STATE OF
MINNESOTA
EIGHTY-SEVENTH
SESSION - 2011
_____________________
FORTY-FIRST
DAY
Saint Paul, Minnesota, Thursday, April 14, 2011
The House of Representatives convened at 3:00
p.m. and was called to order by Kurt Zellers, Speaker of the House.
Prayer was offered by Pastor Mark
Matychuk, Bethesda Church, Prior Lake, 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, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Greiling
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
A quorum was present.
Kelly, Laine, Rukavina, Scalze, Thissen
and Tillberry were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 122, A bill for an act relating to insurance; regulating dental plan contracts and provider audits; amending Minnesota Statutes 2010, sections 62Q.76, by adding a subdivision; 62Q.78, by adding subdivisions.
Reported the same back with the following amendments:
Page 1, line 8, delete "plan" and insert "provider" and delete "plan" and insert "provider"
Page 1, line 12, delete "plan" and insert "provider" and delete "plan" and insert "provider"
Page 2, line 3, delete "plan" and insert "provider"
Page 2, line 5, after "subdivision" insert "or the alteration or amendment is made due to state or federal law"
Page 2, line 28, after the first "the" insert "insuring" and delete "that sponsored the plan"
Page 3, line 2, delete "a potential" and insert "an"
Page 3, delete lines 7 to 12
Amend the title as follows:
Page 1, line 2, delete "plan" and insert "provider"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Regulatory Reform.
The report was
adopted.
Shimanski from the Committee on
Judiciary Policy and Finance to which was referred:
H. F. No. 201,
A bill for an act relating to health; limiting use of funds for state-sponsored
health programs for funding abortions.
Reported
the same back with the recommendation that the bill pass.
The report was
adopted.
Lanning from the Committee on
State Government Finance to which was referred:
H. F. No. 210,
A bill for an act relating to elections; requiring voters to provide picture
identification before receiving a ballot; providing for the issuance of
identification cards at no charge; establishing a procedure for provisional
balloting; specifying other election administration procedures; requiring use
of electronic polling place rosters; enacting procedures related to recounts;
appropriating money; amending Minnesota Statutes 2010, sections
135A.17, subdivision 2; 200.02, by adding a subdivision;
201.021; 201.022, subdivision 1; 201.061, subdivisions 3, 7; 201.071, subdivision 3;
201.081; 201.121, subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04,
subdivisions 1, 2; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14,
subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.15,
subdivision 1; 204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.38; 204D.24,
subdivision 2; 206.86, subdivisions 1, 2; 209.021, subdivision 1;
209.06, subdivision 1; 211B.11, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 200; 201; 204C; proposing coding for new law as
Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes 2010,
sections 203B.04, subdivision 3; 204B.36, subdivision 5; 204C.34; 204C.35;
204C.36; 204C.361; Minnesota Rules, parts 8200.0300; 8200.0800; 8200.1100;
8200.1200, subparts 1, 1b, 2, 3; 8200.1700; 8200.1800; 8200.2100; 8200.2200;
8200.2500; 8200.2600; 8200.2700; 8200.2900; 8200.2950; 8200.3000; 8200.3100,
subpart 1; 8200.3110; 8200.3200; 8200.3500; 8200.3550; 8200.3600; 8200.3700;
8200.3800, subpart 1; 8200.3900; 8200.4000; 8200.5100; 8200.5200; 8200.5300;
8200.5400; 8200.5500; 8200.5600; 8200.5800; 8200.6100; 8200.6200; 8200.6400;
8200.7100; 8200.7200; 8200.9115, subparts 1, 3; 8200.9120; 8200.9300, subparts
7, 8, 9, 10, 11; 8200.9305; 8200.9310, subparts 1, 2, 3, 5; 8200.9315;
8200.9320; 8200.9325; 8200.9939; 8200.9940; 8200.9950; 8200.9960; 8205.1010;
8205.1020; 8205.1030; 8205.1040; 8205.1050; 8205.2000, subparts 1, 1a, 3, 4;
8205.2010; 8205.2100, subpart 1; 8205.2110, subparts 1, 1a, 3, 4; 8205.2120;
8210.0050; 8210.0100; 8210.0200, subpart 4; 8210.0225; 8210.0300; 8210.0500;
8210.0600, subparts 1, 1a, 1b, 2, 3; 8210.0710; 8210.0720; 8210.0730;
8210.0800, subparts 3, 3a, 4; 8210.1000; 8210.2000; 8210.2100; 8210.2200;
8210.2300; 8210.2400; 8210.2450; 8210.2500; 8210.2600; 8210.2700; 8210.3000,
subparts 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 8, 9, 10, 11, 12, 13; 8220.0050;
8220.0150; 8220.0250, subparts 1, 1a, 3a, 3b, 4a, 5a, 5b, 11, 14, 15, 16, 18,
18a, 21, 22a, 22b, 24, 26, 28a, 30, 33, 35; 8220.0325; 8220.0350; 8220.0450;
8220.0550; 8220.0650; 8220.0700; 8220.0750; 8220.0800; 8220.0825; 8220.0850;
8220.1050; 8220.1150; 8220.1350; 8220.1450; 8220.1550; 8220.1650; 8220.1750;
8220.1850; 8220.2050; 8220.2250; 8220.2850; 8220.2860; 8220.2865; 8230.0050;
8230.0150; 8230.0250; 8230.0560; 8230.0570; 8230.0580; 8230.0650; 8230.0850;
8230.1050; 8230.1130; 8230.1150, subparts 1, 3; 8230.1350; 8230.1450;
8230.1850; 8230.1860; 8230.2010; 8230.2020; 8230.2030; 8230.2040; 8230.2050;
8230.2150; 8230.2250; 8230.2450; 8230.3450; 8230.3550; 8230.3560; 8230.3750,
subparts 1, 2, 4, 5; 8230.3850; 8230.3950; 8230.4050; 8230.4150; 8230.4325;
8230.4355; 8230.4360; 8230.4365; 8230.4370; 8230.4375; 8230.4380; 8230.4385;
8230.4390; 8230.4395; 8235.0200; 8235.0300; 8235.0400; 8235.0600; 8235.0700;
8235.0800; 8235.1100; 8235.1200; 8240.0100; 8240.0200; 8240.0300; 8240.1050;
8240.1100; 8240.1200; 8240.1300; 8240.1350; 8240.1400; 8240.1500; 8240.1600;
8240.1655, subparts 1, 2, 3, 4, 6; 8240.1750; 8240.1800; 8240.1900; 8240.1950;
8240.2000; 8240.2100; 8240.2200; 8240.2300; 8240.2400; 8240.2500; 8240.2700;
8240.2800; 8240.2850; 8240.2900; 8250.0100; 8250.0200; 8250.0300; 8250.0350;
8250.0365; 8250.0370; 8250.0375; 8250.0385; 8250.0390; 8250.0395; 8250.0397;
8250.0398; 8250.0400; 8250.0500; 8250.0600; 8250.0700; 8250.0800; 8250.0900;
8250.1000; 8250.1100; 8250.1200; 8250.1600; 8250.1810.
Reported the same back with the
following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE
1
VOTER
REGISTRATION, PHOTO IDENTIFICATION, AND PROVISIONAL BALLOTING
Section 1. Minnesota
Statutes 2010, section 13.69, subdivision 1, is amended to read:
Subdivision 1. Classifications. (a) The following government data of the
Department of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers,
and applicants for parking certificates and special license plates issued to
physically disabled persons;
(2) other data on holders of a disability certificate under
section 169.345, except that data that are not medical data may be released to
law enforcement agencies;
(3) Social Security numbers in driver's license and motor
vehicle registration records, except that Social Security numbers must be
provided to the Department of Revenue for purposes of tax administration, the
Department of Labor and Industry for purposes of workers' compensation
administration and enforcement, and the Department of Natural Resources for
purposes of license application administration; and
(4) data on persons listed as standby or temporary
custodians under section 171.07, subdivision 11, except that the data must be
released to:
(i) law enforcement agencies for the purpose of verifying
that an individual is a designated caregiver; or
(ii) law enforcement agencies who state that the license
holder is unable to communicate at that time and that the information is necessary for notifying the designated
caregiver of the need to care for a child of the license holder; and
(5) data on applicants for a Minnesota voter identification
card under section 171.07, subdivision 3b, except that the data may be released
to a government entity or a court for purposes of carrying out its functions.
The department may release the Social Security number only
as provided in clause (3) and must not sell or otherwise provide individual
Social Security numbers or lists of Social Security numbers for any other
purpose.
(b) The following government data of the Department of
Public Safety are confidential data:
data concerning an individual's driving ability when that data is
received from a member of the individual's family.
Sec. 2.
Minnesota Statutes 2010, section 171.01, is amended by adding a
subdivision to read:
Subd. 51. Voter identification card.
"Voter identification card" means a card issued or
issuable under the laws of this state by the commissioner of public safety that
denotes citizenship, identity, and residence address and may be used as
identification and proof of residence for election day voter registration and
for voting on election day, but for no other purpose.
Sec. 3.
Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
Subdivision 1. Forms of application. Every application for a Minnesota
identification card, for an enhanced identification card, for an instruction
permit, for a provisional license, for a driver's license, or for an
enhanced driver's license, or for a voter identification card must be
made in a format approved by the department, and every application, except
for an application for a voter identification card, must be accompanied by
the proper fee. All first-time
applications and change-of-status applications must be signed in the presence
of the person authorized to accept the application, or the signature on the
application may be verified by a notary public.
All applications requiring evidence of legal presence in the United
States or United States citizenship must be signed in the presence of the
person authorized to accept the application, or the signature on the
application may be verified by a notary public.
Sec. 4.
Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to
read:
Subd. 2. Fees.
(a) The fees for a license and Minnesota identification card are as
follows:
In addition to each fee required in
this paragraph, the commissioner shall collect a surcharge of $1.75 until June
30, 2012. Surcharges collected under this paragraph
must be credited to the driver and vehicle services technology account in the
special revenue fund under section 299A.705.
(b) Notwithstanding paragraph (a), an individual who holds a
provisional license and has a driving record free of (1) convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53,
(2) convictions for crash-related moving violations, and (3) convictions for
moving violations that are not crash related, shall have a $3.50 credit toward
the fee for any classified under-21 driver's license. "Moving violation" has the meaning
given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under
paragraph (a), the commissioner shall collect an additional $4 processing fee
from each new applicant or individual renewing a license with a school bus
endorsement to cover the costs for processing an applicant's initial and
biennial physical examination certificate.
The department shall not charge these applicants any other fee to
receive or renew the endorsement.
(d) The commissioner shall not collect any fee or surcharge
for a voter identification card.
Sec. 5.
Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to
read:
Subd. 3. Contents of license application;
other information. (a) An
application for a Minnesota identification card, enhanced identification
card, instruction permit, provisional license, driver's license, or enhanced
driver's license must:
(1) state the full name, date of birth, sex, and either (i)
the residence address of the applicant, or (ii) designated address under
section 5B.05;
(2) as may be required by the commissioner, contain a
description of the applicant and any other facts pertaining to the applicant,
the applicant's driving privileges, and the applicant's ability to operate a
motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number
and is applying for a Minnesota identification card, instruction permit, or
class D provisional or driver's license, that the applicant certifies that the
applicant does not have a Social Security number;
(4) in the case of an application for an enhanced driver's
license or enhanced identification card, present:
(i) proof satisfactory to the commissioner of the
applicant's full legal name, United States citizenship, identity, date of
birth, Social Security number, and residence address; and
(ii) a photographic identity document;
(5) contain a space where the applicant
may indicate a desire to make an anatomical gift according to paragraph (b);
(6) contain a notification to the applicant of the
availability of a living will/health care directive designation on the license
under section 171.07, subdivision 7; and
(7) contain a space where the applicant may request a
veteran designation on the license under section 171.07, subdivision 15, and
the driving record under section 171.12, subdivision 5a.
(b) If the applicant does not indicate a desire to make an
anatomical gift when the application is made, the applicant must be offered a
donor document in accordance with section 171.07, subdivision 5. The application must contain statements
sufficient to comply with the requirements of the Darlene Luther Revised
Uniform Anatomical Gift Act, chapter 525A, so that execution of the application
or donor document will make the anatomical gift as provided in section 171.07,
subdivision 5, for those indicating a desire to make an anatomical gift. The application must be accompanied by
information describing Minnesota laws regarding anatomical gifts and the need
for and benefits of anatomical gifts, and the legal implications of making an
anatomical gift, including the law governing revocation of anatomical
gifts. The commissioner shall distribute
a notice that must accompany all applications for and renewals of a driver's
license or Minnesota identification card.
The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health
and Human Services and must include:
(1) a statement that provides a fair and reasonable
description of the organ donation process, the care of the donor body after
death, and the importance of informing family members of the donation decision;
and
(2) a telephone number in a certified Minnesota organ
procurement organization that may be called with respect to questions regarding
anatomical gifts.
(c) The application must be accompanied also by information
containing relevant facts relating to:
(1) the effect of alcohol on driving ability;
(2) the effect of mixing alcohol with drugs;
(3) the laws of Minnesota relating to operation of a motor
vehicle while under the influence of alcohol or a controlled substance; and
(4) the levels of alcohol-related fatalities and accidents
in Minnesota and of arrests for alcohol-related violations.
Sec. 6.
Minnesota Statutes 2010, section 171.06, is amended by adding a
subdivision to read:
Subd. 3b. Application for voter identification card. An application for a voter
identification card, including a renewal or duplicate card, or a new card required
as a result of change of address, must:
(1) state the applicant's full legal name, date of birth,
sex, residence address, and Social Security number;
(2) describe the applicant in the manner the commissioner
deems necessary;
(3) be accompanied by proof satisfactory to the commissioner
of the applicant's United States citizenship;
(4) state the length of residence at the applicant's current
address; and
(5) present a photographic identity document or affirm under
penalty of perjury that the applicant has a religious objection to the use of a
photographic image.
Sec. 7.
Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to
read:
Subdivision 1. Definitions. For purposes of this section:
(1) "applicant" means an individual applying for a
driver's license, provisional license, restricted license, duplicate license,
instruction permit, Minnesota identification card, voter identification
card, or motorized bicycle operator's permit; and
(2) "application" refers to an application for a
driver's license, provisional license, restricted license, duplicate license,
instruction permit, Minnesota identification card, voter identification
card, or motorized bicycle operator's permit.
Sec. 8. Minnesota
Statutes 2010, section 171.061, subdivision 3, is amended to read:
Subd. 3. Application. An applicant may file an application with
an agent. The agent shall receive and
accept applications in accordance with the laws and rules of the Department of
Public Safety for a driver's license, restricted license, duplicate license,
instruction permit, Minnesota identification card, voter identification
card, or motorized bicycle operator's permit.
Sec. 9.
Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to
read:
Subd. 4. Fee; equipment. (a) The agent may charge and retain a
filing fee of $5 for each application, except for an application for a voter
identification card, for which no filing fee may be charged. Except as provided in paragraph (b), the fee
shall cover all expenses involved in receiving, accepting, or forwarding to the
department the applications and fees required under sections 171.02,
subdivision 3; 171.06, subdivisions 2 and 2a; and 171.07, subdivisions 3 and 3a.
(b) The department shall maintain the
photo identification equipment for all agents appointed as of January 1, 2000.
Upon the retirement, resignation, death, or discontinuance of an
existing agent, and if a new agent is appointed in an existing office pursuant
to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
Rules, part 7404.0400, the department shall provide and maintain photo
identification equipment without additional cost to a newly appointed agent in that office if the office was provided the
equipment by the department before January 1, 2000. All photo identification equipment must be
compatible with standards established by the department.
(c) A filing fee retained by the agent employed by a county
board must be paid into the county treasury and credited to the general revenue
fund of the county. An agent who is not
an employee of the county shall retain the filing fee in lieu of county
employment or salary and is considered an independent contractor for pension
purposes, coverage under the Minnesota State Retirement System, or membership
in the Public Employees Retirement Association.
(d) Before the end of the first working day following the
final day of the reporting period established by the department, the agent must
forward to the department all applications and fees collected during the
reporting period except as provided in paragraph (c). The department shall transmit payment to
the agent of $5 for each application for a voter identification card. An agent employed by a county board shall
remit the payments to the county under paragraph (c) and all other agents may
retain the payments.
Sec. 10.
Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to
read:
Subd. 1a. Filing photograph or image; data
classification. The department shall
file, or contract to file, all photographs or electronically produced images
obtained in the process of issuing drivers' licenses or,
Minnesota identification cards, or voter identification cards. The photographs or electronically produced
images shall be
private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3,
the department shall not be required to provide copies of photographs or
electronically produced images to data subjects. The use of the files is restricted:
(1) to the issuance and control of drivers' licenses and
voter identification cards;
(2) to criminal justice agencies, as defined in section
299C.46, subdivision 2, for the investigation and prosecution of crimes,
service of process, enforcement of no contact orders, location of missing
persons, investigation and preparation of cases for criminal, juvenile, and
traffic court, and supervision of offenders;
(3) to public defenders, as defined in section 611.272, for
the investigation and preparation of cases for criminal, juvenile, and traffic
courts; and
(4) to child support enforcement purposes under section
256.978.
Sec. 11.
Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision
to read:
Subd. 3b. Voter identification cards.
(a) A voter identification card must be issued to a qualifying
applicant who, on the election day next occurring after the date of issuance,
will meet the voter eligibility requirements of the Minnesota State
Constitution and statutes, and who does not possess a current Minnesota
driver's license or Minnesota identification card.
(b) A voter identification card must bear a distinguishing
number assigned to the applicant; the applicant's full name and date of birth;
the applicant's address of residence; a description of the applicant in the
manner as the commissioner deems necessary; the date of the card's expiration;
and the usual signature of the applicant.
The card must bear a colored photograph or an electronically produced
image of the applicant, or, for an applicant who has affirmed a religious
objection under section 171.06, subdivision 3b, clause (5), the card must bear
the words "Valid without photograph."
(c) A voter identification card shall not be valid
identification for purposes unrelated to voting in Minnesota.
(d) A voter identification card must be of a different color
scheme than a Minnesota driver's license or state identification card, but must
incorporate the same information and security features as provided in
subdivision 9.
(e) Each voter identification card must be plainly
marked: "Voter Identification – Not
a driver's license. Valid Identification
Only for Voting."
Sec. 12.
Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to
read:
Subd. 4. Expiration.
(a) Except as otherwise provided in this subdivision, the expiration
date of Minnesota identification cards and voter identification cards of
applicants under the age of 65 shall be the birthday of the applicant in the
fourth year following the date of issuance of the card.
(b) Minnesota identification cards and voter
identification cards issued to applicants age 65 or over shall be valid for
the lifetime of the applicant.
(c) The expiration date for an Under-21 identification card
is the cardholder's 21st birthday. The
commissioner shall issue an identification card to a holder of an Under-21
identification card who applies for the card, pays the required fee, and
presents proof of identity and age, unless the commissioner determines that the
applicant is not qualified for the identification card.
Sec. 13.
Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to
read:
Subd. 9. Improved security. The commissioner shall develop new
Drivers' licenses and, identification cards, to be issued
beginning January 1, 1994, that and voter identification cards must
be as impervious to alteration as is reasonably practicable in their design and
quality of material and technology. The
driver's license security laminate shall be made from materials not readily
available to the general public. The
design and technology employed must enable the driver's license and
identification card to be subject to two or more methods of visual verification
capable of clearly indicating the presence of tampering or counterfeiting. The driver's license and identification card
must not be susceptible to reproduction by photocopying or simulation and must
be highly resistant to data or photograph substitution and other tampering.
Sec. 14.
Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to
read:
Subd. 14. Use of Social Security number. An applicant's Social Security number
must not be displayed, encrypted, or encoded on the driver's license or,
Minnesota identification card, voter identification card, or included in
a magnetic strip or bar code used to store data on the license or,
Minnesota identification card, or voter identification card. The Social Security number must not be used
as a Minnesota driver's license or, identification, or voter
identification number.
Sec. 15.
Minnesota Statutes 2010, section 171.071, is amended to read:
171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD,
OR VOTER IDENTIFICATION CARD.
Subdivision 1. Religious objection. Notwithstanding the provisions of section
171.07, the commissioner of public safety may adopt rules to permit
identification on a driver's license or, Minnesota identification
card, or voter identification card in lieu of a photograph or
electronically produced image where the commissioner finds that the licensee
has religious objections to the use of a photograph or electronically produced
image.
Subd. 2. Certain head wear permitted. If an accident involving a head injury,
serious illness, or treatment of the illness has resulted in hair loss by an
applicant for a driver's license or, identification card, or
voter identification card, the commissioner shall permit the applicant to
wear a hat or similar head wear in the photograph or electronically produced
image. The hat or head wear must be of
an appropriate size and type to allow identification of the holder of the
license or card and must not obscure the holder's face.
Subd. 3. Exception.
Subdivisions 1 and 2 do not apply to the commissioner's requirements
pertaining to a photograph or electronically produced image on an enhanced
driver's license or an enhanced identification card.
Sec. 16.
Minnesota Statutes 2010, section 171.11, is amended to read:
171.11 DUPLICATE
LICENSE OR VOTER IDENTIFICATION CARD; CHANGE OF DOMICILE OR NAME.
Subdivision 1. Duplicate driver's license.
When any person, after applying for or receiving a driver's license,
shall change permanent domicile from the address named in such application or in
the license issued to the person, or shall change a name by marriage or
otherwise, such person shall, within 30 days thereafter, apply for a duplicate
driver's license upon a form furnished by the department and pay the required
fee. The application or duplicate license shall show both the licensee's old
address and new address or the former name and new name as the case may be.
Subd. 2. Duplicate voter identification card. A voter identification cardholder who
changes residence address or name from the address or name stated on the card
shall not present the card for voting purposes, but must apply for a duplicate
voter identification card upon a form furnished by the department. The application for duplicate voter
identification card must show the cardholder's former address and current
address, along with length of residence at the current address, and the former
name and current name, as applicable.
Sec. 17.
Minnesota Statutes 2010, section 171.14, is amended to read:
171.14
CANCELLATION.
(a) The commissioner may cancel any driver's license or
voter identification card upon determination that (1) the licensee or
cardholder was not entitled to the issuance of the license or card,
(2) the licensee or cardholder failed to give the required or correct
information in the application, (3) the licensee or cardholder committed
any fraud or deceit in making the application, or (4) the person, at the time
of the cancellation, would not have been entitled to receive a license under
section 171.04, or a cardholder under section 171.07.
(b) The commissioner shall cancel the driver's license of a
person described in paragraph (a), clause (3), for 60 days or until the
required or correct information has been provided, whichever is longer.
(c) The commissioner shall cancel the voter identification
card of a person described in paragraph (a) until the person completes the
application process under section 171.06, and complies in all respects with the
requirements of the commissioner.
(d) The commissioner shall immediately notify the holder of
a voter identification card of a cancellation of the card. Notification must be by mail, addressed to
the cardholder's last known address, with postage prepaid.
Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND
RESIDENCE.
The following are sufficient proof of identity and residence
for purposes of election day voter registration under section 201.061,
subdivision 3, and for determining whether to count a provisional ballot under
section 204C.135, subdivision 2:
(1) a current driver's license, state identification card,
or voter identification card issued to the voter by the Department of Public
Safety that contains the voter's current address of residence in the precinct;
(2) an identification card issued to the voter by the tribal
government of a tribe recognized by the Bureau of Indian Affairs that contains
a photograph of the voter, the voter's current address of residence in the
precinct, and any other items of data required to be contained on a Minnesota
identification card, as provided in section 171.07, subdivision 3, paragraphs
(a) and (b);
(3) an original receipt for a new, renewed, or updated
driver's license, state identification card, or voter identification card
issued to the voter under section 171.07 that contains the voter's current
address of residence in the precinct along with one of the following documents,
provided that it contains a photograph of the voter:
(i) a driver's license, identification card, or voter
identification card that is expired or does not contain the voter's current
address of residence, issued to the voter by the state of Minnesota or any
other state or territory of the United States;
(ii) a United States passport, issued to the voter;
(iii) an identification card issued by a branch, department,
agency, entity, or subdivision of Minnesota or the federal government;
(iv) an identification card issued by an accredited
postsecondary institution with a campus located within Minnesota, if a list of
students from that institution has been prepared under section 135A.17 and
certified to the county auditor in the manner provided in rules of the
secretary of state; or
(v) an identification card issued to the voter by the tribal
government of a tribe recognized by the Bureau of Indian Affairs;
(4) if the voter is a student, a driver's license or
identification card issued by Minnesota or any other state or territory of the
United States that does not contain the voter's current address of residence,
along with a current student fee statement that contains the student's valid
address of residence in the precinct; or
(5) if the voter resides in a shelter facility designated
for battered women, as defined in section 611A.37, subdivision 4, a driver's
license or identification card issued to the voter by the Department of Public
Safety that contains the voter's photograph and address of residence prior to
seeking the services of the shelter facility, along with a certification of
residence in the facility, signed by the facility's administrator on a form
prescribed by the secretary of state.
Sec. 19. [201.017] STATE-SUBSIDIZED VOTER
IDENTIFICATION CARD ACCOUNT.
A state-subsidized voter identification card account is
established in the special revenue fund.
Money in the account is appropriated by law to the Department of Public
Safety for purposes of providing state-subsidized voter identification cards to
individuals qualifying under this section 171.07, subdivision 3b, provided that
the department may not be reimbursed more than $9.85 for each card issued. The commissioner of public safety must report
to the legislature at least monthly by county on expenditure of funds from this
account. A report of the total
expenditures by county must be submitted to the members of the house and senate
committees with oversight in elections by January 31 of each year.
Sec. 20.
Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to
read:
Subd. 3. Election day registration. (a) An individual who is eligible to vote
may register on election day by appearing in person at the polling place for
the precinct in which the individual maintains residence, by completing a
registration application, making an oath in the form prescribed by the
secretary of state and providing proof of identity and residence. An individual may prove identity and
residence for purposes of registering by: presenting documentation as permitted by
section 200.035.
(1) presenting a driver's license or Minnesota
identification card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of
state as proper identification;
(3) presenting one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of students from
that institution has been prepared under section 135A.17 and certified to the
county auditor in the manner provided in rules of the secretary of state; or
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture identification
card; or
(4) having a voter who is registered to vote in the
precinct, or who is an employee employed by and working in a residential
facility in the precinct and vouching for a resident in the facility, sign an
oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election
day may not sign a proof of residence oath vouching for any other individual on
that election day. A voter who is
registered to vote in the precinct may sign up to 15 proof-of-residence oaths
on any election day. This limitation
does not apply to an employee of a residential facility described in this
clause. The secretary of state shall
provide a form for election judges to use in recording the number of
individuals for whom a voter signs proof-of-residence oaths on election
day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence
oaths. For each proof-of-residence oath,
the form must include a statement that the voter is registered to vote in the
precinct, personally knows that the individual is a resident of the precinct,
and is making the statement on oath. The
form must include a space for the voter's printed name, signature, telephone
number, and address.
The oath required by this subdivision and Minnesota Rules,
part 8200.9939, must be attached to the voter registration application.
(b) The operator of a residential facility shall prepare a
list of the names of its employees currently working in the residential
facility and the address of the residential facility. The operator shall certify the list and
provide it to the appropriate county auditor no less than 20 days before each
election for use in election day registration.
(c) "Residential facility" means transitional
housing as defined in section 256E.33, subdivision 1; a supervised living
facility licensed by the commissioner of health under section 144.50,
subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a
residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated
by the board of directors of the Minnesota Veterans Homes under chapter 198; a
residence licensed by the commissioner of human services to provide a
residential program as defined in section 245A.02, subdivision 14; a
residential facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group residential
housing as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; or a supervised publicly or
privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual may prove
residence for purposes of registering by:
(1) presenting an identification card issued by the tribal
government of a tribe recognized by the Bureau of Indian Affairs, United States
Department of the Interior, that contains the name, address, signature, and
picture of the individual; or
(2) presenting an identification card issued by the tribal
government of a tribe recognized by the Bureau of Indian Affairs, United States
Department of the Interior, that contains the name, signature, and picture of
the individual and also presenting one of the documents listed in Minnesota
Rules, part 8200.5100, subpart 2, item B.
(e)
(b) A county, school district, or municipality may must
require that an election judge responsible for election day registration initial
sign each completed registration application.
Sec. 21.
Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to
read:
Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe
the form of polling place rosters that include the voter's name, address, date
of birth, school district number, and space for the voter's signature. The address listed on the polling place
roster must be the voter's address of residence, unless the voter has requested
that the address printed on the roster be the voter's mailing address because
the voter is a judge, or a law enforcement or corrections officer. The secretary of state may prescribe
additional election-related information to be placed on the polling place
rosters on an experimental basis for one state primary and general election
cycle; the same information may not be placed on the polling place roster for a
second state primary and general election cycle unless specified in this
subdivision. The polling place roster
must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe
procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary
of state shall prescribe the form for a county or municipality to request the
date of birth from currently registered voters.
The county or municipality shall not request the date of birth from
currently registered voters by any communication other than the prescribed form
and the form must clearly indicate that a currently registered voter does not
lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the
date of election for 22 months following the election.
Sec. 22.
Minnesota Statutes 2010, section 204C.10, is amended to read:
204C.10 PERMANENT
REGISTRATION; VERIFICATION OF REGISTRATION.
Subdivision 1. Polling place roster. (a)
An individual seeking to vote shall sign a polling place roster which states
that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the
election, maintains residence at the address shown, is not under a guardianship
in
which the court order revokes the individual's right to
vote, has not been found by a court of law to be legally incompetent to vote or
has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been
discharged from the sentence, is registered and has not already voted in the
election. The roster must also
state: "I understand that
deliberately providing false information is a felony punishable by not more
than five years imprisonment and a fine of not more than $10,000, or
both."
(b)
A judge may, Before the applicant signs the roster, a judge
must: (1) require the voter to present a
photo identification document, as described in subdivision 2; and (2)
confirm the applicant's name, address, and date of birth. A voter who cannot produce sufficient
identification as required by subdivision 2 may not sign the polling place
roster, but may cast a provisional ballot, as provided in section 204C.135.
(c)
After the applicant signs the roster, the judge shall give the applicant a
voter's receipt. The voter shall deliver
the voter's receipt to the judge in charge of ballots as proof of the voter's
right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during
the time for notice of filing an election contest for 36 months
following the date of the election.
Subd. 2.
Photo identification. (a) To satisfy the photo
identification requirement in subdivision 1, a voter must present a valid form
of one of the following documents or sets of documents, issued to the
voter:
(1)
a Minnesota driver's license state identification card, or voter identification
card issued under section 171.07 that contains the voter's current address of
residence in the precinct;
(2)(i)
an original receipt for a new, renewed, or updated driver's license, state
identification card, or voter identification card issued to the voter under
section 171.07 that contains the voter's current address of residence in the
precinct; and
(ii)
a driver's license, identification card, or a voter identification card that is
expired, invalidated, or does not contain the voter's current address of
residence in the precinct, issued to the voter by the state of Minnesota or any
other state or territory of the United States;
(3)
an identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs that contains a photograph of the voter, the
voter's current address of residence in the precinct, and any other items of
data required to be contained on a Minnesota identification card, as provided
in section 171.07, subdivision 3, paragraphs (a) and (b); or
(4)
if the voter resides in a shelter facility designated for battered women, as
defined in section 611A.37, subdivision 4, a driver's license or identification
card issued to the voter by the Department of Public Safety that contains the
voter's photograph and address of residence prior to seeking the services of
the shelter facility, along with a certification of residence in the facility,
signed by the facility's administrator on a form prescribed by the secretary of
state.
(b)
An identification card presented under this section is not deficient for a lack
of the voter's current address of residence in the precinct if the
identification card contains the mailing address of the voter and that matches
the address listed on the polling place roster.
Sec. 23. Minnesota Statutes 2010, section 204C.12,
subdivision 3, is amended to read:
Subd. 3. Determination
of residence. In determining the
legal residence of a challenged individual, the election judges shall be
governed by the principles contained in section 200.031. If the challenged individual's answers to the
questions show ineligibility to vote in that precinct, the individual shall not
be allowed to vote. If the individual
has marked ballots but not yet deposited them in the ballot boxes before the
election judges determine ineligibility to vote in that precinct, the marked
ballots shall be placed unopened with the spoiled ballots. If the
answers
to the questions fail to show that the individual is not eligible to vote in
that precinct and the challenge is not withdrawn, the election judges shall verbally
administer the oath on the voter certificate to the individual. After taking the oath and completing and
signing the voter certificate, the challenged individual shall be allowed to
vote permit the voter to cast a provisional ballot, in the manner provided
in section 204C.135.
Sec. 24. [204C.135] PROVISIONAL BALLOTS.
Subdivision 1. Casting of provisional ballots.
(a) The following voters seeking to vote are entitled to cast a
provisional ballot in the manner provided by this section:
(1) a voter who is unable to provide proper photo
identification as required by section 204C.10;
(2) a voter whose registration status is listed as
"challenged" on the polling place roster; and
(3) a voter whose eligibility to vote is challenged as
permitted by section 204C.12.
(b) A voter seeking to vote a provisional ballot must sign a
provisional ballot roster and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter
identification number, and any other information prescribed by the secretary of
state. The voter must also swear or
affirm, in writing, that the voter is eligible to vote, has not voted
previously in the same election, and meets the criteria for registering to vote
in the precinct in which the voter appears.
Once the voter has completed the provisional ballot
envelope, the voter must be allowed to cast a provisional ballot. The provisional ballot must be in the same
form as the official ballot available in the precinct on election day. A completed provisional ballot shall be
sealed in a secrecy envelope. The
secrecy envelope shall be sealed inside the voter's provisional ballot envelope
and deposited by the voter in a secure, sealed provisional ballot box. Completed provisional ballots may not be
combined with other voted ballots in the polling place.
(c) The form of the secrecy and provisional ballot envelopes
shall be prescribed by the secretary of state.
The provisional ballot envelope must be a color other than that provided
for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
(d) Provisional ballots and related documentation shall be
delivered to and securely maintained by the county auditor or municipal clerk
in the same manner as required for other election materials under sections
204C.27 to 204C.28.
Subd. 2. Counting provisional ballots.
(a) A voter who casts a provisional ballot in the polling place
may personally appear before the county auditor or municipal clerk no later
than seven calendar days following the election to prove that the voter's
provisional ballot should be counted.
The county auditor or municipal clerk must count a provisional ballot in
the final certified results from the precinct if:
(1) the statewide voter registration system indicates that
the voter is eligible to vote or, if challenged, the voter presents evidence of
the voter's eligibility to vote; and
(2) the voter presents proof of identity and residence in the
precinct in the manner permitted by section 200.035.
(b) If a voter does not appear before the county auditor or
municipal clerk within seven calendar days following the election or otherwise
does not satisfy the requirements of paragraph (a), or if the data listed on
the items of identification presented by the voter does not match the data
submitted by the voter on the provisional ballot envelope, the voter's
provisional ballot must not be counted.
(c) The county auditor or municipal clerk must notify, in
writing, any provisional voter who does not appear within seven calendar days
of the election that the voter's provisional ballot was not counted because of
the voter's failure to appear before the county auditor or municipal clerk
within the time permitted by law to determine whether the provisional ballot
should be counted.
Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must
verify that the number of signatures appearing on the provisional ballot roster
from that precinct is equal to or greater than the number of accepted
provisional ballots submitted by voters in the precinct on election day. Any discrepancy must be resolved before the
provisional ballots from the precinct may be counted. Excess provisional ballots must be randomly
withdrawn in the manner required by section 204C.20, subdivision 2, after the
period for a voter to appear to prove residence and identity has expired and
the ballots to be counted have been separated from the provisional ballot
envelopes.
Sec. 25.
Minnesota Statutes 2010, section 204C.14, is amended to read:
204C.14 UNLAWFUL
VOTING; PENALTY.
No individual shall intentionally:
(a) misrepresent the individual's identity in applying for a
ballot, depositing a ballot in a ballot box, requesting a provisional ballot
or requesting that a provisional ballot be counted, or attempting to vote
by means of a voting machine or electronic voting system;
(b) vote more than once at the same election;
(c) put a ballot in a ballot box for any illegal purpose;
(d) give more than one ballot of the same kind and color to
an election judge to be placed in a ballot box;
(e) aid, abet, counsel or procure another to go into any
precinct for the purpose of voting in that precinct, knowing that the other
individual is not eligible to vote in that precinct; or
(f) aid, abet, counsel or procure another to do any act in
violation of this section.
A violation of this section is a felony.
Sec. 26.
Minnesota Statutes 2010, section 204C.32, is amended to read:
204C.32 CANVASS OF
STATE PRIMARIES.
Subdivision 1. County canvass. The county canvassing board shall meet at
the county auditor's office on the third eighth day following the
state primary. After taking the oath of
office, the canvassing board shall publicly canvass the election returns
delivered to the county auditor. The
board shall complete the canvass on the third eighth day
following the state primary and shall promptly prepare and file with the county
auditor a report that states:
(a) the number of individuals voting at the election in the
county, and in each precinct;
(b) the number of individuals registering to vote on
election day and the number of individuals registered before election day in
each precinct;
(c) for each major political party, the names of the
candidates running for each partisan office and the number of votes received by
each candidate in the county and in each precinct;
(d) the names of the candidates of each major political
party who are nominated; and
(e) the number of votes received by each of the candidates
for nonpartisan office in each precinct in the county and the names of the
candidates nominated for nonpartisan office.
Upon completion of the canvass, the county auditor shall
mail or deliver a notice of nomination to each nominee for county office voted
for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board
report for state and federal offices to the secretary of state by express mail
or similar service immediately upon conclusion of the county canvass. The secretary of state shall mail a notice of
nomination to each nominee for state or federal office.
Subd. 2. State canvass. The State Canvassing Board shall meet at
the Secretary of State's Office seven 14 days after the state
primary to canvass the certified copies of the county canvassing board reports
received from the county auditors.
Immediately after the canvassing board declares the results, the
secretary of state shall certify the names of the nominees to the county
auditors. The secretary of state shall
mail to each nominee a notice of nomination.
Sec. 27.
Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to
read:
Subdivision 1. County canvass. The county canvassing board shall meet at
the county auditor's office between the third eighth and tenth
14th days following the state general election. After taking the oath of office, the board
shall promptly and publicly canvass the general election returns delivered to
the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor
a report which states:
(a) the number of individuals voting at the election in the
county and in each precinct;
(b) the number of individuals registering to vote on
election day and the number of individuals registered before election day in
each precinct;
(c) the names of the candidates for each office and the
number of votes received by each candidate in the county and in each precinct;
(d) the number of votes counted for and against a proposed
change of county lines or county seat; and
(e) the number of votes counted for and against a constitutional
amendment or other question in the county and in each precinct.
The result of write-in votes cast on the general election
ballots must be compiled by the county auditor before the county canvass,
except that write-in votes for a candidate for federal, state, or county office
must not be counted unless the candidate has timely filed a request under
section 204B.09, subdivision 3. The
county auditor shall arrange for each municipality to provide an adequate
number of election judges to perform this duty or the county auditor may
appoint additional election judges for this purpose. The county auditor may open the envelopes or
containers in which the voted ballots have been sealed in order to count and record
the write-in votes and must reseal the voted ballots at the conclusion of this
process. The county auditor must prepare
a separate report of votes received by precinct for write-in candidates for
federal, state, and county offices who have requested under section 204B.09
that votes for those candidates be tallied.
Upon completion of the canvass, the county canvassing board
shall declare the candidate duly elected who received the highest number of
votes for each county and state office voted for only within the county. The county auditor shall transmit a certified
copy of the county canvassing board report for state and federal offices to the
secretary of state by messenger, express mail, or similar service immediately
upon conclusion of the county canvass.
Sec. 28.
Minnesota Statutes 2010, section 204C.37, is amended to read:
204C.37 COUNTY
CANVASS; RETURN OF REPORTS TO SECRETARY OF STATE.
A copy of the report required by sections 204C.32,
subdivision 1, and 204C.33, subdivision 1, shall be certified under the
official seal of the county auditor. The
copy shall be enclosed in an envelope addressed to the secretary of state, with
the county auditor's name and official address and the words "Election
Returns" endorsed on the envelope.
The copy of the canvassing board report and the precinct summary
statements must be sent by express mail or delivered to the secretary of
state. If the copy is not received by
the secretary of state within ten days following the applicable election
a primary election, or within 16 days following a general election, the
secretary of state shall immediately notify the county auditor, who shall
deliver another copy to the secretary of state by special messenger.
Sec. 29.
Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to
read:
Subd. 5. Results.
The municipal primary shall be conducted and the returns made in the
manner provided for the state primary so far as practicable. On the third eighth day after
the primary, the governing body of the municipality shall canvass the returns,
and the two candidates for each office who receive the highest number of votes,
or a number of candidates equal to twice the number of individuals to be
elected to the office, who receive the highest number of votes, shall be the
nominees for the office named. Their
names shall be certified to the municipal clerk who shall place them on the
municipal general election ballot without partisan designation and without
payment of an additional fee.
Sec. 30.
Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to
read:
Subd. 3. Canvass of returns, certificate of
election, ballots, disposition. (a)
Between the third eighth and tenth 14th days after
an election, the governing body of a city conducting any election including a
special municipal election, or the governing body of a town conducting the
general election in November shall act as the canvassing board, canvass the
returns, and declare the results of the election. The governing body of a town conducting the
general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within two ten
days after an election.
(b) After the time for contesting elections has passed, the
municipal clerk shall issue a certificate of election to each successful
candidate. In case of a contest, the
certificate shall not be issued until the outcome of the contest has been
determined by the proper court.
(c) In case of a tie vote, the canvassing board having
jurisdiction over the municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall
be the final custodian of the ballots and the returns of the election.
Sec. 31.
Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to
read:
Subd. 4. Results.
The school district primary must be conducted and the returns made
in the manner provided for the state primary as far as practicable. On the third eighth day after
the primary, the school board of the school district shall canvass the returns,
and the two candidates for each specified school board position who receive the
highest number of votes, or a number of candidates equal to twice the number of
individuals to be elected to at-large school board positions who receive the
highest number of votes, are the nominees for the office named. Their names must be certified to the school
district clerk who shall place them on the school district general election
ballot without partisan designation and without payment of an additional fee.
Sec. 32.
Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to
read:
Subd. 3. Canvass of returns, certificate of
election, ballots, disposition. Between
the third eighth and tenth 14th days after a school
district election other than a recount of a special election conducted under
section 126C.17, subdivision 9, or 475.59, the school board shall canvass the
returns and declare the results of the election. After the time for contesting elections has
passed, the school district clerk shall issue a certificate of election to each
successful candidate. If there is a
contest, the certificate of election to that office must not be issued until
the outcome of the contest has been determined by the proper court. If there is a tie vote, the school board
shall determine the result by lot. The
clerk shall deliver the certificate of election to the successful candidate by
personal service or certified mail. The
successful candidate shall file an acceptance and oath of office in writing
with the clerk within 30 days of the date of mailing or personal service. A person who fails to qualify prior to the
time specified shall be deemed to have refused to serve, but that filing may be
made at any time before action to fill the vacancy has been taken. The school district clerk shall certify the
results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
A school district canvassing board shall perform the duties
of the school board according to the requirements of this subdivision for a
recount of a special election conducted under section 126C.17, subdivision 9,
or 475.59.
Sec. 33. PUBLIC EDUCATION CAMPAIGN.
The commissioner of administration shall contract for the
production and implementation of a statewide public educational campaign
related to the voter identification requirements of this article. The campaign must inform voters of the
requirements for identification when voting, methods of securing sufficient
identification, including securing a free
voter identification card if necessary, and the process for provisional
balloting for voters unable to meet the identification requirements on
election day. The secretary of state may
consult with the vendor in coordinating material
related to the campaign, but the secretary, the secretary's staff, and any
other documents or materials promoting the office of the secretary of
state may not appear visually or audibly in any advertising or promotional
items disseminated by the vendor as part of the public education campaign.
$.......is appropriated in fiscal year 2012 and $.......is
appropriated in fiscal year 2013 from the general fund to the commissioner of
administration for purposes of implementing this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 34. APPROPRIATION.
(a) $709,000 is appropriated in fiscal year 2013 from the
general fund to the state-subsidized identification card account for purposes
of providing state-subsidized identification cards to individuals qualifying
under Minnesota Statutes, section 171.07, subdivision 3b.
(b) $......is appropriated in fiscal year 2012 to the
secretary of state from the Help America Vote Act account and $.......is
appropriated in fiscal year 2013 to the secretary of state from the general
fund for purposes of implementing the requirements of this act.
(c) $8,300,000 is appropriated from the general fund to the
secretary of state in fiscal year 2012 for the reimbursement of costs incurred
by counties, cities, and townships to implement the requirements of this
act. The secretary of state shall
conduct a cost survey to determine the appropriate reimbursement for each unit
of government. Any amount of this
appropriation remaining after all counties, cities, and townships have been
reimbursed shall be returned to the general fund.
Sec. 35. EFFECTIVE DATE.
Except where otherwise provided, this article is effective
June 1, 2012, and applies to elections held on or after that date.
ARTICLE 2
ELECTION
ADMINISTRATION AND INTEGRITY
Section 1. Minnesota
Statutes 2010, section 135A.17, subdivision 2, is amended to read:
Subd. 2. Residential housing list. All postsecondary institutions that
enroll students accepting state or federal financial aid may prepare a current
list of students enrolled in the institution and residing in the institution's
housing or within ten miles of the institution's campus. The list shall include each student's current
address. The list shall be certified and
sent to the appropriate county auditor or auditors, in an electronic format
approved by the secretary of state, for use in election day registration as
provided under section 201.061, subdivision 3.
A residential housing list provided under this subdivision may not be
used or disseminated by a county auditor or the secretary of state for any
other purpose.
Sec. 2.
Minnesota Statutes 2010, section 201.021, is amended to read:
201.021 PERMANENT
REGISTRATION SYSTEM.
A permanent system of voter registration by county is
established, with a single, official, centralized, interactive computerized
statewide voter registration list defined, maintained, and administered at the
state level that contains the name and registration information of every
legally registered voter in the state, and assigns a unique identifier to each
legally registered voter in the state. The
unique identifier shall be permanently assigned to the voter and may not be
changed or reassigned to another voter.
The interactive computerized statewide voter registration list constitutes
the official list of every legally registered voter in the state. The county auditor shall be chief registrar
of voters and the chief custodian of the official registration records in each
county. The secretary of state is
responsible for defining, maintaining, and administering the centralized
system.
Sec. 3.
Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to
read:
Subdivision 1. Establishment. The secretary of state shall maintain a
statewide voter registration system to facilitate voter registration and to
provide a central database containing voter registration information from
around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration
applications to any county auditor, the secretary of state, or the Department
of Public Safety;
(2) provide for the definition, establishment, and
maintenance of a central database for all voter registration information;
(3) provide for entering data into the statewide
registration system;
(4) provide for electronic transfer of completed voter
registration applications from the Department of Public Safety to the secretary
of state or the county auditor;
(5) assign a unique, permanent identifier to each
legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's
license number, Minnesota state identification number, and last four digits of
the Social Security number for each voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add
or modify information in the system to provide for accurate and up-to-date
records;
(9) allow county auditors, municipal and school district
clerks, and the secretary of state to have electronic access to the statewide
registration system for review and search capabilities;
(10) provide security and protection of all information in
the statewide registration system and ensure that unauthorized access is not
allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the
precinct to which a voter should be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on
the driver's license numbers, state identification numbers, or last four digits
of the Social Security numbers submitted on voter registration applications
that have been verified as accurate by the secretary of state; and
(14) provide reports on the number of absentee ballots
transmitted to and returned and cast by voters under section 203B.16; and
(15) provide reports on individuals who are not registered
and believed to be ineligible to vote, to the extent permitted by federal law.
The appropriate state or local official shall provide
security measures to prevent unauthorized access to the computerized list
established under section 201.021.
Sec. 4.
Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to
read:
Subd. 4. Registration by election judges;
procedures. Registration at the
polling place on election day shall be conducted by the election judges. Before registering an individual to vote at
the polling place, the election judge must review any list of absentee election
day registrants provided by the county auditor or municipal clerk to see if the
person has already voted by absentee ballot.
If the person's name appears on the list, the election judge must not
allow the individual to register or to vote in the polling place. The election judges shall also review the
list of individuals believed to be ineligible to vote using the electronic
roster, or a paper list provided by the county auditor or municipal clerk. The election judge who registers an
individual at the polling place on election day shall not handle that voter's
ballots at any time prior to the opening of the ballot box after the voting
ends. Registration applications and
forms for oaths shall be available at each polling place. If an individual who registers on election
day proves residence by oath of a registered voter, the form containing the
oath shall be attached to the individual's registration application. Registration applications completed on
election day shall be forwarded to the county auditor who shall add the name of
each voter to the registration system unless the information forwarded is
substantially deficient. A county
auditor who finds an election day registration substantially deficient shall
give written notice to the individual whose registration is found
deficient. An election day registration
shall not be found deficient solely because the individual who provided proof
of residence was ineligible to do so.
Sec. 5.
Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to
read:
Subd. 7. Record of attempted registrations. The election judge responsible for
election day registration shall attempt to keep a record of the number
of individuals who attempt to register on election day but who cannot provide
proof of residence as required by this section.
The record shall be forwarded to the county auditor with the election
returns for that precinct.
Sec. 6.
Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to
read:
Subd. 3. Deficient registration. No voter registration application is
deficient if it contains the voter's name, address, date of birth, current and
valid Minnesota driver's license number or Minnesota state identification
number, or if the voter has no current and valid Minnesota driver's license or
Minnesota state identification number, the last four digits of the voter's
Social Security number, if the voter has been issued a Social Security number,
prior registration, if any, and signature.
The absence of a zip code number does not cause the registration to be
deficient. Failure to check a box on
an application form that a voter has certified to be true does not cause the
registration to be deficient. The
election judges shall request an individual to correct a voter registration
application if it is deficient or illegible.
No eligible voter may be prevented from voting unless the voter's
registration application is deficient or the voter is duly and successfully
challenged in accordance with section 201.195 or 204C.12.
A voter registration application accepted prior to August 1,
1983, is not deficient for lack of date of birth. The county or municipality may shall
attempt to obtain the date of birth for a voter registration application
accepted prior to August 1, 1983, by a request to the voter at any time
except at the polling place. Failure by
the voter to comply with this request does not make the registration deficient.
A voter registration application accepted before January 1,
2004, is not deficient for lack of a valid Minnesota driver's license or state
identification number, voter identification card number, or the last
four digits of a Social Security number.
A voter registration application submitted by a voter who does not have
a Minnesota driver's license or state identification number, voter
identification card number, or a Social Security number, is not deficient
for lack of any of these numbers.
Sec. 7.
Minnesota Statutes 2010, section 201.081, is amended to read:
201.081 REGISTRATION
FILES.
The statewide registration system is the official record of
registered voters. The voter
registration applications and the terminal providing access to the statewide
registration system must be under the control of the county auditor or the
public official to whom the county auditor has delegated the responsibility for
maintaining voter registration records.
The voter registration applications and terminals providing access to
the statewide registration system must not be removed from the control of the
county auditor except as provided in this section. The county auditor may make photographic
copies of voter registration applications in the manner provided by section
138.17.
A properly completed voter registration application that has
been submitted to the secretary of state or a county auditor must be maintained
by the secretary of state or the county auditor for at least 22 36
months after the date that the information on the application is entered into
the database of the statewide registration system. The secretary of state or the county auditor
may dispose of the applications after retention for 22 36 months
in the manner provided by section 138.17.
Sec. 8.
Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to
read:
Subdivision 1. Entry of registration information. (a) At the time a voter registration
application is properly completed, submitted, and received in accordance with
sections 201.061 and 201.071, the county auditor shall enter the information contained
on it into the statewide registration system.
Voter registration applications completed before election day must be
entered into the statewide registration system within ten days after they have
been submitted to the county auditor.
Voter registration applications completed on election day must be
entered into the statewide registration system within 42 days after the
election, unless the county auditor notifies the secretary of state before
the 42-day deadline has expired that the deadline will not be met.
(b) Upon receiving a completed voter registration
application, the secretary of state may electronically transmit the information
on the application to the appropriate county auditor as soon as possible for
review by the county auditor before final entry into the statewide registration
system. The secretary of state may mail
the voter registration application to the county auditor.
(c) Within ten days after the county auditor has entered
information from a voter registration application into the statewide
registration system, the secretary of state shall compare the voter's name,
date of birth, and driver's license number, state identification number, voter
identification card number, or the last four digits of the Social Security
number with the same information contained in the Department of Public Safety
database.
(d) The secretary of state shall provide a report to the
county auditor on a weekly basis that includes a list of voters whose name,
date of birth, or identification number have been compared with the same
information in the Department of Public Safety database and cannot be verified
as provided in this subdivision. The
report must list separately those voters who have submitted a voter registration
application by mail and have not voted in a federal election in this state.
(e) The county auditor shall compile a list of voters for
whom the county auditor and the secretary of state are unable to conclude that
information on the voter registration application and the corresponding
information in the Department of Public Safety database relate to the same
person.
(f) The county auditor shall send a notice of incomplete
registration to any voter whose name appears on the list and change the voter's
status to "incomplete." A
voter who receives a notice of incomplete registration from the county auditor
may either provide the information required to complete the registration at
least 21 days before the next election or at the polling place on election day.
Sec. 9.
Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to
read:
Subd. 3. Postelection sampling. Within ten days after an election, the
county auditor shall send the notice required by subdivision 2 to a random
sampling of the individuals registered on election day. The random sampling shall be determined in
accordance with the rules of the secretary of state. As soon as practicable after the election, but
no later than January 1 of the following year, the county auditor shall
mail the notice required by subdivision 2 to all other individuals registered
on election day. If a notice is returned
as not deliverable, the county auditor shall attempt to determine the reason
for the return. A county auditor who
does not receive or obtain satisfactory proof of an individual's eligibility to
vote shall immediately notify the county attorney of all of the relevant
information and the secretary of state of the numbers by precinct. By March 1 of every odd-numbered year, the secretary
of state shall report to the chair and ranking minority members of the
legislative committees with jurisdiction over elections the number of notices
reported under this subdivision to the secretary of state for the previous
state general election by county and precinct.
Sec. 10.
Minnesota Statutes 2010, section 201.171, is amended to read:
201.171 POSTING
VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.
Within six weeks after every election, the county auditor
shall post the voting history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the
preceding four years. The secretary of
state shall perform list maintenance by changing the status of those registrants
to "inactive" in the statewide registration system. The list maintenance performed must be
conducted in a manner that ensures that the name of each registered voter
appears in the official list of eligible voters in the statewide registration system. A voter must not be removed from the official
list of eligible voters unless the voter is not eligible or is not registered
to vote. List maintenance must include
procedures for eliminating duplicate names from the official list of eligible
voters.
The secretary of state shall also prepare a report to the
county auditor containing the names of all registrants whose status was changed
to "inactive."
Registrants whose status was changed to "inactive"
must register in the manner specified in section 201.054 before voting in any
primary, special primary, general, school district, or special election, as
required by section 201.018.
Although not counted in an election, a late or rejected
absentee or mail ballot must be considered a vote for the purpose of continuing
registration under this section, but is not considered voting history for
the purpose of public information lists available under section 201.091,
subdivision 4.
Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.
(a) The secretary of state shall maintain an electronic
database of individuals not registered and who are believed to be ineligible to
vote under section 201.014, subdivision 2.
The database may be maintained as a module of the statewide voter
registration system, if permitted by federal law, or maintained as a separate
database, and at a minimum must include an individual's name, address of
residence, date of birth, the reason the individual is believed to be
ineligible to vote and, if available, the individual's driver's license or
state identification card number, or the last four digits of the individual's
Social Security number. Entries in the
database shall be compiled using data submitted to the secretary of state under
this chapter, and other sources as the secretary may determine appropriate.
(b) An elections official processing a voter registration
application must verify whether the individual listed on the application is
included in the database of individuals known to be ineligible to vote. If the individual is listed in the database,
the voter registration application may be accepted, but the voter's status must
be listed as "challenged." An
election judge processing a voter registration application submitted by a voter
in a polling place on election day must verify the application using the
electronic roster, or if the polling place does not have an electronic roster,
using a paper list provided by the county auditor. A paper list used for verification in a
polling place may be limited to only those individuals known to be residents of
the county in which the precinct is located.
Sec. 12.
Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to
read:
Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe
the form of polling place rosters that include the voter's name, address, date
of birth, school district number, and space for the voter's signature. The secretary of state may prescribe
additional election-related information to be placed on the polling place
rosters on an experimental basis for one state primary and general election
cycle; the same information may not be placed on the polling place roster for a
second state primary and general election cycle unless specified in this
subdivision. The polling place roster
must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe
procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary
of state shall prescribe the form for a county or municipality to request the
date of birth from currently registered voters.
The county or municipality shall not request the date of birth from
currently registered voters by any communication other than the prescribed form
and the form must clearly indicate that a currently registered voter does not
lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the
date of election for 22 36 months following the election.
Sec. 13.
Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to
read:
Subdivision 1. Application procedures. (a) Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee
ballots for any election may be submitted at any time not less than one day
before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format
provided by the secretary of state and shall furnish them to any person on
request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used
available to auditors through electronic means.
An application submitted pursuant to this subdivision shall be in
writing and shall be submitted to:
(1) the county auditor of the county where the applicant
maintains residence; or
(2) the municipal clerk of the municipality, or school
district if applicable, where the applicant maintains residence.
(b)
An application shall be approved if it is timely received, signed and dated by
the applicant, and contains:
(1)
the applicant's name and residence and mailing addresses,;
(2) the applicant's date of birth, and at least one of the following:;
(3) the applicant's Minnesota driver's license number,
Minnesota state identification card number, or Minnesota voter identification
card number; and
(4) the last four digits of the applicant's Social Security
number or a statement that the applicant does not have a Social Security
number.
(1) the applicant's Minnesota driver's license number;
(2) Minnesota state identification card number;
(3) the last four digits of the applicant's Social Security
number; or
(4) a statement that the applicant does not have any of
these numbers.
To be approved, the application must state that the
applicant is eligible to vote by absentee ballot for one of the reasons
specified in section 203B.02, and must contain an oath that the information
contained on the form is accurate, that the applicant is applying on the
applicant's own behalf, and that the applicant is signing the form under
penalty of perjury.
Prior to approval, the county auditor or municipal clerk
must verify that the Minnesota driver's license, state identification card
number, or voter identification card number submitted by an applicant is valid
and assigned to that applicant. An
application that contains a driver's license or identification card number that
is invalid or not assigned to the applicant must be rejected. The county auditor or municipal clerk must
also verify that the applicant does not appear on any lists of known ineligible
voters maintained by the county auditor or municipal clerk, or provided to the
county auditor or municipal clerk by the secretary of state. When verifying eligibility, the county
auditor or municipal clerk must use the same standards and process as used for
individuals appearing in the polling place on election day, except that an
applicant is not required to appear in person or present photo identification
meeting the standards of section 204C.10, subdivision 2.
(c)
An applicant's full date of birth, Minnesota driver's license or,
state identification, or voter identification card number, and the last
four digits of the applicant's Social Security number must not be made
available for public inspection. An
application may be submitted to the county auditor or municipal clerk by an
electronic facsimile device. An
application mailed or returned in person to the county auditor or municipal
clerk on behalf of a voter by a person other than the voter must be deposited
in the mail or returned in person to the county auditor or municipal clerk
within ten days after it has been dated by the voter and no later than six days
before the election. The absentee ballot
applications or a list of persons applying for an absentee ballot may not be
made available for public inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
Sec. 14.
Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to
read:
Subd. 2. Health care patient. An eligible voter who on the day before
an election becomes a resident or patient in a health care facility or hospital
located in the municipality in which the eligible voter maintains residence may
apply for absentee ballots on election day if the voter:
(a)
requests an application form by telephone from the municipal clerk not later
than 5:00 p.m. on the day before election day; or
(b) submits an absentee ballot application to the election
judges engaged in delivering absentee ballots pursuant to section 203B.11.
Sec. 15.
Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to
read:
Subd. 5. Preservation of records. An application for absentee ballots shall
be dated by the county auditor or municipal clerk when it is received and shall
be initialed when absentee ballots are mailed or delivered to the
applicant. All applications shall be
preserved by the county auditor or municipal clerk for 22 36
months.
Sec. 16.
Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to
read:
Subdivision 1. Establishment; applicable laws. (a) The governing body of each county,
municipality, and school district with responsibility to accept and reject
absentee ballots must, by ordinance or resolution, establish a ballot
board. The board must consist of a
sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections
204B.19 to 204B.22. The board may
include staff trained as election judges.
(b) Each jurisdiction must pay a reasonable compensation to
each member of that jurisdiction's ballot board for services rendered during an
election.
(c) A ballot board may only meet to perform its duties
under this chapter during the period in which completed absentee ballots are
accepted for an election. The time and
place of each meeting must be scheduled, announced, and posted on the Web site
of the governing body of the county, municipality, or school district at least
14 days prior to convening the first meeting of the ballot board for an
election. If the governing body of the
county, municipality, or school district does not have a Web site, the time and
place of each meeting must be posted, in writing, on the principle bulletin
board of the body. Meetings of the
ballot board must be convened at the same time and in the same location. The ballot board must also meet on any day
during which the county or municipal offices are open for the purposes of
conducting election business prior to an election. A ballot board may not meet except during
regularly scheduled meetings announced and posted as required by this
paragraph.
(d)
Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.
Sec. 17.
Minnesota Statutes 2010, section 204B.40, is amended to read:
204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; DISPOSITION;
INSPECTION OF BALLOTS.
The county auditors, municipal clerks, and school district
clerks shall retain all election materials returned to them after any election
for at least 22 36 months from the date of that election. All election materials involved in a
contested election must be retained for 22 36 months or until the
contest has been finally determined, whichever is later. Abstracts filed by canvassing boards shall be
retained permanently by any officer with whom those abstracts are filed. Election materials no longer required to be retained
pursuant to this section shall be disposed of in accordance with sections
138.163 to 138.21. Sealed envelopes
containing voted ballots must be retained unopened, except as provided in this
section, in a secure location. The
county auditor, municipal clerk, or school district clerk shall not permit any
voted ballots to be tampered with or defaced.
After the time for filing a notice of contest for an
election has passed, the secretary of state may, for the purpose of monitoring
and evaluating election procedures: (1)
open the sealed ballot envelopes and inspect the ballots for that election
maintained by the county auditors, municipal clerks, or school district clerks;
(2) inspect the polling place rosters and completed voter registration
applications; or (3) examine other forms required in the Minnesota election
laws for use in the polling place. No
inspected ballot or document may be marked or identified in any manner. After inspection, all ballots must be
returned to the ballot envelope and the ballot envelope must be securely
resealed. Any other election materials
inspected or examined must be secured or resealed. No polling place roster may be inspected
until the voting history for that precinct has been posted. No voter registration application may be
inspected until the information on it has been entered into the statewide
registration system.
Sec. 18.
Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to
read:
Subdivision 1. Determination of proper number. The election judges shall determine the
number of ballots to be counted by adding the number of return envelopes
from accepted absentee ballots to the number of signed voter's certificates, or
to the number of names entered in the election register counting the number
of original voter signatures contained in the polling place roster, or on
voter's receipts generated from an electronic roster. The election judges may not count the number
of voter receipts collected in the precinct as a substitute for counting original
voter signatures unless the voter receipts contain the name, voter
identification number, and signature of the voter to whom the receipt was
issued. The election judges shall
then remove all the ballots from the box.
Without considering how the ballots are marked, the election judges
shall ascertain that each ballot is separate and shall count them to determine
whether the number of ballots in the box corresponds with the number of ballots
to be counted.
Sec. 19.
Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to
read:
Subd. 2. Excess ballots. If two or more ballots are found folded
together like a single ballot, the election judges shall lay them aside until
all the ballots in the box have been counted.
If it is evident from the number of ballots to be counted that the
ballots folded together were cast by one voter, the election judges shall
preserve but not count them. If the
number of ballots in one box exceeds the number to be counted, the election
judges shall examine all the ballots in the box to ascertain that all are
properly marked with the initials of the election judges. If any ballots are not properly marked with
the initials of the election judges, the election judges shall preserve but not
count them; however, if the number of ballots does not exceed the number to be
counted, the absence of either or both sets of initials of the election judges
does not, by itself, disqualify the vote from being counted and must not
but may be the basis of a challenge in a recount. If there is still an excess of properly
marked ballots, the election judges shall replace them in the box, and one
election judge, without looking, shall withdraw from the box a number of
ballots equal to the excess. The
withdrawn ballots shall not be counted but shall be preserved as provided in
subdivision 4.
Sec. 20.
Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to
read:
Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
with the number of ballots to be counted, those ballots not counted shall be clearly
marked "excess" on the front of the ballot and attached to a
certificate made by the election judges which states the number of ballots
not counted and why the ballots they were not counted. The certificate and uncounted ballots shall
be sealed in a separate envelope and returned to clearly marked
"excess ballots." The election
judges shall sign their names over the envelope seal and return the ballots to
the county auditor or municipal or school district clerk from whom they were
received. Tabulation of vote totals
from a precinct where excess ballots were removed from the ballot box shall be
completed by the canvassing board responsible for certifying the election
results from that precinct.
Sec. 21.
Minnesota Statutes 2010, section 204C.20, is amended by adding a
subdivision to read:
Subd. 5. Applicability. The
requirements of this section apply regardless of the voting system or method of
tabulation used in a precinct.
Sec. 22.
Minnesota Statutes 2010, section 204C.23, is amended to read:
204C.23 SPOILED,
DEFECTIVE, AND DUPLICATE BALLOTS.
(a) A ballot that is spoiled by a voter must be clearly
marked "spoiled" by an election judge, placed in an envelope
designated for spoiled ballots from the precinct, sealed, and returned as
required by section 204C.25.
(b)
A ballot that is defective to the extent that the election judges are unable to
determine the voter's intent shall be marked on the back "Defective"
if it is totally defective or "Defective as to ......," naming the
office or question if it is defective only in part. Defective ballots must be placed in an
envelope designated for defective ballots from the precinct, sealed, and
returned as required by section 204C.25.
(c) A damaged or defective ballot that requires duplication
must be handled as required by section 206.86, subdivision 5.
Sec. 23.
Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to
read:
Subdivision 1. Information requirements. Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges shall
complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:
(a)
(1) the number of ballots delivered to the precinct as adjusted by the
actual count made by the election judges, the number of unofficial ballots
made, and the number of absentee ballots delivered to the precinct;
(b)
(2) the number of votes each candidate received or the number of yes and
no votes on each question, the number of undervotes, the number of overvotes,
and the number of defective ballots with respect to each office or question;
(c)
(3) the number of spoiled ballots, the number of duplicate ballots made,
the number of absentee ballots rejected, and the number of unused ballots,
presuming that the total count provided on each package of unopened prepackaged
ballots is correct;
(4) the number of ballots cast;
(d)
(5) the number of individuals who voted at the election in the
precinct voter signatures contained on the polling place roster or on
voter receipts generated by an electronic roster, which must equal the
total number of ballots cast in the precinct, as required by sections 204C.20
and 206.86, subdivision 1;
(6) the number of excess ballots removed by the election
judges, as required by section 204C.20;
(e)
(7) the number of voters registering on election day in that precinct;
and
(f)
(8) the signatures of the election judges who counted the ballots
certifying that all of the ballots cast were properly piled, checked, and
counted; and that the numbers entered by the election judges on the summary
statements correctly show the number of votes cast for each candidate and for
and against each question.
At least two copies of the summary statement must be
prepared for elections not held on the same day as the state elections.
Sec. 24.
Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
Subdivision 1. At the voting location Precinct
polling locations; duties; reconciliation.
In precincts where an electronic voting system is used, as soon as
the polls are closed the election judges shall secure the voting systems
against further voting. They shall then
open the ballot box and count the number of ballot cards ballots
or envelopes containing ballot cards ballots that have been cast
to determine that the number of ballot cards ballots does not
exceed the number of voters shown on original voter signatures
contained in the election register or registration file polling
place roster or on voter receipts generated from an electronic roster. The election judges may not count the number
of voter receipts collected in the precinct as a substitute for counting
original voter signatures unless the voter receipts contain the name, voter
identification number, and signature of the voter to whom the receipt was
issued. If there is an excess, the
judges shall seal the ballots in a ballot container and transport the
container to the county auditor or municipal clerk who shall process the
ballots in the same manner as paper ballots are processed in section 204C.20,
subdivision 2, then enter the ballots into the ballot counter proceed in
the manner required for excess ballots under section 204C.20, subdivisions 2 to
4. The total number of voters must
be entered on the forms provided. The
judges shall next count the write-in votes and enter the number of those votes
on forms provided for the purpose.
Sec. 25.
Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to
read:
Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted ballot cards,
excess ballots, defective ballots, and damaged ballots in the container
provided for transporting them to the counting center. The container must be sealed and delivered
immediately to the counting center by two judges who are not of the same major
political party. The judges shall also
deliver to the counting center in a suitable container the unused ballot
cards ballots, the spoiled ballot envelope, and the ballot envelopes
issued to the voters and deposited during the day in the ballot box.
Sec. 26.
Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to
read:
Subdivision 1. Manner; time; contents. Service of a notice of contest must be
made in the same manner as the service of summons in civil actions. The notice of contest must specify the grounds
on which the contest will be made. The
contestant shall serve notice of the contest on the parties enumerated in this
section. Notice must be served and filed
within five days after the canvass is completed in the case of a primary or
special primary or within seven days after the canvass is completed in the case
of a special or general election; except that:
(1)
if a contest is based on a deliberate, serious, and material violation of the
election laws which was discovered from the statements of receipts and
disbursements required to be filed by candidates and committees, the action may
be commenced and the notice served and filed within ten days after the filing
of the statements in the case of a general or special election or within five
days after the filing of the statements in the case of a primary or special
primary.;
(2)
if a notice of contest questions only which party received the highest number
of votes legally cast at the election, a contestee who loses may serve and file
a notice of contest on any other ground during the three days following
expiration of the time for appealing the decision on the vote count; and
(3) if data or documents necessary to determine grounds for
a contest, including but not limited to lists of the names of every voter who
participated in an election, are not available to a candidate or the general
public prior to the close of the period for filing a notice of contest under
this section due to nonfeasance, malfeasance, or failure to perform duties
within the time required by statute on the part of the secretary of state, a
county auditor, or other state, county, or municipal election official, a
notice of contest may be served and filed within seven days after the data or
documents become available for inspection by the candidates and the general
public.
Sec. 27.
Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to
read:
Subdivision 1. Appointment of inspectors. After a contest has been instituted,
either party may have the ballots all materials relating to the
election, including, but not limited to, polling place rosters, voter
registration applications, accepted absentee ballot envelopes, rejected
absentee ballot envelopes, applications for absentee ballots, precinct summary
statements, printouts from voting machines, and precinct incident logs,
inspected before preparing for trial.
The party requesting an inspection shall file with the district court
where the contest is brought a verified petition, stating that the case cannot
properly be prepared for trial without an inspection of the ballots and
other election materials and designating the precincts in which an
inspection is desired. A judge of the
court in which the contest is pending shall then appoint as many sets of three
inspectors for a contest of any office or question as are needed to count and
inspect the ballots expeditiously. One
inspector must be selected by each of the parties to the contest and a third
must be chosen by those two inspectors.
If either party neglects or refuses to name an inspector, the judge
shall appoint the inspector. The
compensation of inspectors is the same as for referees, unless otherwise
stipulated.
Sec. 28.
Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to
read:
Subdivision 1. Soliciting near polling places. A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade
a voter within a polling place or within 100 feet of the building in which a
polling place is situated, or anywhere on the public property on which a
polling place is situated, on primary or election day to vote for or refrain
from voting for a candidate or ballot question.
A person may not provide political badges, political buttons, or other
political insignia to be worn at or about the polling place on the day of a
primary or election. A political badge,
political button, or other political insignia may not be worn at or about the
polling place on primary or election day if it is designed to influence
voting for or against a particular candidate, political party, or question on
the ballot at the election. This
section applies to areas established by the county auditor or municipal clerk
for absentee voting as provided in chapter 203B.
The secretary of state, county auditor, municipal clerk, or
school district clerk may provide stickers which contain the words "I
VOTED" and nothing more. Election
judges may offer a sticker of this type to each voter who has signed the
polling place roster or a voter's receipt.
Sec. 29. PROPOSED LEGISLATION.
By January 15, 2012, the secretary of state must report to
the legislature proposed legislation to amend matters currently contained in
administrative rules as necessary to implement or make specific this act. To the greatest extent practical, this
proposed legislation must propose codifying into law matters that otherwise
would be enacted through the administrative rulemaking process.
To the extent that codifying matters into law is not
practical, the proposed legislation must direct, by law, specific changes to be
made in administrative rules so that no interpretation of the law by the
secretary of state would be necessary, and use of the good cause rulemaking
exemption in Minnesota Statutes, section 14.388 would be appropriate if the
legislature authorizes use of this process.
Sec. 30. REPEALER.
Minnesota Statutes 2010, sections 203B.04, subdivision 3, is
repealed.
ARTICLE 3
ELECTRONIC
ROSTERS
Section 1. Minnesota
Statutes 2010, section 200.02, is amended by adding a subdivision to read:
Subd. 12a. Polling place roster. "Polling
place roster" means the official lists used to record a voter's appearance
in a polling place on election day, including the list of registered voters in
the precinct, and the list of voters registering on election day. A polling place roster may be in a printed or
electronic format, as permitted by section 201.225.
Sec. 2.
Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to
read:
Subd. 3. Procedures for polling place rosters. The secretary of state shall prescribe
the form of polling place rosters that include the voter's name, address, date
of birth, school district number, and space for the voter's signature. A polling place roster provided in an
electronic form must allow for a printed voter's receipt that meets the
standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
additional election-related information to be placed on the polling place
rosters on an experimental basis for one state primary and general election
cycle; the same information may not be placed on the polling place roster for a
second state primary and general election cycle unless specified in this
subdivision. The polling place roster
must be used to indicate whether the voter has voted in a given election. The secretary of state shall prescribe
procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary
of state shall prescribe the form for a county or municipality to request the
date of birth from currently registered voters.
The county or municipality shall not request the date of birth from
currently registered voters by any communication other than the prescribed form
and the form must clearly indicate that a currently registered voter does not
lose registration status by failing to provide the date of birth. In accordance with section 204B.40, the
county auditor shall retain the prescribed polling place rosters used on the
date of election for 22 months following the election.
Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
Subdivision 1. Certification of system. (a)
A precinct may have a secure network of two or more computer systems to serve
as the precinct's electronic polling place roster.
(b) Precincts may not use an electronic roster until the
secretary of state has certified that the system design and operational
procedures are sufficient to prevent any voter from voting more than once at an
election, and to prevent access to the system by unauthorized individuals.
Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic roster
must:
(1) be preloaded with data from the statewide voter
registration system, including data on individuals known to be ineligible to
vote;
(2) permit all voting information processed by any computer
in a precinct to be immediately accessible to all other computers in the
precinct and to be transferred to the statewide voter registration system on
election night or no later than one week after the election;
(3) provide for a printed voter's receipt, containing the
voter's name, address of residence, date of birth, voter identification number,
the oath required by section 204C.10, and a space for the voter's original
signature;
(4) immediately alert the election judge if the electronic
roster indicates that a voter has already voted at the election, is ineligible
to vote, does not reside in the precinct, or the voter's registration status is
challenged;
(5) automatically accept and input data from a scanned
Minnesota driver's license or identification card and match the data to an
existing voter registration record, and permit manual input of voter data, if
necessary; and
(6) perform any other functions
required for the efficient and secure administration of an election, as
required by law.
Sec. 4.
Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to
read:
Subd. 2. Separate precincts; combined polling
place. (a) The following shall
constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be
established no later than May 1 of any year:
(1) for any city of the third or fourth class, any town, or
any city having territory in more than one county, in which all the voters of
the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality
that have a combined total of fewer than 500 registered voters;
(3) for up to four contiguous municipalities located
entirely outside the metropolitan area, as defined by section 200.02,
subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more
counties.
A copy of the ordinance or resolution establishing a
combined polling place must be filed with the county auditor within 30 days
after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body
of each participating municipality. A
polling place combined under clause (4) must be approved by the governing body
of each participating municipality and the secretary of state and may be
located outside any of the noncontiguous precincts. A municipality withdrawing from participation
in a combined polling place must do so by filing a resolution of withdrawal
with the county auditor no later than April 1 of any year.
The secretary of state shall provide a separate polling
place roster for each precinct served by the combined polling place unless
that precinct uses an electronic roster.
A single set of election judges may be appointed to serve at a combined
polling place. The number of election
judges required must be based on the total number of persons voting at the last
similar election in all precincts to be voting at the combined polling
place. Separate ballot boxes must be
provided for the ballots from each precinct.
The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place
established under clause (2) where one of the precincts has fewer than ten
registered voters, in which case the results of that precinct must be reported
in the manner specified by the secretary of state.
Sec. 5.
Minnesota Statutes 2010, section 204C.10, is amended to read:
204C.10 PERMANENT
REGISTRATION; VERIFICATION OF REGISTRATION.
(a) An individual seeking to vote shall sign a polling place
roster or printed voter's receipt, generated from an electronic roster
which states that the individual is at least 18 years of age, a citizen of the
United States, has resided in Minnesota for 20 days immediately preceding the
election, maintains residence at the address shown, is not under a guardianship
in which the court order revokes the individual's right to vote, has not been
found by a court of law to be legally incompetent to vote or has the right to
vote because, if the individual was convicted of a felony, the felony sentence
has expired or been completed or the individual has been discharged from the
sentence, is registered and has not already voted in the election. The roster must also state: "I understand that deliberately
providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."
(b) A judge may, before the applicant signs the roster or
receipt, confirm the applicant's name, address, and date of birth.
(c) In precincts where a paper roster is used, after
the applicant signs the roster, the judge shall give the applicant a voter's
receipt. Regardless of the form
of roster used, a voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the
judge shall hand to the voter the ballot.
The voters' receipts must be maintained during the time for notice of
filing an election contest for 36 months following the date of the
election.
Sec. 6. Minnesota
Statutes 2010, section 204C.12, subdivision 4, is amended to read:
Subd. 4. Refusal to answer questions or sign a
polling place roster. A challenged
individual who refuses to answer questions or sign a polling place roster or
voter's receipt as required by this section must not be allowed to
vote. A challenged individual who leaves
the polling place and returns later willing to answer questions or sign a
polling place roster must not be allowed to vote.
Sec. 7.
Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to
read:
Subd. 2. Voter registration. An individual may register to vote at a
special primary or special election at any time before the day that the polling
place rosters for the special primary or special election are prepared finally
secured by the secretary of state for the election. The secretary of state shall provide the
county auditors with notice of this date at least seven days before the
printing of the rosters are secured.
This subdivision does not apply to a special election held on the same
day as the state primary, state general election, or the regularly scheduled
primary or general election of a municipality, school district, or special
district.
Sec. 8. [206A.01] APPLICABILITY.
This chapter applies to each designated election official
who administers electronic roster systems for the purpose of conducting an
election and compiling complete returns.
Sec. 9. [206A.02] DEFINITIONS.
Subdivision 1. Definitions. The
definitions in this section apply to this chapter.
Subd. 2. Designated
election official. "Designated
election official" means the county auditor or municipal clerk.
Subd. 3. Elector data. "Elector
data" means voting information, including, but not limited to, voter
registration, voting history, and voting tabulations.
Subd. 4. Electronic roster. "Electronic
roster" is a list of eligible electors in electronic format who are
permitted to vote at a polling place in an election conducted under the
Minnesota Election Law, which shall be processed by a computer at a precinct
such that the resulting elector data is immediately accessible to all other
computers in the precinct and is transferred to the county for inclusion in the
statewide voter registration system no later than one week after the election.
Sec. 10. [206A.03] MINIMUM CONTINGENCY AND
SECURITY PROCEDURES.
(a) The designated election official shall establish written
security procedures covering the processing and transference of elector
data. The procedures must include:
(1) security covering the transmission of elector data
processed through the electronic roster and reconciliation of the registration
and history of voters casting ballots in a precinct; and
(2) contingency procedures for network and power failure. The procedures must, at a minimum, include
procedures to address all single point failures including:
(i) network failure;
(ii) power failure that lasts less than one hour; and
(iii) power failure that lasts more than one hour.
(b) Acceptable alternatives for addressing power or system
failures include either:
(1) a paper backup of the roster with the minimum
information required to verify a voter's eligibility; or
(2) a sufficient number of computers per precinct to ensure
that the voter check-in continues in an efficient manner. The computers and all essential peripheral
devices must have the ability to function on batteries or an external power
source for up to two hours.
(c) Each computer must have an electronic backup of the
current roster in one of the following formats:
(1) a portable document file (PDF);
(2) a spreadsheet; or
(3) a database with a basic look-up interface. In addition to acceptable backup roster
procedures, the security procedures must address contingency procedures to
protect against activities such as voting twice.
Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA
ENCRYPTION.
(a) The secretary of state shall ensure that the county
connection to the statewide voter registration system is secure including
details concerning encryption methodology.
In addition, the connection must meet or exceed the standards provided
for in this section.
(b) Proven, standard algorithms must be used as the basis
for encryption technologies.
(c) If a connection utilizes a Virtual Private Network
(VPN), the following apply:
(1) it is the responsibility of the county to ensure that
unauthorized users are not allowed access to internal networks;
(2) VPN use is to be controlled using either a onetime
password authentication such as a token device or a public/private key system
with a strong passphrase;
(3) when actively connected to the network, VPNs must force
all traffic to and from the computer over the VPN tunnel and all other traffic
must be dropped;
(4) dual (split) tunneling is not permitted; only one
network connection is allowed;
(5) VPN gateways must be set up and managed by the county or
its designee;
(6) all computers connected to internal networks via VPN or
any other technology must use up-to-date antivirus software; and
(7) the VPN concentrator is limited to an absolute
connection time of 24 hours.
Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER
TRANSACTION REQUIREMENTS.
The designated election official shall ensure the electronic
roster system complies with the following response-time standards for any
computer on the system:
(1) a maximum of five seconds to update voter activity;
(2) a maximum of 1.5 seconds to process a voter inquiry by
identification number; and
(3) a maximum of 45 seconds for session startup and password
verification.
Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION
TESTING PROCEDURES.
(a) The designated election official shall test the
electronic roster application to ensure that it meets the minimum system
requirements prior to the first election in which it is used. The application must also be tested after the
implementation of any system modifications, including any change in the number
of connected computers. The county shall
indicate in the subsequent security plan whether such retesting has occurred.
(b) The test must, at a minimum, include the following:
(1) a load test must be demonstrated through either actual
computers running at proposed bandwidth and security settings, or by simulating
a load test;
(2) a contingency/failure test must be demonstrated and
documented illustrating the effects of failures identified in section 206A.03;
and
(3) all tests must be conducted with clients and servers in
normal, typical, deployed operating mode.
(c) All records and documentation of the testing must be
retained by the designated election official for a period of 36 months as part
of the election record. The testing
record and documentation must include, but is not limited to, the
following:
(1) a formal test plan containing all test scripts
used:
(i) the test plan must include test environment containing
make, model, type of hardware, and software versions used in testing; and
(ii) the test plan must also include the number of client
computers, servers, and physical locations involved in testing;
(2) test logs of all events that were observed during
testing, including:
(i) the sequence of actions necessary to set up the tests;
(ii) the actions necessary to start the tests;
(iii) the actions taken during the execution of the tests;
(iv) any measurements taken or observed during the tests;
(v) any actions necessary to stop or shut down the tests;
(vi) any actions necessary to bring the tests to a halt; and
(vii) any actions necessary or taken to deal with anomalies
experienced during testing;
(3) performance logs and reports taken from both servers and
workstations during the testing which contain performance information of:
(i) network usage (bandwidth);
(ii) processor utilization;
(iii) Random Access Memory (RAM) utilization; and
(iv) any additional performance monitoring reports necessary
to explain the process taken and to support the findings of the tests; and
(4) all test logs must contain the date, time, operator,
test status or outcome, and any additional information to assist the secretary
of state in making a determination.
Sec. 14. [206A.07]
MINIMUM NUMBER OF COMPUTERS REQUIRED FOR PRECINCTS EMPLOYING
ELECTRONIC ROSTERS.
Counties employing electronic rosters in whole or in part shall
allocate computers to affected precincts based upon the total number of
registered voters in each precinct 90 days preceding the primary election and
historical statistics regarding election day registrants. The minimum computers required shall be on
site at each precinct. Precincts
employing electronic rosters shall be allocated a minimum of two computers.
Sec. 15. [206A.08] WRITTEN PROCEDURES AND
REPORTS.
(a) Written procedures and reports required by this chapter
must be submitted by a county to the secretary of state for approval no later
than 60 days before the election. The
secretary of state shall either approve the procedures as submitted or notify
the designated election official of recommended changes.
(b) If the secretary of state rejects or approves the
written procedures, the secretary of state shall provide written notice of the
rejection or approval, including specifics of noncompliance with this chapter
within 15 days of receiving the written procedures.
(c) If the secretary of state rejects the written
procedures, the designated election official shall submit a revised procedure
within 15 days.
(d) The secretary of state shall permit the filing of the
revised procedures at a later date if it is determined that compliance with the
15-day requirement is impossible.
Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC
ROSTER IMPLEMENTATION.
Subdivision 1. Creation. The
Legislative Task Force on Electronic Roster Implementation is established to
facilitate development and implementation of electronic rosters for use in
elections, as required by this article.
Subd. 2. Duties; considerations. (a)
The task force shall:
(1) study and recommend options for systems that meet the
standards for use in a precinct as provided in Minnesota Statutes, chapter
206A;
(2) study and facilitate implementation of software updates,
add-ons, or other changes to the statewide voter registration system that may
be necessary to allow the system to support electronic rosters as required by
Minnesota Statutes, chapter 206A; and
(3) recommend to the legislature any additional changes to
law that may be necessary to implement the requirements of this article.
(b) Factors that must be considered by the task force in
carrying out its duties include, but are not limited to:
(1) ease of equipment use by election administrators,
election judges, and voters;
(2) cost-effectiveness;
(3) feasibility of available technologies within precincts;
(4) the security, integrity, and reliability of the
electronic roster system and its impact on the security, integrity, and
reliability of the election; and
(5) minimum standards for equipment and software
functionality as provided by law.
Subd. 3. Membership. The
task force consists of 16 members, as follows:
(1) the speaker of the house shall appoint one member of the
house of representatives, and one individual who served as a head election
judge affiliated with the speaker's political party at the 2010 state general
election;
(2) the minority leader of the house of representatives
shall appoint one member of the house, and one individual who served as a head
election judge affiliated with the minority leader's political party at the
2010 state general election;
(3) the majority leader of the senate shall appoint one
member of the senate, and one individual who served as a head election judge
affiliated with the majority leader's political party at the 2010 state general
election;
(4) the minority leader of the senate shall appoint one
member of the senate, and one individual who served as a head election judge
affiliated with the minority leader's political party at the 2010 state general
election;
(5) the Minnesota Association of County Auditors shall
appoint one head elections administrator from a representative county with a
large population, one head elections administrator from a representative county
with an average-sized population, and one head elections administrator from a
representative county with a small population, as defined by the association;
(6) the Minnesota Association of Townships shall appoint one
head elections administrator;
(7) the League of Minnesota Cities shall appoint one head
elections administrator;
(8) the secretary of state, or the secretary's designee;
(9) the director of information technology in the Office of
the Secretary of State; and
(10) the Chief Information Officer of the state of
Minnesota, or a designee.
Appointments required by this subdivision shall be made
within 21 days of enactment of this article.
The legislator appointed by the speaker of the house shall serve as
chair of the task force.
Subd. 4. Report to legislature. The
task force shall submit a report to the legislature on its activities and
recommendations no later than December 1, 2011.
Subd. 5. Meetings; staff. (a)
Meetings of the task force are subject to Minnesota Statutes, chapter 13D,
except that a meeting may be closed to discuss proprietary data or other data
that is protected by law.
(b) The director of the Legislative Coordinating Commission
shall convene the first meeting of the task force no later than July 1, 2011,
or within 30 days of enactment of this section, whichever is later, and shall
provide staff as necessary to support the work of the task force.
Sec. 17. EFFECTIVE DATE.
Except where otherwise provided, this article is effective
August 14, 2012, and applies to elections held on or after that date.
ARTICLE 4
RECOUNTS
Section 1. Minnesota
Statutes 2010, section 204C.38, is amended to read:
204C.38 CORRECTION
OF OBVIOUS ERRORS; WHEN CANDIDATES AGREE.
Subdivision 1. Errors of election judges. If the candidates for an office
unanimously agree in writing that the election judges in any precinct have made
an obvious error in the counting or recording of the votes for that office,
they shall deliver the agreement to the county auditor of that county who shall
reconvene the county canvassing board, if necessary, and present the agreement
to it. The county canvassing board shall
correct the error as specified in the agreement.
Subd. 2. Errors of county canvassing board. If the candidates for an office
unanimously agree in writing that the county canvassing board has made an
obvious error in the counting and recording of the vote for that office they
shall notify the county auditor who shall reconvene the canvassing board. The county canvassing board shall promptly
correct the error as specified in the agreement and file an amended
report. When an error is corrected
pursuant to this subdivision, the county canvassing board and the county
auditor shall proceed in accordance with sections 204C.32 to 204C.36 204C.33
and chapter 204E.
Subd. 3. Errors of State Canvassing Board. If the candidates for an office
unanimously agree in writing that the State Canvassing Board has made an
obvious error in the counting and recording of the vote for that office they
shall deliver the agreement to the secretary of state. If a certificate of election has not been
issued, the secretary of state shall reconvene the State Canvassing Board and
present the agreement to it. The board
shall promptly correct the error as specified in the agreement and file an
amended statement. When an error is
corrected pursuant to this subdivision by the State Canvassing Board, the State
Canvassing Board and the secretary of state shall proceed in accordance with
sections 204C.32 to 204C.36 204C.33 and chapter 204E.
Sec. 2. [204E.01] APPLICABILITY.
This chapter establishes procedures for
the conduct of all automatic and discretionary recounts provided for in law.
Sec. 3. [204E.02] RECOUNT OFFICIALS.
(a) The secretary of state or the secretary of state's
designee is the recount official for recounts conducted by the State Canvassing
Board. The county auditor or the county
auditor's designee is the recount official for recounts conducted by the county
canvassing board. The county auditor or
the county auditor's designee shall conduct recounts for county offices. The municipal clerk or the municipal clerk's
designee is the recount official for recounts
conducted by the municipal governing body. The school district clerk or the school
district clerk's designee is the recount official for recounts conducted by the
school board, or by a school district canvassing board as provided in section
205A.10, subdivision 5.
(b) A recount official may delegate the duty to conduct a
recount to a county auditor or municipal clerk by mutual consent. When the person who would otherwise serve as
recount official is a candidate or is the employee or other subordinate,
spouse, child, parent, grandparent, grandchild, stepparent, stepchild, sibling,
half-sibling, or stepsibling of a candidate for the office to be recounted, the
appropriate canvassing board shall select a county auditor or municipal clerk
from another jurisdiction to conduct the recount.
(c) As used in this chapter, "legal adviser" means
counsel to the recount official and the canvassing board for the office being
recounted.
Sec. 4. [204E.03] SCOPE OF RECOUNTS.
A recount conducted as provided in this chapter is limited
in scope to the determination of the number of votes validly cast for the
office to be recounted. Only the ballots
cast in the election and the summary statements certified by the election
judges may be considered in the recount process. Original ballots that have been duplicated
under section 206.86, subdivision 5, are not within the scope of a recount and
must not be examined except as provided by a court in an election contest under
chapter 209.
Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL
RACES.
Subdivision 1. Automatic recounts. (a)
In a state primary when the difference between the votes cast for the
candidates for nomination to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative
office, or district judicial office is:
(1) less than one-half of one percent of the total number of
votes counted for that nomination; or
(2) ten votes or less and the total number of votes cast for
the nomination is 400 votes or less,
and
the difference determines the nomination, the canvassing board with
responsibility for declaring the results for that office shall manually recount
the vote.
(b) In a state general election when the difference between
the votes of a candidate who would otherwise be declared elected to a statewide
federal office, state constitutional office, statewide judicial office,
congressional office, state legislative office, or district judicial office and
the votes of any other candidate for that office is:
(1) less than one-half of one percent of the total number of
votes counted for that office; or
(2) ten votes or less if the total number of votes cast for
the office is 400 votes or less,
the
canvassing board shall manually recount the votes.
(c) Time for notice of a contest for an office recounted
under this section begins to run upon certification of the results of the
recount by the canvassing board, or as otherwise provided in section 209.021.
(d) A losing candidate may waive a recount required by this
section by filing a written notice of waiver with the canvassing board.
Subd. 2. Discretionary candidate recount.
(a) A losing candidate whose name was on the ballot for
nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative
office, or district judicial office may request a recount in a manner provided
in this section at the candidate's own expense when the vote difference is
greater than the difference required by this section. The votes must be manually recounted as
provided in this section if the candidate files a request during the time for
filing notice of contest of the primary or election for which a recount is
sought.
(b) The requesting candidate shall file with the filing
officer a bond, cash, or surety in an amount set by the filing officer for the
payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the secretary of state or
designees and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; necessary
supplies and travel related to the recount; the compensation of the appropriate
canvassing board and costs of preparing for the canvass of recount results; and
any attorney fees incurred in connection with the recount by the governing body
responsible for the recount.
(c) The requesting candidate may provide the filing officer
with a list of up to three precincts that are to be recounted first and may waive
the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount
official must determine the expenses for those precincts in the manner provided
by paragraph (b).
(d) If the winner of the race is changed by the optional
recount, the cost of the recount must be paid by the jurisdiction conducting
the recount.
(e) If a result of the vote counting in the manual recount
is different from the result of the vote counting reported on election day by a
margin greater than the standard for acceptable performance of voting systems
provided in section 206.89, subdivision 4, the cost of the recount must be paid
by the jurisdiction conducting the recount.
Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL
DISTRICT, AND MUNICIPAL ELECTIONS.
Subdivision 1. Required recounts. (a)
Except as provided in paragraph (b), a losing candidate for nomination or
election to a county, municipal, or school district office may request a
recount of the votes cast for the nomination or election to that office if the
difference between the votes cast for that candidate and for a winning
candidate for nomination or election is less than one-half of one percent of
the total votes counted for that office.
In case of offices where two or more seats are being filled from among
all the candidates for the office, the one-half of one percent difference is
between the elected candidate with the fewest votes and the candidate with the
most votes from among the candidates who were not elected.
(b) A losing candidate for nomination or election to a
county, municipal, or school district office may request a recount of the votes
cast for nomination or election to that office if the difference between the
votes cast for that candidate and for a winning candidate for nomination or
election is ten votes or less, and the total number of votes cast for the
nomination or election of all candidates is no more than 400. In cases of offices where two or more seats
are being filled from among all the candidates for the office, the ten-vote
difference is between the elected candidate with the fewest votes and the
candidate with the most votes from among the candidates who were not elected.
(c) Candidates for county offices shall file a written
request for the recount with the county auditor. Candidates for municipal or school district
offices shall file a written request with the municipal or school district
clerk as appropriate. All requests must
be filed during the time for notice of contest of the primary or election for
which a recount is sought.
(d) Upon receipt of a request made pursuant to this section,
the county auditor shall recount the votes for a county office at the expense
of the county, the governing body of the municipality shall recount the votes
for a municipal office at the expense of the municipality, and the school board
of the school district shall recount the votes for a school district office at
the expense of the school district.
Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
or election to a county, municipal, or school district office may request a
recount in the manner provided in this section at the candidate's own expense
when the vote difference is greater than the difference required by subdivision
1. The votes must be manually recounted
as provided in this section if the requesting candidate files with the county
auditor, municipal clerk, or school district clerk a bond, cash, or surety in
an amount set by the governing body of the jurisdiction or the school board of
the school district for the payment of the recount expenses.
(b) The requesting candidate may provide the filing officer
with a list of up to three precincts that are to be recounted first and may
waive the balance of the recount after these precincts have been counted. If the candidate provides a list, the recount
official must determine the expenses for those precincts in the manner provided
by this paragraph.
(c) If the winner of the race is changed by the optional
recount, the cost of the recount must be paid by the jurisdiction conducting
the recount.
(d) If a result of the vote counting in the manual recount
is different from the result of the vote counting reported on election day by a
margin greater than the standard for acceptable performance of voting systems
provided in section 206.89, subdivision 4, the cost of the recount must be paid
by the jurisdiction conducting the recount.
Subd. 3. Discretionary ballot question recounts. A recount may be conducted for a
ballot question when the difference between the votes for and the votes against
the question is less than or equal to the difference provided in subdivision
1. A recount may be requested by any
person eligible to vote on the ballot question.
A written request for a recount must be filed with the filing officer of
the county, municipality, or school district placing the question on the ballot
and must be accompanied by a petition containing the signatures of 25 voters
eligible to vote on the question. Upon
receipt of a written request when the difference between the votes for and the
votes against the question is less than or equal to the difference provided in
subdivision 1, the county auditor shall recount the votes for a county question
at the expense of the county, the governing body of the municipality shall
recount the votes for a municipal question at the expense of the municipality,
and the school board of the school district shall recount the votes for a
school district question at the expense of the school district. If the difference between the votes for and
the votes against the question is greater than the difference provided in
subdivision 1, the person requesting the recount shall also file with the
filing officer of the county, municipality, or school district a bond, cash, or
surety in an amount set by the appropriate governing body for the payment of
recount expenses. The written request,
petition, and any bond, cash, or surety required must be filed during the time
for notice of contest for the election for which the recount is requested.
Subd. 4. Expenses. In the
case of a question, a person, or a candidate requesting a discretionary
recount, is responsible for the following expenses: the compensation of the secretary of state,
or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; necessary
supplies and travel related to the recount; the compensation of the appropriate
canvassing board and costs of preparing for the canvass of recount results; and
any attorney fees incurred in connection with the recount by the governing body
responsible for the recount.
Subd. 5. Notice of contest. Except
as otherwise provided in section 209.021, the time for notice of contest of a
nomination or election to an office which is recounted pursuant to this section
begins to run upon certification of the results of the recount by the
appropriate canvassing board or governing body.
Sec. 7. [204E.06] NOTICE.
Within 24 hours after determining that an automatic recount
is required or within 48 hours of receipt of a written request for a recount
and filing of a security deposit if one is required, the official in charge of
the recount shall send notice to the candidates for the office to be recounted
and the county auditor of each county wholly or partially within the election
district. The notice must include the
date, starting time, and location of the recount, the office to be recounted,
and the name of the official performing the recount. The notice must state that the recount is
open to the public and, in case of an automatic recount, that the losing
candidate may waive the recount.
Sec. 8. [204E.07] SECURING BALLOTS AND
MATERIALS.
(a) The official who has custody of the voted ballots is
responsible for keeping secure all election materials. Registration cards of voters who registered
on election day may be processed as required by rule. All other election materials must be kept
secure by precinct as returned by the election judges until all recounts have
been completed and until the time for contest of election has expired.
(b) Any candidate for an office to be recounted may have all
materials relating to the election, including, but not limited to, polling
place rosters, voter registration applications, accepted absentee ballot
envelopes, rejected absentee ballot envelopes, applications for absentee
ballots, precinct summary statements, printouts from voting machines, and
precinct incident logs inspected before the canvassing board may certify the
results of the recount.
Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
All recounts must be accessible to the public. In a multicounty recount the secretary of
state may locate the recount in one or more of the election jurisdictions or at
the site of the canvassing board. Each
election jurisdiction where a recount is conducted shall make available,
without charge to the recount official or body conducting the recount, adequate
accessible space and all necessary equipment and facilities.
Sec. 10. [204E.09] GENERAL PROCEDURES.
At the opening of a recount, the recount official or legal
adviser shall present the procedures contained in this section for the
recount. The custodian of the ballots
shall make available to the recount official the precinct summary statements,
the precinct boxes or the sealed containers of voted ballots, and any other
election materials requested by the recount official. If the recount official needs to leave the room
for any reason, the recount official must designate a deputy recount official
to preside during the recount official's absence. A recount official must be in the room at all
times. The containers of voted ballots must
be unsealed and resealed within public view.
No ballots or election materials may be handled by candidates, their
representatives, or members of the public.
There must be an area of the room from which the public may observe the
recount. Cell phones and video cameras
may be used in this public viewing area, as long as their use is not
disruptive. The recount official shall
arrange the counting of the ballots so that the candidates and their
representatives may observe the ballots as they are recounted. Candidates may each have one representative
observe the sorting of each precinct.
One additional representative per candidate may observe the ballots when
they have been sorted and are being counted pursuant to section 204E.10. Candidates may have additional
representatives in the public viewing area of the room. If other election materials are handled or
examined by the recount officials, the candidates and their representatives may
observe them. The recount official shall
ensure that public observation does not interfere with the counting of the
ballots. The recount official shall
prepare a summary of the recount vote by precinct.
Sec. 11. [204E.10] COUNTING AND CHALLENGING
BALLOTS.
Subdivision 1. Breaks in counting process.
Recount officials may not take a break for a meal or for the day
prior to the completion of the sorting, counting, review, and labeling of
challenges, and secure storage of the ballots for any precinct. All challenged ballots must be stored
securely during breaks in the counting process.
Subd. 2. Sorting ballots. Ballots
must be recounted by precinct. The
recount official shall open the sealed container of ballots and recount them in
accordance with section 204C.22. The
recount official must review each ballot and sort the ballots into piles based
upon the recount official's determination as to which candidate, if any, the voter intended to vote for: one pile for each candidate that is the
subject of the recount and one pile for all other ballots.
Subd. 3. Challenge. During
the sorting, a candidate or candidate's representative may challenge the ballot
if he or she disagrees with the recount official's determination of for whom
the ballot should be counted and whether there are identifying marks on the
ballot. At a recount of a ballot
question, the manner in which a ballot is counted may be challenged by the
person who requested the recount or that person's representative. Challenges may not be
automatic or frivolous and the challenger must state the
basis for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
separate piles, one for ballots challenged by each candidate. Only the canvassing board with responsibility
to certify the results of the recount has the authority to declare a challenge
to be "frivolous."
Subd. 4. Counting ballots. Once
ballots have been sorted, the recount officials must count the piles using the
stacking method described in section 204C.21.
A candidate or candidate's representative may immediately request to
have a pile of 25 counted a second time if there is not agreement as to the
number of votes in the pile.
Subd. 5. Reviewing and labeling challenged ballots. After the ballots from a precinct have
been counted, the recount official may review the challenged ballots with the
candidate or the candidate's representative.
The candidate's representative may choose to withdraw any challenges
previously made. The precinct name, the
reason for the challenge, and the name of the person challenging the ballot or
the candidate that person represents, and a sequential number must be marked on
the back of each remaining challenged ballot before it is placed in an envelope
marked "Challenged Ballots."
After the count of votes for the precinct has been determined, all
ballots except the challenged ballots must be resealed in the ballot envelopes
and returned with the other election materials to the custodian of the
ballots. The recount official may make
copies of the challenged ballots. After
the count of votes for all precincts has been determined during that day of
counting, the challenged ballot envelope must be sealed and kept secure for
presentation to the canvassing board.
Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
Subdivision 1. Certification of results.
The recount official shall present the summary statement of the recount
and any challenged ballots to the canvassing board. The candidate or candidate's representative
who made the challenge may present the basis for the challenge to the
canvassing board. The canvassing board
shall rule on the challenged ballots and incorporate the results into the
summary statement. The canvassing board
shall certify the results of the recount.
Challenged ballots must be returned to the election official who has
custody of the ballots.
Subd. 2. Tie votes. In case
of a tie vote for nomination or election to an office, the canvassing board
with the responsibility for declaring the results for that office shall
determine the tie by lot.
Sec. 13. [204E.12] SECURITY DEPOSIT.
When a bond, cash, or surety for recount expenses is required
by section 204E.04 or 204E.05, the governing body or recount official shall set
the amount of the security deposit at an amount which will cover expected
recount expenses. In multicounty
districts, the secretary of state shall set the amount taking into
consideration the expenses of the election jurisdictions in the district and
the expenses of the secretary of state.
The security deposit must be filed during the period for requesting an
administrative recount. In determining
the expenses of the recount, only the actual recount expenditures incurred by
the recount official and the election jurisdiction in conducting the recount
may be included. General office and
operating costs may not be taken into account.
Sec. 14. REVISOR'S INSTRUCTION.
Except where otherwise amended by this article, the revisor
of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B.
The revisor shall make necessary cross-reference changes consistent with
the renumbering.
Column
A |
Column B |
|
|
204C.34
|
204E.11, subdivision 2 |
204C.35
|
204E.04 |
204C.36
|
204E.05 |
Sec. 15. REPEALER.
Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36;
and 204C.361, are repealed.
Sec. 16. EFFECTIVE DATE.
This article is effective June 1, 2011, and applies to
recounts conducted on or after that date."
Delete the title and insert:
"A bill for an act relating to elections; requiring
voters to provide picture identification before receiving a ballot in most
situations; providing for the issuance of voter identification cards at no
charge; establishing a procedure for provisional balloting; creating challenged
voter eligibility list; specifying other election administration procedures;
allowing use of electronic polling place rosters; setting standards for use of
electronic polling place rosters; creating legislative task force on electronic
roster implementation; enacting procedures related to recounts; appropriating
money; amending Minnesota Statutes 2010, sections 13.69, subdivision 1;
135A.17, subdivision 2; 171.01, by adding a subdivision; 171.06, subdivisions
1, 2, 3, by adding a subdivision; 171.061, subdivisions 1, 3, 4; 171.07,
subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071; 171.11; 171.14;
200.02, by adding a subdivision; 201.021; 201.022, subdivision 1; 201.061,
subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121, subdivisions 1,
3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1, 2; 203B.06,
subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2; 204B.40;
204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, subdivisions 1, 2, 4, by
adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32; 204C.33,
subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065, subdivision
5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3;
206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1;
211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes,
chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 203B.04,
subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361."
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Transportation Policy and Finance.
The
report was adopted.
Shimanski from the Committee on Judiciary Policy and Finance to which was referred:
H. F. No. 229, A bill for an act relating to public safety; authorizing judges to prohibit certain juvenile sex offenders from residing near their victims; amending Minnesota Statutes 2010, section 260B.198, subdivision 1, by adding a subdivision.
Reported the same back with the following amendments:
Page 3, line 32, delete "2010" and insert "2011"
Page 4, delete lines 1 to 5 and insert:
"Subd. 1a. Juvenile sex offenders; residency restriction. If the court finds that the child is 15 years of age or older, is delinquent due to a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, and does not reside in the same home as the victim, in addition to other dispositions authorized under this section, the court may prohibit the child from residing within 1,000 feet or three city blocks, whichever distance is greater, from the victim for a portion or the entire period that the court has jurisdiction over the child."
Page 4, line 6, delete "2010" and insert "2011"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The
report was adopted.
Westrom from the Committee on
Civil Law to which was referred:
H. F. No. 322, A bill for an act relating to
children; establishing a presumption of joint physical custody; creating the
Children's Equal and Shared Parenting Act; requiring certain parenting plans;
amending Minnesota Statutes 2010, sections 257.541; 518.003, subdivision 3;
518.091; 518.131, subdivision 1; 518.156; 518.167, subdivision 2; 518.175,
subdivision 1; 518.18; proposing coding for new law in Minnesota Statutes,
chapter 518; repealing Minnesota Statutes 2010, section 518.17, subdivision 2.
Reported the same back with the
following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2010, section 257.541, is amended to read:
257.541 CUSTODY
AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE.
Subdivision 1. Mother's right to custody. The biological mother of a child born to
a mother who was not married to the child's father when the child was born and
was not married to the child's father when the child was conceived has sole
custody of the child until paternity has been established under sections 257.51
to 257.74, or until custody is determined in a separate proceeding under
section 518.156.
Subd. 2. Father's right to parenting time and
custody. (a) If paternity has been
acknowledged under section 257.34 and paternity has been established under
sections 257.51 to 257.74, the father's rights of parenting time or custody are
determined under sections 518.17 and 518.169 to 518.175.
(b) If paternity has not been acknowledged under section
257.34 and paternity has been established under sections 257.51 to 257.74, the
biological father may petition for rights of parenting time or custody in the
paternity proceeding or in a separate proceeding under section 518.156. The rights of parenting time or custody
must be determined under sections 518.169 to 518.175.
Subd. 3. Father's right to parenting time and
custody; recognition of paternity. If
paternity has been recognized under section 257.75, the father may petition for
rights of parenting time or custody in an independent action under section
518.156. The proceeding must be treated
as an initial determination of custody under section 518.17. The and the provisions of chapter
518 sections 518.169 to 518.175 apply with respect to the granting
of custody and parenting time. An action
to determine custody and parenting time may be commenced pursuant to chapter
518 without an adjudication of parentage.
These proceedings may not be combined with any proceeding under chapter
518B.
EFFECTIVE DATE. This section is effective for temporary orders and child
custody determinations made on or after January 1, 2012.
Sec. 2.
Minnesota Statutes 2010, section 518.003, subdivision 3, is amended to
read:
Subd. 3. Custody.
Unless otherwise agreed by the parties:
(a) "Legal custody" means the right to determine
the child's upbringing, including education, health care, and religious
training.
(b) "Joint legal custody" means that both parents
have equal rights and responsibilities, including the right to participate in
major decisions determining the child's upbringing, including education, health
care, and religious training.
(c) "Physical custody and residence" means the
routine daily care and control and the residence of the child.
(d) "Joint physical custody" means that the
routine daily care and control and the residence of the child is structured
shared between the parties.
(e) Wherever used in this chapter, the term "custodial
parent" or "custodian" means the person who has the physical
custody of the child at any particular time.
(f) "Custody determination" means a court decision
and court orders and instructions providing for the custody of a child,
including parenting time, but does not include a decision relating to child
support or any other monetary obligation of any person.
(g) "Custody proceeding" includes proceedings in
which a custody determination is one of several issues, such as an action for
dissolution, divorce, or separation, and includes proceedings involving
children who are in need of protection or services, domestic abuse, and
paternity.
EFFECTIVE DATE. This section is effective for temporary orders and child
custody determinations made on or after January 1, 2012.
Sec. 3.
Minnesota Statutes 2010, section 518.091, is amended to read:
518.091 SUMMONS;
TEMPORARY RESTRAINING PROVISIONS; NOTICE REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS; NOTICE
REGARDING CUSTODY AND PARENTING TIME.
Subdivision 1. Temporary restraining orders. (a) Every summons must include the notice
in this subdivision.
NOTICE OF
TEMPORARY RESTRAINING AND
ALTERNATIVE
DISPUTE RESOLUTION PROVISIONS
UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE
FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, UNLESS THEY ARE
MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED:
(1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR
THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR
PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING
COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING;
(2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND
(3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE
MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR BENEFICIARY DESIGNATION.
IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT
TO SANCTIONS BY THE COURT.
(4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE
ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA
LAW. ALTERNATIVE DISPUTE RESOLUTION
INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE
DISTRICT COURT RULES. YOU MAY CONTACT
THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR
ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE
TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM. IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR
THREATS OF ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE NOT
REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY THE COURT IN LATER
PROCEEDINGS.
(b) Upon service of the summons, the restraining provisions
contained in the notice apply by operation of law upon both parties until
modified by further order of the court or dismissal of the proceeding, unless
more than one year has passed since the last document was filed with the court.
Subd. 2. Parent education program requirements. Every summons involving custody or
parenting time of a minor child must include the notice in this subdivision.
NOTICE OF
PARENT EDUCATION PROGRAM REQUIREMENTS
UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED
PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, THE PARTIES
MUST BEGIN PARTICIPATION IN A PARENT EDUCATION PROGRAM THAT MEETS MINIMUM
STANDARDS PROMULGATED BY THE MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE
FIRST FILING WITH THE COURT. IN SOME
DISTRICTS, PARENTING EDUCATION MAY BE REQUIRED IN ALL CUSTODY OR PARENTING
PROCEEDINGS. YOU MAY CONTACT THE
DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL INFORMATION REGARDING THIS
REQUIREMENT AND THE AVAILABILITY OF PARENT EDUCATION PROGRAMS.
Subd. 3. Custody and parenting time requirements. Every summons must include the notice
in this subdivision.
NOTICE
OF CUSTODY AND PARENTING TIME
PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL CUSTODY
AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT PARENTING TIME, UNLESS THE PARENTS
AGREE OTHERWISE. CERTAIN EXCEPTIONS
AND OTHER PROVISIONS APPLY UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO
518.175.
EFFECTIVE DATE. This section is effective for summons issued on or after
January 1, 2012.
Sec. 4.
Minnesota Statutes 2010, section 518.131, subdivision 1, is amended to
read:
Subdivision 1. Permissible orders. In a proceeding brought for custody,
dissolution, or legal separation, or for disposition of property, maintenance,
or child support following the dissolution of a marriage, either party may, by
motion, request from the court and the court may grant a temporary order
pending the final disposition of the proceeding to or for:
(a) Temporary custody and parenting time pursuant to
sections 518.169 to 518.175, regarding the minor children of the parties;
(b) Temporary maintenance of either spouse;
(c) Temporary child support for the children of the parties;
(d) Temporary costs and reasonable attorney fees;
(e) Award the temporary use and possession, exclusive or
otherwise, of the family home, furniture, household goods, automobiles, and
other property of the parties;
(f) Restrain one or both parties from transferring,
encumbering, concealing, or disposing of property except in the usual course of
business or for the necessities of life, and to account to the court for all
such transfers, encumbrances, dispositions, and expenditures made after the
order is served or communicated to the party restrained in open court;
(g) Restrain one or both parties from harassing, vilifying,
mistreating, molesting, disturbing the peace, or restraining the liberty of the
other party or the children of the parties;
(h) Restrain one or both parties from removing any minor
child of the parties from the jurisdiction of the court;
(i) Exclude a party from the family home of the parties or
from the home of the other party; and
(j) Require one or both of the parties to perform or to not
perform such additional acts as will facilitate the just and speedy disposition of the proceeding, or will
protect the parties or their children from physical or emotional harm.
EFFECTIVE DATE. This section is effective for temporary orders issued on or
after January 1, 2012.
Sec. 5.
Minnesota Statutes 2010, section 518.131, subdivision 7, is amended to
read:
Subd. 7. Guiding factors. The court shall be guided by the factors
set forth in chapter 518A (concerning child support), and sections 518.552
(concerning maintenance), 518.17 518.169 to 518.175 (concerning
custody and parenting time), and 518.14 (concerning costs and attorney fees) in
making temporary orders and restraining orders.
EFFECTIVE DATE. This section is effective January 1, 2012.
Sec. 6.
Minnesota Statutes 2010, section 518.155, is amended to read:
518.155 CUSTODY
DETERMINATIONS.
Notwithstanding any law to the contrary, a court in which a
proceeding for dissolution, legal separation, or child custody has been
commenced shall not issue, revise, modify or amend any order, pursuant to
sections 518.131, 518.165, 518.168, 518.169, 518.17, 518.175 or 518.18,
which affects the custody of a minor child or the parenting time of a parent
unless the court has jurisdiction over the matter pursuant to the provisions of
chapter 518D.
EFFECTIVE DATE. This section is effective January 1, 2012.
Sec. 7.
Minnesota Statutes 2010, section 518.156, is amended to read:
518.156
COMMENCEMENT OF CUSTODY PROCEEDING.
Subdivision 1. Procedure.
In a court of this state which has with jurisdiction
to decide child custody matters, a child custody proceeding is commenced by a
parent:
(1) by filing a petition for dissolution or legal
separation; or
(2) where a decree of dissolution or legal separation has
been entered or where none is sought, or when paternity has been recognized
under section 257.75, by filing a petition or motion seeking custody or
parenting time with the child in the county where the child is permanently
resident or, where the child is found, or where an earlier
order for custody of the child has been entered.
Subd. 2. Required notice. (a) Written notice of a child
custody or parenting time or visitation proceeding shall be given to the
child's parent, guardian, and custodian, who may appear and be heard and may
file a responsive pleading. The court may,
upon a showing of good cause, permit the intervention of other interested
parties.
(b) Every notice must include the following notice of
custody and parenting time requirements.
NOTICE
OF CUSTODY AND PARENTING TIME
PARENTS ARE ENTITLED TO A PRESUMPTION OF JOINT LEGAL CUSTODY
AND JOINT PHYSICAL CUSTODY WITH EQUAL SHARED PARENTING. THIS MEANS THAT EACH PARENT HAS AT LEAST 45.1 PERCENT PARENTING TIME, UNLESS THE PARENTS
AGREE OTHERWISE. CERTAIN EXCEPTIONS
AND OTHER PROVISIONS APPLY UNDER MINNESOTA STATUTES, SECTIONS 518.169 TO
518.175.
EFFECTIVE DATE. This section is effective for all notices issued on or after
January 1, 2012.
Sec. 8.
Minnesota Statutes 2010, section 518.167, subdivision 2, is amended to
read:
Subd. 2. Preparation. (a) In preparing a report concerning a
child, the investigator may consult any person who may have information about
the child and the potential custodial arrangements except for persons involved
in mediation efforts between the parties.
Mediation personnel may disclose to investigators and evaluators
information collected during mediation only if agreed to in writing by all
parties. Upon order of the court, the
investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain
information from medical, psychiatric, school personnel, or other expert
persons who have served the child in the past after obtaining the consent of
the parents or the child's custodian or guardian.
(b) The report submitted by the investigator must consider
and evaluate the factors in section 518.17, subdivision 1 518.169,
subdivision 3, and include a detailed analysis of all information
considered for each factor., provided that if joint physical
custody is contemplated or sought not requested by either party,
the report must consider and evaluate the factors in section 518.17,
subdivision 2, 518.17, subdivision 1.
The report must state the position of each party and the
investigator's recommendation and the reason for the recommendation, and
reference established means for dispute resolution between the parties.
EFFECTIVE DATE. This section is effective for all investigations ordered on
or after January 1, 2012.
Sec. 9. [518.169] JOINT CUSTODY AND EQUAL SHARED
PARENTING.
Subdivision 1. Public policy. (a)
Recognizing the importance of protections afforded children by their ability to
develop strong parental bonds, and recognizing the fundamental right and
liberty interest that parents enjoy regarding the care, custody, and
companionship of their children, the legislature finds and declares the
following with respect to the intent of Minnesota laws relating to
families:
(1) an intact, involved two-parent home provides the optimal
environment through which children grow into productive and responsible adult
citizens;
(2) parents play the primary role in the nurturing and
development of their children. Our
society, state, and statutes are secondary structures designed to support, not
supplant, both parents in their role as the primary shapers of their children;
(3) mothers and fathers provide unique and invaluable
contributions toward the development of their children. Each parent's contributions to the upbringing
of their children are indistinguishable and equally necessary to assure
children the best opportunity to develop into healthy citizens;
(4) children should be separated from their parents only
under the most compelling and unusual circumstances in order to protect a child
from endangerment;
(5) it is in the best interests of children to have frequent
and continuing physical contact with both parents under joint legal and joint
physical custody when the parents live separately, including after parental
separation or dissolution of marriage.
The proper role of the state is to interfere to the least degree in familial
relationships with the specific purpose of preserving maximum time allocations
with each parent and their children;
(6) parents may, and should be encouraged to, reach any
agreement mutually acceptable to them regarding their parenting time allocations
that reflects the individual circumstances of the parents and children. In the event parents cannot reach agreement
on a parenting arrangement, it is the specific intent of Minnesota law that
parents have a right to a rebuttable presumption of equal time with their
children; and
(7) the judiciary in contested custody proceedings should
demonstrate consistent application of the rebuttable presumption in favor of
joint legal and joint physical custody in order to minimize the adversarial
nature of custody proceedings.
(b) The purpose of this section is to prevent children from
being alienated or disenfranchised from their parents' lives through the
unwarranted interference of either parent.
(c) This section establishes clear legislative policy regarding
the relationship of children with each parent when the parents live separately.
(d) In accordance with the findings in paragraph (a), the
legislature declares that public policy is advanced and the best interests of
children are promoted through equal and shared parenting and the recognition of
both parents' fundamental freedoms to actively participate in the care,
custody, and companionship of their children.
Subd. 2. Presumption of joint legal and physical custody and shared
parenting. This subdivision
applies to temporary and final orders in marriage dissolution or parentage
cases. Upon request of either or both
parties, the court shall use a rebuttable presumption that joint legal custody
and joint physical custody, with equal shared parenting, is in the best
interests of the child. For purposes of
this subdivision, "equal" means a minimum parenting time for each
parent of 45.1 percent. The percentage of
parenting time may be determined by calculating the number of overnights that a
child spends with a parent or by using a method other than overnights if the
parent has significant time periods on
separate days when the child is in the parent's physical custody but does not
stay overnight. The parenting
time must be spread throughout one calendar year in a way that best meets
variable circumstances for the parties, unless both parents agree to a
different division of time or schedule.
Subd. 3. Overcoming presumption. If
the parents are unable to reach an agreement on joint legal and joint physical
custody and equal shared parenting, the burden of overcoming the presumption of
joint legal custody, joint physical custody, and equal shared parenting rests
on the parent challenging the presumption.
To overcome the presumption, the court must find that the parent
challenging the presumption has established by clear and convincing evidence
that:
(1) the other parent's actions rise to the level of
endangering the child due to any of the following:
(i) abandonment under section 260C.007, subdivision 6,
clause (1), 260C.301, subdivision 2, or 518.1705, subdivision 6, paragraph (b),
clause (3);
(ii) physical or sexual abuse under section 260C.007,
subdivision 6, clause (2);
(iii) neglect under section 260C.007, subdivision 6, clause
(3) or (8);
(iv) allowing the child to live in
injurious or dangerous conditions under section 260C.007, subdivision 6, clause
(9);
(v) egregious harm under section 260C.007, subdivision 14;
(vi) emotional maltreatment under section 260C.007,
subdivision 15;
(vii) great bodily harm under section 609.02, subdivision 7;
(viii) conviction of child abuse as defined in section
609.185, clause (b);
(ix) child maltreatment under section 626.556, subdivision
2, clauses (c) to (g); or
(x) domestic abuse as defined in section 518B.01, except
when:
(A) a parent has petitioned for an order for protection and
the petition has been dismissed or denied by a court, or an order for
protection was filed by agreement of the parties without a finding of domestic
abuse and the agreement and order incorporating the agreement did not provide
otherwise, in which case the court must find that no domestic abuse has
occurred with respect to matters that were alleged or could have been alleged;
or
(B) a parent knowingly makes false allegations of domestic
abuse as defined in section 518B.01, subdivision 2. Making a false allegation of abuse is
sufficient grounds to challenge the custody and parenting time of the accuser. Allegations raised in the context of custody
proceedings that do not display evidence of a previous pattern of abuse deserve
heightened scrutiny as to their veracity; or
(2) the other parent is incapable of self-management or
management of personal affairs and would jeopardize the safety of the children
due to current habitual and excessive use of alcohol, drugs, or other
mind-altering substances and the related actions due to the substance abuse
demonstrate endangerment to the well-being of the child.
Subd. 4. Consideration of geographic limitations. This subdivision applies when the
presumption has not been overcome, but due to the parents' different geographic
locations, a 45.1 percent minimum parenting time for each parent would prevent
the parents from keeping the child in one school during a school year. During the pendency of the custody
proceeding, the child shall remain in the same school district which the child
currently attends or most recently attended, unless the parents agree
otherwise, or except in cases under section 518B.01 where the parent or child
involved in the proceeding is endangered.
If the parents do not agree otherwise, the court shall determine which
parent has the majority of parenting time using the best interests of the child
factors under section 518.17, subdivision 1, provided that a minimum of 25
percent parenting time must be granted to the other parent, making every
attempt to exceed this amount and maximize the parental involvement of each
parent.
Subd. 5. Findings and order. (a)
If the court finds the presumption has been overcome, the court shall make
detailed written findings that enumerate and explain which of the factors in
this subdivision are applicable and what evidence supported these factors. The court shall restrict physical custody and
parenting time with the other parent as to time, place, duration, or
supervision and may deny parenting time entirely, as the circumstances warrant.
(b) If the court finds the presumption was not overcome, the
court shall issue a custody order or parenting plan with a minimum 45.1 percent
parenting time for each parent, or a different division of time agreed to by
the parents, or as provided under subdivision 4, if applicable.
EFFECTIVE DATE. This section is effective for temporary orders and child
custody determinations made on or after January 1, 2012.
Sec. 10.
Minnesota Statutes 2010, section 518.17, subdivision 1, is amended to
read:
Subdivision 1. The best interests of the child. (a) Subject to section 518.169,
"the best interests of the child" means all relevant factors to be
considered and evaluated by the court including:
(1) the wishes of the child's parent or parents as to
custody;
(2) the reasonable preference of the child, if the court
deems the child to be of sufficient age to express preference;
(3) the child's primary caretaker;
(4) the intimacy of the relationship between each parent and
the child;
(5) the interaction and interrelationship of the child with
a parent or parents, siblings, and any other person who may significantly
affect the child's best interests;
(6) the child's adjustment to home, school, and community;
(7) the length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining continuity;
(8) the permanence, as a family unit, of the existing or
proposed custodial home;
(9) the mental and physical health of all individuals
involved; except that a disability, as defined in section 363A.03, of a
proposed custodian or the child shall not be determinative of the custody of
the child, unless the proposed custodial arrangement is not in the best
interest of the child;
(10) the capacity and disposition of the parties to give the
child love, affection, and guidance, and to continue educating and raising the
child in the child's culture and religion or creed, if any;
(11) the child's cultural background;
(12) the effect on the child of the actions of an abuser, if
related to domestic abuse, as defined in section 518B.01, that has occurred between
the parents or between a parent and another individual, whether or not the individual alleged to have committed domestic
abuse is or ever was a family or household member of the parent; and
(13) except in cases in which a finding of domestic abuse as
defined in section 518B.01 has been made, the disposition
of each parent to encourage and permit frequent and continuing contact by the
other parent with the child.
The court may not use one factor to the exclusion of all
others. The primary caretaker factor may
not be used as a presumption in determining the best interests of the
child. The court must make detailed findings
on each of the factors and explain how the factors led to its conclusions and
to the determination of the best interests of the child.
(b) The court shall not consider conduct of a proposed
custodian that does not affect the custodian's relationship to the child.
Sec. 11.
Minnesota Statutes 2010, section 518.17, subdivision 3, is amended to
read:
Subd. 3. Custody order. (a) Subject to section 518.169,
upon adjudging the nullity of a marriage, or in a dissolution or separation
proceeding, or in a child custody proceeding, the court shall make such further
order as it deems just and proper concerning:
(1) the legal custody of the minor children of the parties
which shall be sole or joint;
(2) their physical custody and residence; and
(3) their support. In
determining custody, the court shall consider use section 518.169 or,
if section 518.169 is not applicable, use the best interests of each
the child factors under subdivision 1 and shall not prefer one
parent over the other solely on the basis of the sex of the parent. If neither party requests joint legal and
joint physical custody under section 518.169 but either or both parties request
joint legal custody, the court shall use a rebuttable presumption that joint
legal custody is in the best interests of the child.
(b) The court shall grant the following rights to each of
the parties, unless specific findings are made under section 518.68,
subdivision 1. Each party has the right
of access to, and to receive copies of, school, medical, dental, religious
training, and other important records and information about the minor
children. Each party has the right of
access to information regarding health or dental insurance available to the
minor children. Each party shall keep
the other party informed as to the name and address of the school of attendance
of the minor children. Each party has
the right to be informed by school officials about the children's welfare,
educational progress and status, and to attend school and parent-teacher
conferences. The school is not required
to hold a separate conference for each party.
In case of an accident or serious illness of a minor child, each party
shall notify the other party of the accident or illness, and the name of the
health care provider and the place of treatment. Each party has the right to reasonable access
and telephone contact with the minor children.
The court may waive any of the rights under this section if it finds it
is necessary to protect the welfare of a party or child.
Sec. 12.
Minnesota Statutes 2010, section 518.1705, subdivision 3, is amended to
read:
Subd. 3. Creating parenting plan; restrictions on
creation; alternative. (a) Upon the
request of both parents, a parenting plan must be created in lieu of an order
for child custody and parenting time unless the court makes detailed findings
that the proposed plan is not in the best interests of the child.
(b) If both parents do not agree to a parenting plan, the
court may create one on its own motion, except that the court must not do so if
it finds that a parent has committed domestic abuse against a parent or child
who is a party to, or subject of, the matter before the court. If the court creates a parenting plan on its
own motion, it must not use alternative terminology unless the terminology is
agreed to by the parties.
(c) If an existing order does not contain a parenting plan,
the parents must not be required to create a parenting plan as part of a
modification order under section 518A.39.
(d) A parenting plan must not be required during an action
under section 256.87.
(e) If the parents do not agree to a parenting plan and the
court does not create one on its own motion, orders for custody and parenting
time must be entered under sections 518.17 and 518.169 to 518.175
or section 257.541, as applicable.
Sec. 13. Minnesota
Statutes 2010, section 518.1705, subdivision 5, is amended to read:
Subd. 5. Role of court. If both parents agree to the use of a
parenting plan but are unable to agree on all terms, the court may create a
parenting plan under this section. If the
court is considering a parenting plan, it may require each parent to submit a
proposed parenting plan at any time before entry of the final judgment and
decree. If parents seek the court's
assistance in deciding the schedule for each parent's time with the child or
designation of decision-making responsibilities regarding the child, the court
may order an evaluation and should consider the appointment of a guardian ad
litem. Parenting plans, whether entered
on the court's own motion, following a contested hearing, or reviewed by the
court pursuant to a stipulation, must be based on the best interests factors
in section 518.169, 518.17, or 257.025, as applicable.
Sec. 14.
Minnesota Statutes 2010, section 518.1705, subdivision 9, is amended to
read:
Subd. 9. Modification of parenting plans. (a) Parents may modify the schedule of
the time each parent spends with the child or the decision-making provisions of
a parenting plan by agreement. To be
enforceable, modifications must be confirmed by court order. A motion to modify decision-making provisions
or the time each parent spends with the child may be made only within the time
limits provided by section 518.18.
(b) The parties may agree, but the court must not require
them, to apply the best interests standard in section 518.17 or 257.025, as
applicable, or another standard, for deciding a motion for modification
that would change the child's primary residence or the physical custodial
arrangement for the child, provided that:
(1) both parties were represented by counsel when the
parenting plan was approved; or
(2) the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its implications.
(c) If the parties do not agree to
apply the best interests standard or another standard, section 518.18,
paragraph (d),
applies.
Sec. 15.
Minnesota Statutes 2010, section 518.175, subdivision 1, is amended to
read:
Subdivision 1. General.
(a) In all proceedings for dissolution or legal separation, Subject
to section 518.169, subsequent to the commencement of the a
custody proceeding and continuing thereafter during the minority of the
child, the court shall, upon the request of either parent, grant such parenting
time on behalf of the child and a parent who does not have temporary or
permanent sole or joint physical custody of the child as will enable the
child and the parent to maintain a child to parent relationship that will be in
the best interests of the child.
(b)
If the court finds, after a hearing, that parenting time with a parent is
likely to endanger the child's physical or emotional health or impair the
child's emotional development, the court shall restrict parenting time with
that parent as to time, place, duration, or supervision and may deny parenting
time entirely, as the circumstances warrant.
The court shall consider the age of the child and the child's
relationship with the parent prior to the commencement of the proceeding.
(c)
A parent's failure to pay support because of the parent's inability to do so
shall not be sufficient cause for denial of parenting time.
(b)
(d) The court may provide that a law enforcement officer or other
appropriate person will accompany a party seeking to enforce or comply with
parenting time.
(c)
(e) Upon request of either party, to the extent practicable an order for
parenting time must include a specific schedule for parenting time, including
the frequency and duration of visitation and visitation during holidays and
vacations, unless parenting time is restricted, denied, or reserved.
(d)
(f) The court administrator shall provide a form for a pro se motion
regarding parenting time disputes, which includes provisions for indicating the
relief requested, an affidavit in which the party may state the facts of the
dispute, and a brief description of the parenting time expeditor process under
section 518.1751. The form may not
include a request for a change of custody.
The court shall provide instructions on serving and filing the motion.
(e) In the absence of other evidence, there is a rebuttable
presumption that a parent is entitled to receive at least 25 percent of the
parenting time for the child. For
purposes of this paragraph, the percentage of parenting time may be determined
by calculating the number of overnights that a child spends with a parent or by
using a method other than overnights if the parent has significant time periods
on separate days when the child is in the parent's physical custody but does not stay
overnight. The court may consider the
age of the child in determining whether a child is with a parent for a
significant period of time.
EFFECTIVE DATE. This section is effective for child
custody determinations made on or after January 1, 2012.
Sec. 16.
Minnesota Statutes 2010, section 518.179, subdivision 1, is amended to
read:
Subdivision 1. Seeking custody or parenting time. Notwithstanding any contrary provision in
section 518.169, 518.17, or 518.175, if a person seeking child
custody or parenting time has been convicted of a crime described in
subdivision 2, the person seeking custody or parenting time has the burden to
prove that custody or parenting time by that person is in the best interests of
the child if:
(1) the conviction occurred within the preceding five years;
(2) the person is currently incarcerated, on probation, or
under supervised release for the offense; or
(3) the victim of the crime was a family or household member
as defined in section 518B.01, subdivision 2.
If this section applies, the court may not grant custody or
parenting time to the person unless it finds that the custody or parenting time
is in the best interests of the child.
If the victim of the crime was a family or household member, the
standard of proof is clear and convincing evidence. A guardian ad litem must be appointed in any
case where this section applies.
Sec. 17.
Minnesota Statutes 2010, section 518.18, is amended to read:
518.18
MODIFICATION OF ORDER.
(a) Unless agreed to in writing by the parties, no motion to
modify a custody order or parenting plan may be made earlier than one year
after the date of the entry of a decree of dissolution or legal separation
containing a provision dealing with custody, except in accordance with
paragraph (c).
(b) If a motion for modification has been heard, whether or
not it was granted, unless agreed to in writing by the parties no subsequent
motion may be filed within two years after disposition of the prior motion on
its merits, except in accordance with paragraph (c).
(c) The time limitations prescribed in paragraphs (a) and
(b) shall not prohibit a motion to modify a custody order or parenting plan if
the court finds that there is persistent and willful denial or interference
with parenting time, or has reason to believe that the child's present
environment may endanger the child's physical or emotional health or impair the
child's emotional development.
(d) If the court has jurisdiction to determine child custody
matters, the court shall not modify a prior custody order or a parenting plan
provision which specifies the child's primary residence or the physical
custodial arrangement for the child unless it finds, upon the basis of
facts, including unwarranted denial of, or interference with, a duly
established parenting time schedule, that have arisen since the prior order or
that were unknown to the court at the time of the prior order, that a change
has occurred in the circumstances of the child or the parties and that the modification
is necessary to serve the best interests of the child, consistent with
sections 518.169 to 518.175. In
applying these standards, the court shall retain the custody arrangement
or the parenting plan provision specifying the child's primary residence or
the physical custodial arrangement for the child that was established by
the prior order unless:
(i) the court finds that a change in the custody arrangement
or primary residence is in the best interests of the child and the parties
consistent with a standard previously agreed to by the parties,
in a writing approved by a court, to apply the best interests standard in
section 518.17 or 257.025, as applicable; and, with respect to agreements
approved by a court on or after April 28, 2000, both parties were represented
by counsel when the agreement was approved or the court found the parties were
fully informed, the agreement was voluntary, and the parties were aware of its
implications;
(ii) both parties agree to the modification;
(iii) the child has been integrated into the family of the
petitioner with the consent of the other party;
(iv) the child's present environment endangers the child's
physical or emotional health or impairs the child's emotional development and
the harm likely to be caused by a change of environment is outweighed by the
advantage of a change to the child; or
(v) the court has denied a request of the primary
custodial a parent with sole or joint physical custody of the
child to move the residence of the child to another state, and the primary
custodial parent has relocated to another state despite the court's order.
In addition, a court may modify a custody order or parenting
plan under section 631.52.
(e) In deciding whether to modify a prior joint custody
order, the court shall apply the standards set forth in paragraph (d)
unless: (1) the parties agree in writing
to the application of a different standard, or (2) the party seeking the
modification is asking the court for permission to move the residence of the
child to another state.
(f) If a parent has been granted sole physical custody of a
minor and the child subsequently lives with the other parent, and temporary
sole physical custody has been approved by the court or by a court-appointed
referee, the court may suspend the obligor's child support obligation pending
the final custody determination. The
court's order denying the suspension of child support must include a written
explanation of the reasons why continuation of the child support obligation
would be in the best interests of the child.
(g) There must be no modification of an existing custody
order based on the joint physical custody provisions of section 518.169 until
July 1, 2013, unless the child's environment presently endangers the child's
physical or emotional health or impairs the child's emotional development.
EFFECTIVE DATE. This section is effective January 1, 2012.
Sec. 18. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the headnote for
Minnesota Statutes, section 518.175, to read "OTHER PARENTING TIME PROVISIONS."
Sec. 19. REPEALER.
Minnesota Statutes 2010, section 518.17, subdivision 2, is
repealed.
EFFECTIVE DATE. This section is effective January 1, 2012."
Delete the title and insert:
"A bill for an act relating to family law; changing
certain custody and parenting time provisions; amending Minnesota Statutes
2010, sections 257.541; 518.003, subdivision 3; 518.091; 518.131, subdivisions
1, 7; 518.155; 518.156; 518.167, subdivision 2; 518.17, subdivisions 1, 3; 518.1705,
subdivisions 3, 5, 9; 518.175, subdivision 1; 518.179, subdivision 1; 518.18;
proposing coding for new law in Minnesota Statutes, chapter 518; repealing
Minnesota Statutes 2010, section 518.17, subdivision 2."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Westrom from the Committee on
Civil Law to which was referred:
H. F. No. 447, A bill for an act relating to
vulnerable adults; modifying provisions governing investigations, reviews, and
hearings; making the crime of criminal abuse of a vulnerable adult a
registrable offense under the predatory offender registration law; changing
terminology; increasing the criminal penalty for assaulting a vulnerable adult; providing criminal penalties;
amending Minnesota Statutes 2010, sections 144.7065, subdivision 10;
243.166, subdivision 1b; 256.021; 256.045, subdivision 4; 518.165, subdivision
5; 524.5-118, subdivision 2; 609.2231, by adding a subdivision; 609.224,
subdivision 2; 626.557, subdivisions 9, 9a, 9c, 9d, 12b, by adding a
subdivision; 626.5571, subdivision 1; 626.5572, subdivision 13.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 467, A bill for an act relating to public safety; directing the commissioner of corrections to implement a gardening program at state correctional facilities; proposing coding for new law in Minnesota Statutes, chapter 241.
Reported the same back with the following amendments:
Page 1, after line 23, insert:
"EFFECTIVE DATE. This section is effective January 1, 2012."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Agriculture and Rural Development Policy and Finance.
The
report was adopted.
Cornish from the Committee on
Public Safety and Crime Prevention Policy and Finance to which was
referred:
H. F. No. 537, A bill for an act relating to
traffic regulations; providing that speed in excess of ten miles per hour over
speed limit of 60 miles per hour does not go on driver's driving record;
amending Minnesota Statutes 2010, section 171.12, subdivision 6.
Reported the same back with the
following amendments:
Page 1, after line 5, insert:
"Section 1.
Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to
read:
Subd. 1b. Speed.
The uniform traffic ticket must provide a blank or space wherein an
officer who issues a citation for a violation of a speed limit of 55 or 60
miles per hour must specify whether the speed was greater than ten miles per
hour in excess of a 55 miles per hour speed limit, or more than five miles
per hour in excess of a 60 miles per hour the speed limit."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Erickson from the Committee on
Education Reform to which was referred:
H. F. No. 575, A bill for an act relating to
education; clarifying requirements governing probationary teacher and principal
status; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 5, 11,
by adding a subdivision; 122A.41, subdivisions 2, 5a.
Reported the same back with the
following amendments:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2010, section 122A.40, subdivision 5, is amended to
read:
Subd. 5. Probationary period. (a) The first three consecutive years of
a teacher's first teaching experience in Minnesota in a single district is
deemed to be a probationary period of employment, and after completion
thereof, the probationary period in each district in which the teacher is
thereafter employed also shall be one year three consecutive years
of teaching experience except that for purposes of this provision, the
probationary period for principals and assistant principals shall be two
consecutive years. The school board
must adopt a plan for written evaluation of teachers during the probationary
period. Evaluation must occur at least
three times periodically throughout each school year for a
teacher performing services on 120 or more school days, at least two times
each year for a teacher performing services on 60 to 119 school days, and at
least one time each year for a teacher performing services on fewer than 60
school days during that school year.
Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent
from school must not be included in determining the number of school days on
which a teacher performs services.
Except as otherwise provided in paragraph (b), during the probationary
period any annual contract with any teacher may or may not be renewed as the
school board shall see fit. However, the
board must give any such teacher whose contract it declines to renew for the
following school year written notice to that effect before July June
1. If the teacher requests reasons for
any nonrenewal of a teaching contract, the board must give the teacher its
reason in writing, including a statement that appropriate supervision was
furnished describing the nature and the extent of such supervision furnished
the teacher during the employment by the board, within ten days after receiving
such request. The school board may,
after a hearing held upon due notice, discharge a teacher during the
probationary period for cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective
immediately, upon receipt of notice under section 122A.20, subdivision 1,
paragraph (b), that the teacher's license has been revoked due to a conviction
for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of
consecutive employment in a district are interrupted for active military
service and who promptly resumes teaching consistent with federal reemployment
timelines for uniformed service personnel under United States Code, title 38,
section 4312(e), is considered to have a consecutive teaching experience for
purposes of paragraph (a).
(d) A probationary teacher must complete at least 60 120
days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a
teacher is absent from school do not count as days of teaching service under
this paragraph.
EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all
probationary teacher employment contracts ratified or modified after that date.
Sec. 2.
Minnesota Statutes 2010, section 122A.40, is amended by adding a
subdivision to read:
Subd. 8a. Probationary period for principals hired internally. A probationary period of two school
years is required for a licensed teacher employed by the board who is
subsequently employed by the board as a licensed school principal or assistant
principal and an additional probationary period of two years is required for a
licensed assistant principal employed by the board who is subsequently employed
by the board as a licensed principal. A
licensed teacher subsequently employed by the board as a licensed school
principal or assistant principal retains the teacher's continuing contract
status as a licensed teacher during the probationary period under this
subdivision and has the right to return to his or her previous position or an
equivalent position, if available, if the teacher is not promoted.
EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all
contracts for internally hired licensed school principals and assistant
principals ratified or modified after that date.
Sec. 3.
Minnesota Statutes 2010, section 122A.40, subdivision 11, is amended to
read:
Subd. 11. Unrequested leave of absence. (a) The board may place on
unrequested leave of absence, without pay or fringe benefits, as many teachers
as may be necessary because of discontinuance of position, lack of pupils,
financial limitations, or merger of classes caused by consolidation of
districts. The unrequested leave is
effective at the close of the school year.
In placing teachers on unrequested leave, the board may exempt from
the effects of paragraphs (b) to (g) those teachers who teach in a Montessori
or a language immersion program, provide instruction in an advanced placement
course, or hold a kindergarten through grade 12 instrumental vocal classroom
music license and currently serve as a choir, band or orchestra director and
who, in the superintendent's judgment, meet a unique need in delivering
curriculum. However, within the
Montessori or language immersion program, a teacher must be placed on
unrequested leave of absence consistent with paragraph (c). The board is governed by the following
provisions: of paragraphs (b) to (g), consistent with this paragraph.
(a)
(b) The board may place probationary teachers on unrequested leave first
in the inverse order of their employment.
A teacher who has acquired continuing contract rights must not be placed
on unrequested leave of absence while probationary teachers are retained in
positions for which the teacher who has acquired continuing contract rights is
licensed;.
(b)
(c) Teachers who have acquired continuing contract rights shall be placed
on unrequested leave of absence in fields in which they are licensed in the
inverse order in which they were employed by the school district. In the case of equal seniority, the order in
which teachers who have acquired continuing contract rights shall be placed on
unrequested leave of absence in fields in which they are licensed is negotiable;.
(c)
(d) Notwithstanding the provisions of clause (b) paragraph (c),
a teacher is not entitled to exercise any seniority when that exercise results
in that teacher being retained by the district in a field for which the teacher
holds only a provisional license, as defined by the board of teaching, unless
that exercise of seniority results in the placement on unrequested leave of
absence of another teacher who also holds a provisional license in the same
field. The provisions of this clause do
not apply to vocational education licenses;.
(d)
(e) Notwithstanding clauses (a), (b) and (c) paragraphs (b),
(c), and (d), if the placing of a probationary teacher on unrequested leave
before a teacher who has acquired continuing rights, the placing of a teacher
who has acquired continuing contract rights on unrequested leave before another
teacher who has acquired continuing contract rights but who has greater seniority,
or the restriction imposed by the provisions of clause (c) paragraph
(d) would place the district in violation of its affirmative action
program, the district may retain the probationary teacher, the teacher with
less seniority, or the provisionally licensed teacher;.
(e)
(f) Teachers placed on unrequested leave of absence must be reinstated
to the positions from which they have been given leaves of absence or, if not
available, to other available positions in the school district in fields in
which they are licensed. Reinstatement
must be in the inverse order of placement on leave of absence. A teacher must not be reinstated to a
position in a field in which the teacher holds only a provisional license,
other than a vocational education license, while another teacher who holds a
nonprovisional license in the same field remains on unrequested leave. The order of reinstatement of teachers who
have equal seniority and who are placed on unrequested leave in the same school
year is negotiable;.
(f)
(g) Appointment of a new teacher must not be made while there is
available, on unrequested leave, a teacher who is properly licensed to fill
such vacancy, unless the teacher fails to advise the school board within 30
days of the date of notification that a position is available to that teacher
who may return to employment and assume the duties of the position to which
appointed on a future date determined by the board;.
(g)
(h) A teacher placed on unrequested leave of absence may engage in
teaching or any other occupation during the period of this leave;.
(h)
(i) The unrequested leave of absence must not impair the continuing
contract rights of a teacher or result in a loss of credit for previous years
of service;.
(i)
(j) The unrequested leave of absence of a teacher who is placed on
unrequested leave of absence and who is not reinstated shall continue for a
period of five years, after which the right to reinstatement shall
terminate. The teacher's right to
reinstatement shall also terminate if the teacher fails to file with the board
by April 1 of any year a written statement requesting reinstatement;.
(j)
(k) The same provisions applicable to terminations of probationary or
continuing contracts in subdivisions 5 and 7 must apply to placement on
unrequested leave of absence;.
(k)
(l) Nothing in this subdivision shall be construed to impair the rights
of teachers placed on unrequested leave of absence to receive unemployment
benefits if otherwise eligible.
EFFECTIVE DATE. This section is effective June 30, 2011, and applies to all
collective bargaining agreements ratified or modified after that date.
Sec. 4.
Minnesota Statutes 2010, section 122A.41, subdivision 1, is amended to
read:
Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
indicates that a different meaning is intended, the following words, terms, and
phrases, for the purposes of the following subdivisions in this section shall
be defined as follows:
(a) Teachers. The term "teacher" includes
every person regularly employed, as a principal, or to give instruction in a
classroom, or to superintend or supervise classroom instruction, or as
placement teacher and visiting teacher.
Persons regularly employed as counselors and school librarians shall be
covered by these sections as teachers if licensed as teachers or as school
librarians.
(b) School
board. The term "school
board" includes a majority in membership of any and all boards or official
bodies having the care, management, or control over public schools.
(c) Demote. The word "demote" means to
reduce in rank or to transfer to a lower branch of the service or to a
position carrying a lower salary or the compensation a person
actually receives in the new position.
(d) Nonprovisional
license. For purposes of this
section, "nonprovisional license" shall mean an entrance, continuing,
or life license.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 5.
Minnesota Statutes 2010, section 122A.41, subdivision 2, is amended to
read:
Subd. 2. Probationary period; discharge or
demotion. (a) All teachers in the
public schools in cities of the first class during the first three years of
consecutive employment shall be deemed to be in a probationary period of
employment during which period any annual contract with any teacher may, or may
not, be renewed as the school board, after consulting with the peer review
committee charged with evaluating the probationary teachers under
subdivision 3, shall see fit. The school site management team or the school
board if there is no school site management team, shall adopt a plan for a
written evaluation of teachers during the probationary period according to
subdivision 3. Evaluation by the peer
review committee charged with evaluating probationary teachers under
subdivision 3 shall occur at least three times periodically throughout
each school year for a teacher performing services on 120 or more
school days, at least two times each year for a teacher performing services on
60 to 119 school days, and at least one time each year for a teacher performing
services on fewer than 60 school days.
Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent
from school shall not be included in determining the number of school days on
which a teacher performs services. The
school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of such
discharge or demotion shall be given to the teacher by the school board at
least 30 days before such removal or demotion shall become effective, and the
teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of
consecutive employment are interrupted for active military service and who
promptly resumes teaching consistent with federal reemployment timelines for
uniformed service personnel under United States Code, title 38, section
4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).
(c) A probationary teacher must complete at least 60 120
days of teaching service each year during the probationary period. Days devoted to parent-teacher conferences,
teachers' workshops, and other staff development opportunities and days on
which a teacher is absent from school do not count as days of teaching service
under this paragraph.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 6.
Minnesota Statutes 2010, section 122A.41, subdivision 5a, is amended to
read:
Subd. 5a. Probationary period for principals hired
internally. A board and the
exclusive representative of the school principals in the district may negotiate
a plan for a probationary period of up to two school years is
required for licensed teachers employed by the board who are subsequently
employed by the board as a licensed school principal or assistant principal and
an additional probationary period of up to two years is required
for licensed assistant principals employed by the board who are subsequently
employed by the board as a licensed school principal. A licensed teacher subsequently employed
by the board as a licensed school principal or assistant principal retains his
or her continuing contract status as a licensed teacher during the probationary
period under this subdivision and has the right to return to his or her
previous position or an equivalent position, if available, if the teacher is
not promoted.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 7.
Minnesota Statutes 2010, section 122A.41, subdivision 10, is amended to
read:
Subd. 10. Decision, when rendered. The hearing must be concluded and a
decision in writing, stating the grounds on which it is based, rendered within
25 days after giving of such notice.
Where the hearing is before a school board the teacher may be discharged
or demoted upon the affirmative vote of a majority of the members of the
board. If the charges, or any of such,
are found to be true, the board conducting the hearing must discharge, demote,
or suspend the teacher, as seems to be for the best interest of the school. A teacher must not be discharged for
either of the causes specified in subdivision 6, clause (3), except during the
school year, and then only upon charges filed at least four months before the
close of the school sessions of such school year.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 8.
Minnesota Statutes 2010, section 122A.41, subdivision 14, is amended to
read:
Subd. 14. Services terminated by discontinuance or
lack of pupils; preference given. (a)
A teacher whose services are terminated on account of discontinuance of
position or lack of pupils must receive first consideration for other positions
in the district for which that teacher is qualified. In the event it becomes necessary to
discontinue one or more positions, in making such discontinuance, teachers must
receive first consideration for other positions in the district for which
that teacher is qualified and must be discontinued in any department
in the inverse order in which they were employed, unless a board and the
exclusive representative of teachers in the district negotiate a plan providing
otherwise.
(b) The board may exempt from the
effects of paragraph (a) those teachers who teach in a Montessori or a language immersion program or provide
instruction in an advanced placement course and who, in the superintendent's
judgment, meet a unique need in delivering curriculum. However, within the Montessori or language
immersion program, a teacher shall be discontinued based on the inverse order
in which the teacher was employed.
(b)
(c) Notwithstanding the provisions of clause paragraph
(a), a teacher is not entitled to exercise any seniority when that exercise
results in that teacher being retained by the district in a field for which the
teacher holds only a provisional license, as defined by the Board of Teaching,
unless that exercise of seniority results in the termination of services, on account of discontinuance of
position or lack of pupils, of another teacher who also holds a provisional
license in the same field. The
provisions of this clause paragraph do not apply to vocational
education licenses.
(c)
(d) Notwithstanding the provisions of clause paragraph (a),
a teacher must not be reinstated to a position in a field in which the teacher
holds only a provisional license, other than a vocational education license,
while another teacher who holds a nonprovisional license in the same field is
available for reinstatement."
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Gunther from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 611, A bill for an act relating to economic development; creating a small business loan guarantee program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported the same back with the following amendments:
Page 4, line 4, before "The" insert "Subject to the availability of funds under subdivision 4,"
Page 4, delete section 2
Amend the title as follows:
Page 1, line 3, delete "appropriating money;"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Commerce and Regulatory Reform.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 615, A bill for an act relating to drivers' licenses; modifying driver education requirements for obtaining an instruction permit; amending Minnesota Statutes 2010, section 171.05, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 171.05, subdivision 2, is amended to read:
Subd. 2. Person less than 18 years of age. (a) Notwithstanding any provision in subdivision 1 to the contrary, the department may issue an instruction permit to an applicant who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver
education in another state, has a previously issued valid license from another
state, or is enrolled in either:
(i) the applicant is enrolled in
behind-the-wheel training in a public, private, or commercial driver education
program that is approved by the commissioner of public safety; and
(ii) the applicant:
(A) has completed the classroom phase of
instruction in a public, private, or commercial driver education program
that is approved by the commissioner of public safety and that includes
classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver
education program;
(B) has completed home school driver
training, when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the student is
working toward a homeschool home school diploma, the student's
status as a homeschool home school student has been certified by
the superintendent of the school district in which the student resides, and the
student is taking home-classroom driver training with classroom
materials are approved by the commissioner of public safety; or
(C) has completed an Internet-based
theory driver education program that is approved by the commissioner of public
safety;
(2) has completed the classroom phase of
instruction in the driver education program;
(3) (2) has passed a test of
the applicant's eyesight;
(4) (3) has passed a
department-administered test of the applicant's knowledge of traffic laws;
(5) (4) has completed the
required application, which must be approved by (i) either parent when both
reside in the same household as the minor applicant or, if otherwise, then (ii)
the parent or spouse of the parent having custody or, in the event there is no
court order for custody, then (iii) the parent or spouse of the parent with
whom the minor is living or, if items (i) to (iii) do not apply, then (iv) the
guardian having custody of the minor, (v) the foster parent or the director of
the transitional living program in which the child resides or, in the event a
person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (vi) the applicant's adult
spouse, adult close family member, or adult employer; provided, that the
approval required by this clause contains a verification of the age of the
applicant and the identity of the parent, guardian, adult spouse, adult close
family member, or adult employer; and
(6) (5) has paid the fee
required in section 171.06, subdivision 2.
(b) The instruction permit is valid for two years from the date of application and may be renewed upon payment of a fee equal to the fee for issuance of an instruction permit under section 171.06, subdivision 2.
(c) A provider of an Internet-based theory driver education program approved by the commissioner shall issue a certificate of completion to each person who successfully completes the program. The commissioner shall furnish numbered certificate forms to approved providers who shall pay the commissioner a fee of $2 for each certificate. The commissioner shall deposit proceeds of the fee in the driver services operating account in the special revenue fund. The commissioner shall terminate the fee when the department has fully recovered its costs to implement Internet driver education under this section."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The
report was adopted.
Gunther from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 632, A bill for an act relating to labor and industry; licensing maintenance plumbers in certain cases; modifying fees; amending Minnesota Statutes 2010, sections 326B.42, subdivision 2, by adding a subdivision; 326B.435, subdivision 2; 326B.46, subdivisions 1, 1a; 326B.47, subdivision 1, by adding a subdivision; 326B.49, subdivision 1.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 721, A bill for an act relating to traffic regulations; modifying provisions relating to disability parking; amending Minnesota Statutes 2010, sections 169.345, subdivision 1; 169.346, subdivision 3.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Peppin from the Committee on Government Operations and Elections to which was referred:
H. F. No. 745, A bill for an act relating to health; creating an Autism Spectrum Disorder Task Force; providing appointments; requiring development of a statewide strategic plan.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Shimanski from the Committee on Judiciary Policy and Finance to which was referred:
H. F. No. 795, A bill for an act relating to child support; instructing the commissioner to initiate a foreign reciprocal agreement.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 905, A bill for an act relating to health; establishing policies for youth athletes with concussions resulting from participation in youth athletic activities; amending Minnesota Statutes 2010, section 128C.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Government Operations and Elections.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 912, A bill for an act relating to human services; providing a requirement for special family day care homes; amending Minnesota Statutes 2010, section 245A.14, subdivision 4.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 921, A bill for an act relating to crime; clarifying targeted misdemeanors to include no contact order misdemeanor violations for the purpose of requiring fingerprinting; amending Minnesota Statutes 2010, section 299C.10, subdivision 1.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 922, A bill for an act relating to motor vehicles; allowing collector emergency vehicles to display and use nonconforming colored lights; amending Minnesota Statutes 2010, section 169.64, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 13, after "general" insert "transportation"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 928, A bill for an act relating to human services; clarifying the additional local share of certain publicly owned nursing facility costs; clarifying a publicly owned nursing facility payment rate; amending Minnesota Statutes 2010, sections 256B.19, subdivision 1e; 256B.441, subdivision 55a.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 979, A bill for an act relating to human services; requiring the commissioner to analyze the establishment of uniform asset limits across human services assistance programs.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Westrom from the Committee on Civil Law to which was referred:
H. F. No. 997, A bill for an act relating to civil actions; regulating the imposition of certain civil penalties by state agencies; awarding fees and expenses to prevailing parties in certain actions involving state agencies and municipalities; amending Minnesota Statutes 2010, sections 15.471, subdivision 6, by adding a subdivision; 15.472; proposing coding for new law in Minnesota Statutes, chapters 15; 471.
Reported the same back with the following amendments:
Page 2, line 6, after "justice" insert "or other law"
Page 6, line 1, delete "an agency" and insert "a municipality's"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1032, A bill for an act relating to employment; modifying certain prevailing hours of labor requirements; amending Minnesota Statutes 2010, section 177.42, subdivision 4.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Jobs and Economic Development Finance.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1087, A bill for an act relating to nursing; requiring a criminal history record check; appropriating money; amending Minnesota Statutes 2010, section 364.09; proposing coding for new law in Minnesota Statutes, chapter 148.
Reported the same back with the following amendments:
Page 2, line 4, after the second "BCA" insert "shall perform a check for state criminal justice information and"
Page 2, after line 16, insert:
"Subd. 8. Opportunity to challenge accuracy of report. Prior to taking disciplinary action against an applicant based on a criminal conviction, the board shall provide the applicant with the opportunity to complete, or challenge the accuracy of, the criminal justice information reported to the board. The applicant shall have 30 calendar days to correct or complete the record prior to the board taking disciplinary action based on the report."
Page 3, line 7, delete "617.246" and insert "617.247"
Page 3, line 33, after "(39)" insert "felony"
Page 3, line 34, after "(40)" insert "felony"
Page 4, line 1, after "(42)" insert "felony"
Page 4, line 2, after "(43)" insert "felony"
Page 4, line 5, after "(46)" insert "felony"
Page 4, line 7, after "(48)" insert "felony"
Page 4, line 10, after "(51)" insert "felony"
Page 4, lines 24, 26, and 34, delete "8" and insert "9"
Page 4, line 29, delete everything after "(a)"
Page 4, delete lines 30 to 32
Page 4, line 33, delete "(b)"
Page 4, line 35, delete "except as provided in paragraph (a),"
Page 5, line 1, delete "(c)" and insert "(b)"
Page 5, line 2, delete "8" and insert "9"
Page 5, line 6, delete "(d)" and insert "(c)"
Page 5, line 22, delete "(e)" and insert "(d)"
Page 5, line 25, delete "confidential" and insert "private"
Page 5, line 26, delete "3" and insert "12"
Renumber the subdivisions in sequence and correct the internal references
With the recommendation that when so amended the bill be re-referred to the Committee on Civil Law without further recommendation.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 1109, A bill for an act relating to public safety; clarifying and conforming provisions regarding driver's license revocation periods for DWI convictions; amending Minnesota Statutes 2010, sections 169A.54, subdivisions 1, 6; 171.30, subdivision 1; 171.306, subdivision 4; repealing Minnesota Statutes 2010, section 169A.54, subdivision 5.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Transportation Policy and Finance.
The
report was adopted.
Peppin from the Committee on Government Operations and Elections to which was referred:
H. F. No. 1117, A bill for an act relating to state government; changing bond requirements for state depositories; amending Minnesota Statutes 2010, section 9.031, subdivisions 2, 5.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1134, A bill for an act relating to insurance; regulating annuity products; enacting a model regulation adopted by the National Association of Insurance Commissioners relating to suitability in annuity transactions; amending Minnesota Statutes 2010, sections 60K.46, subdivision 4; 72A.20, subdivision 34; proposing coding for new law in Minnesota Statutes, chapter 72A.
Reported the same back with the following amendments:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 2010, section 60A.06, subdivision 3, is amended to read:
Subd. 3. Limitation on combination policies. (a) Unless specifically authorized by subdivision 1, clause (4), it is unlawful to combine in one policy coverage permitted by subdivision 1, clauses (4) and (5)(a). This subdivision does not prohibit the simultaneous sale of these products, but the sale must involve two separate and distinct policies.
(b) This subdivision does not apply to group policies.
(c) This subdivision does not apply to policies permitted by subdivision 1, clause (4), that contain benefits providing acceleration of life, endowment, or annuity benefits in advance of the time they would otherwise be payable, or to long-term care policies as defined in section 62A.46, subdivision 2, or chapter 62S.
(d) This subdivision does not prohibit combining life coverage with one or more of the following coverages:
(1) specified disease or illness
coverage;
(2) other limited benefit health
coverage;
(3) hospital indemnity coverage;
(4) other fixed indemnity products,
provided that the prescribed minimum standards applicable to those categories of coverage are met."
Page 3, delete lines 17 to 28 and insert:
"Subd. 9. Replacement. "Replacement" has the meaning given in section 61A.53, subdivision 2."
Page 7, delete section 6 and insert:
"Sec. 7. [72A.2033]
INSURANCE PRODUCER TRAINING.
Subdivision 1. Requirement. An insurance producer shall not
solicit the sale of an annuity product unless the insurance producer has
adequate knowledge of the product to recommend the annuity and the insurance
producer is in compliance with the insurer's standards for product
training. An insurance producer may rely
on insurer-provided product-specific training standards and materials to comply
with this subdivision.
Subd. 2. Initial
training. (a) An insurance
producer who engages in the sale of annuity products shall complete a onetime
four-credit training course approved by the commissioner and provided by a
continuing education provider approved by the commissioner.
Insurance producers who hold a life
insurance line of authority on the effective date of sections 72A.203 to
72A.2036 and who desire to sell annuities shall complete the requirements of
this subdivision no later than six months after January 1, 2012. Individuals who obtain a life insurance line
of authority on or after January 1, 2012, may not engage in the sale of
annuities until the annuity training course required under this subdivision has
been completed. Producers licensed on or
after January 1, 2012, have until June 30, 2012, to complete the course.
(b) The length of the training required under this subdivision must be four continuing education hours.
(c) The training required under this subdivision must include information on the following topics:
(1) the types of annuities and various
classifications of annuities;
(2) identification of the parties to an
annuity;
(3) how fixed, variable, and indexed
annuity contract provisions affect consumers;
(4) the application of income taxation
of qualified and nonqualified annuities;
(5) the primary uses of annuities; and
(6) appropriate sales practices,
replacement, and disclosure requirements.
(d) Providers of courses intended to
comply with this subdivision shall cover all topics listed in the prescribed
outline and shall not present any marketing information or provide training on
sales techniques or provide specific information about a particular insurer's
products.
(e) A provider of an annuity training
course intended to comply with this subdivision must be an approved continuing
education provider in this state and comply with the requirements applicable to
insurance producer continuing education courses.
(f) Annuity training courses may be
conducted and completed by classroom or self-study methods in accordance with
chapter 45. In order to assist
compliance with this section, all courses approved by the commissioner for the
purposes of this section shall be given the course title "Annuity
Suitability and Disclosure." Only courses satisfying the requirements of
this section shall use this course title after the effective date of this
section.
(g) Providers of annuity training shall
comply with the course completion reporting requirements of chapter 45.
(h) The satisfaction of the training
requirements of another state that are substantially similar to the provisions
of this subdivision satisfies the training requirements of this subdivision in
this state, but does not satisfy any of the continuing education requirements
of chapter 60K unless the training requirements of the other state are
satisfied through one or more continuing education courses approved by the
commissioner.
(i) An insurer shall verify that an insurance producer has completed the annuity training course required under this subdivision before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this subdivision by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers. If such data collection and reporting arrangements are not in place, an insurer must maintain records verifying that the producer has completed the annuity training course required under this subdivision and make the records available to the commissioner upon request."
Page 9, delete section 7
Page 9, line 19, delete ", general agents, independent agencies,"
Page 9, line 22, delete "three" and insert "ten"
Page 9, delete section 9
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Peppin from the Committee on Government Operations and Elections to which was referred:
H. F. No. 1152, A bill for an act relating to commerce; regulating return of pledged goods and location restrictions of pawnbrokers; amending Minnesota Statutes 2010, sections 325J.08; 325J.10; 325J.13.
Reported the same back with the following amendments:
Page 2, line 13, delete "the pledged"
Page 2, line 14, delete the first "goods"
Page 2, line 23, after "325J.08" insert ", clauses (7) and (10)"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 1162, A bill for an act relating to natural resources; modifying nonnative species provisions; modifying requirements for permits to control or harvest aquatic plants; providing criminal penalties and civil penalties; amending Minnesota Statutes 2010, sections 84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 103G.615, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 84D; 86B; repealing Minnesota Statutes 2010, section 84D.02, subdivision 4.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Gunther from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 1170, A bill for an act relating to employment; modifying worker classification regulation, penalties, and fees; authorizing rulemaking; amending Minnesota Statutes 2010, sections 181.723; 326B.081, subdivision 3; repealing Minnesota Statutes 2010, section 181.723, subdivision 17; Minnesota Rules, parts 5202.0100; 5202.0110; 5202.0120; 5202.0130; 5202.0140; 5202.0150; 5202.0160.
Reported the same back with the following amendments:
Page 4, line 16, delete "$......." and insert "$2,000"
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.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1185, A bill for an act relating to health; adjusting contracting procedures between health care providers and health plan companies; amending Minnesota Statutes 2010, sections 62Q.735, subdivision 5; 62Q.75, subdivision 3.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Commerce and Regulatory Reform.
The
report was adopted.
Westrom from the Committee on Civil Law to which was referred:
H. F. No. 1198, A bill for an act relating to families; updating the Uniform Interstate Family Support Act; amending Minnesota Statutes 2010, sections 518C.101; 518C.102; 518C.103; 518C.201; 518C.202; 518C.203; 518C.204; 518C.205; 518C.206; 518C.207; 518C.208; 518C.209; 518C.301; 518C.303; 518C.304; 518C.305; 518C.306; 518C.307; 518C.308; 518C.310; 518C.311; 518C.312; 518C.313; 518C.314; 518C.316; 518C.317; 518C.318; 518C.319; 518C.401; 518C.501; 518C.503; 518C.504; 518C.505; 518C.506; 518C.508; 518C.601; 518C.602; 518C.603; 518C.604; 518C.605; 518C.606; 518C.607; 518C.608; 518C.609; 518C.610; 518C.611; 518C.612; 518C.613; 518C.701; 518C.801; 518C.902; proposing coding for new law in Minnesota Statutes, chapter 518C; repealing Minnesota Statutes 2010, section 518C.502.
Reported the same back with the following amendments:
Page 8, line 23, delete "the Uniform Interstate Family Support Act" and insert "this chapter"
Page 8, line 24, delete "that act" and insert "this chapter"
Page 9, line 15, delete "the Uniform Interstate"
Page 9, line 16, delete "Family Support Act" and insert "this chapter or a law substantially similar to this chapter"
Page 13, line 4, after "state" insert "or a foreign country"
Page 13, line 17, strike "three copies of"
Page 13, line 23, strike everything after "If"
Page 13, line 24, strike everything before the comma and insert "requested by the responding tribunal" and strike "may" and insert "shall"
Page 13, line 26, strike "state" and insert "tribunal" and strike "may" and insert "shall"
Page 14, line 17, delete "e-mail" and insert "electronic mail"
Page 15, line 19, strike "a written" and after "notice" insert "in a record"
Page 15, line 22, strike "a written" and after "communication" insert "in a record"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Lanning from the Committee on State Government Finance to which was referred:
H. F. No. 1234, A bill for an act relating to state government; requiring the commissioner of administration to issue a request for proposals and enter into a contract for strategic sourcing consulting services.
Reported the same back with the following amendments:
Page 2, line 4, delete "shall" and insert "may"
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.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
H. F. No. 1270, A bill for an act relating to public safety; expanding e-charging to include citations, juvenile adjudication, and implied consent test refusal or failure; amending Minnesota Statutes 2010, section 299C.41, subdivision 1.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1284, A bill for an act relating to railroads; exempting train crews from requirement for driver's license; amending Minnesota Statutes 2010, section 171.03.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 171.03, is amended to read:
171.03
PERSONS EXEMPT.
The following persons are exempt from license hereunder:
(a) A person in the employ or service of the United States federal government is exempt while driving or operating a motor vehicle owned by or leased to the United States federal government.
(b) A person in the employ or service of the United States federal government is exempt from the requirement to possess a valid class A, class B, or class C commercial driver's license while driving or operating for military purposes a commercial motor vehicle for the United States federal government if the person is:
(1) on active duty in the U.S. Coast Guard;
(2) on active duty in a branch of the U.S. armed forces, which includes the Army, Air Force, Navy, and Marine Corps;
(3) a member of a reserve component of the U.S. armed forces; or
(4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a National Guard military technician, who is a civilian required to wear a military uniform.
The exemption provided under this paragraph does not apply to a U.S. armed forces reserve technician.
(c) Any person while driving or operating any farm tractor or implement of husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, subdivision 7, are not implements of husbandry.
(d) A nonresident who is at least 15 years of age and who has in immediate possession a valid driver's license issued to the nonresident in the home state or country may operate a motor vehicle in this state only as a driver.
(e) A nonresident who has in immediate possession a valid commercial driver's license issued by a state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
(f) Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of drivers may operate a motor vehicle as a driver, but only for a period of not more than 90 days in any calendar year, if the motor vehicle so operated is duly registered for the current calendar year in the home state or country of the nonresident.
(g) Any person who becomes a resident of the state of Minnesota and who has in possession a valid driver's license issued to the person under and pursuant to the laws of some other state or jurisdiction or by military authorities of the United States may operate a motor vehicle as a driver, but only for a period of not more than 60 days after becoming a resident of this state, without being required to have a Minnesota driver's license as provided in this chapter.
(h) Any person who becomes a resident of the state of Minnesota and who has in possession a valid commercial driver's license issued by another state or jurisdiction in accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt for not more than 30 days after becoming a resident of this state.
(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.
(j) A railroad operator, as defined in
section 169.035, subdivision 4, paragraph (a), is exempt while operating a
railroad locomotive or train, or on-track equipment while being operated upon
rails. This exemption includes operation
while crossing a street or highway, whether public or private.
Sec. 2. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision to read:
Subd. 4. Trains. (a) For purposes of this subdivision,
"railroad operator" means a person who is a locomotive engineer,
conductor, member of the crew of a railroad locomotive or train, or an operator
of on-track equipment.
(b) A peace officer may not issue a citation
for violation of this chapter or chapter 171 to a railroad operator involving
the operation of a railroad locomotive or train, or on-track equipment while
being operated upon rails.
(c) Notwithstanding section 171.08, a railroad operator is not required to display or furnish a driver's license to a peace officer in connection with the operation of a railroad locomotive or train, or on-track equipment while being operated upon rails."
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Lanning from the Committee on State Government Finance to which was referred:
H. F. No. 1286, A bill for an act relating to administration; appropriating money for a structural risk assessment of the Capitol site.
Reported the same back with the following amendments:
Page 1, line 6, delete "$300,000 is appropriated from the general fund to"
Page 1, line 7, delete "for the biennium ending June 30, 2013, to" and insert "must"
Page 1, line 10, delete "December 15" and insert "August 1"
Amend the title as follows:
Page 1, line 2, delete "appropriating money for" and insert "requiring"
With the recommendation that when so amended the bill pass.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1289, A bill for an act relating to traffic regulations; modifying provision authorizing use of highway shoulder by buses; amending Minnesota Statutes 2010, section 169.306.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1339, A bill for an act relating to human services; establishing the My Life, My Choices Task Force.
Reported the same back with the following amendments:
Page 1, line 11, delete "partner" and insert "advocate"
Page 1, line 24, after the period, insert "Appointed nongovernmental members of the task force shall serve as staff for the task force and take on the responsibilities of coordinating meetings, reporting on committee recommendations, and providing other staff support as needed to meet the responsibilities of the task force as described in subdivision 3. Legislative appointment of nongovernmental members of the task force shall be conditioned upon agreement from the appointees to provide staff assistance to execute the work of the task force."
Page 2, line 12, delete the new language
Page 2, line 14, after the period, insert "The task force shall be independently staffed and coordinated by the nongovernmental appointees who serve on the task force, and no state funding shall be appropriated for expenses related to the task force under this section."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Government Operations and Elections.
The
report was adopted.
Westrom from the Committee on Civil Law to which was referred:
H. F. No. 1343, A bill for an act relating to civil actions; providing immunity in certain cases involving the use of school facilities for recreational activities; amending Minnesota Statutes 2010, section 466.03, subdivision 6e, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision to read:
Subd. 23. Recreational use of school property and facilities. (a) Any claim for a loss or injury occurring while school is not in session arising from the use of school property or a school facility, including but not limited to a playground, sports field, gym, fitness room, pool, or any other indoor or outdoor area made available to the public for recreational activity.
(b) Nothing in this subdivision:
(1) limits the liability of a school
district for conduct by the district or an officer, employee, or agent of the
district that would entitle a trespasser to damages against a private person;
or
(2) reduces any existing duty owed by the school district to students, staff, or other individuals authorized to be present on school property while school is in session."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.
The
report was adopted.
Beard from the Committee on Transportation Policy and Finance to which was referred:
H. F. No. 1348, A bill for an act relating to railroads; exempting certain railroad property from storm sewer or storm water utility assessments, levies, or charges; amending Minnesota Statutes 2010, sections 444.075, by adding a subdivision; 444.20; proposing coding for new law in Minnesota Statutes, chapter 429.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Taxes.
The
report was adopted.
Gunther from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 1362, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; requiring rulemaking; amending Minnesota Statutes 2010, sections 14.48, subdivisions 2, 3; 14.49; 14.50; 176.106, subdivisions 1, 3, 5, 6, 7, 8, 9; 176.238, subdivision 6; 176.305, subdivisions 1, 1a; 176.307; 176.341, subdivision 4.
Reported the same back with the following amendments:
Page 9, after line 31, insert:
"Sec. 18. ONETIME
APPROPRIATION FOR CASE MANAGEMENT SYSTEM.
The commissioner shall appropriate a sum, not to exceed $600,000 from the special compensation fund for the purposes of implementing a case management system and electronic filing system at the Office of Administrative Hearings. This is a onetime appropriation. Authority to disburse these funds is granted to the chief administrative law judge of the Office of Administrative Hearings."
Page 10, line 5, delete everything after "to" and insert "19 are effective August 1, 2011."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the second semicolon, insert "appropriating money;"
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.
Shimanski from the Committee on Judiciary Policy and Finance to which was referred:
H. F. No. 1370, A bill for an act relating to data practices; permitting sharing of law enforcement data in certain circumstances; amending Minnesota Statutes 2010, sections 13.82, by adding a subdivision; 13.84, by adding subdivisions.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1373, A bill for an act relating to health; extending the Maternal and Child Health Advisory Task Force; amending Minnesota Statutes 2010, section 145.881, subdivision 1.
Reported the same back with the following amendments:
Page 1, line 15, delete "2021" and insert "2015"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Government Operations and Elections.
The
report was adopted.
Gunther from the Committee on Jobs and Economic Development Finance to which was referred:
H. F. No. 1396, A bill for an act relating to unemployment insurance; modifying unemployment insurance and workforce development provisions; amending Minnesota Statutes 2010, sections 116L.17, subdivision 1; 116L.561, subdivision 7; 268.035, subdivisions 4, 19a, 20, 23, 29; 268.051, subdivisions 5, 6, 8; 268.057, subdivision 2; 268.07, subdivisions 2, 3b; 268.085, subdivision 3; 268.095, subdivision 10; 268.115, subdivision 1; 268.184, subdivisions 1, 1a; Laws 2009, chapter 78, article 3, section 16.
Reported the same back with the following amendments:
Page 2, after line 16, insert:
"Sec. 3. Minnesota Statutes 2010, section 268.035, subdivision 23a, is amended to read:
Subd. 23a. Suitable employment. (a) Suitable employment means employment in the applicant's labor market area that is reasonably related to the applicant's qualifications. In determining whether any employment is suitable for an applicant, the degree of risk involved to the health and safety, physical fitness, prior training, experience, length of unemployment, prospects for securing employment in the applicant's customary occupation, and the distance of the employment from the applicant's residence is considered.
(b) In determining what is suitable employment, primary consideration is given to the temporary or permanent nature of the applicant's separation from employment and whether the applicant has favorable prospects of finding employment in the applicant's usual or customary occupation at the applicant's past wage level within a reasonable period of time.
If prospects are unfavorable, employment at lower skill or wage levels is suitable if the applicant is reasonably suited for the employment considering the applicant's education, training, work experience, and current physical and mental ability.
The total compensation must be considered, including the wage rate, hours of employment, method of payment, overtime practices, bonuses, incentive payments, and fringe benefits.
(c) When potential employment is at a rate of pay lower than the applicant's former rate, consideration must be given to the length of the applicant's unemployment and the proportion of difference in the rates. Employment that may not be suitable because of lower wages during the early weeks of the applicant's unemployment may become suitable as the duration of unemployment lengthens.
(d) For an applicant seasonally unemployed, suitable employment includes temporary work in a lower skilled occupation that pays average gross weekly wages equal to or more than 150 percent of the applicant's weekly unemployment benefit amount.
(e) If a majority of the applicant's weeks of employment in the base period includes part-time employment, part-time employment in a position with comparable skills and comparable hours that pays comparable wages is considered suitable employment.
Full-time employment is not considered suitable employment for an applicant if a majority of the applicant's weeks of employment in the base period includes part-time employment.
(f) To determine suitability of employment in terms of shifts, the arrangement of hours in addition to the total number of hours is to be considered. Employment on a second, third, rotating, or split shift is suitable employment if it is customary in the occupation in the labor market area.
(g) Employment is not considered suitable if:
(1) the position offered is vacant because of a labor dispute;
(2) the wages, hours, or other conditions of employment are substantially less favorable than those prevailing for similar employment in the labor market area;
(3) as a condition of becoming employed, the applicant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; or
(4) the employment is with a staffing
service and less than 45 25 percent of the applicant's wage
credits are from a job assignment with the client of a staffing service.
(h) A job assignment with a staffing
service is considered suitable only if 45 25 percent or more of
the applicant's wage credits are from job assignments with clients of a
staffing service and the job assignment meets the definition of suitable
employment under paragraph (a).
Sec. 4. Minnesota Statutes 2010, section 268.035, subdivision 32, is amended to read:
Subd. 32. Weekly
unemployment benefit amount. "Weekly
unemployment benefit amount" means the amount of unemployment benefits
computed under section 268.07, subdivision 2, paragraph (b) 2a."
Page 3, line 24, before the period, insert ", except that in paragraph (b), the striking of "wage credits" and the insertion of "wages paid" and the insertion of "and have been reported on wage detail under section 268.044" are effective the day following final enactment"
Page 4, line 18, delete "retroactively from" and before the period, insert ", and applies retroactively from July 1, 2011"
Page 10, line 14, strike "is regularly attending classes at" and insert "whose primary relation to" and after "university" insert "is as a student. This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses"
Renumber the sections in sequence
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.
Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 1405, A bill for an act relating to insurance; regulating claims processing for insurance on portable electronics products; permitting use of an automated claims processing system subject to certain requirements and safeguards; amending Minnesota Statutes 2010, sections 72B.02, by adding a subdivision; 72B.03, subdivision 1, by adding a subdivision; 72B.041, subdivision 2, by adding a subdivision.
Reported the same back with the following amendments:
Page 3, delete section 3
Renumber the sections in sequence and correct internal references
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The
report was adopted.
Gottwalt from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 1406, A bill for an act relating to human services; amending continuing care policy provisions; making changes to the telephone equipment program; making changes to disability services provisions; reforming comprehensive assessments and case management services; making changes to nursing facility provisions; making technical and conforming changes; providing for rulemaking authority; requiring reports; amending Minnesota Statutes 2010, sections 144A.071, subdivisions 3, 4a, 5a; 144A.073, subdivision 3c, by adding a subdivision; 144D.03, subdivision 2; 144D.04, subdivision 2; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245A.03, subdivision 7; 245A.11, subdivision 8; 245B.02, subdivision 20; 245B.06, subdivision 7; 252.32, subdivision 1a; 252.40; 252.41, subdivisions 1, 3; 252.42; 252.43; 252.44; 252.45; 252.451, subdivisions 2, 5; 252.46, subdivision 1a; 252A.21, subdivision 2; 256.476, subdivision 11; 256B.0625, subdivision 19c; 256B.0659, subdivisions 1, 2, 3, 3a, 4, 9, 11, 13, 14, 19, 21, 30; 256B.0911, subdivisions 1, 1a, 2b, 2c, 3, 3a, 3b, 3c, 4a, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.096, subdivision 5; 256B.19, subdivision 1e; 256B.431, subdivisions 2t, 26; 256B.438, subdivisions 1, 3, 4, by adding a subdivision; 256B.441, subdivision 55a, by adding a subdivision; 256B.49, subdivisions 13, 14, 15, 21; 256B.4912; 256B.501, subdivision 4b; 256B.5013, subdivision 1; 256B.5015, subdivision 1; 256B.765; 256G.02, subdivision 6; Laws 2009, chapter 79, article 8, section 81, as amended; proposing coding for new law in Minnesota Statutes, chapter 252; repealing Minnesota Statutes 2010, sections 144A.073, subdivisions 4, 5; 252.46, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 20, 21; 256.0112, subdivision 6; 256B.092, subdivision 8a; 256B.49, subdivision 16a; 256B.501, subdivision 8.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
TELEPHONE EQUIPMENT PROGRAM
Section 1. Minnesota Statutes 2010, section 237.50, is amended to read:
237.50
DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 237.50 to 237.56 have the meanings given them in this section.
Subd. 3. Communication
impaired disability. "Communication
impaired disability" means certified as deaf, severely
hearing impaired, hard-of-hearing having a hearing loss, speech impaired,
deaf and blind disability, or mobility impaired if the mobility
impairment significantly impedes the ability physical disability that
makes it difficult or impossible to use standard customer premises telecommunications
services and equipment.
Subd. 4. Communication
device. "Communication
device" means a device that when connected to a telephone enables a communication-impaired
person to communicate with another person utilizing the telephone system. A "communication device" includes a
ring signaler, an amplification device, a telephone device for the deaf, a Brailling
device for use with a telephone, and any other device the Department of Human
Services deems necessary.
Subd. 4a. Deaf. "Deaf" means a hearing impairment
loss of such severity that the individual must depend primarily
upon visual communication such as writing, lip reading, manual communication
sign language, and gestures.
Subd. 4b. Deafblind. "Deafblind" means any
combination of vision and hearing loss which interferes with acquiring
information from the environment to the extent that compensatory strategies and
skills are necessary to access that or other information.
Subd. 5. Exchange. "Exchange" means a unit area
established and described by the tariff of a telephone company for the
administration of telephone service in a specified geographical area, usually
embracing a city, town, or village and its environs, and served by one or more
central offices, together with associated facilities used in providing service
within that area.
Subd. 6. Fund. "Fund" means the telecommunications access Minnesota fund established in section 237.52.
Subd. 6a. Hard-of-hearing. "Hard-of-hearing" means a
hearing impairment loss resulting in a functional loss limitation,
but not to the extent that the individual must depend primarily upon visual
communication.
Subd. 7. Interexchange
service. "Interexchange
service" means telephone service between points in two or more exchanges.
Subd. 8. Inter-LATA
interexchange service. "Inter-LATA
interexchange service" means interexchange service originating and
terminating in different LATAs.
Subd. 9. Local
access and transport area. "Local
access and transport area (LATA)" means a geographical area designated by
the Modification of Final Judgment in U.S. v. Western Electric Co., Inc., 552
F. Supp. 131 (D.D.C. 1982), including modifications in effect on the effective
date of sections 237.51 to 237.54.
Subd. 10. Local
exchange service. "Local
exchange service" means telephone service between points within an
exchange.
Subd. 10a. Telecommunications
device. "Telecommunications
device" means a device that (1) allows a person with a communication
disability to have access to telecommunications services as defined in
subdivision 13, and (2) is specifically selected by the Department of Human
Services for its capacity to allow persons with communication disabilities to
use telecommunications services in a manner that is functionally equivalent to
the ability of an individual who does not have a communication disability. A telecommunications device may include a
ring signaler, an amplified telephone, a hands-free telephone, a text
telephone, a captioned telephone, a wireless device, a device that produces
Braille output for use with a telephone, and any other device the Department of
Human Services deems appropriate.
Subd. 11. Telecommunication
Telecommunications Relay service Services. "Telecommunication Telecommunications
Relay service Services" or
"TRS" means a central statewide service through which a
communication-impaired person, using a communication device, may
send and receive messages to and from a non-communication-impaired person whose
telephone is not equipped with a communication device and through which a
non-communication-impaired person may, by using voice communication, send and
receive messages to and from a communication-impaired
person the telecommunications
transmission services required under Federal Communications Commission (FCC)
regulations at Code of Federal Regulations, title 47, sections 64.604 to
64.606. TRS allows an individual who has
a communication disability to use telecommunications services in a manner that
is functionally equivalent to the ability of an individual who does not have a
communication disability.
Subd. 12. Telecommunications. "Telecommunications" means
the transmission, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the
information as sent and received.
Subd. 13. Telecommunications services. "Telecommunications
services" means the offering of telecommunications for fee
directly to the public, or to such classes of users as to be effectively
available to the public, regardless of the facilities used.
Sec. 2. Minnesota Statutes 2010, section 237.51, is amended to read:
237.51
TELECOMMUNICATIONS ACCESS MINNESOTA PROGRAM ADMINISTRATION.
Subdivision 1. Creation. The commissioner of commerce shall:
(1) administer through interagency
agreement with the commissioner of human services a program to distribute communication
telecommunications devices to eligible communication-impaired
persons who have communication disabilities; and
(2) contract with a one or more
qualified vendor vendors that serves communication-impaired
serve persons who have communication disabilities to create
and maintain a telecommunication provide telecommunications relay service
services.
For purposes of sections 237.51 to 237.56, the Department of Commerce and any organization with which it contracts pursuant to this section or section 237.54, subdivision 2, are not telephone companies or telecommunications carriers as defined in section 237.01.
Subd. 5. Commissioner of commerce duties. In addition to any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of commerce shall:
(1) prepare the reports required by section 237.55;
(2) administer the fund created in section 237.52; and
(3) adopt rules under chapter 14 to implement the provisions of sections 237.50 to 237.56.
Subd. 5a. Department
Commissioner of human services duties.
(a) In addition to any duties specified elsewhere in sections 237.51
to 237.56, the commissioner of human services shall:
(1) define economic hardship, special
needs, and household criteria so as to determine the priority of eligible
applicants for initial distribution of devices and to determine circumstances
necessitating provision of more than one communication telecommunications
device per household;
(2) establish a method to verify eligibility requirements;
(3) establish specifications for communication
telecommunications devices to be purchased provided under
section 237.53, subdivision 3; and
(4)
inform the public and specifically the community of communication-impaired
persons who have communication disabilities of the program.;
and
(5) provide devices based on the assessed need of eligible applicants.
(b) The commissioner may establish an
advisory board to advise the department in carrying out the duties specified in
this section and to advise the commissioner of commerce in carrying out duties
under section 237.54. If so established,
the advisory board must include, at a minimum, the following communication-impaired
persons:
(1) at least one member who is deaf;
(2) at least one member who is has
a speech impaired disability;
(3) at least one member who is mobility
impaired has a physical disability that makes it difficult or impossible
for the person to access telecommunications services; and
(4) at least one member who is hard-of-hearing.
The membership terms, compensation, and removal of members and the filling of membership vacancies are governed by section 15.059. Advisory board meetings shall be held at the discretion of the commissioner.
Sec. 3. Minnesota Statutes 2010, section 237.52, is amended to read:
237.52
TELECOMMUNICATIONS ACCESS MINNESOTA FUND.
Subdivision 1. Fund established. A telecommunications access Minnesota fund is established as an account in the state treasury. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the fund.
Subd. 2. Assessment. (a) The commissioner of commerce, the commissioner of employment and economic development, and the commissioner of human services shall annually recommend to the Public Utilities Commission (PUC) an adequate and appropriate surcharge and budget to implement sections 237.50 to 237.56, 248.062, and 256C.30, respectively. The maximum annual budget for section 248.062 must not exceed $100,000 and for section 256C.30 must not exceed $300,000. The Public Utilities Commission shall review the budgets for reasonableness and may modify the budget to the extent it is unreasonable. The commission shall annually determine the funding mechanism to be used within 60 days of receipt of the recommendation of the departments and shall order the imposition of surcharges effective on the earliest practicable date. The commission shall establish a monthly charge no greater than 20 cents for each customer access line, including trunk equivalents as designated by the commission pursuant to section 403.11, subdivision 1.
(b) If the fund balance falls below a level capable of fully supporting all programs eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under sections 237.53 and 237.54 shall be fully funded. Expenditures under sections 248.062 and 256C.30 shall resume at fully funded levels when the commissioner of commerce determines there is a sufficient fund balance to fully fund those expenditures.
Subd. 3. Collection. Every telephone company or
communications carrier that provides service provider of services
capable of originating a telecommunications relay TRS call,
including cellular communications and other nonwire access services, in this
state shall collect the charges established by the commission under subdivision
2 and transfer amounts collected to the commissioner of public safety in the
same manner as provided in section 403.11, subdivision 1, paragraph (d). The commissioner of public safety must
deposit the receipts in the fund established in subdivision 1.
Subd. 4. Appropriation. Money in the fund is appropriated to the commissioner of commerce to implement sections 237.51 to 237.56, to the commissioner of employment and economic development to implement section 248.062, and to the commissioner of human services to implement section 256C.30.
Subd. 5. Expenditures. (a) Money in the fund may only be used for:
(1) expenses of the Department of Commerce, including personnel cost, public relations, advisory board members' expenses, preparation of reports, and other reasonable expenses not to exceed ten percent of total program expenditures;
(2) reimbursing the commissioner of human services for purchases made or services provided pursuant to section 237.53;
(3) reimbursing telephone companies for purchases made or services provided under section 237.53, subdivision 5; and
(4) contracting for establishment and
operation of the telecommunication relay service the provision of TRS
required by section 237.54.
(b) All costs directly associated with the
establishment of the program, the purchase and distribution of communication
telecommunications devices, and the establishment and operation of
the telecommunication relay service provision of TRS are either
reimbursable or directly payable from the fund after authorization by the
commissioner of commerce. The
commissioner of commerce shall contract with the message relay service operator
one or more TRS providers to indemnify the local exchange carriers of
the relay telecommunications service providers for any fines
imposed by the Federal Communications Commission related to the failure of the
relay service to comply with federal service standards. Notwithstanding section 16A.41, the
commissioner may advance money to the contractor of the telecommunication
relay service TRS providers if the contractor establishes providers
establish to the commissioner's satisfaction that the advance payment is
necessary for the operation provision of the service. The advance payment may be used only for
working capital reserve for the operation of the service. The advance payment must be offset or repaid
by the end of the contract fiscal year together with interest accrued from the
date of payment.
Sec. 4. Minnesota Statutes 2010, section 237.53, is amended to read:
237.53
COMMUNICATION TELECOMMUNICATIONS DEVICE.
Subdivision 1. Application. A person applying for a communication
telecommunications device under this section must apply to the program
administrator on a form prescribed by the Department of Human Services.
Subd. 2. Eligibility. To be eligible to obtain a communication
telecommunications device under this section, a person must be:
(1) be able to benefit from and use the equipment for its intended purpose;
(2) have a communication impaired
disability;
(3) be a resident of the state;
(4) be a resident in a household
that has a median income at or below the applicable median household income in
the state, except a deaf and blind person who is deafblind
applying for a telebraille unit Braille device may reside in a
household that has a median income no more than 150 percent of the applicable
median household income in the state; and
(5) be a resident in a household
that has telephone telecommunications service or that has made
application for service and has been assigned a telephone number; or a resident
in a residential care facility, such as a nursing home or group home where telephone
telecommunications service is not included as part of overall service
provision.
Subd. 3. Distribution. The commissioner of human services shall
purchase and distribute a sufficient number of communication telecommunications
devices so that each eligible household receives an appropriate device
devices as determined under section 237.51, subdivision 5a. The commissioner of human services shall
distribute the devices to eligible households in each service area free
of charge as determined under section 237.51, subdivision 5a.
Subd. 4. Training;
maintenance. The commissioner of
human services shall maintain the communication telecommunications
devices until the warranty period expires, and provide training, without
charge, to first-time users of the devices.
Subd. 5. Wiring
installation. If a communication-impaired
person is not served by telephone service and is subject to
economic hardship as determined by the Department of Human Services, the
telephone company providing local service shall at the direction of the
administrator of the program install necessary outside wiring without charge to
the household.
Subd. 6. Ownership. All communication Telecommunications
devices purchased pursuant to subdivision 3 will become are the
property of the state of Minnesota. Policies
and procedures for the return of devices from individuals who withdraw from the
program or whose eligibility status changes shall be determined by the
commissioner of human services.
Subd. 7. Standards. The communication telecommunications
devices distributed under this section must comply with the electronic
industries association alliance standards and be approved
by the Federal Communications Commission.
The commissioner of human services must provide each eligible person a
choice of several models of devices, the retail value of which may not exceed
$600 for a communication device for the deaf text telephone, and
a retail value of $7,000 for a telebraille Braille device, or an
amount authorized by the Department of Human Services for a telephone device
for the deaf with auxiliary equipment all other telecommunications
devices and auxiliary equipment it deems cost-effective and appropriate to
distribute according to sections 237.51 to 237.56.
Sec. 5. Minnesota Statutes 2010, section 237.54, is amended to read:
237.54
TELECOMMUNICATION TELECOMMUNICATIONS RELAY SERVICE SERVICES
(TRS).
Subd. 2. Operation. (a) The commissioner of commerce shall
contract with a one or more qualified vendor vendors
for the operation and maintenance of the telecommunication relay system provision
of Telecommunications Relay Services (TRS).
(b) The telecommunication relay service
provider TRS providers shall operate the relay service within the
state of Minnesota. The operator of
the system TRS providers shall keep all messages confidential,
shall train personnel in the unique needs of communication-impaired people, and
shall inform communication-impaired persons and the public of the availability
and use of the system. Except in the
case of a speech- or mobility-impaired person, the operator shall not relay a
message unless it originates or terminates through a communication device for
the deaf or a Brailling device for use with a telephone comply with all
current and subsequent FCC regulations at Code of Federal Regulations, title
47, sections 64.601 to 64.606, and shall inform persons who have communication
disabilities and the public of the availability and use of TRS.
Sec. 6. Minnesota Statutes 2010, section 237.55, is amended to read:
237.55
ANNUAL REPORT ON COMMUNICATION TELECOMMUNICATIONS ACCESS.
The commissioner of commerce must prepare a
report for presentation to the Public Utilities Commission by January 31
of each year. Each report must review
the accessibility of the telephone system to communication-impaired persons,
review the ability of non-communication-impaired persons to communicate with
communication-impaired persons via the telephone system telecommunications
services to persons who have communication disabilities, describe services
provided, account for money received and disbursed annually annual
revenues and expenditures for each aspect of the program fund
to date, and include predicted program future operation.
Sec. 7. Minnesota Statutes 2010, section 237.56, is amended to read:
237.56
ADEQUATE SERVICE ENFORCEMENT.
The services required to be provided under
sections 237.50 to 237.55 may be enforced under section 237.081 upon a
complaint of at least two communication-impaired persons within the
service area of any one telephone company telecommunications service
provider, provided that if only one person within the service area of a
company is receiving service under sections 237.50 to 237.55, the commission
Public Utilities Commission may proceed upon a complaint from that
person.
ARTICLE 2
DISABILITY SERVICES
Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 7, is amended to read:
Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07. Exceptions to the moratorium include:
(1) foster care settings that are required to be registered under chapter 144D;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, and determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses determined to be needed by the commissioner under paragraph (b) for the closure or downsizing of a nursing facility, ICF/MR, or regional treatment center;
(4) new foster care licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care; or
(5) new foster care licenses determined to be needed by the commissioner for the transition of people from personal care assistance to the home and community-based services.
(b) The commissioner shall determine the need for newly licensed foster care homes as defined under this subdivision. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address.
(c) Residential settings that would
otherwise be subject to the moratorium established in paragraph (a), that are
in the process of receiving an adult or child foster care license as of July 1,
2009, shall be allowed to continue to complete the process of receiving an
adult or child foster care license. For
this paragraph, all of the following conditions must be met to be considered in
the process of receiving an adult or child foster care license:
(1) participants have made decisions to
move into the residential setting, including documentation in each
participant's care plan;
(2) the provider has purchased housing or
has made a financial investment in the property;
(3) the lead agency has approved the
plans, including costs for the residential setting for each individual;
(4) the completion of the licensing
process, including all necessary inspections, is the only remaining component
prior to being able to provide services; and
(5) the needs of the individuals cannot be
met within the existing capacity in that county.
To qualify for the process under this paragraph, the lead
agency must submit documentation to the commissioner by August 1, 2009, that
all of the above criteria are met.
(d) (c) The commissioner
shall study the effects of the license moratorium under this subdivision and
shall report back to the legislature by January 15, 2011. This study shall include, but is not limited
to the following:
(1) the overall capacity and utilization of foster care beds where the physical location is not the primary residence of the license holder prior to and after implementation of the moratorium;
(2) the overall capacity and utilization of foster care beds where the physical location is the primary residence of the license holder prior to and after implementation of the moratorium; and
(3) the number of licensed and occupied ICF/MR beds prior to and after implementation of the moratorium.
(d) At the time of application and
reapplication for licensure, the applicant and the license holder that are
subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the
foster care will be provided is or will be the primary residence of the license
holder for the entire period of licensure.
If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster
care license certificate whether or not the physical location is the primary
residence of the license holder.
(e) License holders of foster care homes
identified under paragraph (e) that are not the primary residence of the
license holder and that also provide services in the foster care home that are
covered by a federally approved home and community-based services waiver, as
authorized under section 256B.0915, 256B.092, or 256B.49 must inform the human
services licensing division that the license holder provides or intends to
provide these waiver-funded services. These license holders must be considered
registered under section 256B.092, subdivision 11, paragraph (c), and
this registration status must be identified on their license certificates.
Sec. 2. Minnesota Statutes 2010, section 245A.11, subdivision 8, is amended to read:
Subd. 8. Community
residential setting license. (a) The
commissioner shall establish provider standards for residential support services
that integrate service standards and the residential setting under one
license. The commissioner shall propose
statutory language and an implementation plan for licensing requirements for
residential support services to the legislature by January 15, 2011 2012,
as a component of the quality outcome standards recommendations required by
Laws 2010, chapter 352, article 1, section 24.
(b) Providers licensed under chapter 245B, and providing, contracting, or arranging for services in settings licensed as adult foster care under Minnesota Rules, parts 9555.5105 to 9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to 2960.3340; and meeting the provisions of section 256B.092, subdivision 11, paragraph (b), must be required to obtain a community residential setting license.
Sec. 3. Minnesota Statutes 2010, section 252.32, subdivision 1a, is amended to read:
Subd. 1a. Support
grants. (a) Provision of support
grants must be limited to families who require support and whose dependents are
under the age of 21 and who have been certified disabled under section
256B.055, subdivision 12, paragraphs (a), (b), (c), (d), and (e). Families who are receiving: home and community-based waivered services
for persons with developmental disabilities authorized under section
256B.092 or 256B.49; personal care assistance under section 256B.0652; or a
consumer support grant under section 256.476 are not eligible for support
grants.
Families whose annual adjusted gross income is $60,000 or more are not eligible for support grants except in cases where extreme hardship is demonstrated. Beginning in state fiscal year 1994, the commissioner shall adjust the income ceiling annually to reflect the projected change in the average value in the United States Department of Labor Bureau of Labor Statistics Consumer Price Index (all urban) for that year.
(b) Support grants may be made available as monthly subsidy grants and lump-sum grants.
(c) Support grants may be issued in the form of cash, voucher, and direct county payment to a vendor.
(d) Applications for the support grant shall be made by the legal guardian to the county social service agency. The application shall specify the needs of the families, the form of the grant requested by the families, and the items and services to be reimbursed.
Sec. 4. [252.34]
REPORT BY COMMISSIONER.
Beginning January 1, 2013, the commissioner shall provide a biennial report to the chairs of the legislative committees with jurisdiction over health and human services policy and funding. The report must provide a summary of overarching goals and priorities for persons with disabilities, including the status of how each of the following programs administered by the commissioner is supporting the overarching goals and priorities:
(1) home and community-based services
waivers for persons with disabilities under sections 256B.092 and 256B.49;
(2) home care services under section
256B.0652; and
(3) other relevant programs and
services as determined by the commissioner.
Sec. 5. Minnesota Statutes 2010, section 252A.21, subdivision 2, is amended to read:
Subd. 2. Rules. The commissioner shall adopt rules to
implement this chapter. The rules must
include standards for performance of guardianship or conservatorship duties
including, but not limited to: twice a
year visits with the ward; quarterly reviews of records from day,
residential, and support services; a requirement that the duties of
guardianship or conservatorship and case management not be performed by the
same person; specific standards for action on "do not resuscitate"
orders, sterilization requests, and the use of psychotropic medication and
aversive procedures.
Sec. 6. Minnesota Statutes 2010, section 256.476, subdivision 11, is amended to read:
Subd. 11. Consumer support grant program after July 1, 2001. Effective July 1, 2001, the commissioner shall allocate consumer support grant resources to serve additional individuals based on a review of Medicaid authorization and payment information of persons eligible for a consumer support grant from the most recent fiscal year. The commissioner shall use the following methodology to calculate maximum allowable monthly consumer support grant levels:
(1) For individuals whose program of origination is medical assistance home care under sections 256B.0651 and 256B.0653 to 256B.0656, the maximum allowable monthly grant levels are calculated by:
(i) determining 50 percent of the average
the service authorization for each individual based on the
individual's home care rating assessment;
(ii) calculating the overall ratio of actual payments to service authorizations by program;
(iii) applying the overall ratio to the
average 50 percent of the service authorization level of each home
care rating; and
(iv) adjusting the result for any authorized
rate increases changes provided by the legislature; and.
(v) adjusting the result for the average
monthly utilization per recipient.
(2) The commissioner may review and
evaluate shall ensure the methodology to reflect changes in is
consistent with the home care programs.
Sec. 7. Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to read:
Subd. 19c. Personal care. Medical assistance covers personal care assistance services provided by an individual who is qualified to provide the services according to subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a plan, and supervised by a qualified professional.
"Qualified professional" means a mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6); or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker as defined in sections 148D.010 and 148D.055, or a qualified developmental disabilities specialist under section 245B.07, subdivision 4. The qualified professional shall perform the duties required in section 256B.0659.
Sec. 8. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in paragraphs (b) to (r) have the meanings given unless otherwise provided in text.
(b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility, positioning, eating, and toileting.
(c) "Behavior," effective January 1, 2010, means a category to determine the home care rating and is based on the criteria found in this section. "Level I behavior" means physical aggression towards self, others, or destruction of property that requires the immediate response of another person.
(d) "Complex health-related needs," effective January 1, 2010, means a category to determine the home care rating and is based on the criteria found in this section.
(e) "Critical activities of daily living," effective January 1, 2010, means transferring, mobility, eating, and toileting.
(f) "Dependency in activities of daily living" means a person requires assistance to begin and complete one or more of the activities of daily living.
(g) "Extended personal care assistance service" means personal care assistance services included in a service plan under one of the home and community-based services waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state plan personal care assistance services for participants who:
(1) need assistance provided periodically
during a week, but less than daily will not be able to remain in their homes
without the assistance, and other replacement services are more expensive or
are not available when personal care assistance services are to be terminated
reduced; or
(2) need additional personal care assistance services beyond the amount authorized by the state plan personal care assistance assessment in order to ensure that their safety, health, and welfare are provided for in their homes.
(h) "Health-related procedures and tasks" means procedures and tasks that can be delegated or assigned by a licensed health care professional under state law to be performed by a personal care assistant.
(i) "Instrumental activities of daily living" means activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community.
(j) "Managing employee" has the same definition as Code of Federal Regulations, title 42, section 455.
(k) "Qualified professional" means a professional providing supervision of personal care assistance services and staff as defined in section 256B.0625, subdivision 19c.
(l) "Personal care assistance provider agency" means a medical assistance enrolled provider that provides or assists with providing personal care assistance services and includes a personal care assistance provider organization, personal care assistance choice agency, class A licensed nursing agency, and Medicare-certified home health agency.
(m) "Personal care assistant" or "PCA" means an individual employed by a personal care assistance agency who provides personal care assistance services.
(n) "Personal care assistance care plan" means a written description of personal care assistance services developed by the personal care assistance provider according to the service plan.
(o) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.
(p) "Self-administered medication" means medication taken orally, by injection or insertion, or applied topically without the need for assistance.
(q) "Service plan" means a written summary of the assessment and description of the services needed by the recipient.
(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and contributions to employee retirement accounts.
Sec. 9. Minnesota Statutes 2010, section 256B.0659, subdivision 3, is amended to read:
Subd. 3. Noncovered personal care assistance services. (a) Personal care assistance services are not eligible for medical assistance payment under this section when provided:
(1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal guardian, licensed foster provider, except as allowed under section 256B.0652, subdivision 10, or responsible party;
(2) in lieu of other staffing options order
to meet staffing or license requirements in a residential or child care
setting;
(3) solely as a child care or babysitting service; or
(4) without authorization by the commissioner or the commissioner's designee.
(b) The following personal care services are not eligible for medical assistance payment under this section when provided in residential settings:
(1) effective January 1, 2010, when
the provider of home care services who is not related by blood, marriage, or
adoption owns or otherwise controls the living arrangement, including licensed
or unlicensed services; or
(2) when personal care assistance services are the responsibility of a residential or program license holder under the terms of a service agreement and administrative rules.
(c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible for medical assistance reimbursement for personal care assistance services under this section include:
(1) sterile procedures;
(2) injections of fluids and medications into veins, muscles, or skin;
(3) home maintenance or chore services;
(4) homemaker services not an integral part of assessed personal care assistance services needed by a recipient;
(5) application of restraints or implementation of procedures under section 245.825;
(6) instrumental activities of daily living for children under the age of 18, except when immediate attention is needed for health or hygiene reasons integral to the personal care services and the need is listed in the service plan by the assessor; and
(7) assessments for personal care assistance services by personal care assistance provider agencies or by independently enrolled registered nurses.
Sec. 10. Minnesota Statutes 2010, section 256B.0659, subdivision 9, is amended to read:
Subd. 9. Responsible party; generally. (a) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.
(b) A responsible party must be 18 years of age, actively participate in planning and directing of personal care assistance services, and attend all assessments for the recipient.
(c) A responsible party must not be the:
(1) personal care assistant;
(2) qualified professional;
(3) home care provider agency owner
or staff manager; or
(4) home care provider agency staff
unless staff who are not listed in clauses (1) to (3) are related to the
recipient by blood, marriage, or adoption; or
(3) (5) county staff acting
as part of employment.
(d) A licensed family foster parent who lives with the recipient may be the responsible party as long as the family foster parent meets the other responsible party requirements.
(e) A responsible party is required when:
(1) the person is a minor according to section 524.5-102, subdivision 10;
(2) the person is an incapacitated adult according to section 524.5-102, subdivision 6, resulting in a court-appointed guardian; or
(3) the assessment according to subdivision 3a determines that the recipient is in need of a responsible party to direct the recipient's care.
(f) There may be two persons designated as the responsible party for reasons such as divided households and court-ordered custodies. Each person named as responsible party must meet the program criteria and responsibilities.
(g) The recipient or the recipient's legal representative shall appoint a responsible party if necessary to direct and supervise the care provided to the recipient. The responsible party must be identified at the time of assessment and listed on the recipient's service agreement and personal care assistance care plan.
Sec. 11. Minnesota Statutes 2010, section 256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal care assistant; requirements. (a) A personal care assistant must meet the following requirements:
(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:
(i) supervision by a qualified professional every 60 days; and
(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;
(2) be employed by a personal care assistance provider agency;
(3) enroll with the department as a personal care assistant after clearing a background study. Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:
(i) not disqualified under section 245C.14; or
(ii) is disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;
(4) be able to effectively communicate with the recipient and personal care assistance provider agency;
(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional or physician;
(6) not be a consumer of personal care assistance services;
(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;
(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment. The training must be available in languages other than English and to those who need accommodations due to disabilities. Personal care assistant training must include successful completion of the following training components: basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets. Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;
(9) complete training and orientation on the
needs of the recipient within the first seven days after the services begin;
and
(10) be limited to providing and being paid
for up to 275 hours per month, except that this limit shall be 275 hours per
month for the period July 1, 2009, through June 30, 2011, of personal care
assistance services regardless of the number of recipients being served or the
number of personal care assistance provider agencies enrolled with. The number of hours worked per day shall not
be disallowed by the department unless in violation of the law.
(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).
(c) Effective January 1, 2010, Persons
who do not qualify as a personal care assistant include parents and,
stepparents, and legal guardians of minors,; spouses,;
paid legal guardians, of adults; family foster care providers,
except as otherwise allowed in section 256B.0625, subdivision 19a, or;
and staff of a residential setting.
Sec. 12. Minnesota Statutes 2010, section 256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified professional; qualifications. (a) The qualified professional must work for a personal care assistance provider agency and meet the definition under section 256B.0625, subdivision 19c. Before a qualified professional provides services, the personal care assistance provider agency must initiate a background study on the qualified professional under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the qualified professional:
(1) is not disqualified under section 245C.14; or
(2) is disqualified, but the qualified professional has received a set aside of the disqualification under section 245C.22.
(b) The qualified professional shall perform the duties of training, supervision, and evaluation of the personal care assistance staff and evaluation of the effectiveness of personal care assistance services. The qualified professional shall:
(1) develop and monitor with the recipient a personal care assistance care plan based on the service plan and individualized needs of the recipient;
(2) develop and monitor with the recipient a monthly plan for the use of personal care assistance services;
(3) review documentation of personal care assistance services provided;
(4) provide training and ensure competency for the personal care assistant in the individual needs of the recipient; and
(5) document all training, communication, evaluations, and needed actions to improve performance of the personal care assistants.
(c) Effective July 1, 2010 2011,
the qualified professional shall complete the provider training with basic
information about the personal care assistance program approved by the
commissioner. Newly hired qualified
professionals must complete the training within six months of the date
hired by a personal care assistance provider agency. Qualified professionals who have completed
the required training as a worker from a personal care assistance provider
agency do not need to repeat the required training if they are hired by another
agency, if they have completed the training within the last three years. The required training shall must
be available in languages other than English and to those who need
accommodations due to disabilities, with meaningful access according to
title VI of the Civil Rights Act and federal regulations adopted under that law
or any guidance from the United States Health and Human Services
Department. The required training must
be available online, or by electronic remote connection, and. The required training must provide for
competency testing to demonstrate an understanding of the content without
attending in-person training. A
qualified professional is allowed to be employed and is not subject to the
training requirement until the training is offered online or through remote
electronic connection. A qualified
professional employed by a personal care assistance provider agency certified
for participation in Medicare as a home health agency is exempt from the
training required in this subdivision. When
available, the qualified professional working for a Medicare-certified home
health agency must successfully complete the competency test. The commissioner shall ensure there is a
mechanism in place to verify the identity of persons completing the competency
testing electronically.
Sec. 13. Minnesota Statutes 2010, section 256B.0659, subdivision 14, is amended to read:
Subd. 14. Qualified professional; duties. (a) Effective January 1, 2010, all personal care assistants must be supervised by a qualified professional.
(b) Through direct training, observation, return demonstrations, and consultation with the staff and the recipient, the qualified professional must ensure and document that the personal care assistant is:
(1) capable of providing the required personal care assistance services;
(2) knowledgeable about the plan of personal care assistance services before services are performed; and
(3) able to identify conditions that should be immediately brought to the attention of the qualified professional.
(c) The qualified professional shall evaluate the personal care assistant within the first 14 days of starting to provide regularly scheduled services for a recipient, or sooner as determined by the qualified professional, except for the personal care assistance choice option under subdivision 19, paragraph (a), clause (4). For the initial evaluation, the qualified professional shall evaluate the personal care assistance services for a recipient through direct observation of a personal care assistant's work. The qualified professional may conduct additional training and evaluation visits, based upon the needs of the recipient and the personal care assistant's ability to meet those needs. Subsequent visits to evaluate the personal care assistance services provided to a recipient do not require direct observation of each personal care assistant's work and shall occur:
(1) at least every 90 days thereafter for the first year of a recipient's services;
(2) every 120 days after the first year of a recipient's service or whenever needed for response to a recipient's request for increased supervision of the personal care assistance staff; and
(3) after the first 180 days of a recipient's service, supervisory visits may alternate between unscheduled phone or Internet technology and in-person visits, unless the in-person visits are needed according to the care plan.
(d) Communication with the recipient is a part of the evaluation process of the personal care assistance staff.
(e) At each supervisory visit, the qualified professional shall evaluate personal care assistance services including the following information:
(1) satisfaction level of the recipient with personal care assistance services;
(2) review of the month-to-month plan for use of personal care assistance services;
(3) review of documentation of personal care assistance services provided;
(4) whether the personal care assistance services are meeting the goals of the service as stated in the personal care assistance care plan and service plan;
(5) a written record of the results of the evaluation and actions taken to correct any deficiencies in the work of a personal care assistant; and
(6) revision of the personal care assistance care plan as necessary in consultation with the recipient or responsible party, to meet the needs of the recipient.
(f) The qualified professional shall complete the required documentation in the agency recipient and employee files and the recipient's home, including the following documentation:
(1) the personal care assistance care plan based on the service plan and individualized needs of the recipient;
(2) a month-to-month plan for use of personal care assistance services;
(3) changes in need of the recipient requiring a change to the level of service and the personal care assistance care plan;
(4)
evaluation results of supervision visits and identified issues with personal
care assistance staff with actions taken;
(5) all communication with the recipient and personal care assistance staff; and
(6) hands-on training or individualized training for the care of the recipient.
(g) The documentation in paragraph (f) must
be done on agency forms templates.
(h) The services that are not eligible for payment as qualified professional services include:
(1) direct professional nursing tasks that could be assessed and authorized as skilled nursing tasks;
(2) supervision of personal care
assistance completed by telephone;
(3) (2) agency administrative
activities;
(4) (3) training other than the
individualized training required to provide care for a recipient; and
(5) (4) any other activity that
is not described in this section.
Sec. 14. Minnesota Statutes 2010, section 256B.0659, subdivision 19, is amended to read:
Subd. 19. Personal care assistance choice option; qualifications; duties. (a) Under personal care assistance choice, the recipient or responsible party shall:
(1) recruit, hire, schedule, and terminate personal care assistants according to the terms of the written agreement required under subdivision 20, paragraph (a);
(2) develop a personal care assistance care plan based on the assessed needs and addressing the health and safety of the recipient with the assistance of a qualified professional as needed;
(3) orient and train the personal care assistant with assistance as needed from the qualified professional;
(4) effective January 1, 2010, supervise and evaluate the personal care assistant with the qualified professional, who is required to visit the recipient at least every 180 days;
(5) monitor and verify in writing and report to the personal care assistance choice agency the number of hours worked by the personal care assistant and the qualified professional;
(6) engage
in an annual face-to-face reassessment to determine continuing eligibility and
service authorization; and
(7) use the same personal care assistance choice provider agency if shared personal assistance care is being used.
(b) The personal care assistance choice provider agency shall:
(1) meet all personal care assistance provider agency standards;
(2) enter into a written agreement with the recipient, responsible party, and personal care assistants;
(3) not be related as a parent, child,
sibling, or spouse to the recipient, qualified professional, or the
personal care assistant; and
(4) ensure arm's-length transactions without undue influence or coercion with the recipient and personal care assistant.
(c) The duties of the personal care assistance choice provider agency are to:
(1) be the employer of the personal care assistant and the qualified professional for employment law and related regulations including, but not limited to, purchasing and maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, and liability insurance, and submit any or all necessary documentation including, but not limited to, workers' compensation and unemployment insurance;
(2) bill the medical assistance program for personal care assistance services and qualified professional services;