining military or veteran-related educational
assistance benefits for which the person may have been entitled; and
(4) while using the
educational assistance authorized in this section, remains a resident student
as defined in section 136A.101, subdivision 8.
(h) "Satisfactory
academic progress" has the meaning given in section 136A.101, subdivision
10.
(i) "Student" has
the meaning given in section 136A.101, subdivision 7.
(j) "Veteran" has
the meaning given in section 197.447.
EFFECTIVE DATE. This section is effective July 1,
2010, for educational benefits provided to an eligible child or eligible spouse
on or after that date.
Sec. 22. Laws 2009, chapter 94, article 3, section 14,
the effective date, is amended to read:
EFFECTIVE DATE. This
section is effective July 1, 2009, and applies to appointments to state and
local government positions of employment made on or after that date.
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to terminations after that date.
Sec. 23. PLANNING
NEW VETERANS CEMETERIES.
The
commissioner of veterans affairs shall determine a suitable site and plan for
three new state veterans cemeteries, one to be located in northeastern
Minnesota, one to be located in southeastern Minnesota, and one to be located
in southwestern Minnesota. In
determining the site for a cemetery, the commissioner shall consider available
public land options and shall seek proposals for donated land from interested
counties, local communities, civic organizations, veterans service
organizations, and individuals.
The
commissioner's planning process for a state veterans cemetery must include, at
a minimum, the following actions:
(1)
determining the need for the cemetery;
(2)
investigating the availability of suitable land for the cemetery;
(3)
assessment of impacts of the cemetery;
(4)
encouragement of support from veteran service organizations and local
governments; and
(5)
preparation and submission of a preapplication for a grant from the United
States Department of Veterans Affairs for commitment of funding for
establishing the cemetery.
By January
15, 2011, the commissioner shall report to the chair and ranking minority
member of the house of representatives and senate committees having
responsibility for veterans affairs with a report of the commissioner's
progress in implementing this section.
Sec. 24. NONCOMPLIANCE.
A county
that on July 1, 2010, is noncompliant with regard to the qualifications of an
assistant county veterans service officer, under Minnesota Statutes, section
197.601, must comply with the requirements of that section no later than June
30, 2013, and must remain in compliance after that date.
Sec. 25. ALTERNATIVE
FUNDING SOURCES.
By January
15, 2011, the commissioner of veterans affairs shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
veterans affairs policy and finance regarding alternative funding sources for
the higher education veterans assistance program under Minnesota Statutes,
section 197.585.
Sec. 26. REPEALER.
Minnesota
Statutes 2008, section 168.1251, is repealed."
Delete the title and insert:
"A bill for an act
relating to state government; clarifying certain livestock compensation
provisions; regulating and classifying certain data; classifying equines as
livestock; changing certain pesticide control provisions; authorizing waivers
of certain fees; providing for control of bovine tuberculosis; eliminating the
native grasses and wildflower seed production and incentive program;
authorizing ownership of agricultural land by certain nonprofit corporations;
requiring tree care and tree trimming company registration; regulating certain
sale and distribution of firewood; changing certain fuel requirements;
authorizing individuals and entities to take certain easements in agricultural
land; eliminating a penalty; allowing a temporary lien for livestock production
inputs for 45 days following a mediation request; setting a goal; requiring
reports and memoranda; specifying certain procedures; clarifying the role of
the commissioner and Department of Veterans Affairs in providing certain
resources for the county veterans service offices; modifying a residency
requirement for purposes of eligibility for higher educational benefits for the
surviving spouse and children of a deceased veteran who dies as a result of
military service; changing eligibility for a license plate; changing preference
requirements; repealing authorization for a license plate; clarifying a state
procurement preference; extending availability of certain appropriations;
requiring planning for new veterans cemeteries; appropriating money; amending
Minnesota Statutes 2008, sections 1.141, by adding
subdivisions; 3.737,
subdivision 4; 13.635, by adding a subdivision; 17.03, by adding a subdivision;
18B.31, subdivision 5; 18B.36, subdivision 1; 18B.37, subdivision 4; 18G.07;
28A.082, subdivision 1; 35.244, subdivisions 1, 2; 123B.35; 123B.36,
subdivision 6; 168.123, subdivision 2; 196.05, by adding a subdivision;
197.455, by adding a subdivision; 197.481, subdivisions 1, 2, 4; 197.585,
subdivision 5; 197.60, subdivision 1; 197.601; 197.605; 197.606; 197.609,
subdivisions 1, 2; 197.75, subdivision 1; 239.092; 239.093; 239.791, by adding
subdivisions; 336.9-531; 336A.08, subdivisions 1, 4; 336A.14; 500.221,
subdivisions 2, 4; 500.24, subdivision 2; 514.965, subdivision 2; 514.966,
subdivisions 5, 6, by adding a subdivision; Minnesota Statutes 2009 Supplement,
sections 3.737, subdivision 1; 16C.16, subdivision 6a; 16C.19; 18B.316,
subdivision 10; 197.46; 239.791, subdivisions 1, 1a; Laws 2008, chapter 296,
article 1, section 25; Laws 2009, chapter 94, article 3, section 14; proposing
coding for new law in Minnesota Statutes, chapters 17; 38; repealing Minnesota
Statutes 2008, sections 17.231; 168.1251; 343.26; Laws 2009, chapter 94,
article 1, section 106."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Dan Skogen, Steve Dille
and Jim Vickerman.
House Conferees:
Al Juhnke, Lyle Koenen and
Doug Magnus.
Juhnke moved that the report of the
Conference Committee on S. F. No. 2737 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2737,
A bill for an act relating to state government; changing certain pesticide
control provisions; authorizing waiver of a fee; providing for control of
bovine tuberculosis; eliminating the native grasses and wildflower seed
production and incentive program; authorizing ownership of agricultural land by
certain nonprofit corporations; requiring tree care and tree trimming company
registration; regulating certain sale and distribution of firewood; authorizing
individuals and entities to take certain easements in agricultural land;
allowing a temporary lien for livestock production inputs for 45 days following
a mediation request requiring reports; clarifying the role of the commissioner
and Department of Veterans Affairs in providing certain resources for the
county veterans service offices; modifying a residency requirement for purposes
of eligibility for higher educational benefits for the surviving spouse and
children of a deceased veteran who dies as a result of military service;
repealing authorization for a license plate; repealing a requirement that the
Department of Veterans Affairs report on the status of a construction project
priority listing; appropriating money; amending Minnesota Statutes 2008,
sections 3.737, subdivision 4; 17.03, by adding a subdivision; 18B.31,
subdivision 5; 18B.36, subdivision 1; 18B.37, subdivision 4; 18G.07; 28A.082,
subdivision 1; 35.244, subdivisions 1, 2; 197.60, subdivision 1; 197.601;
197.605; 197.606; 197.609, subdivisions 1, 2; 197.75, subdivision 1; 239.092;
239.093; 500.221, subdivisions 2, 4; 500.24, subdivision 2; 514.965, subdivision
2; 514.966, subdivision 6, by adding a subdivision; Minnesota Statutes 2009
Supplement, sections 3.737, subdivision 1; 18B.316, subdivision 10; Laws 2008,
chapter 296, article 1, section 25; proposing coding for new law in Minnesota
Statutes, chapters 17; 38; repealing Minnesota Statutes 2008, sections 17.231;
168.1251; 343.26; Laws 2009, chapter 94, article 3, section 23.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Pursuant to rule 2.05, Holberg was excused
from voting on the repassage of S. F. No. 2737, as amended by
Conference.
There were 128 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
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
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
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
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
Those who voted in the negative were:
Buesgens
Drazkowski
Hoppe
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2427.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2427
A bill for
an act relating to property held in trust; clarifying status of certain
distributions; changing certain relationship and inheritance provisions;
providing for emergency and temporary conservators; amending Minnesota Statutes
2008, sections 501B.64, subdivision 3; 524.1-201; 524.2-114; Minnesota Statutes
2009 Supplement, section 524.5-409; proposing coding for new law in Minnesota
Statutes, chapter 524.
May 7, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2427 report that we have
agreed upon the items in dispute and recommend as follows:
That the
Senate concur in the House amendment.
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Don Betzold, Julianne Ortman
and Linda Scheid.
House Conferees:
Melissa Hortman, Jim Davnie
and Jenifer Loon.
Hortman moved that the report of the
Conference Committee on S. F. No. 2427 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2427,
A bill for an act relating to property held in trust; clarifying status of
certain distributions; changing certain relationship and inheritance
provisions; providing for emergency and temporary conservators; amending
Minnesota Statutes 2008, sections 501B.64, subdivision 3; 524.1-201; 524.2-114;
Minnesota Statutes 2009 Supplement, section 524.5-409; proposing coding for new
law in Minnesota Statutes, chapter 524.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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
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
Kahn
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
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
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2974.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2974
A bill for
an act relating to health; amending provisions for electronic health record
technology; providing for administrative penalties; appropriating money;
amending Minnesota Statutes 2009 Supplement, sections 62J.495, subdivisions 1a,
3, by adding a subdivision; 62J.497, subdivisions 4, 5; proposing coding for
new law in Minnesota Statutes, chapter 62J.
May 7, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2974 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2974 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 62J.495, subdivision 1a, is amended to read:
Subd. 1a. Definitions. (a) "Certified electronic health
record technology" means an electronic health record that is certified
pursuant to section 3001(c)(5) of the HITECH Act to meet the standards and
implementation specifications adopted under section 3004 as applicable.
(b)
"Commissioner" means the commissioner of health.
(c)
"Pharmaceutical electronic data intermediary" means any entity that
provides the infrastructure to connect computer systems or other electronic
devices utilized by prescribing practitioners with those used by pharmacies,
health plans, third-party administrators, and pharmacy benefit managers in
order to facilitate the secure transmission of electronic prescriptions, refill
authorization requests, communications, and other prescription-related
information between such entities.
(d)
"HITECH Act" means the Health Information Technology for Economic and
Clinical Health Act in division A, title XIII and division B, title IV of the
American Recovery and Reinvestment Act of 2009, including federal regulations
adopted under that act.
(e)
"Interoperable electronic health record" means an electronic health
record that securely exchanges health information with another electronic
health record system that meets requirements specified in subdivision 3, and
national requirements for certification under the HITECH Act.
(f)
"Qualified electronic health record" means an electronic record of
health-related information on an individual that includes patient demographic
and clinical health information and has the capacity to:
(1) provide
clinical decision support;
(2) support
physician order entry;
(3) capture
and query information relevant to health care quality; and
(4)
exchange electronic health information with, and integrate such information
from, other sources.
Sec. 2. Minnesota Statutes 2009 Supplement, section
62J.495, subdivision 3, is amended to read:
Subd. 3. Interoperable
electronic health record requirements. To
meet the requirements of subdivision 1, hospitals and health care providers
must meet the following criteria when implementing an interoperable electronic
health records system within their hospital system or clinical practice
setting.
(a) The
electronic health record must be a qualified electronic health record.
(b) The
electronic health record must be certified by the Office of the National
Coordinator pursuant to the HITECH Act. This
criterion only applies to hospitals and health care providers only if a
certified electronic health record product for the provider's particular
practice setting is available. This
criterion shall be considered met if a hospital or health care provider is
using an electronic health records system that has been certified within the
last three years, even if a more current version of the system has been
certified within the three-year period.
(c) The
electronic health record must meet the standards established according to
section 3004 of the HITECH Act as applicable.
(d) The
electronic health record must have the ability to generate information on
clinical quality measures and other measures reported under sections 4101,
4102, and 4201 of the HITECH Act.
(e) The
electronic health record system must be connected to a state-certified health
information organization either directly or through a connection facilitated by
a state-certified health data intermediary as defined in section 62J.498.
(e) (f) A health
care provider who is a prescriber or dispenser of legend drugs must have an
electronic health record system that meets the requirements of section 62J.497.
Sec. 3. Minnesota Statutes 2009 Supplement, section
62J.495, is amended by adding a subdivision to read:
Subd. 6. State
agency information system. Development
of state agency information systems necessary to implement this section is
subject to the authority of the Office of Enterprise Technology in chapter 16E,
including, but not limited to:
(1)
evaluation and approval of the system as specified in section 16E.03,
subdivisions 3 and 4;
(2) review
of the system to ensure compliance with security policies, guidelines, and
standards as specified in section 16E.03, subdivision 7; and
(3) assurance that the system complies with accessibility standards
developed under section 16E.03, subdivision 9.
Sec. 4. Minnesota Statutes 2009 Supplement, section
62J.497, subdivision 4, is amended to read:
Subd. 4. Development
and use of uniform formulary exception form.
(a) The commissioner of health, in consultation with the Minnesota
Administrative Uniformity Committee, shall develop by July 1, 2009, a uniform
formulary exception form that allows health care providers to request
exceptions from group purchaser formularies using a uniform form. Upon development of the form, all health care
providers must submit requests for formulary exceptions using the uniform form,
and all group purchasers must accept this form from health care providers.
(b) No
later than January 1, 2011, the uniform formulary exception form must be
accessible and submitted by health care providers, and accepted and processed
by group purchasers, through secure electronic transmissions. Facsimile shall not be considered secure
electronic transmissions.
Sec. 5. Minnesota Statutes 2009 Supplement, section
62J.497, subdivision 5, is amended to read:
Subd. 5. Electronic
drug prior authorization standardization and transmission. (a) The commissioner of health, in
consultation with the Minnesota e-Health Advisory Committee and the Minnesota
Administrative Uniformity Committee, shall, by February 15, 2010, identify an
outline on how best to standardize drug prior authorization request
transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic
transmissions.
(b) By
January 1, 2014, the Minnesota Administrative Uniformity Committee shall
develop the standard companion guide by which providers and group purchasers
will exchange standard drug authorization requests using electronic data
interchange standards, if available, with the goal of alignment with standards
that are or will potentially be used nationally.
(c) No later
than January 1, 2011 2015, drug prior authorization requests must
be accessible and submitted by health care providers, and accepted by group
purchasers, electronically through secure electronic transmissions. Facsimile shall not be considered electronic
transmission.
Sec. 6. [62J.498]
HEALTH INFORMATION EXCHANGE.
Subdivision
1. Definitions. The
following definitions apply to sections 62J.498 to 62J.4982:
(a)
"Clinical transaction" means any meaningful use transaction that is
not covered by section 62J.536.
(b)
"Commissioner" means the commissioner of health.
(c)
"Direct health information exchange" means the electronic
transmission of health-related information through a direct connection between
the electronic health record systems of health care providers without the use
of a health data intermediary.
(d)
"Health care provider" or "provider" means a health care
provider or provider as defined in section 62J.03, subdivision 8.
(e)
"Health data intermediary" means an entity that provides the
infrastructure to connect computer systems or other electronic devices used by
health care providers, laboratories, pharmacies, health plans, third-party administrators,
or pharmacy benefit managers to facilitate the secure transmission of health
information, including pharmaceutical electronic data intermediaries as defined
in section 62J.495. This does not
include health care providers engaged in direct health information exchange.
(f)
"Health information exchange" means the electronic transmission of
health-related information between organizations according to nationally
recognized standards.
(g)
"Health information exchange service provider" means a health data
intermediary or health information organization that has been issued a
certificate of authority by the commissioner under section 62J.4981.
(h)
"Health information organization" means an organization that
oversees, governs, and facilitates the exchange of health-related information
among organizations according to nationally recognized standards.
(i)
"HITECH Act" means the Health Information Technology for Economic and
Clinical Health Act as defined in section 62J.495.
(j)
"Major participating entity" means:
(1) a
participating entity that receives compensation for services that is greater
than 30 percent of the health information organization's gross annual revenues
from the health information exchange service provider;
(2) a
participating entity providing administrative, financial, or management
services to the health information organization, if the total payment for all
services provided by the participating entity exceeds three percent of the
gross revenue of the health information organization; and
(3) a
participating entity that nominates or appoints 30 percent or more of the board
of directors of the health information organization.
(k)
"Meaningful use" means use of certified electronic health record
technology that includes e-prescribing, and is connected in a manner that
provides for the electronic exchange of health information and used for the
submission of clinical quality measures as established by the Center for
Medicare and Medicaid Services and the Minnesota Department of Human Services
pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
(l)
"Meaningful use transaction" means an electronic transaction that a
health care provider must exchange to receive Medicare or Medicaid incentives
or avoid Medicare penalties pursuant to sections 4101, 4102, and 4201 of the
HITECH Act.
(m)
"Participating entity" means any of the following persons, health
care providers, companies, or other organizations with which a health
information organization or health data intermediary has contracts or other
agreements for the provision of health information exchange service providers:
(1) a
health care facility licensed under sections 144.50 to 144.56, a nursing home
licensed under sections 144A.02 to 144A.10, and any other health care facility
otherwise licensed under the laws of this state or registered with the
commissioner;
(2) a
health care provider, and any other health care professional otherwise licensed
under the laws of this state or registered with the commissioner;
(3) a
group, professional corporation, or other organization that provides the
services of individuals or entities identified in clause (2), including but not
limited to a medical clinic, a medical group, a home health care agency, an
urgent care center, and an emergent care center;
(4) a
health plan as defined in section 62A.011, subdivision 3; and
(5) a state
agency as defined in section 13.02, subdivision 17.
(n)
"Reciprocal agreement" means an arrangement in which two or more
health information exchange service providers agree to share in-kind services
and resources to allow for the pass-through of meaningful use transactions.
(o)
"State-certified health data intermediary" means a health data
intermediary that:
(1)
provides a subset of the meaningful use transaction capabilities necessary for
hospitals and providers to achieve meaningful use of electronic health records;
(2) is not
exclusively engaged in the exchange of meaningful use transactions covered by
section 62J.536; and
(3) has
been issued a certificate of authority to operate in Minnesota.
(p)
"State-certified health information organization" means a nonprofit
health information organization that provides transaction capabilities
necessary to fully support clinical transactions required for meaningful use of
electronic health records that has been issued a certificate of authority to
operate in Minnesota.
Subd. 2. Health
information exchange oversight. (a)
The commissioner shall protect the public interest on matters pertaining to
health information exchange. The
commissioner shall:
(1) review
and act on applications from health data intermediaries and health information
organizations for certificates of authority to operate in Minnesota;
(2) provide
ongoing monitoring to ensure compliance with criteria established under
sections 62J.498 to 62J.4982;
(3) respond
to public complaints related to health information exchange services;
(4) take
enforcement actions as necessary, including the imposition of fines, suspension,
or revocation of certificates of authority as outlined in section 62J.4982;
(5) provide a biennial report on the status of health information
exchange services that includes but is not limited to:
(i)
recommendations on actions necessary to ensure that health information exchange
services are adequate to meet the needs of Minnesota citizens and providers
statewide;
(ii)
recommendations on enforcement actions to ensure that health information
exchange service providers act in the public interest without causing
disruption in health information exchange services;
(iii)
recommendations on updates to criteria for obtaining certificates of authority
under this section; and
(iv)
recommendations on standard operating procedures for health information
exchange, including but not limited to the management of consumer preferences;
(6) other
duties necessary to protect the public interest.
(b) As part
of the application review process for certification under paragraph (a), prior
to issuing a certificate of authority, the commissioner shall:
(1) hold
public hearings that provide an adequate opportunity for participating entities
and consumers to provide feedback and recommendations on the application under
consideration. The commissioner shall
make all portions of the application classified as public data available to the
public at least ten days in advance of the hearing. The applicant shall participate in the
hearing by presenting an overview of their application and responding to
questions from interested parties;
(2) make
available all feedback and recommendations gathered at the hearing available to
the public prior to issuing a certificate of authority; and
(3) consult
with hospitals, physicians, and other professionals eligible to receive
meaningful use incentive payments or subject to penalties as established in the
HITECH Act, and their respective statewide associations, prior to issuing a
certificate of authority.
(c) When
the commissioner is actively considering a suspension or revocation of a
certificate of authority as described in section 62J.4982, subdivision 3, all
investigatory data that are collected, created, or maintained related to the
suspension or revocation are classified as confidential data on individuals and
as protected nonpublic data in the case of data not on individuals.
(d) The
commissioner may disclose data classified as protected nonpublic or
confidential under paragraph (c) if disclosing the data will protect the health
or safety of patients.
(e) After
the commissioner makes a final determination regarding a suspension or
revocation of a certificate of authority, all minutes, orders for hearing,
findings of fact, conclusions of law, and the specification of the final
disciplinary action, are classified as public data.
Sec. 7. [62J.4981]
CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH INFORMATION EXCHANGE SERVICES.
Subdivision
1. Authority to require organizations to apply. The commissioner shall require an
entity providing health information exchange services to apply for a
certificate of authority under this section.
An applicant may continue to operate until the commissioner acts on the
application. If the application is
denied, the applicant is considered a health information organization whose
certificate of authority has been revoked under section 62J.4982, subdivision
2, paragraph (d).
Subd. 2. Certificate
of authority for health data intermediaries. (a) A health data intermediary that
provides health information exchange services for the transmission of one or
more clinical transactions necessary for hospitals, providers, or eligible
professionals to achieve meaningful use must be registered with the state and
comply with requirements established in this section.
(b)
Notwithstanding any law to the contrary, any corporation organized to do so may
apply to the commissioner for a certificate of authority to establish and
operate as a health data intermediary in compliance with this section. No person shall establish or operate a health
data intermediary in this state, nor sell or offer to sell, or solicit offers
to purchase or receive advance or periodic consideration in conjunction with a
health data intermediary contract unless the organization has a certificate of
authority or has an application under active consideration under this section.
(c) In
issuing the certificate of authority, the commissioner shall determine whether
the applicant for the certificate of authority has demonstrated that the
applicant meets the following minimum criteria:
(1)
interoperate with at least one state-certified health information organization;
(2) provide
an option for Minnesota entities to connect to their services through at least
one state-certified health information organization;
(3) have a
record locator service as defined in section 144.291, subdivision 2, paragraph
(i), that is compliant with the requirements of section 144.293, subdivision 8,
when conducting meaningful use transactions; and
(4) hold reciprocal
agreements with at least one state-certified health information organization to
enable access to record locator services to find patient data, and for the
transmission and receipt of meaningful use transactions consistent with the
format and content required by national standards established by Centers for
Medicare and Medicaid Services. Reciprocal
agreements must meet the requirements established in subdivision 5.
Subd. 3. Certificate
of authority for health information organizations. (a) A health information organization
that provides all electronic capabilities for the transmission of clinical
transactions necessary for meaningful use of electronic health records must
obtain a certificate of authority from the commissioner and demonstrate compliance
with the criteria in paragraph (c).
(b)
Notwithstanding any law to the contrary, a nonprofit corporation organized to
do so may apply for a certificate of authority to establish and operate a
health information organization under this section. No person shall establish or operate a health
information organization in this state, nor sell or offer to sell, or solicit
offers to purchase or receive advance or periodic consideration in conjunction
with a health information organization or health information contract unless
the organization has a certificate of authority under this section.
(c) In
issuing the certificate of authority, the commissioner shall determine whether
the applicant for the certificate of authority has demonstrated that the applicant
meets the following minimum criteria:
(1) the
entity is a legally established, nonprofit organization;
(2)
appropriate insurance, including liability insurance, for the operation of the
health information organization is in place and sufficient to protect the
interest of the public and participating entities;
(3)
strategic and operational plans clearly address how the organization will
expand technical capacity of the health information organization to support
providers in achieving meaningful use of electronic health records over time;
(4) the
entity addresses the parameters to be used with participating entities and
other health information organizations for meaningful use transactions,
compliance with Minnesota law, and interstate health information exchange in
trust agreements;
(5) the
entity's board of directors is composed of members that broadly represent the
health information organization's participating entities and consumers;
(6) the
entity maintains a professional staff responsible to the board of directors
with the capacity to ensure accountability to the organization's mission;
(7) the
organization is compliant with criteria established under the Health
Information Exchange Accreditation Program of the Electronic Healthcare Network
Accreditation Commission (EHNAC) or equivalent criteria established by the
commissioner;
(8) the
entity maintains a record locator service as defined in section 144.291,
subdivision 2, paragraph (i), that is compliant with the requirements of
section 144.293, subdivision 8, when conducting meaningful use transactions;
(9) the
organization demonstrates interoperability with all other state-certified
health information organizations using nationally recognized standards;
(10) the
organization demonstrates compliance with all privacy and security requirements
required by state and federal law; and
(11) the
organization uses financial policies and procedures consistent with generally
accepted accounting principles and has an independent audit of the
organization's financials on an annual basis.
(d) Health
information organizations that have obtained a certificate of authority must:
(1) meet
the requirements established for connecting to the Nationwide Health
Information Network (NHIN) within the federally mandated timeline or within a
time frame established by the commissioner and published in the State Register. If the state timeline for implementation
varies from the federal timeline, the State Register notice shall include an
explanation for the variation;
(2)
annually submit strategic and operational plans for review by the commissioner
that address:
(i)
increasing adoption rates to include a sufficient number of participating
entities to achieve financial sustainability; and
(ii)
progress in achieving objectives included in previously submitted strategic and
operational plans across the following domains:
business and technical operations, technical infrastructure, legal and
policy issues, finance, and organizational governance;
(3) develop
and maintain a business plan that addresses:
(i) plans
for ensuring the necessary capacity to support meaningful use transactions;
(ii)
approach for attaining financial sustainability, including public and private
financing strategies, and rate structures;
(iii) rates
of adoption, utilization, and transaction volume, and mechanisms to support
health information exchange; and
(iv) an
explanation of methods employed to address the needs of community clinics,
critical access hospitals, and free clinics in accessing health information
exchange services;
(4)
annually submit a rate plan to the commissioner outlining fee structures for
health information exchange services for approval by the commissioner. The commissioner shall approve the rate plan
if it:
(i)
distributes costs equitably among users of health information services;
(ii)
provides predictable costs for participating entities;
(iii)
covers all costs associated with conducting the full range of meaningful use
clinical transactions, including access to
health information retrieved through other state-certified health information
exchange service providers; and
(iv)
provides for a predictable revenue stream for the health information
organization and generates sufficient resources to maintain operating costs and
develop technical infrastructure necessary to serve the public interest;
(5) enter
into reciprocal agreements with all other state-certified health information
organizations to enable access to record locator services to find patient data,
and transmission and receipt of meaningful use transactions consistent with the
format and content required by national standards established by Centers for
Medicare and Medicaid Services. Reciprocal
agreements must meet the requirements in subdivision 5; and
(6) comply
with additional requirements for the certification or recertification of health
information organizations that may be established by the commissioner.
Subd. 4. Application
for certificate of authority for health information exchange service providers. (a) Each application for a
certificate of authority shall be in a form prescribed by the commissioner and
verified by an officer or authorized representative of the applicant. Each application shall include the following:
(1) a copy
of the basic organizational document, if any, of the applicant and of each
major participating entity, such as the articles of incorporation, or other
applicable documents, and all amendments to it;
(2) a list
of the names, addresses, and official positions of the following:
(i) all
members of the board of directors, and the principal officers and, if
applicable, shareholders of the applicant organization; and
(ii) all
members of the board of directors, and the principal officers of each major
participating entity and, if applicable, each shareholder beneficially owning
more than ten percent of any voting stock of the major participating entity;
(3) the
name and address of each participating entity and the agreed-upon duration of
each contract or agreement if applicable;
(4) a copy
of each standard agreement or contract intended to bind the participating
entities and the health information organization. Contractual provisions shall be consistent
with the purposes of this section, in regard to the services to be performed
under the standard agreement or contract, the manner in which payment for
services is determined, the nature and extent of responsibilities to be
retained by the health information organization, and contractual termination
provisions;
(5) a copy
of each contract intended to bind major participating entities and the health
information organization. Contract
information filed with the commissioner under this section shall be nonpublic
as defined in section 13.02, subdivision 9;
(6) a
statement generally describing the health information organization, its health
information exchange contracts, facilities, and personnel, including a
statement describing the manner in which the applicant proposes to provide
participants with comprehensive health information exchange services;
(7)
financial statements showing the applicant's assets, liabilities, and sources
of financial support, including a copy of the applicant's most recent certified
financial statement;
(8)
strategic and operational plans that specifically address how the organization
will expand technical capacity of the health information organization to
support providers in achieving meaningful use of electronic health records over
time, a description of the proposed method of marketing the services, a schedule
of proposed charges, and a financial plan that includes a three-year projection
of the expenses and income and other sources of future capital;
(9) a
statement reasonably describing the geographic area or areas to be served and
the type or types of participants to be served;
(10) a
description of the complaint procedures to be used as required under this
section;
(11) a
description of the mechanism by which participating entities will have an
opportunity to participate in matters of policy and operation;
(12) a copy
of any pertinent agreements between the health information organization and
insurers, including liability insurers, demonstrating coverage is in place;
(13) a copy
of the conflict of interest policy that applies to all members of the board of
directors and the principal officers of the health information organization;
and
(14) other
information as the commissioner may reasonably require to be provided.
(b) Within
30 days after the receipt of the application for a certificate of authority, the
commissioner shall determine whether or not the application submitted meets the
requirements for completion in paragraph (a), and notify the applicant of any
further information required for the application to be processed.
(c) Within
90 days after the receipt of a complete application for a certificate of
authority, the commissioner shall issue a certificate of authority to the
applicant if the commissioner determines that the applicant meets the minimum
criteria requirements of subdivision 2 for health data intermediaries or
subdivision 3 for health information organizations. If the commissioner determines that the
applicant is not qualified, the commissioner shall notify the applicant and
specify the reasons for disqualification.
(d) Upon
being granted a certificate of authority to operate as a health information
organization, the organization must operate in compliance with the provisions
of this section. Noncompliance may
result in the imposition of a fine or the suspension or revocation of the
certificate of authority according to section 62J.4982.
Subd. 5. Reciprocal
agreements between health information exchange entities. (a) Reciprocal agreements between two
health information organizations or between a health information organization
and a health data intermediary must include a fair and equitable model for
charges between the entities that:
(1) does
not impede the secure transmission of transactions necessary to achieve
meaningful use;
(2) does
not charge a fee for the exchange of meaningful use transactions transmitted
according to nationally recognized standards where no additional value-added
service is rendered to the sending or receiving health information organization
or health data intermediary either directly or on behalf of the client;
(3) is
consistent with fair market value and proportionately reflects the value-added
services accessed as a result of the agreement; and
(4)
prevents health care stakeholders from being charged multiple times for the
same service.
(b)
Reciprocal agreements must include comparable quality of service standards that
ensure equitable levels of services.
(c)
Reciprocal agreements are subject to review and approval by the commissioner.
(d) Nothing
in this section precludes a state-certified health information organization or
state-certified health data intermediary from entering into contractual
agreements for the provision of value-added services beyond meaningful use.
(e) The
commissioner of human services or health, when providing access to data or
services through a certified health information organization, must offer the
same data or services directly through any certified health information
organization at the same pricing, if the health information organization pays
for all connection costs to the state data or service. For all external connectivity to the
respective agencies through existing or future information exchange
implementations, the respective agency shall establish the required
connectivity methods as well as protocol standards to be utilized.
Subd. 6. State
participation in health information exchange. A state agency that connects to a
health information exchange service provider for the purpose of exchanging
meaningful use transactions must ensure that the contracted health information
exchange service provider has reciprocal agreements in place as required by
this section. The reciprocal agreements
must provide equal access to information supplied by the agency as necessary
for meaningful use by the participating entities of the other health
information service providers.
Sec. 8. [62J.4982]
ENFORCEMENT AUTHORITY; COMPLIANCE.
Subdivision
1. Penalties and enforcement.
(a) The commissioner may, for any violation of statute or rule
applicable to a health information exchange service provider, levy an
administrative penalty in an amount up to $25,000 for each violation. In determining the level of an administrative
penalty, the commissioner shall consider the following factors:
(1) the
number of participating entities affected by the violation;
(2) the
effect of the violation on participating entities' access to health information
exchange services;
(3) if only
one participating entity is affected, the effect of the violation on the patients
of that entity;
(4) whether
the violation is an isolated incident or part of a pattern of violations;
(5) the
economic benefits derived by the health information organization or a health
data intermediary by virtue of the violation;
(6) whether
the violation hindered or facilitated an individual's ability to obtain health
care;
(7) whether
the violation was intentional;
(8) whether
the violation was beyond the direct control of the health information exchange
service provider;
(9) any
history of prior compliance with the provisions of this section, including
violations;
(10)
whether and to what extent the health information exchange service provider
attempted to correct previous violations;
(11) how
the health information exchange service provider responded to technical
assistance from the commissioner provided in the context of a compliance
effort; and
(12) the
financial condition of the health information exchange service provider
including, but not limited to, whether the health information exchange service
provider had financial difficulties that affected its ability to comply or
whether the imposition of an administrative monetary penalty would jeopardize
the ability of the health information exchange service provider to continue to
deliver health information exchange services.
The
commissioner shall give reasonable notice in writing to the health information
exchange service provider of the intent to levy the penalty and the reasons for
them. A health information exchange
service provider may have 15 days within which to contest whether the facts
found constitute a violation of sections 62J.4981 and 62J.4982, according to
the contested case and judicial review provisions of sections 14.57 to 14.69.
(b) If the
commissioner has reason to believe that a violation of section 62J.4981 or
62J.4982 has occurred or is likely, the commissioner may confer with the
persons involved before commencing action under subdivision 2. The commissioner may notify the health
information exchange service provider and the representatives, or other persons
who appear to be involved in the suspected violation, to arrange a voluntary
conference with the alleged violators or their authorized representatives. The purpose of the conference is to attempt
to learn the facts about the suspected violation and, if it appears that a
violation has occurred or is threatened, to find a way to correct or prevent it. The conference is not governed by any formal
procedural requirements, and may be conducted as the commissioner considers
appropriate.
(c) The
commissioner may issue an order directing a health information exchange service
provider or a representative of a health information exchange service provider
to cease and desist from engaging in any act or practice in violation of
sections 62J.4981 and 62J.4982.
(d) Within
20 days after service of the order to cease and desist, a health information
exchange service provider may contest whether the facts found constitute a
violation of sections 62J.4981 and 62J.4982 according to the contested case and
judicial review provisions of sections 14.57 to 14.69.
(e) In the
event of noncompliance with a cease and desist order issued under this
subdivision, the commissioner may institute a proceeding to obtain injunctive
relief or other appropriate relief in Ramsey County District Court.
Subd. 2. Suspension
or revocation of certificates of authority.
(a) The commissioner may suspend or revoke a certificate of
authority issued to a health data intermediary or health information
organization under section 62J.4981 if the commissioner finds that:
(1) the
health information exchange service provider is operating significantly in
contravention of its basic organizational document, or in a manner contrary to
that described in and reasonably inferred from any other information submitted
under section 62J.4981, unless amendments to the submissions have been filed
with and approved by the commissioner;
(2) the
health information exchange service provider is unable to fulfill its obligations
to furnish comprehensive health information exchange services as required under
its health information exchange contract;
(3) the
health information exchange service provider is no longer financially solvent
or may not reasonably be expected to meet its obligations to participating
entities;
(4) the
health information exchange service provider has failed to implement the
complaint system in a manner designed to reasonably resolve valid complaints;
(5) the
health information exchange service provider, or any person acting with its
sanction, has advertised or merchandised its services in an untrue, misleading,
deceptive, or unfair manner;
(6) the
continued operation of the health information exchange service provider would
be hazardous to its participating entities or the patients served by the
participating entities; or
(7) the
health information exchange service provider has otherwise failed to
substantially comply with section 62J.4981 or with any other statute or
administrative rule applicable to health information exchange service
providers, or has submitted false information in any report required under
sections 62J.498 to 62J.4982.
(b) A
certificate of authority shall be suspended or revoked only after meeting the
requirements of subdivision 3.
(c) If the
certificate of authority of a health information exchange service provider is
suspended, the health information exchange service provider shall not, during
the period of suspension, enroll any additional participating entities, and
shall not engage in any advertising or solicitation.
(d) If the
certificate of authority of a health information exchange service provider is
revoked, the organization shall proceed, immediately following the effective
date of the order of revocation, to wind up its affairs, and shall conduct no
further business except as necessary to the orderly conclusion of the affairs
of the organization. The organization
shall engage in no further advertising or solicitation. The commissioner may, by written order,
permit further operation of the organization as the commissioner finds to be in
the best interest of participating entities, to the end that participating
entities will be given the greatest practical opportunity to access continuing
health information exchange services.
Subd. 3. Denial,
suspension, and revocation; administrative procedures. (a) When the commissioner has cause to
believe that grounds for the denial, suspension, or revocation of a certificate
of authority exist, the commissioner shall notify the health information
exchange service provider in writing stating the grounds for denial,
suspension, or revocation and setting a time within 20 days for a hearing on
the matter.
(b) After a
hearing before the commissioner at which the health information exchange
service provider may respond to the grounds for denial, suspension, or
revocation, or upon the failure of the health information exchange service
provider to appear at the hearing, the commissioner shall take action as deemed
necessary and shall issue written findings and mail them to the health
information exchange service provider.
(c) If
suspension, revocation, or administrative penalty is proposed according to this
section, the commissioner must deliver, or send by certified mail with return
receipt requested, to the health information exchange service provider written
notice of the commissioner's intent to impose a penalty. This notice of proposed determination must
include:
(1) a
reference to the statutory basis for the penalty;
(2) a
description of the findings of fact regarding the violations with respect to
which the penalty is proposed;
(3) the
nature and amount of the proposed penalty;
(4) any
circumstances described in subdivision 1, paragraph (a), that were considered
in determining the amount of the proposed penalty;
(5)
instructions for responding to the notice, including a statement of the health
information exchange service provider's right to a contested case proceeding
and a statement that failure to request a contested case proceeding within 30
calendar days permits the imposition of the proposed penalty; and
(6) the
address to which the contested case proceeding request must be sent.
Subd. 4. Coordination. (a) The commissioner shall, to the
extent possible, seek the advice of the Minnesota e‑Health Advisory
Committee, in the review and update of criteria for the certification and
recertification of health information exchange service providers when
implementing sections 62J.498 to 62J.4982.
(b) By
January 1, 2011, the commissioner shall report to the governor and the chairs
of the senate and house of representatives committees having jurisdiction over
health information policy issues on the status of health information exchange
in Minnesota, and provide recommendations on further action necessary to
facilitate the secure electronic movement of health information among health
providers that will enable Minnesota providers and hospitals to meet meaningful
use exchange requirements.
Subd. 5. Fees
and monetary penalties. (a) The
commissioner shall assess fees on every health information exchange service
provider subject to sections 62J.4981 and 62J.4982 as follows:
(1) filing
an application for certificate of authority to operate as a health information
organization, $10,500;
(2) filing
an application for certificate of authority to operate as a health data
intermediary, $7,000;
(3) annual
health information organization certificate fee, $14,000;
(4) annual
health data intermediary certificate fee, $7,000; and
(5) fees
for other filings, as specified by rule.
(b)
Administrative monetary penalties imposed under this subdivision shall be
credited to an account in the special revenue fund and are appropriated to the
commissioner for the purposes of sections 62J.498 to 62J.4982.
Sec. 9. FEDERAL
FUNDING.
To the
extent that the commissioner of health applies for additional federal funding
to support the commissioner's responsibilities of developing and maintaining
state-level health information exchange under section 3013 of the HITECH Act,
the commissioner of health shall ensure that applications are made through an
open process that provides health information exchange service providers equal
opportunity to receive funding.
Sec. 10. NONSUBMISSION
OF HEALTH CARE CLAIM BY CLEARINGHOUSE; SIGNIFICANT DISRUPTION.
A situation
shall be considered a significant disruption to normal operations that
materially affects the provider's or facility's ability to conduct business in
a normal manner and to submit claims on a timely basis under Minnesota
Statutes, section 62Q.75, if:
(1) a
clearinghouse loses, or otherwise does not submit, a health care claim as
required by Minnesota Statutes, section 62J.536; and
(2) the
provider or facility can substantiate that it submitted a complete claim to the
clearinghouse within provisions stated in contract or six months of the date of
service, whichever is less.
This
section expires January 1, 2012.
Sec. 11. APPROPRIATION;
HEALTH INFORMATION EXCHANGE OVERSIGHT.
$104,000 in
fiscal year 2011 is appropriated from the state government special revenue fund
to the commissioner of health for the duties required under Minnesota Statutes,
sections 62J.498 to 62J.4982. Base
funding shall be $97,000 in fiscal year 2012 and $97,000 in fiscal year 2013."
Delete the
title and insert:
"A
bill for an act relating to health; amending provisions for electronic health
record technology; providing for administrative penalties; defining significant
disruption to normal operations; appropriating money; amending Minnesota
Statutes 2009 Supplement, sections 62J.495, subdivisions 1a, 3, by adding a
subdivision; 62J.497, subdivisions 4, 5; proposing coding for new law in
Minnesota Statutes, chapter 62J."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Tony Lourey, Yvonne Prettner
Solon and Julie Rosen.
House Conferees:
Thomas Huntley, Maria Ruud
and Jim Abeler.
Huntley moved that the report of the
Conference Committee on S. F. No. 2974 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker called Hortman to the Chair.
S. F. No. 2974,
A bill for an act relating to health; amending provisions for electronic health
record technology; providing for administrative penalties; appropriating money;
amending Minnesota Statutes 2009 Supplement, sections 62J.495, subdivisions 1a,
3, by adding a subdivision; 62J.497, subdivisions 4, 5; proposing coding for
new law in Minnesota Statutes, chapter 62J.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 102 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Demmer
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Champion
Davids
Davnie
Dean
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Loon
Mack
Sanders
Scott
Seifert
Severson
Shimanski
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 1481.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON 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.
May 6, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 1481 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that S. F. No. 1481 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. RETIREMENT
INCENTIVE.
Subdivision
1. Eligibility. (a)
An eligible appointing authority may provide the retirement incentive in this
section to an employee who:
(1) has at
least 15 years of allowable service in one or more of the funds listed in
Minnesota Statutes, section 356.30, subdivision 3, or has at least 15 years of
coverage by the individual retirement account plan governed by Minnesota
Statutes, chapter 354B, and upon retirement is immediately eligible for a
retirement annuity or benefit from one or more of these funds;
(2) accepts
the incentive no later than December 31, 2010, and retires no later than June
30, 2011; and
(3) is not
in receipt of a retirement plan, retirement annuity, retirement allowance, or
service pension from a fund listed in Minnesota Statutes, section 356.30,
subdivision 3, during the month preceding the termination of qualified
employment.
(b) An
eligible appointing authority is any appointing authority in the executive,
legislative, or judicial branch of state government, the Public Employees
Retirement Association, the Minnesota State Retirement System, the Teachers
Retirement Association, or the Minnesota State Colleges and Universities.
(c) An
elected official is not eligible to receive an incentive under this section.
(d) An
employee who, after termination of employment, receives an employer contribution
for health insurance may not receive a payment for health insurance under this
section from that appointing authority.
Subd. 2. Incentive. For an employee eligible under
subdivision 1, the appointing authority will deposit into the employee's
account in the health care savings plan established in Minnesota Statutes,
section 352.98, up to 24 months of the employer contribution, as specified
in the collective bargaining agreement or compensation plan covering the
position from which the employee terminates service, for health and dental
insurance for the employee, and, if the employee had dependent coverage
immediately before retirement, for the employee's dependents. The contributions provided under this section
are those the employee was receiving as of the date of termination, subject to
any changes in contributions specified in the collective bargaining agreement
or compensation plan covering the position from which the employee terminated
service.
Subd. 3. Employer
discretion; implementation. Provision
of an incentive under this section is at the discretion of the appointing
authority. Appointing authorities in the
executive branch must apply for approval from the commissioner of management
and budget before providing early retirement incentives under this section. All appointing authorities and the
commissioner's review must give consideration to issues such as equity within
the agency, budgetary constraints, and workforce planning concerns. The appointing authority will determine the
date of retirement upon consultation with the employee. Unilateral implementation of this section by
the appointing authority is not an unfair labor practice under Minnesota
Statutes, chapter 179A.
Subd. 4. Acceptance. An employee who is eligible for an
incentive under this section, who is offered an incentive by the appointing
authority, and who accepts the incentive offer must do so in writing. A copy of the acceptance document must be
provided by the appointing authority to the applicable retirement plan within
15 days of its execution.
Subd. 5. Reemployment
prohibition. An individual
who receives an incentive payment under this section may not be reemployed or
hired as a consultant by any agency or entity that participates in the State Employee
Group Insurance Program for a period of three years after termination of
service.
Subd. 6. Report. The commissioner of management and
budget must report to the legislature by April 2, 2011, regarding use of the
retirement incentive for calendar year 2010, with a recommendation regarding
renewal of the incentive.
Sec. 2. EFFECTIVE
DATE.
Section 1 is effective the
day following final enactment."
Delete the title and insert:
"A bill for an act
relating to state government finance; authorizing retirement incentives for
certain state employees."
We request the adoption of
this report and repassage of the bill.
Senate Conferees: Richard
Cohen, Tarryl Clark and LeRoy
Stumpf.
House Conferees: Loren
Solberg, Lyndon Carlson and Steve
Smith.
Solberg moved that the report of the Conference Committee on
S. F. No. 1481 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
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.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 105 yeas and
27 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Dean
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Sanders
Scott
Seifert
Severson
Shimanski
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2790.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2790
A bill for
an act relating to public safety; modifying provisions related to certain juvenile
records; authorizing the expungement of certain juvenile records; authorizing
the commissioner of human services to grant set asides or variances for certain
individuals disqualified from licensure because of an offense committed as a
juvenile; requiring chemical use screen of juvenile offenders; changing
penalties and prohibitions related to using or brandishing replica firearms and
BB guns on school property; requiring the revisor of statutes to publish a
table in Minnesota Statutes containing cross-references to collateral sanctions
imposed on juveniles as a result of an adjudication of delinquency; clarifying
detention placement options for extended jurisdiction juveniles pending
revocation hearings; modifying certain provisions regarding juvenile
delinquency to include stays of adjudication of delinquency; extending the
duration of the continuance period allowed in a juvenile delinquency matter;
amending Minnesota Statutes 2008, sections 121A.23, subdivision 1; 241.31,
subdivision 1; 242.32, subdivision 2; 260B.125, subdivision 4; 260B.130,
subdivision 5; 260B.157, subdivision 1; 260B.171, subdivision 5; 260B.176,
subdivision 2; 260B.198, subdivision 7; 299C.105, subdivision 1; 299C.61,
subdivision 8a; 609.117, subdivision 1; 609.344, subdivision 1; 609.66,
subdivision 1d; 609A.02, subdivisions 2, 3; 609A.03, subdivisions 1, 2, 4, 5,
5a, 7; 624.713, subdivision 3; Minnesota Statutes 2009 Supplement, sections
245C.24, subdivision 2; 624.713, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 609A.
May 6, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2790 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that S. F. No. 2790 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 245C.24, subdivision 2, is amended to read:
Subd. 2. Permanent
bar to set aside a disqualification. (a)
Except as otherwise provided in paragraph (b) this subdivision,
the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section
245C.15, subdivision 1.
(b) For an
individual in the chemical dependency or corrections field who was disqualified
for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must
consider granting a variance pursuant to section 245C.30 for the license holder
for a program dealing primarily with adults.
A request for reconsideration evaluated under this paragraph must
include a letter of recommendation from the license holder that was subject to
the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's
departure from that service.
(c) When a
licensed foster care provider adopts an individual who had received foster care
services from the provider for over six months, and the adopted individual is
required to receive a background study under section 245C.03, subdivision 1,
paragraph (a), clause (2) or (6), the commissioner may grant a variance to the
license holder under section 245C.30 to permit the adopted individual with a
permanent disqualification to remain affiliated with the license holder under
the conditions of the variance when the variance is recommended by the county
of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.
(d) The
commissioner shall consider granting a set aside under section 245C.22 or a
variance under section 245C.30 to an individual who is now 21 years of age or
older and who was disqualified for a crime or conduct listed under section
245C.15, subdivision 1, occurring while the individual was under the age of 18. This paragraph does not apply to
individuals who were convicted of the disqualifying crime following
certification under section 260B.125.
Sec. 2. Minnesota Statutes 2008, section 260B.157,
subdivision 1, is amended to read:
Subdivision
1. Investigation. Upon request of the court the local
social services agency or probation officer shall investigate the personal and
family history and environment of any minor coming within the jurisdiction of
the court under section 260B.101 and shall report its findings to the court. The court may order any minor coming within
its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.
The court
shall order a chemical use assessment conducted when a child is (1) found to be
delinquent for violating a provision of chapter 152, or for committing a
felony-level violation of a provision of chapter 609 if the probation officer
determines that alcohol or drug use was a contributing factor in the commission
of the offense, or (2) alleged to be delinquent for violating a provision of
chapter 152, if the child is being held in custody under a detention order. The assessor's qualifications and the
assessment criteria shall comply with Minnesota Rules, parts 9530.6600 to
9530.6655. If funds under chapter 254B
are to be used to pay for the recommended treatment, the assessment and
placement must comply with all provisions of Minnesota Rules, parts 9530.6600
to 9530.6655 and 9530.7000 to 9530.7030.
The commissioner of human services shall reimburse the court for the
cost of the chemical use assessment, up to a maximum of $100.
The court
shall order a children's mental health screening and a chemical use
screening conducted when a child is found to be delinquent. The screening shall be conducted with a
screening instrument approved by the commissioner of human services and shall
be conducted by a mental health practitioner as defined in section 245.4871,
subdivision 26, or a probation officer who is trained in the use of the
screening instrument. If the approved
instrument includes screening for mental health and chemical use, a single
screening fulfills both requirements. If
the screening indicates a need for a mental health assessment, the local
social services agency, in consultation with the child's family, shall have a
diagnostic assessment conducted, including a functional assessment, as defined
in section 245.4871. If the screening
indicates a need for a chemical use assessment, a referral must be made, in
consultation with the child's family, for a chemical use assessment, as defined
in section 254A.03, subdivision 3.
With the
consent of the commissioner of corrections and agreement of the county to pay
the costs thereof, the court may, by order, place a minor coming within its
jurisdiction in an institution maintained by the commissioner for the
detention, diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given due consideration
in the disposition of the case. Any
funds received under the provisions of this subdivision shall not cancel until
the end of the fiscal year immediately following the fiscal year in which the
funds were received. The funds are
available for use by the commissioner of corrections during that period and are
hereby appropriated annually to the commissioner of corrections as
reimbursement of the costs of providing these services to the juvenile courts.
Sec. 3. Minnesota Statutes 2008, section 260B.176,
subdivision 2, is amended to read:
Subd. 2. Reasons
for detention. (a) If the child is
not released as provided in subdivision 1, the person taking the child into
custody shall notify the court as soon as possible of the detention of the
child and the reasons for detention.
(b) No child
may be detained in a juvenile secure detention facility or shelter care
facility longer than 36 hours, excluding Saturdays, Sundays, and holidays,
after being taken into custody for a delinquent act as defined in section
260B.007, subdivision 6, unless a petition has been filed and the judge or
referee determines pursuant to section 260B.178 that the child shall remain in
detention.
(c) No child
may be detained in an adult jail or municipal lockup longer than 24 hours,
excluding Saturdays, Sundays, and holidays, or longer than six hours in an
adult jail or municipal lockup in a standard metropolitan statistical area, after being taken into custody
for a delinquent act as defined in section 260B.007, subdivision 6, unless:
(1) a
petition has been filed under section 260B.141; and
(2) a judge
or referee has determined under section 260B.178 that the child shall remain in
detention.
After August
1, 1991, no child described in this paragraph may be detained in an adult jail
or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and
holidays, or longer than six hours in an adult jail or municipal lockup in a
standard metropolitan statistical area, unless the requirements of this
paragraph have been met
and, in
addition, a motion to refer the child for adult prosecution has been made under
section 260B.125. Notwithstanding this
paragraph, continued detention of a child in an adult detention facility
outside of a standard metropolitan statistical area county is permissible if:
(i) the
facility in which the child is detained is located where conditions of distance
to be traveled or other ground transportation do not allow for court
appearances within 24 hours. A delay not
to exceed 48 hours may be made under this clause; or
(ii) the facility
is located where conditions of safety exist.
Time for an appearance may be delayed until 24 hours after the time that
conditions allow for reasonably safe travel.
"Conditions of safety" include adverse life-threatening
weather conditions that do not allow for reasonably safe travel.
The
continued detention of a child under clause (i) or (ii) must be reported to the
commissioner of corrections.
(d) If a
child described in paragraph (c) is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance
with rules and procedures established by the commissioner of corrections, shall
notify the commissioner of the place of the detention and the reasons therefor. The commissioner shall thereupon assist the
court in the relocation of the child in an appropriate juvenile secure
detention facility or approved jail within the county or elsewhere in the
state, or in determining suitable alternatives.
The commissioner shall direct that a child detained in a jail be
detained after eight days from and including the date of the original detention
order in an approved juvenile secure detention facility with the approval of
the administrative authority of the facility.
If the court refers the matter to the prosecuting authority pursuant to
section 260B.125, notice to the commissioner shall not be required.
(e) When a
child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal
lockup as provided in paragraph (c), the supervisor of the facility shall, if
the child's parent or legal guardian consents, have a children's mental health
screening conducted with a screening instrument approved by the commissioner of
human services, unless a screening has been performed within the previous 180
days or the child is currently under the care of a mental health professional. The screening shall be conducted by a mental
health practitioner as defined in section 245.4871, subdivision 26, or a
probation officer who is trained in the use of the screening instrument. The screening shall be conducted after the
initial detention hearing has been held and the court has ordered the child
continued in detention. The results of
the screening may only be presented to the court at the dispositional phase of
the court proceedings on the matter unless the parent or legal guardian
consents to presentation at a different time.
If the screening indicates a need for assessment, the local social
services agency or probation officer, with the approval of the child's parent
or legal guardian, shall have a diagnostic assessment conducted, including a
functional assessment, as defined in section 245.4871.
(f) When a
child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal
lockup as provided in paragraph (c), the supervisor of the facility shall, if
the child's parent or legal guardian consents, have a chemical use screen
conducted with a screening instrument approved by the commissioner of human
services, unless a screening has been performed within the previous 180 days or
the child is currently under the care of a licensed alcohol and drug counselor. The screening shall be conducted by a mental
health practitioner as defined in section 245.4871, subdivision 26, or a
probation officer who is trained in the use of the screening instrument. The screening shall be conducted after the
initial detention hearing has been held and the court has ordered the child
continued in detention.
Sec. 4. Minnesota Statutes 2008, section 609A.02,
subdivision 2, is amended to read:
Subd. 2. Offenses
committed by juveniles prosecuted as adults. A petition for the sealing of a
conviction record any type of delinquency or criminal record relating to
a juvenile matter may be filed under section 609A.03 by a person who has been
committed to the custody of the commissioner of corrections upon conviction of
a crime following certification to district court under section 260B.125, if
the person successfully completed the terms of the person's disposition
or sentence and who is no longer under correctional supervision for the
offense, if:
(1) is
finally discharged by the commissioner; or the person received a
disposition under section 260B.198, regardless of whether the person was
adjudicated delinquent;
(2) has
been placed on probation by the court under section 609.135 and has been
discharged from probation after satisfactory fulfillment of it the
matter was designated an extended jurisdiction juvenile prosecution under
section 260B.130 and the person's adult sentence was never executed;
(3) the
matter was designated an extended jurisdiction juvenile prosecution under section
260B.130 and the person's adult sentence was subsequently executed; or
(4) the
matter was certified for adult prosecution under section 260B.125.
Sec. 5. Minnesota Statutes 2008, section 609A.02,
subdivision 3, is amended to read:
Subd. 3. Certain
criminal proceedings not resulting in conviction. A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information,
trial, or verdict if the records are not subject to section 299C.11,
subdivision 1, paragraph (b), and if:
(1) all pending
actions or proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict of
not guilty by reason of mental illness is not a resolution in favor of the
petitioner; or
(2) the
petitioner has successfully completed the terms of a diversion program or stay
of adjudication that was agreed to by the prosecutor and has not been charged
with a new crime for at least one year since completion of the diversion
program or stay of adjudication.
Sec. 6. [609A.025]
EXPUNGEMENT FOR CASES INVOLVING DIVERSION AND STAYS OF ADJUDICATION; NO
PETITION REQUIRED WITH PROSECUTOR AGREEMENT AND VICTIM NOTIFICATION.
(a) Upon
agreement of the prosecutor, the court shall seal the criminal record for a
person described in section 609A.02, subdivision 3, clause (2), without the
filing of a petition unless it determines that the interests of the public and public safety in keeping the record public
outweigh the disadvantages to the subject of the record in not sealing it.
(b) Before
agreeing to the sealing of a record under this section, the prosecutor shall
make a good-faith effort to inform any identifiable victims of the offense of
the intended prosecutorial agreement and the opportunity to object to the
agreement.
(c) Subject
to paragraph (b), the prosecutor may agree to the sealing of records under this
section before or after the criminal charges are dismissed.
Sec. 7. Minnesota Statutes 2008, section 609A.03,
subdivision 1, is amended to read:
Subdivision
1. Petition;
filing fee. An individual who is the
subject of a criminal record who is seeking the expungement of the record shall
file a petition under this section and pay a filing fee in the amount required
under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of
indigency and shall be waived in the cases described in section 609A.02, subdivision
2, clause (1) or (2), and subdivision 3.
Sec. 8. Minnesota Statutes 2008, section 609A.03,
subdivision 2, is amended to read:
Subd. 2. Contents
of petition. (a) A petition for
expungement shall be signed under oath by the petitioner and shall state the
following:
(1) the
petitioner's full name and all other legal names or aliases by which the
petitioner has been known at any time;
(2) the
petitioner's date of birth;
(3) all of
the petitioner's addresses from the date of the offense or alleged offense in
connection with which an expungement order is sought, to the date of the
petition;
(4) why
expungement is sought, if it is for employment or licensure purposes, the
statutory or other legal authority under which it is sought, and why it should
be granted;
(5) the
details of the offense or arrest for which expungement is sought, including the
date and jurisdiction of the occurrence, either the names of any victims or
that there were no identifiable victims, whether there is a current order for
protection, restraining order, or other no contact order prohibiting the
petitioner from contacting the victims or whether there has ever been a prior
order for protection or restraining order prohibiting the petitioner from
contacting the victims, the court file number, and the date of conviction or of
dismissal;
(6) in the
case of a conviction or delinquency record, what steps the petitioner
has taken since the time of the offense toward personal rehabilitation,
including treatment, work, or other personal history that demonstrates
rehabilitation;
(7)
petitioner's criminal conviction and delinquency record indicating all
convictions and findings of delinquency for misdemeanors, gross
misdemeanors, or felonies in this state, and for all comparable convictions and
findings of delinquency in any other state, federal court, or foreign
country, whether the convictions or findings of delinquency occurred
before or after the arrest or, conviction, or finding of
delinquency for which expungement is sought;
(8)
petitioner's criminal charges record indicating all prior and pending criminal
charges against the petitioner in this state or another jurisdiction, including
all criminal charges that have been continued for dismissal or stayed for
adjudication, or have been the subject of pretrial diversion; and
(9) all
prior requests by the petitioner, whether for the present offense or for any
other offenses, in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record,
whether granted or not, and all stays of adjudication or imposition of sentence
involving the petitioner.
(b) If
there is a current order for protection, restraining order, or other no contact
order prohibiting the petitioner from contacting the victims or there has ever
been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims, the petitioner shall attach a copy of
the order to the petition.
(c) Where
practicable, the petitioner shall attach to the petition a copy of the
complaint or the police report for the offense or offenses for which
expungement is sought.
Sec. 9. Minnesota Statutes 2008, section 609A.03,
subdivision 4, is amended to read:
Subd. 4. Hearing. (a) A hearing on the petition
shall be held no sooner than 60 days after service of the petition. A victim of the offense for which expungement
is sought has a right to submit an oral or written statement to the court at
the time of the hearing describing the harm suffered by the victim as a result of
the crime and the victim's recommendation on whether expungement should be
granted or denied. The judge shall
consider the victim's statement when making a decision.
(b) The
court shall exclude the general public from a hearing on a petition to expunge
a record relating to a juvenile matter under section 609A.02, subdivision 2,
and may admit only persons who the court determines have a direct interest in
the case, unless the hearing on the underlying offense for which expungement is
sought was open to the public under section 260B.163, subdivision 1, paragraph
(c), or other law.
Sec. 10. Minnesota Statutes 2008, section 609A.03,
subdivision 5, is amended to read:
Subd. 5. Nature
of remedy; standard; firearms restriction. (a) Except as otherwise provided by
paragraph (b) or (c), expungement of a criminal or delinquency
record is an extraordinary remedy to be granted only upon clear and convincing
evidence that it would yield a benefit to the petitioner commensurate with the
disadvantages to the public and public safety of:
(1) sealing
the record; and
(2)
burdening the court and public authorities to issue, enforce, and monitor an
expungement order.
(b) Except
as otherwise provided by this paragraph, If the petitioner is petitioning for
the sealing of a criminal or juvenile record under section 609A.02,
subdivision 3, the court shall grant the petition to seal the record unless the
agency or jurisdiction whose records would be affected establishes by clear and
convincing evidence that the interests of the public and public safety outweigh
the disadvantages to the petitioner of not sealing the record.
(c) If
the petitioner is petitioning for the sealing of a criminal or delinquency
record under section 609A.02, subdivision 2, clause (1) or (2), the court shall
grant the petition to seal the record unless the agency or jurisdiction whose
records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the
petitioner of not sealing the record.
(d) If the
court issues an expungement order it may require that the criminal or
juvenile record be sealed, the existence of the record not be revealed, and
the record not be opened except as required under subdivision 7. Records must not be destroyed or returned to
the subject of the record.
Sec. 11. Minnesota Statutes 2008, section 609A.03,
subdivision 5a, is amended to read:
Subd. 5a. Order
concerning crimes of violence. An
order expunging the record of a conviction or delinquency record for a
crime of violence as defined in section 624.712, subdivision 5, must provide
that the person is not entitled to ship, transport, possess, or receive a
firearm for the remainder of the person's lifetime. Any person whose record of conviction or
delinquency record is expunged under this section and who thereafter
receives a relief of disability under United States Code, title 18, section
925, or whose ability to possess firearms has been restored under section
609.165, subdivision 1d, is not subject to the restriction in this subdivision.
Sec. 12. Minnesota Statutes 2008, section 609A.03,
subdivision 7, is amended to read:
Subd. 7. Limitations
of order. (a) Upon issuance of an
expungement order related to a charge supported by probable cause, the DNA
samples and DNA records held by the Bureau of Criminal Apprehension and
collected under authority other than section 299C.105, shall not be sealed,
returned to the subject of the record, or destroyed.
(b)
Notwithstanding the issuance of an expungement order:
(1) an
expunged record may be opened for purposes of a criminal investigation, prosecution,
or sentencing, upon an ex parte court order;
(2) an
expunged record may be opened upon request by a prosecutor, or a probation
officer for sentencing purposes, without a court order;
(2) (3) an
expunged record of a conviction or delinquency proceeding may be opened
for purposes of evaluating a prospective employee in a criminal justice agency
without a court order; and
(3) (4) an
expunged record of a conviction or delinquency proceeding may be opened
for purposes of a background study under section 245C.08 unless the court order
for expungement is directed specifically to the commissioner of human services.
Upon request
by law enforcement, prosecution, or corrections authorities, an agency or
jurisdiction subject to an expungement order shall inform the requester of the
existence of a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes
of this section, a "criminal justice agency" means courts or a
government agency that performs the administration of criminal justice under
statutory authority.
Sec. 13. REVISOR
INSTRUCTION; TABLE OF JUVENILE COLLATERAL SANCTIONS.
(a) The
revisor of statutes shall publish a table in Minnesota Statutes that contains
cross-references to state laws that are collateral sanctions imposed on a
juvenile as a result of an adjudication of delinquency. The revisor shall create a structure that
categorizes these laws in a useful way to users.
(b) The
revisor shall include appropriate cautionary language with the table,
including, at a minimum, language that notifies users that:
(1) the list
of collateral sanctions laws is intended to be comprehensive but is not
necessarily complete;
(2) the
inclusion or exclusion of a collateral sanction is not intended to have any
substantive legal effect; and
(3) users
must consult the language of each cross-referenced law to fully understand the
scope and effect of the collateral sanction it imposes.
(c) The
revisor shall consult with legislative staff and the chairs of the senate and
house committees having jurisdiction over criminal justice to identify laws
that impose collateral sanctions on a juvenile who has been adjudicated
delinquent.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Delete the
title and insert:
"A bill
for an act relating to public safety; modifying provisions related to certain
juvenile records; authorizing the expungement of certain juvenile records;
authorizing the commissioner of human services to grant set asides or variances
for certain individuals disqualified from licensure because of an offense
committed as a juvenile; requiring chemical use screen of juvenile offenders;
requiring the revisor of statutes to publish a table in Minnesota Statutes
containing cross-references to collateral sanctions imposed on juveniles as a
result of an adjudication of delinquency; amending Minnesota Statutes 2008,
sections 260B.157, subdivision 1; 260B.176, subdivision 2; 609A.02,
subdivisions 2, 3; 609A.03, subdivisions 1, 2, 4, 5, 5a, 7; Minnesota Statutes
2009 Supplement, section 245C.24, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 609A."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Mee Moua, Steve Dille and Ron Latz.
House Conferees:
John Lesch, Debra Hilstrom
and Jim Abeler.
Lesch moved that the report of the
Conference Committee on S. F. No. 2790 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2790,
A bill for an act relating to public safety; modifying provisions related to
certain juvenile records; authorizing the expungement of certain juvenile
records; authorizing the commissioner of human services to grant set asides or
variances for certain individuals disqualified from licensure because of an
offense committed as a juvenile; requiring chemical use screen of juvenile
offenders; changing penalties and prohibitions related to using or brandishing
replica firearms and BB guns on school property; requiring the revisor of statutes
to publish a table in Minnesota Statutes containing cross-references to
collateral sanctions imposed on juveniles as a result of an adjudication of
delinquency; clarifying detention placement options for extended jurisdiction
juveniles pending revocation hearings; modifying certain provisions regarding
juvenile delinquency to include stays of adjudication of delinquency; extending
the duration of the continuance period allowed in a juvenile delinquency
matter; amending Minnesota Statutes 2008, sections 121A.23, subdivision 1;
241.31, subdivision 1; 242.32, subdivision 2; 260B.125, subdivision 4;
260B.130, subdivision 5; 260B.157, subdivision 1; 260B.171, subdivision 5;
260B.176, subdivision 2; 260B.198, subdivision 7; 299C.105, subdivision 1;
299C.61, subdivision 8a; 609.117, subdivision 1; 609.344, subdivision 1;
609.66, subdivision 1d; 609A.02, subdivisions 2, 3; 609A.03, subdivisions 1, 2,
4, 5, 5a, 7; 624.713, subdivision 3; Minnesota Statutes 2009 Supplement,
sections 245C.24, subdivision 2; 624.713, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 609A.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 79 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Jackson
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Olin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I
hereby announce the passage by the Senate of the following Senate Files,
herewith transmitted:
S. F. Nos. 1659,
2725, 3318, 2634, 2170, 2430, 2839 and 2682.
Colleen J. Pacheco, First Assistant Secretary of the Senate
FIRST READING OF SENATE
BILLS
S. F. No. 1659,
A bill for an act relating to eminent domain; modifying definition of public
use; amending Minnesota Statutes 2008, section 117.025, subdivision 11.
The bill
was read for the first time.
Mullery
moved that S. F. No. 1659 and H. F. No. 1537, now
on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2725,
A bill for an act relating to public safety; establishing a certification
process for multijurisdictional gang and drug task forces; regulating law enforcement
criminal gang investigative databases; classifying data received from law
enforcement agencies in other states; changing membership of a council;
delineating uses of data in the comprehensive incident-based reporting system;
restricting the acquisition of cell phone tracking devices; amending Minnesota
Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091,
subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 13; 626; 626A.
The bill
was read for the first time.
Paymar
moved that S. F. No. 2725 and H. F. No. 2965, now
on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3318,
A bill for an act relating to state government; imposing a threshold value
before notification of certain legislators is required for disposal of certain
state-owned buildings; changing provisions in the energy improvement financing
program; clarifying responsibility for administration of the state's
responsibilities as a member of the workers' compensation reinsurance
association; amending Minnesota Statutes 2008, sections 16B.24, subdivision 3;
16B.322, subdivisions 4, 5; 79.34, subdivision 1; Minnesota Statutes 2009 Supplement,
section 16B.322, subdivisions 4a, 4b, 4c.
The bill
was read for the first time.
Kalin moved
that S. F. No. 3318 and H. F. No. 3682, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2634,
A bill for an act relating to public safety; making numerous changes to the
controlled substance forfeiture law; expanding the reporting requirements
related to forfeiture; requiring model policies on forfeiture; addressing the
disposition of forfeiture proceeds; providing for a probable cause
determination for certain
forfeitures;
amending Minnesota Statutes 2008, sections 97A.221, by adding a subdivision;
97A.223, by adding a subdivision; 97A.225, by adding a subdivision; 169A.63, by
adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 1a, 5, 5a,
by adding a subdivision; 609.5311, subdivision 3; 609.5313; 609.5314; 609.5315,
subdivisions 5, 6, by adding a subdivision; 609.5318, subdivision 3; 609.762,
by adding a subdivision; 609.905, by adding a subdivision; Minnesota Statutes
2009 Supplement, section 84.7741, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapters 388; 626.
The bill
was read for the first time.
Mullery
moved that S. F. No. 2634 and H. F. No. 2610, now
on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2170,
A bill for an act relating to real property; providing for mediation prior to
commencement of mortgage foreclosure proceedings on homestead property; amending
Minnesota Statutes 2008, sections 580.021, as amended; 580.022, subdivision 1;
580.23, by adding a subdivision; 582.30, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 583.
The bill
was read for the first time and referred to the Committee on Finance.
S. F. No. 2430,
A bill for an act relating to mortgages; regulating reverse mortgages;
requiring certain notices related to redemption rights be made to a mortgagor;
providing for a private right of action; modifying time for requesting a
hearing on an order to secure a building; modifying notice of sale
requirements; authorizing political subdivisions to recover costs associated
with obtaining a five-week redemption period; amending Minnesota Statutes 2008,
sections 47.58, subdivisions 3, 8, by adding subdivisions; 580.03; 580.041, as
amended; 580.06; 580.30, subdivision 1; 582.03, subdivision 1; 582.032, by
adding a subdivision; Minnesota Statutes 2009 Supplement, sections 47.58,
subdivision 1; 463.251, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 58.
The bill
was read for the first time.
Hilstrom
moved that S. F. No. 2430 and H. F. No. 2699, now
on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2839,
A bill for an act relating to commerce; regulating various licensees and other
entities; modifying definitions, informational requirements, continuing
education requirements, information reporting requirements, and notice
requirements; making various housekeeping, technical, and clarifying changes;
regulating securities; reorganizing and modifying various provisions relating
to real estate brokers, salespersons, and closing agents; modifying the
membership requirements of, and appointment authority to, the real estate
appraiser advisory board; regulating certain workers' compensation
self-insurers; amending Minnesota Statutes 2008, sections 45.0112; 60A.031,
subdivision 4; 60A.084; 60A.204; 60A.36, by adding a subdivision; 60K.31,
subdivision 10; 61A.092, subdivision 3; 62A.046, subdivision 6, by adding a
subdivision; 62A.17, subdivision 5; 62A.3099, subdivision 17; 62A.65,
subdivision 2; 62E.02, subdivision 15; 62E.14, subdivision 4c; 62L.05,
subdivision 4; 62S.24, subdivision 8; 62S.266, subdivision 4; 62S.29,
subdivision 1; 72A.08, subdivision 4; 72A.12, subdivision 4; 72A.20,
subdivisions 10, 36, 37; 72A.492, subdivision 2; 72A.51, subdivision 2; 72B.01;
72B.08, subdivision 8; 79A.03, subdivision 8; 79A.06, subdivision 5; 79A.21,
subdivision 3; 80A.41; 80A.46; 80A.65, subdivision 6; 82.17, subdivision 15, by
adding subdivisions; 82.19; 82.21, subdivision 2; 82.24, subdivision 3; 82.29,
subdivisions 4, 5, 8; 82.31, subdivisions 1, 2; 82.33, subdivisions 1, 2, by
adding a subdivision; 82.34, subdivisions 1, 2, 4, 5, 13; 82.39; 82.41,
subdivisions 1, 2, by adding a subdivision; 82.45, subdivision 3, by adding
subdivisions; 82.48,
subdivisions
2, 3; 82B.05, as amended; 82B.06; 82B.14; 326.3382, subdivision 3; 326B.33,
subdivision 16; 326B.56, subdivision 2; 326B.86, subdivision 2; 326B.921,
subdivision 6; 327B.04, subdivision 4; 332.34; 340A.409, subdivision 1;
Minnesota Statutes 2009 Supplement, sections 45.027, subdivision 1; 45.30,
subdivision 4; 60A.39, subdivisions 1, 4, 5; 60A.9572, subdivision 6; 60K.361;
62A.3099, subdivision 18; 65A.29, subdivision 13; 72B.03, subdivision 2;
72B.045, subdivision 1; 72B.06; 82.31, subdivision 4; 82.32; 326B.46,
subdivision 2; Laws 2007, chapter 147, article 12, section 14; proposing coding
for new law in Minnesota Statutes, chapters 82; 332; repealing Minnesota
Statutes 2008, sections 72B.04; 82.19, subdivision 3; 82.22, subdivisions 1, 6,
7, 8, 9; 82.31, subdivision 6; 82.34, subdivision 16; 82.41, subdivisions 3, 7;
332.31, subdivision 7; 332.335; Minnesota Statutes 2009 Supplement, sections
65B.133, subdivision 3; 72B.02, subdivision 11.
The bill
was read for the first time.
Atkins
moved that S. F. No. 2839 and H. F. No. 2942, now
on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2682,
A bill for an act relating to veterans; authorizing funding for a veterans
cemetery in Fillmore County; appropriating money for design and predesign of
veterans cemeteries; 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.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 3833, A bill for an act relating to
education; providing for policy and funding for early childhood through grade
12 education including general education, education excellence, special
programs, facilities and technology, accounting, state agencies, pupil
transportation, education finance reform, forecast adjustments, early childhood
education, prevention, self-sufficiency, and lifelong learning; authorizing
rulemaking; requiring reports; appropriating money; amending Minnesota Statutes
2008, sections 3.303, by adding a subdivision; 11A.16, subdivision 5; 16A.125,
subdivision 5; 120A.41; 120B.021, subdivision 1; 120B.07; 120B.15; 121A.16;
121A.17, subdivision 5; 122A.16; 122A.18, subdivisions 1, 2; 122A.23,
subdivision 2; 123B.12; 123B.147, subdivision 3; 123B.53, subdivision 5;
123B.57, as amended; 123B.63, subdivision 3; 123B.75, subdivision 5, by adding
a subdivision; 123B.88, subdivision 13; 123B.90, subdivision 3; 123B.92,
subdivision 5; 124D.09, subdivision 20; 124D.141, subdivisions 1, 2; 124D.15,
subdivision 12, by adding a subdivision; 124D.20, subdivision 8; 124D.4531, as
amended; 124D.59, subdivision 2; 124D.65, subdivision 5; 125A.03; 125A.21,
subdivisions 2, 3, 5, 7; 125A.515, by adding a subdivision; 125A.69,
subdivision 1; 125A.76, subdivision 5; 125A.79, subdivisions 1, 7; 126C.01, by
adding subdivisions; 126C.05, subdivisions 1, 3, 5, 6, 8, 16, 17; 126C.10,
subdivisions 1, 2, 2a, 3, 4, 6, 13, 13a, 14, 18, by adding subdivisions;
126C.126; 126C.13, subdivisions 4, 5; 126C.17, subdivisions 1, 5, 6, by adding
a subdivision; 126C.20; 126C.40, subdivision 1; 126C.54; 127A.30, subdivision
2; 127A.42, subdivision 2; 127A.43; 127A.441; 127A.45, subdivisions 2, 3, 13,
by adding subdivisions; 127A.51; 169.447, subdivision 2a; 169.4503, by adding a
subdivision; 171.321, subdivision 2; Minnesota Statutes 2009 Supplement,
sections 16A.152, subdivision 2, as amended; 120B.023, subdivision 2; 120B.30,
subdivisions 1, 1a, 3, 4, by adding a subdivision; 120B.35, subdivision 3;
120B.36, subdivision 1; 122A.09, subdivision 4; 122A.40, subdivision 8;
122A.41, subdivision 5; 123B.143, subdivision 1; 123B.54; 123B.92, subdivision
1; 124D.10, subdivisions 3, 4, 4a, 6a, 8, 11, 23; 124D.15,
subdivision 3; 125A.02, subdivision 1; 125A.091, subdivision
7; 125A.63, subdivisions 2, 4, 5; 126C.41, subdivision 2; 126C.44; 171.02,
subdivision 2b; 256B.0625, subdivision 26; Laws 2009, chapter 79, article 5,
section 60; Laws 2009, chapter 96, article 2, sections 64; 67, subdivisions 14,
17; article 4, section 12, subdivision 3; article 5, section 13, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A;
123A; 123B; 124D; 125A; 126C; repealing Minnesota Statutes 2008, sections
122A.24; 123B.57, subdivisions 3, 4, 5; 123B.591; 125A.54; 125A.76, subdivision
4; 125A.79, subdivision 6; 126C.10, subdivisions 2b, 13a, 13b, 25, 26, 27, 28,
29, 30, 31, 31a, 31b, 32, 33, 35, 36; 126C.12; 126C.126; 126C.17, subdivision
9a; 127A.46; 127A.50; Minnesota Statutes 2009 Supplement, sections 123B.54;
126C.10, subdivisions 24, 34.
Reported the same back with
the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 3833 was read for the second time.
The following Conference Committee Reports were received:
CONFERENCE
COMMITTEE REPORT ON H. F. NO. 3386
A bill for an act relating
to real property; requiring performance guidelines for certain residential
contracts; modifying statutory warranties; requiring notice and opportunity to
repair; providing for dispute resolution procedures; requiring a report; amending
Minnesota Statutes 2008, sections 302A.781, subdivision 4; 326B.809; 327A.01,
by adding a subdivision; 327A.02, subdivision 4, by adding subdivisions;
327A.03; proposing coding for new law in Minnesota Statutes, chapter 327A.
May 7, 2010
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P. Metzen
President of the Senate
We, the undersigned
conferees for H. F. No. 3386 report that we have agreed upon the
items in dispute and recommend as follows:
That the Senate recede from
its amendment and that H. F. No. 3386 be further amended as
follows:
Delete everything after the
enacting clause and insert:
"Section 1. Minnesota Statutes 2008, section 302A.781,
subdivision 4, is amended to read:
Subd. 4. Statutory
homeowner warranty claims preserved. The
statutory warranties provided under section 327A.02, and any contribution or
indemnity claim arising from the breach of those warranties, are not
affected by a the dissolution under this chapter of a vendor
or home improvement contractor.
Sec. 2. Minnesota
Statutes 2008, section 322B.863, subdivision 4, is amended to read:
Subd. 4. Statutory homeowner warranty claims
preserved. The statutory warranties
provided under section 327A.02, and any contribution or indemnity claim
arising from the breach of those warranties, are not affected by a
the dissolution under this chapter of a vendor or home improvement
contractor.
Sec. 3. Minnesota
Statutes 2008, section 326B.809, is amended to read:
326B.809 WRITTEN CONTRACT
REQUIRED.
(a) All agreements including proposals, estimates, bids,
quotations, contracts, purchase orders, and change orders between a licensee
and a customer for the performance of a licensee's services must be in writing
and must contain the following:
(1) a detailed summary of the services to be performed;
(2) a description of the specific materials to be used or a
list of standard features to be included; and
(3) the total contract price or a description of the basis on
which the price will be calculated.
(b) Before entering into an agreement, the licensee shall
provide a prospective customer with written performance guidelines for the
services to be performed. Performance
guidelines also must be included or incorporated by reference in the agreement. All agreements shall be signed and dated
by the licensee and customer.
(c) The licensee shall provide to the customer, at no charge,
a signed and dated document at the time that the licensee and customer sign and
date the document. Documents include
agreements, performance guidelines, and mechanic's lien waivers.
Sec. 4. Minnesota
Statutes 2008, section 327A.01, subdivision 7, is amended to read:
Subd. 7. Vendor.
"Vendor" means any person, firm, or corporation which
that constructs dwellings for the purpose of sale, including the
construction of dwellings on land owned by vendees. Vendor does not include a subcontractor or
material supplier involved in the construction of a dwelling.
Sec. 5. Minnesota
Statutes 2008, section 327A.01, is amended by adding a subdivision to read:
Subd. 12.
Inspection. "Inspection" means a visual
or invasive examination of the alleged property damage.
Sec. 6. Minnesota
Statutes 2008, section 327A.02, subdivision 4, is amended to read:
Subd. 4. Response from vendor or home improvement
contractor to notice of claim; right to inspect. (a) Following notice under section
327A.03, The vendee or owner must allow an inspection and
opportunity to for purposes of the preparation of an offer to repair
the known alleged loss or damage under subdivision 5. Upon request of the vendee, a court may
order the vendor to conduct the inspection.
The inspection must be performed and any offer to repair must be
made in writing to the vendee by the vendor or home improvement
contractor within 30 days of the vendor's receipt of the written notice
required under section 327A.03, clause (a), alleging loss or damage the
notification under section 327A.03, clause (a).
Any damage to property caused as a result of an inspection must be
promptly repaired by the inspecting party to restore the property to its
pre-inspected condition.
(b) The applicable statute of limitations and statute of
repose for an action based on breach of a warranty imposed by this section, or
any other action in contract, tort, or other law for any injury to real or
personal property or bodily injury or wrongful death arising out of the alleged
loss or damage, is tolled from the date the written notice provided by the
vendee or owner is postmarked, or if not sent through the mail, received
by the vendor or home improvement contractor until the earliest
latest of the following:
(1) the date the vendee rejects the vendor's offer to
repair of completion of the home warranty dispute resolution process
under section 327A.051; or
(2) the date the vendor rejects the vendee's claim in
writing;
(3) failure by the vendor to make an offer to repair within
the 30-day period described in this subdivision; or
(4) 180 days.
For purposes
of this subdivision, "vendor" includes a home improvement contractor.
(b) (c) Upon completion of repairs as described in
an offer to repair, the vendor must provide the vendee with a list of the
repairs made and a notice that the vendee may have a right to pursue a warranty
claim under this chapter. Provision of
this statement is not an admission of liability. Compliance with this subdivision does not
affect any rights of the vendee under this chapter.
Sec. 7. Minnesota
Statutes 2008, section 327A.02, is amended by adding a subdivision to read:
Subd. 5.
Right to repair; agreement. (a) Within 15 days of completion of
the inspection required by subdivision 4, the vendor or home improvement
contractor must provide to the vendee or owner a written offer to repair. The offer to repair must include, at a
minimum:
(1) the scope of the proposed repair work; and
(2) the proposed date on which the repair work would begin and
the estimated date of completion.
(b) This subdivision does not prevent the vendee or owner from
obtaining the information in paragraph (a) from another contractor or from
negotiating with the vendor or home improvement contractor for a different
scope of work.
(c) If the parties agree to a scope of work, the vendor or
home improvement contractor must perform the repair work in accordance with the
offer to repair. If the parties do not
agree to a scope of work, the vendee or owner must submit the matter to the
homeowner warranty dispute resolution process under section 327A.051.
(d) Upon completion of repairs described in an offer to
repair, the vendor or home improvement contractor must provide the vendee or
owner with a written notice that the scope of the work agreed upon has been
completed.
Sec. 8. Minnesota
Statutes 2008, section 327A.02, is amended by adding a subdivision to read:
Subd. 6.
Failure to perform inspection
or repair. If the vendor or
home improvement contractor fails to perform an inspection under subdivision 4
or fails to make an offer to repair or perform agreed upon repairs under
subdivision 5, the vendee or owner may commence an action.
Sec. 9. Minnesota
Statutes 2008, section 327A.02, is amended by adding a subdivision to read:
Subd. 7.
Processes required before
commencement of action. Except
as provided in subdivision 6, a cause of action for which the statute of
limitations or statute of repose is tolled under subdivision 4, paragraph (b),
must not be commenced in district court until the earlier of:
(1) the completion of the home warranty dispute resolution
process under section 327A.051; or
(2) 60 days after the written offer of repair is provided to
the vendee or owner.
Sec. 10. Minnesota
Statutes 2008, section 327A.03, is amended to read:
327A.03 EXCLUSIONS.
The liability of the vendor or the home improvement
contractor under sections 327A.01 to 327A.07 is limited to the specific items
set forth in sections 327A.01 to 327A.07 and does not extend to the following:
(a) loss or damage not reported by the vendee or the owner to
the vendor or the home improvement contractor in writing within six months
after the vendee or the owner discovers or should have discovered the loss or
damage; unless the vendee or owner establishes that the vendor or home
improvement contractor had actual notice of the loss or damage;
(b) loss or damage caused by defects in design, installation,
or materials which the vendee or the owner supplied, installed, or directed to
be installed;
(c) secondary loss or damage such as personal injury or
property damage;
(d) loss or damage from normal wear and tear;
(e) loss or damage from normal shrinkage caused by drying of
the dwelling or the home improvement within tolerances of building standards;
(f) loss or damage from dampness and condensation due to
insufficient ventilation after occupancy;
(g) loss or damage from negligence, improper maintenance or
alteration of the dwelling or the home improvement by parties other than the
vendor or the home improvement contractor;
(h) loss or damage from changes in grading of the ground
around the dwelling or the home improvement by parties other than the vendor or
the home improvement contractor;
(i) landscaping or insect loss or damage;
(j) loss or damage from failure to maintain the dwelling or
the home improvement in good repair;
(k) loss or damage which the vendee or the owner, whenever
feasible, has not taken timely action to minimize;
(l) loss or damage which occurs after the dwelling or the
home improvement is no longer used primarily as a residence;
(m) accidental loss or damage usually described as acts of
God, including, but not limited to: fire,
explosion, smoke, water escape, windstorm, hail or lightning, falling trees,
aircraft and vehicles, flood, and earthquake, except when the loss or damage is
caused by failure to comply with building standards;
(n) loss or damage from soil movement which is compensated by
legislation or covered by insurance;
(o) loss or damage due to soil conditions where construction
is done upon lands owned by the vendee or the owner and obtained by the vendee
or owner from a source independent of the vendor or the home improvement
contractor;
(p) in the case of home improvement work, loss or damage due
to defects in the existing structure and systems not caused by the home
improvement.
Sec. 11. [327A.051] HOME WARRANTY DISPUTE
RESOLUTION.
Subdivision 1.
Panel of neutrals. (a) The commissioner of labor and
industry shall maintain a list of persons who consent to serve as qualified
neutrals for purposes of this section. The
commissioner shall establish application requirements and qualifications for
qualified neutrals, taking into consideration the education, experience, and
training of the applicant, potential conflicts of interest, and that the
purpose of the process is to assist parties in determining an agreeable scope
of repair or other resolution of their dispute.
(b) As a condition of being included on the panel of neutrals
identified in this section, the commissioner of labor and industry may charge
each qualified neutral a fee of $200 per year for the administration of the
home warranty dispute resolution process.
Subd. 2.
Dispute resolution process. (a) The home warranty dispute
resolution process required by this section is commenced by written application
to the commissioner. A request must
include the complete current address and full name of the contact person for
each participating party.
(b) Within ten days of receiving a written request, the
commissioner shall provide each party with a written list of three qualified
neutrals randomly selected from the panel of neutrals established under
subdivision 1. The commissioner shall
also provide complete contact information for each qualified neutral.
(c) Within five business days after receipt of the list from
the commissioner, the parties shall mutually select one of the three qualified
neutrals identified by the commissioner to serve as the qualified neutral for
their dispute. If the parties cannot
mutually agree on a neutral, the vendor or home improvement contractor shall
strike one of the neutrals from the list, the vendee or owner shall
subsequently strike one of the remaining neutrals from the list, and the
remaining neutral shall serve as the qualified neutral for the dispute
resolution process. The parties shall
notify the selected qualified neutral and the commissioner of the selection.
Subd. 3.
Neutral evaluation; fee. (a) The qualified neutral selected by
the parties shall convene, and each party shall attend, an in-person conference
of the parties. The qualified neutral
shall select the date for the conference after consulting the parties. The conference must occur no later than 30
days after the neutral's selection, except by mutual agreement of the parties. In addition, the neutral shall collect from
each party an administrative fee of $25 and shall submit those fees to the
commissioner no later than ten days after the completion of the conference.
(b) At least seven days before the conference, each party
must provide the qualified neutral and the other party with all information and
documentation necessary to understanding the dispute, or the alleged loss or
damages.
(c) After reviewing the information and documentation
provided by the parties and after consulting with the parties at the
conference, the neutral shall issue to the parties a nonbinding, written
determination, which must include, to the extent possible, findings and
recommendations on the scope and amount of repairs necessary, if any. The qualified neutral shall mail the
determination to each party within ten days after the conference.
(d) The parties shall share the expense of the qualified
neutral's billed time equally, unless otherwise agreed. The neutral's billed time for evaluation of
documents, meeting with the parties, and issuing a written determination must
not exceed six hours, unless agreed to in writing by both parties. The neutral must identify the neutral's
hourly rate to the parties.
Subd. 4.
Alternative process. If both parties agree, the parties may
designate an alternative dispute resolution process in lieu of participating in
the home warranty dispute resolution process established by this section. If the parties agree to an alternative
dispute resolution process, they shall provide written notice of the agreement
and a description of the selected process to the commissioner as soon as
practicable, but no later than the date the parties are required to select a
neutral under subdivision 2.
Subd. 5.
Effect on future proceedings. (a) The written determination issued
by the qualified neutral and all communications relating to the home warranty
dispute resolution process, except those between any party and the
commissioner, are deemed confidential settlement communications pursuant to
Rule 408 of the Minnesota Rules of Evidence.
(b) No party may use the written offer of repair provided by a
vendor or home improvement contractor, a counteroffer to repair, or a written
determination issued by the qualified neutral as evidence of liability in
subsequent litigation between the parties.
The qualified neutral may not be called to testify regarding the dispute
resolution proceedings.
(c) Any amount paid by a party for the services of a qualified
neutral under this section is deemed a taxable cost of the prevailing party in
a subsequent litigation involving the same subject matter.
Subd. 6.
Noncompliance with timelines;
effect. Failure to strictly
comply with the timelines in this section shall not be grounds for dismissal of
any claim brought under section 327A.05, provided that the parties establish
good faith effort in complying with this section.
Sec. 12. Minnesota
Statutes 2009 Supplement, section 327A.08, is amended to read:
327A.08 LIMITATIONS.
Notwithstanding any other provision of sections 327A.01 to
327A.08:
(a) the terms of the home improvement warranties required by
sections 327A.01 to 327A.08 commence upon completion of the home improvement
and the term shall not be required to be renewed or extended if the home
improvement contractor performs additional improvements required by warranty;
(b) the home improvement warranties required by sections
327A.01 to 327A.08 shall not include products or materials installed that are
already covered by implied or written warranty; and
(c) the warranties required by sections 327A.01 to 327A.08 must
be set forth as written warranty instruments and must be included as part of
the construction contract and.
The warranties and the exclusions under section 327A.03, the right to
inspect and offer to repair under section 327A.02, subdivisions 4 and 5, and
the home warranty dispute resolution process under section 327A.051 must be
conveyed in writing to the owner.
Failure to comply with this paragraph is a violation of section 326B.84.
(d) If the warranties required by sections 327A.01 to 327A.08
are not provided to the owner in writing as required by paragraph (c), they are
implied statutory warranties that have the same effect as if the vendor or home
improvement contractor had complied with paragraph (c).
(e) The owner's right under this section to receive the
written warranty required under this section may not be waived or modified by
contract or otherwise. Any agreement
that purports to waive or modify the right to the written warranty required
under this section is void.
(f) This section does not limit the ability of the vendor or
home improvement contractor and the owner to enter into the agreements
permitted under section 327A.04, subdivisions 2 and 3.
Sec. 13. REPORT.
By February 1, 2014, the commissioner of labor and industry
shall report to the chairs and ranking minority members of the committees of
the legislature with jurisdiction over civil law matters on the number of
dispute resolution cases established under Minnesota Statutes, section
327A.051, and, to the extent possible, identify the number of cases that used
the home warranty dispute process and the number that used an alternative
dispute resolution process under subdivision 4 of that section.
Sec. 14. EFFECTIVE
DATE; APPLICATION.
Sections 1 and 2 and 4 to 11
are effective January 1, 2011, and apply to notices of claims given and actions
commenced on or after that date. Sections
3 and 12 are effective January 1, 2011, and apply to contracts entered into on
or after that date.
Sections 1 to 12 do not
revive claims already barred or extend any applicable statute of limitations or
repose."
Delete the title and insert:
"A bill for an act
relating to real property; requiring performance guidelines for certain
residential contracts; modifying statutory warranties; requiring notice and
opportunity to repair; providing for dispute resolution procedures; requiring a
report; amending Minnesota Statutes 2008, sections 302A.781, subdivision 4;
322B.863, subdivision 4; 326B.809; 327A.01, subdivision 7, by adding a
subdivision; 327A.02, subdivision 4, by adding subdivisions; 327A.03; Minnesota
Statutes 2009 Supplement, section 327A.08; proposing coding for new law in
Minnesota Statutes, chapter 327A."
We request the adoption of
this report and repassage of the bill.
House Conferees: Marsha
Swails, Mike Obermueller and Joe
Hoppe.
Senate Conferees: Kathy
Saltzman, Linda Scheid and Warren
Limmer.
Swails moved that the report of the Conference Committee on
H. F. No. 3386 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
H. F. No. 3386, A bill for an act relating to
real property; requiring performance guidelines for certain residential
contracts; modifying statutory warranties; requiring notice and opportunity to
repair; providing for dispute resolution procedures; requiring a report; amending
Minnesota Statutes 2008, sections 302A.781, subdivision 4; 326B.809; 327A.01,
by adding a subdivision; 327A.02, subdivision 4, by adding subdivisions;
327A.03; proposing coding for new law in Minnesota Statutes, chapter 327A.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 132 yeas and
0 nays as follows:
Those who
voted in the affirmative were: