STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2014
_____________________
EIGHTIETH
DAY
Saint Paul, Minnesota, Tuesday, April 1, 2014
The House of Representatives convened at 10:00
a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Hans
Jorgensen, St. Timothy Lutheran Church, St. Paul, 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:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
A quorum was present.
Abeler; Anderson, M.; Atkins; Gruenhagen;
Hoppe; Howe; Kieffer; Lohmer; Mack; McDonald; O'Neill; Persell; Sanders and
Zellers 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 CHIEF CLERK
S. F. No. 1509 and
H. F. No. 1631, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mariani moved that the rules be so far
suspended that S. F. No. 1509 be substituted for
H. F. No. 1631 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 2180, A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; amending Minnesota Statutes 2012, sections 43A.316, subdivision 10, by adding a subdivision; 123B.09, subdivision 12; 123B.75, by adding a subdivision; 471.6161, subdivisions 1, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivisions 4a, 11, 21.
Reported the same back with the following amendments:
Page 3, delete lines 21 to 24, and insert:
"(f) A charter school board member, employee, or officer is a local official for purposes of section 471.895 with regard to receipt of gifts as defined under section 10A.071, subdivision 1, paragraph (b). A board member, employee, or officer must not receive compensation from a group health insurance provider."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Lesch from the Committee on Civil Law to which was referred:
H. F. No. 2281,
A bill for an act relating to public safety; specifying that driving while
impaired constitutes a breach of the peace for purposes of the
Constitution; proposing coding for new law in Minnesota Statutes, chapter 169A.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"Section 1. [3.022]
REVIEW OF ARREST.
Any documentation issued by a
government agency which reproduces the text of the Minnesota Constitution,
article IV, section 10, must include the following language: "Any arrest under this provision is
immediately reviewable before a neutral judicial officer."
Sec. 2. Minnesota Statutes 2012, section 3.151, is amended to read:
3.151
DISTURBING LEGISLATURE OR INTIMIDATING MEMBER.
(a) A person is guilty of a gross misdemeanor who:
(1) willfully disturbs the legislature, or either house of it, while in session;
(2) commits disorderly conduct in the presence and view of either house, tending to interrupt its proceedings or impair the respect due to its authority; or
(3) willfully, by intimidation or otherwise, prevents a member of the legislature from attending a session of the member's house, or of a committee of it, or from giving the member's vote upon a question which may come before the house, or from performing any other official act, including an arrest, or attempted arrest, of a member of the legislature by a licensed peace officer for the primary purpose of delaying or preventing the performance of any official act.
(b) Nothing in this section limits the authority of a licensed peace officer to arrest or detain a member of the legislature, upon probable cause that the member has violated any provision of chapter 169A while traveling to a session of the member's house, or of a committee of it, provided that the arrest or detention is processed in an expedited manner and the member is delivered to the sergeant-at-arms of the house of representatives or the senate without unreasonable delay."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, after the semicolon, insert "clarifying legislators' privilege from arrest;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2313, A bill for an act relating to public employment; changing the definition of a confidential employee; amending Minnesota Statutes 2012, section 179A.03, subdivision 4.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 2658, A bill for an act relating to workers' compensation; adopting the recommendations of the Workers' Compensation Advisory Council; amending Minnesota Statutes 2012, sections 176.129, subdivisions 2a, 7; 176.135, subdivision 7; 176.136, subdivision 1a; 176.231, subdivision 2; 176.305, subdivision 1a; Minnesota Statutes 2013 Supplement, section 176.011, subdivision 15; repealing Minnesota Statutes 2012, sections 175.006, subdivision 1; 175.08; 175.14; 175.26; 176.1311; 176.136, subdivision 3; 176.2615; 176.641.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 2724, A bill for an act relating to state government; regulating agency rulemaking; amending Minnesota Statutes 2012, sections 3.842, subdivision 4a; 14.05, subdivisions 5, 6, by adding a subdivision; 14.07, subdivision 4; 14.08; 14.101, subdivision 1; 14.116; 14.125; 14.126, subdivision 2; 14.131; 14.14, subdivisions 1a, 2a; 14.15, subdivision 1; 14.16, subdivisions 1, 3; 14.22; 14.25; 14.26; 14.365; 14.388, subdivision 1; 14.389, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 14; repealing Minnesota Statutes 2012, sections 14.04; 14.101, subdivisions 3, 4; 14.14, subdivision 1b; 14.23; 14.3895.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 3.842, subdivision 4a, is amended to read:
Subd. 4a. Objections
to rules. (a) For purposes of this
subdivision, "committee" means the house of representatives policy
committee or senate policy committee with primary jurisdiction over state
governmental operations. The commission
or a committee may object to a rule as provided in this subdivision. If the commission or a committee objects to
all or some portion of a rule because the commission or committee considers it
to be beyond the procedural or substantive authority delegated to the agency,
including a proposed rule submitted under section 14.15, subdivision 4, or
14.26, subdivision 3, paragraph (c) 6, the commission or
committee may file that objection in the Office of the Secretary of State. The filed objection must contain a concise
statement of the commission's or committee's reasons for its action. An objection to a proposed rule submitted by
the commission or a committee under section 14.15, subdivision 4, or 14.26,
subdivision 3, paragraph (c) 6, may not be filed before the rule
is adopted.
(b) The secretary of state shall affix to each objection a certification of the date and time of its filing and as soon after the objection is filed as practicable shall transmit a certified copy of it to the agency issuing the rule in question and to the revisor of statutes. The secretary of state shall also maintain a permanent register open to public inspection of all objections by the commission or committee.
(c) The commission or committee shall publish and index an objection filed under this section in the next issue of the State Register. The revisor of statutes shall indicate the existence of the objection adjacent to the rule in question when that rule is published in Minnesota Rules.
(d) Within 14 days after the filing of an objection by the commission or committee to a rule, the issuing agency shall respond in writing to the objecting entity. After receipt of the response, the commission or committee may withdraw or modify its objection.
(e) After the filing of an objection by the commission or committee that is not subsequently withdrawn, the burden is upon the agency in any proceeding for judicial review or for enforcement of the rule to establish that the whole or portion of the rule objected to is valid.
(f) The failure of the commission or a committee to object to a rule is not an implied legislative authorization of its validity.
(g) In accordance with sections 14.44 and 14.45, the commission or a committee may petition for a declaratory judgment to determine the validity of a rule objected to by the commission or committee. The action must be started within two years after an objection is filed in the Office of the Secretary of State.
(h) The commission or a committee may intervene in litigation arising from agency action. For purposes of this paragraph, agency action means the whole or part of a rule, or the failure to issue a rule.
Sec. 2. Minnesota Statutes 2012, section 14.05, is amended by adding a subdivision to read:
Subd. 5a. Review
and repeal of rules. By
December 1 of each odd-numbered year, beginning December 1, 2015, an agency
must submit to the governor, the Legislative Coordinating Commission, the
policy and funding committees and divisions with jurisdiction over the agency,
and the revisor of statutes, a list of any rules or portions of rules that are
obsolete, unnecessary, or duplicative of other state or federal statutes or
rules. The list must also include an
explanation of why the rule or portion of the rule is obsolete, unnecessary, or
duplicative of other state or federal statutes or rules. The agency must either report a timetable for
repeal of the rule or portion of the rule, or must develop a bill for
submission to the appropriate policy committee to repeal the obsolete, unnecessary,
or duplicative rule. A report submitted
under this subdivision must be signed by the person in the agency who is
responsible for identifying and initiating repeal of obsolete rules. The report also must identify the status of
any rules identified in the prior report as obsolete, unnecessary, or
duplicative. If none of an agency's
rules are obsolete, unnecessary, or duplicative, an agency's report must state
that conclusion.
Sec. 3. Minnesota Statutes 2012, section 14.05, subdivision 6, is amended to read:
Subd. 6. Veto
of adopted rules. The governor may
veto all or a severable portion of a rule of an agency as defined in section
14.02, subdivisions 2 and 4, by submitting notice of the veto to the State
Register within 14 days of receiving a copy of the rule from the secretary of
state under section 14.16, subdivision 3, 14.26, subdivision 3, or 14.386 or
the agency under section 14.389, subdivision 3, or section 14.3895. The veto is effective when the veto notice is
submitted to the State Register. This
authority applies only to the extent that the agency itself would have
authority, through rulemaking, to take such action. If the governor vetoes a rule or portion of a
rule under this section, the governor shall notify the chairs of the legislative
committees having jurisdiction over the agency whose rule was vetoed.
Sec. 4. Minnesota Statutes 2012, section 14.05, is amended by adding a subdivision to read:
Subd. 7. Electronic
notices permitted. If
sections 14.05 to 14.389 require an agency to provide notice or documents to
the public, the legislature, or another state agency, the agency may send the
notice or document, or a link to the notice or document, using any reliable
method of electronic transmission. An
agency may file rule-related documents with the Office of Administrative
Hearings by electronic transmission in the manner approved by that office and
the Office of the Revisor of Statutes by electronic transmission in the manner
approved by that office.
Sec. 5. Minnesota Statutes 2012, section 14.07, subdivision 4, is amended to read:
Subd. 4. Incorporations by reference. (a) An agency may incorporate by reference into its rules the text from Minnesota Statutes, Minnesota Rules, United States Statutes at Large, United States Code, Laws of Minnesota, Code of Federal Regulations, the Federal Register, and other publications and documents which are determined by the
revisor of statutes, to be conveniently available to the public. If the rule incorporates by reference other publications and documents, the rule must contain a statement of incorporation. The statement of incorporation by reference must include the words "incorporated by reference"; must identify by title, author, publisher, and, if applicable, date of publication of the standard or material to be incorporated; must state whether the material is subject to frequent change; and must contain a statement of availability. When presented with a rule for certification pursuant to subdivision 2 and this subdivision, the revisor of statutes should indicate in the certification that the rule incorporates by reference text from other publications or documents. If the revisor certifies that the form of a rule is approved, that approval constitutes the revisor's finding that the publication or other document other than one listed by name in this subdivision, and which is incorporated by reference into the rules, is conveniently available to the public.
(b) For the purposes of paragraph (a), "conveniently available to the public" means available on the Internet without charge, or available for loan or inspection and copying to a person living anywhere in Minnesota through a statewide interlibrary loan system or in a public library without charge except for reasonable copying fees and mailing costs.
Sec. 6. Minnesota Statutes 2012, section 14.08, is amended to read:
14.08
APPROVAL OF RULE AND RULE FORM; COSTS.
(a) One copy of a rule adopted under section 14.26 must be submitted by the agency to the chief administrative law judge. The chief administrative law judge shall request from the revisor certified copies of the rule when it is submitted by the agency under section 14.26. Within five days after the request for certification of the rule is received by the revisor, excluding weekends and holidays, the revisor shall either return the rule with a certificate of approval of the form of the rule to the chief administrative law judge or notify the chief administrative law judge and the agency that the form of the rule will not be approved.
If the chief administrative law judge disapproves a rule, the agency may modify it and the agency shall submit one copy of the modified rule, approved as to form by the revisor, to the chief administrative law judge.
(b) One copy of a rule adopted after a public hearing must be submitted by the agency to the chief administrative law judge. The chief administrative law judge shall request from the revisor certified copies of the rule when it is submitted by the agency. Within five working days after receipt of the request, the revisor shall either return the rule with a certificate of approval to the chief administrative law judge or notify the chief administrative law judge and the agency that the form of the rule will not be approved.
(c) If the revisor refuses to approve the form of the rule, the revisor's notice must revise the rule so it is in the correct form.
(d) After the agency has notified the
chief administrative law judge that it has adopted the rule, the chief
administrative law judge shall promptly file four paper copies or an electronic
copy of the adopted rule in the Office of the Secretary of State. The secretary of state shall forward one copy
of each rule filed to the agency, to the revisor of statutes, and to the
governor.
(d) (e) The chief
administrative law judge shall assess an agency for the actual cost of
processing rules under this section.
Each agency shall include in its budget money to pay the
assessments. Receipts from the
assessment must be deposited in the administrative hearings account established
in section 14.54.
Sec. 7. Minnesota Statutes 2012, section 14.101, subdivision 1, is amended to read:
Subdivision 1. Required notice. In addition to seeking information by other methods designed to reach persons or classes of persons who might be affected by the proposal, an agency, at least 60 days before publication of a notice of intent to adopt or a notice of hearing, shall solicit comments from the public on the subject matter of a
possible rulemaking proposal under active consideration within the agency by causing notice to be published in the State Register. The notice must include a description of the subject matter of the proposal and the types of groups and individuals likely to be affected, and must indicate where, when, and how persons may comment on the proposal and whether and how drafts of any proposal may be obtained from the agency.
This notice must be published within 60 days of the effective date of any new or amendatory law requiring rules to be adopted, amended, or repealed.
An
agency intending to adopt an expedited rule under section 14.389 is exempt from
the requirements of this section.
Sec. 8. [14.105]
RULE NOTIFICATION.
Subdivision 1. Rule
notification list. (a) Each
agency shall maintain a list of all persons who have registered with the agency
for the purpose of receiving notice of rule proceedings. A person may register to receive notice of
rule proceedings by submitting to the agency:
(1) the person's electronic mail
address; or
(2)
the person's name and United States mail address, along with a request to
receive copies of the notices by mail.
(b) The agency shall post information
on its Web site describing the registration process.
(c) The agency may inquire as to whether
those persons on the list in paragraph (a) wish to remain on it and may remove
persons for whom there is a negative reply or no reply within 60 days.
Subd. 2. Additional
notice. (a) Each agency shall
make reasonable efforts to notify persons or classes of persons who may be
significantly affected by the rule being proposed by giving notice of its rule
proceedings in newsletters, newspapers, or other publications, or through other
means of communication.
(b) For each rulemaking, the agency
shall develop an additional notice plan describing its efforts to provide
additional notification to persons or classes of persons who may be affected by
the proposed rule or must explain why these efforts were not made. The additional notice plan must be submitted
to the administrative law judge with the other submissions required by section
14.14, subdivision 2a, or 14.26. The
agency also may seek prior approval of the additional notice plan under the
rules of the Office of Administrative Hearings.
Sec. 9. Minnesota Statutes 2012, section 14.116, is amended to read:
14.116
NOTICE TO LEGISLATURE.
(a) By January 15 each year, each agency
must submit its current rulemaking docket maintained under section
14.366, and the official rulemaking record required under section 14.365 for
any rule adopted during the preceding calendar year, to the chairs and
ranking minority members of the legislative policy and budget committees with
jurisdiction over the subject matter of the proposed rule.
(b) When an agency mails sends a
notice of intent to adopt rules hearing under section 14.14 or a
notice of intent to adopt rules under section 14.22, the agency must send a
copy of the same notice and a copy of the statement of need and
reasonableness to the chairs and ranking minority party members of the
legislative policy and budget committees with jurisdiction over the subject matter
of the proposed rules and to the Legislative Coordinating Commission.
(c)
In addition, if the mailing of the notice is within two years of the effective
date of the law granting the agency authority to adopt the proposed rules, the
agency shall make reasonable efforts to send a copy of the notice and the
statement to all sitting legislators who were chief house of representatives
and senate authors of the bill granting the rulemaking authority. If the bill was amended to include this
rulemaking authority, the agency shall make reasonable efforts to send the
notice and the statement to the chief house of representatives and senate
authors of the amendment granting rulemaking authority, rather than to the
chief authors of the bill.
Sec. 10. Minnesota Statutes 2012, section 14.125, is amended to read:
14.125
TIME LIMIT ON AUTHORITY TO ADOPT, AMEND, OR REPEAL RULES.
An agency shall publish a notice of
intent to adopt rules or a notice of hearing under section 14.14 or a
notice of intent to adopt rules under section 14.22 within 18 months of the
effective date of the law authorizing or requiring rules to be adopted,
amended, or repealed. If the notice is
not published within the time limit imposed by this section, the authority
for the rules expires. The agency shall
not use other law in existence at the time of the expiration of rulemaking
authority under this section as authority to adopt, amend, or repeal these
rules agency shall report to the Legislative Coordinating Commission,
other appropriate committees of the legislature, and the governor its failure
to publish a notice and the reasons for that failure.
An agency that publishes a notice of
intent to adopt rules or a notice of hearing within the time limit specified in
this section may subsequently amend or repeal the rules without additional
legislative authorization.
Sec. 11. Minnesota Statutes 2012, section 14.126, subdivision 2, is amended to read:
Subd. 2. Vote. A committee vote under this section must
be by a majority of the committee. The
vote may occur any time after the publication of the rulemaking notice under
section 14.14, subdivision 1a, 14.22, or 14.389, subdivision 2, or
14.3895, subdivision 3, and before notice of adoption is published in the
State Register under section 14.18, 14.27, or 14.389, subdivision 3,
or 14.3895, subdivision 3. A
committee voting under this section shall notify the agency, the revisor of
statutes, and the chief administrative law judge of the vote as soon as
possible. The committee shall publish notice
of the vote in the State Register as soon as possible.
Sec. 12. Minnesota Statutes 2012, section 14.131, is amended to read:
14.131
STATEMENT OF NEED AND REASONABLENESS.
By the date of the section 14.14, subdivision 1a, notice, the agency must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule. The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge and must include a citation to the most specific statutory authority for the rule and the following to the extent the agency, through reasonable effort, can ascertain this information:
(1) a description of the classes of
persons who probably will be affected by the proposed rule, including classes
that will bear the costs of the proposed rule and classes that will benefit
from the proposed rule;
(2) the probable costs to the agency
and to any other agency of the implementation and enforcement of the proposed
rule and any anticipated effect on state revenues;
(3) a determination of whether there
are less costly methods or less intrusive methods for achieving the purpose of
the proposed rule;
(4)
a description of any alternative methods for achieving the purpose of the
proposed rule that were seriously considered by the agency and the reasons why
they were rejected in favor of the proposed rule;
(5) the probable costs of complying with
the proposed rule, including the portion of the total costs that will be borne
by identifiable categories of affected parties, such as separate classes of
governmental units, businesses, or individuals;
(6) the probable costs or consequences
of not adopting the proposed rule, including those costs or consequences borne
by identifiable categories of affected parties, such as separate classes of
government units, businesses, or individuals;
(1) a description of the persons or
classifications of persons who will probably be affected by the proposed rule;
(2) the probable costs of the rule to
affected persons and the agency, including those costs or consequences borne by
identifiable categories of affected parties, such as separate classes of
government units, businesses, or individuals, and the probable benefits of
adopting the rule;
(7) (3) an assessment of any
differences between the proposed rule and existing federal regulations and a
specific analysis of the need for and reasonableness of each difference; and
(8) (4) an assessment of the
cumulative effect of the rule with other federal and state regulations related
to the specific purpose of the rule.
The statement must describe how the
agency, in developing the rules, considered and implemented the legislative
policy supporting performance-based regulatory systems set forth in section
14.002.
For purposes of clause (8) (4),
"cumulative effect" means the impact that results from incremental
impact of the proposed rule in addition to other rules, regardless of what
state or federal agency has adopted the other rules. Cumulative
effects can result from individually minor but collectively significant rules
adopted over a period of time.
The statement must also describe the agency's efforts to provide additional notification under section 14.14, subdivision 1a, to persons or classes of persons who may be affected by the proposed rule or must explain why these efforts were not made.
The agency must consult with the
commissioner of management and budget to help evaluate the fiscal impact and
fiscal benefits of the proposed rule on units of local government. The agency must send a copy of the statement
of need and reasonableness to the Legislative Reference Library no later
than when the notice of hearing is mailed under section 14.14,
subdivision 1a sent.
Sec. 13. Minnesota Statutes 2012, section 14.14, subdivision 1a, is amended to read:
Subd. 1a. Notice
of rule hearing. (a) Each agency
shall maintain a list of all persons who have registered with the agency for
the purpose of receiving notice of rule proceedings. Persons may register to receive notice of
rule proceedings by submitting to the agency:
(1) their electronic mail address; or
(2) their name and United States mail
address.
The agency may inquire as to whether those persons on the
list wish to remain on it and may remove persons for whom there is a negative
reply or no reply within 60 days.
The agency shall, at least 30 days before the date set for the hearing,
give notice of its intention to adopt hold a hearing on the proposed
rules by United States mail or electronic mail to all persons on its list
who have registered their names with the agency under section 14.105,
and by publication in the State Register.
The
mailed notice must include either a copy of the proposed rule or an easily
readable and understandable description of its nature and effect and an
announcement that a free copy of the proposed rule is available on request from
the agency. In addition, each agency
shall make reasonable efforts to notify persons or classes of persons who may
be significantly affected by the rule being proposed by giving notice of its
intention in newsletters, newspapers, or other publications, or through other
means of communication. The notice
in the State Register must include the proposed rule or an amended rule in the
form required by the revisor under section 14.07, together with an easily
readable and understandable summary of the overall nature and effect of the
proposed rule, a citation to the most specific statutory authority for the
proposed rule, a statement of the place, date, and time of the public hearing, a
statement that a free copy of the proposed rule and the statement of need and
reasonableness may be requested from the agency, a statement that persons
may register with the agency for the purpose of receiving notice of rule proceedings and notice that the agency intends
to adopt a rule and other information required by law or rule. When an entire rule is proposed to be
repealed, the agency need only publish that fact, along with an easily readable
and understandable summary of the overall nature of the rules proposed for
repeal, and a citation to the rule to be repealed.
The mailed notice of hearing must be the
same as the notice published in the State Register, except that the mailed
notice may omit the text of the proposed rule.
(b) The
chief administrative law judge may authorize an agency to omit from the notice
of rule hearing the text of any proposed rule, the publication of which would
be unduly cumbersome, expensive, or otherwise inexpedient if:
(1) knowledge of the rule is likely to be important to only a small class of persons;
(2) the notice of rule hearing states that a free copy of the entire rule is available upon request to the agency; and
(3) the notice of rule hearing states in detail the specific subject matter of the omitted rule, cites the statutory authority for the proposed rule, and details the proposed rule's purpose and motivation.
Sec. 14. Minnesota Statutes 2012, section 14.14, subdivision 2a, is amended to read:
Subd. 2a. Hearing procedure. When a hearing is held on a proposed rule, it shall be conducted by an administrative law judge assigned by the chief administrative law judge. The administrative law judge shall ensure that all persons involved in the rule hearing are treated fairly and impartially. The agency shall submit into the record the jurisdictional documents, including the statement of need and reasonableness, comments and hearing requests received, and any written exhibits in support of the proposed rule. The agency may also present additional oral evidence. Interested persons may present written and oral evidence. The administrative law judge shall allow questioning of agency representatives or witnesses, or of interested persons making oral statements, in order to explain the purpose or intended operation of a proposed rule, or a suggested modification, or for other purposes if material to the evaluation or formulation of the proposed rule. The administrative law judge may limit repetitive or immaterial oral statements and questioning.
Sec. 15. Minnesota Statutes 2012, section 14.16, subdivision 3, is amended to read:
Subd. 3. Filing. After the agency has adopted provided
the chief administrative law judge with a signed order adopting the rule,
the agency chief administrative law judge shall promptly file three
four paper copies or an electronic copy of it the
adopted rule in the Office of the Secretary of State. The secretary of state shall forward one copy
of each rule filed to the agency, to the revisor of statutes, and
to the governor.
Sec. 16. Minnesota Statutes 2012, section 14.22, is amended to read:
14.22
NOTICE OF PROPOSED ADOPTION OF RULES.
Subdivision 1. Contents. (a) Unless an agency proceeds directly
to a public hearing on a proposed rule and gives the notice prescribed in
section 14.14, subdivision 1a, the agency shall give notice of its intention to
adopt a rule without public hearing.
The agency shall give the notice required by this section, unless the
agency gives notice
of
a hearing under section 14.14. The agency
shall give notice must be given of its intention to adopt a rule
by publication in the State Register and by United States mail or electronic
mail to persons who have registered their names with the agency under section 14.14,
subdivision 1a 14.105. The
mailed notice must include either a copy of the proposed rule or an easily
readable and understandable description of its nature and effect and an
announcement that a free copy of the proposed rule is available on request from
the agency. In addition, each agency
shall make reasonable efforts to notify persons or classes of persons who may
be significantly affected by the rule by giving notice of its intention in
newsletters, newspapers, or other publications, or through other means of communication. The notice in the State Register must include
the proposed rule or the amended rule in the form required by the
revisor under section 14.07,; an easily readable and
understandable summary of the overall nature and effect of the proposed rule,;
a citation to the most specific statutory authority for the proposed rule,;
a statement that persons may register with the agency for the purpose of
receiving to receive notice of rule proceedings and notice that a
rule has been submitted to the chief administrative law judge,; and
other information required by law or rule.
When an entire rule is proposed to be repealed, the notice need only
state that fact, along with an easily readable and understandable summary of
the overall nature of the rules rule proposed for repeal, and a
citation to the rule to be repealed. The
notice must include a statement advising the public:
(1) that the public has at least 30 days in which to submit comment in support of or in opposition to the proposed rule and that comment is encouraged;
(2) that each comment should identify the portion of the proposed rule addressed, the reason for the comment, and any change proposed;
(3) that the requester is encouraged to
propose any change desired;
(3) (4) that if 25 50
or more persons submit a written request for a public hearing within the 30-day
comment period, a public hearing will be held and the agency will use the
process under section 14.14;
(4) (5) of the manner in
which persons must request a public hearing on the proposed rule, including
the requirements contained in section 14.25 relating to a written request for a
public hearing; and
(5) of the requirements contained in
section 14.25 relating to a written request for a public hearing, and that the
requester is encouraged to propose any change desired;
(6) that the agency may modify the
proposed rule may be modified if the modifications are supported by the
data and views submitted; and.
(7) that if a hearing is not required,
notice of the date of submission of the proposed rule to the chief
administrative law judge for review will be mailed to any person requesting to
receive the notice.
In connection with the statements required
in clauses (1) and (3) (4), the notice must also include the date
on which the 30-day comment period ends.
The mailed notice of intent to adopt a rule must be the same as the
notice published in the State Register, except that the mailed notice may omit
the text of the proposed rule if it includes an announcement of where a copy of
the proposed rule may be obtained.
(b) The chief administrative law judge may authorize an agency to omit from the notice of intent to adopt the text of any proposed rule, the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient if:
(1) knowledge of the rule is likely to be important to only a small class of persons;
(2) the
notice of intent to adopt states that a free copy of the entire rule is
available upon request to the agency; and
(3) the notice of intent to adopt states in detail the specific subject matter of the omitted rule, cites the statutory authority for the proposed rule, and details the proposed rule's purpose and motivation.
Subd. 2. Dual
notices. The agency may, at the same
time notice is given under subdivision 1, give notice of a public hearing and
of its intention to proceed under sections 14.14 to 14.20, if one is required
under section 14.25. The notice must
include a statement advising the public of its intention to cancel the public
hearing if 25 50 or more persons do not request one. If a hearing is required, there must be at
least ten calendar days between the last day for requesting a hearing and the
day of the hearing.
Sec. 17. Minnesota Statutes 2012, section 14.23, is amended to read:
14.23
STATEMENT OF NEED AND REASONABLENESS.
By the date of the section 14.22 notice,
the agency shall prepare a statement of need and reasonableness, which must be
available to the public. The statement
of need and reasonableness must include the analysis information
required in section 14.131. The
statement must also describe the agency's efforts to provide additional
notification under section 14.22 to persons or classes of persons who may be
affected by the proposed rules or must explain why these efforts were not
made. For at least 30 days following the
notice, the agency shall afford the public an opportunity to request a public
hearing and to submit data and views on the proposed rule in writing.
The agency shall send a copy of the
statement of need and reasonableness to the Legislative Reference Library no
later than when the notice of intent to adopt is mailed sent.
Sec. 18. Minnesota Statutes 2012, section 14.25, is amended to read:
14.25
PUBLIC HEARING.
Subdivision 1. Requests
for hearing. If, during the 30-day
period allowed for comment under section 14.22, 25 50 or
more persons submit to the agency a written request for a public hearing of the
proposed rule, the agency shall proceed under the provisions of sections 14.14
to 14.20. The written request must
include: (1) the name and address of the
person requesting the public hearing; and (2) the portion or portions of
the rule to which the person objects or a statement that the person opposes
the entire rule. If not previously
published under section 14.22, subdivision 2, a notice of the public hearing
must be published in the State Register and mailed to those persons who
submitted a written request for the public hearing. Unless the agency has modified the proposed
rule, the notice need not include the text of the proposed rule but only a
citation to the State Register pages where the text appears; and (3) the
reasons for the objection to each portion of the rule identified.
A written request for a public hearing that does not comply with the requirements of this section is invalid and may not be counted by the agency for purposes of determining whether a public hearing must be held.
Subd. 2. Withdrawal
of hearing requests. If a request
for a public hearing has been withdrawn so as to reduce the number of requests
below 25 50, the agency must give written notice of that fact to
all persons who have requested the public hearing. No public hearing may be canceled by an
agency within three working days of the hearing. The notice must explain why the request is
being withdrawn, and must include a description of any action the agency has
taken or will take that affected or may have affected the decision to withdraw
the requests. The notice must also
invite persons to submit written comments within five working days to the agency
relating to the withdrawal. The notice
and any written comments received by the agency is part of the rulemaking
record submitted to the administrative law judge under section 14.14 or
14.26. The administrative law judge
shall review the notice and any comments received and determine whether the
withdrawal is consistent with section 14.001, clauses (2), (4), and (5).
This subdivision applies only to a withdrawal of a hearing request that affects whether a public hearing must be held and only if the agency has taken any action to obtain the withdrawal of the hearing request.
Sec. 19. Minnesota Statutes 2012, section 14.26, is amended to read:
14.26
ADOPTION OF PROPOSED RULE; SUBMISSION TO ADMINISTRATIVE LAW JUDGE.
Subdivision 1. Submission. If no hearing is required, the agency shall submit to an administrative law judge assigned by the chief administrative law judge the proposed rule and notice as published, the rule as adopted, any written comments received by the agency, and a statement of need and reasonableness for the rule. The agency shall give notice to all persons who requested to be informed that these materials have been submitted to the administrative law judge. This notice must be given on the same day that the record is submitted. If the proposed rule has been modified, the notice must state that fact, and must also state that a free copy of the proposed rule, as modified, is available upon request from the agency. The rule and these materials must be submitted to the administrative law judge within 180 days of the day that the comment period for the rule is over or the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28, with the exception of section 14.101, if the noncompliance is approved by the chief administrative law judge. The agency shall report its failure to adopt the rules and the reasons for that failure to the Legislative Coordinating Commission, other appropriate legislative committees, and the governor.
Subd. 2. Resubmission. Even if the 180-day period expires while
the administrative law judge reviews the rule, if the administrative law judge
rejects the rule, the agency may resubmit it after taking corrective
action. The resubmission must occur
within 30 days of when the agency receives written notice of the
disapproval. If the rule is again
disapproved, the rule is withdrawn. An
agency may resubmit at any time before the expiration of the 180-day
period. If the agency withholds some of
the proposed rule, it may not adopt the withheld portion without again
following the procedures of sections 14.14 to 14.28.
Subd. 3. Review. (a) Within 14 days of receiving
a submission under subdivision 1, the administrative law judge shall
approve or disapprove the rule as to its legality and its form to the extent
that the form relates to legality, including the issues of whether the rule if
modified is substantially different, as determined under section 14.05,
subdivision 2, from the rule as originally proposed, whether the agency has the
authority to adopt the rule, and whether the record demonstrates a rational
basis for the need for and reasonableness of the proposed rule. If the rule is approved, the
administrative law judge shall promptly file four copies of it in the Office of
the Secretary of State. The secretary of
state shall forward one copy of each rule to the revisor of statutes, one to
the agency, and one to the governor.
If the rule is disapproved, the administrative law judge shall state in
writing the reasons for the disapproval and make recommendations to overcome
the defects.
Subd. 4. Harmless
error. The administrative law
judge shall disregard any error or defect in the proceeding due to the agency's
failure to satisfy any procedural requirements imposed by law or rule if the
administrative law judge finds:
(1) that the failure did not deprive any
person or entity of an opportunity to participate meaningfully in the
rulemaking process; or
(2) that the agency has taken corrective
action to cure the error or defect so that the failure did not deprive any
person or entity of an opportunity to participate meaningfully in the
rulemaking process.
Subd. 5. Correction
of defects. (b) (a)
The written disapproval must be submitted to the chief administrative law judge
for approval. If the chief
administrative law judge approves of the findings of the administrative law
judge, the chief administrative law judge shall send the statement of the
reasons for disapproval of the rule to the agency, the Legislative Coordinating
Commission, the house of representatives and senate policy committees with
primary jurisdiction over state governmental operations, and the revisor of
statutes and advise the agency and the revisor of statutes of actions that will
correct the defects. The rule may not be
filed in the Office of the Secretary of State, nor be published, until the
chief administrative law judge determines that the defects have been corrected
or, if applicable, that the agency has satisfied the rule requirements for the
adoption of a substantially different rule.
(b)
The agency may resubmit the disapproved rule under paragraph (a) to the chief
administrative law judge after correcting the defects. If the 180-day period expires while the chief
administrative law judge is reviewing the rule, the agency may resubmit the
rule within 30 days of the date the agency received written notice of
disapproval. In all other cases, the
agency may resubmit the rule at any time before the expiration of the 180-day
period in subdivision 1. If the
resubmitted rule is disapproved by the chief administrative law judge, the rule
is withdrawn. If the agency does not
resubmit a portion of the rule, it may not adopt that portion of the rule
without again following the procedures of sections 14.14 to 14.28.
Subd. 6. Need
or reasonableness not established. (c)
If the chief administrative law judge determines that the need for or
reasonableness of the rule has not been established, and if the agency does not
elect to follow the suggested actions of the chief administrative law judge to
correct that defect, then the agency shall submit the proposed rule to the
Legislative Coordinating Commission and to the house of representatives and
senate policy committees with primary jurisdiction over state governmental
operations for advice and comment. The
agency may not adopt the rule until it has received and considered the advice
of the commission and committees. However,
the agency need not wait for advice for more than 60 days after the commission
and committees have received the agency's submission.
(d) The administrative law judge shall
disregard any error or defect in the proceeding due to the agency's failure to
satisfy any procedural requirements imposed by law or rule if the administrative
law judge finds:
(1) that the failure did not deprive
any person or entity of an opportunity to participate meaningfully in the
rulemaking process; or
(2) that the agency has taken
corrective action to cure the error or defect so that the failure did not
deprive any person or entity of an opportunity to participate meaningfully in
the rulemaking process.
Subd. 7. Filing. If the rule is approved, the
administrative law judge shall promptly file four paper copies or an electronic
copy of it in the Office of the Secretary of State. The secretary of state shall forward one copy
of each rule to the revisor of statutes, one to the agency, and one to the
governor.
Subd. 4 8. Costs. The Office of Administrative Hearings
shall assess an agency for the actual cost of processing rules under this
section. Each agency shall include in
its budget money to pay the assessment.
Receipts from the assessment must be deposited in the administrative
hearings account created in section 14.54.
Sec. 20. Minnesota Statutes 2012, section 14.388, subdivision 1, is amended to read:
Subdivision 1. Requirements. If an agency for good cause finds that the rulemaking provisions of this chapter are unnecessary, impracticable, or contrary to the public interest when adopting, amending, or repealing a rule to:
(1) address a serious and immediate threat to the public health, safety, or welfare;
(2) comply with a court order or a requirement in federal law in a manner that does not allow for compliance with sections 14.14 to 14.28;
(3) incorporate specific changes set forth in applicable statutes when no interpretation of law is required; or
(4) make changes that do not alter the sense, meaning, or effect of a rule,
the agency may adopt, amend, or repeal the rule after satisfying the requirements of subdivision 2 and section 14.386, paragraph (a), clauses (1) to (4). The agency shall incorporate its findings and a brief statement of its supporting reasons in its order adopting, amending, or repealing the rule.
After considering the agency's statement and any comments received, the Office of Administrative Hearings shall determine whether the agency has provided adequate justification for its use of this section.
Rules adopted, amended, or repealed under clauses
clause (1) and (2) are effective for a period of two years from
the date of publication of the rule in the State Register.
Rules adopted, amended, or repealed under clause (2), (3), or (4) are effective upon publication in the State Register.
Sec. 21. Minnesota Statutes 2012, section 14.389, is amended to read:
14.389
EXPEDITED PROCESS.
Subdivision 1. Application. (a) This section applies when a
law requiring or authorizing rules to be adopted states that this section must
or may be used to adopt the rules. When
a law refers to this section, the process in this section is the only process
an agency must follow for its rules to:
(1)
a law requiring or authorizing rules to be adopted states that this section
must or may be used to adopt the rules;
(2) an agency is adopting or
incorporating by reference a specific code or standard referenced in a law
requiring or authorizing rules to be adopted under this chapter;
(3) an agency is adopting or modifying
a rule to conform to a change in federal law or regulation that is binding on
the state or a state law or rule; or
(4)
an agency is repealing rules that are obsolete, unnecessary, or duplicative of
other state or federal statutes or rules.
(b) An agency may also use this process
to adopt rules it determines are noncontroversial if there is other law
authorizing the rules.
(c) Rules adopted under this section have the force and effect of law. Sections 14.19 and 14.366 apply to rules adopted under this section.
Subd. 2. Notice and comment. (a) The agency must publish notice of the proposed rule in the State Register and must mail the notice by United States mail or electronic mail to persons who have registered with the agency to receive mailed notices.
(b) The notice for rules adopted under
the authority granted in subdivision 1, paragraph (b), must include a statement
that if 50 or more persons request that the agency follow all of the
requirements for rules adopted with or without a public hearing, as
appropriate, except section 14.101, the agency shall adopt the rule only after
complying with all of the requirements for rules adopted with or without a
public hearing, as appropriate, except section 14.101. The notice must also include an easily
readable and understandable description of the purpose, nature, and effect of
the proposed rules, including a description of the persons or classes of
persons who are likely to be affected by the proposed rulemaking. A hearing request made pursuant to this
subdivision must be in writing and include:
(1) the name and address of the person requesting the agency to adopt
the rule in compliance with the procedures under sections 14.05 to 14.28; and
(2) the portion or portions of the rule to which the person objects or a
statement that the person is opposed to the entire rule.
(c) The mailed notice must include either a copy of the proposed rule or a description of the nature and effect of the proposed rule and a statement that a free copy is available from the agency upon request.
(d) The notice in the State Register must include the proposed rule or the amended rule in the form required by the revisor under section 14.07, an easily readable and understandable summary of the overall nature and effect of the proposed rule, and a citation to the most specific statutory authority for the rule, including authority for the rule to be adopted under the process in this section.
(e) The agency must allow 30 days after publication in the State Register for comment on the rule.
Subd. 3. Adoption. The agency may modify a proposed rule if the modifications do not result in a substantially different rule, as defined in section 14.05, subdivision 2, paragraphs (b) and (c). If the final rule is identical to the rule originally published in the State Register, the agency must publish a notice of adoption in the State Register. If the final rule is different from the rule originally published in the State Register, the agency must publish a copy of the changes in the State Register. The agency must also file a copy of the rule with the governor. The rule is effective upon publication in the State Register.
Subd. 4. Legal review. Before publication of the final rule in the State Register, the agency must submit the rule and its order adopting, amending, or repealing the rule to an administrative law judge in the Office of Administrative Hearings. The agency's order must include the agency's findings and a brief statement summarizing its reasons for using this expedited process. The administrative law judge shall make a determination that the agency's submission establishes the need for and reasonableness of the proposed rules and fulfills any relevant substantive or procedural requirements imposed on the agency by law or rule. This shall not be construed to mean that the agency must submit a statement of need and reasonableness as required in section 14.131. The administrative law judge shall within 14 days approve or disapprove the rule as to its legality and its form to the extent the form relates to legality.
Subd. 5. Option. A law authorizing or requiring rules to be adopted under this section may refer specifically to this subdivision. If the law contains a specific reference to this subdivision, as opposed to a general reference to this section:
(1) the notice required in subdivision 2 must include a statement that a public hearing will be held if 100 or more people request a hearing. The request must be in the manner specified in section 14.25; and
(2) if 100 or more people submit a written request for a public hearing, the agency may adopt the rule only after complying with all of the requirements of chapter 14 for rules adopted after a public hearing, except for section 14.101.
Subd. 6. Additional
notice plan. An agency
proposing expedited rules under subdivision 1 must give notice by methods
designed to reach persons or classes of persons who might be affected by the
proposal before publication of the notice required by subdivision 2 in the
State Register. The agency must submit
its additional notice plan to the Office of Administrative Hearings and receive
approval of the plan before publication.
The request for approval must include a description of the proposed
additional notice plan; a description or a draft of the proposed rules; and an
explanation of why the agency believes that its additional notice plan provides
sufficient notice. The administrative
law judge must approve or disapprove the plan within five working days after
the office receives it.
Sec. 22. REPEALER.
Minnesota Statutes 2012, sections 14.04;
14.05, subdivision 5; 14.14, subdivision 1b; and 14.3895, are repealed.
Sec. 23. EFFECTIVE
DATE; APPLICATION.
This act is effective August 1, 2014, and applies to rules for which a notice of hearing under Minnesota Statutes, section 14.14; a notice of intent to adopt under Minnesota Statutes, section 14.22; or a dual notice under Minnesota Statutes, section 14.225, is published in the State Register on or after that date."
Delete the title and insert:
"A
bill for an act relating to state government; regulating agency rulemaking;
amending Minnesota Statutes 2012, sections 3.842, subdivision 4a; 14.05,
subdivision 6, by adding subdivisions; 14.07, subdivision 4; 14.08; 14.101,
subdivision 1; 14.116; 14.125; 14.126, subdivision 2; 14.131; 14.14, subdivisions
1a, 2a; 14.16, subdivision 3; 14.22; 14.23; 14.25; 14.26; 14.388, subdivision
1; 14.389; proposing coding for new law in Minnesota Statutes, chapter 14;
repealing Minnesota Statutes 2012, sections 14.04; 14.05, subdivision 5; 14.14,
subdivision 1b; 14.3895."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 2853, A bill for an act relating to commerce; regulating certain licensees; modifying education requirements; repealing obsolete rules; making technical changes; modifying enforcement provisions; authorizing certain protective and restraining orders; regulating insurance holding company systems by enacting changes proposed by the National Association of Insurance Commissioners; amending Minnesota Statutes 2012, sections 45.027, subdivision 7; 58.12, subdivision 1; 60A.10, subdivision 1; 60D.09; 60D.15, by adding a subdivision; 60D.17, subdivisions 1, 2, 4, 6, 7; 60D.18, subdivisions 2, 6; 60D.19, subdivisions 1, 2, 3, 11, 12, by adding a subdivision; 60D.20, subdivisions 1, 3; 60D.21, subdivision 1, by adding subdivisions; 60D.22; 60D.23; 60K.54, subdivision 2; 62A.65, by adding a subdivision; 66A.01; 68A.01, subdivision 2; 68A.02, subdivision 1; 68A.04, subdivision 1; 82.55, subdivision 4; 82.641, subdivision 6; 82.81, subdivision 8; 82B.135, subdivision 1; 82B.19, subdivisions 1, 3, by adding a subdivision; 115C.02, subdivision 16; 115C.09, subdivisions 1, 2a, 3; 239.785, subdivision 6; 297I.01, subdivision 9; 327C.095, subdivision 11; 386.66; 507.401, subdivisions 1, 2, 3, 4, 5; 507.45, subdivision 4; 515B.4-109; Minnesota Statutes 2013 Supplement, sections 239.761, subdivision 8; 332A.02, subdivision 8; 559.202, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 60D; 82B; 609; repealing Minnesota Statutes 2012, section 82B.10, subdivision 7; Laws 2013, chapter 84, article 1, sections 25; 30; Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.
Reported the same back with the following amendments:
Page 1, after line 29, insert:
"Section 1. Minnesota Statutes 2012, section 45.32, is amended by adding a subdivision to read:
Subd. 2a. Qualifications
for instructors of the Minnesota Supervisor/Trainee Appraiser Course. In addition to qualifying under
subdivision 2, an instructor of the Minnesota Supervisor/Trainee Appraiser
Course offered as continuing education must:
(1) be licensed in good standing as
either a certified residential real property appraiser or a certified general
real property appraiser, and must have been so licensed for the three-year
period immediately preceding the individual's application to become an
instructor of the Minnesota Supervisor/Trainee Appraiser Course; and
(2) not have been the subject of any
license or certificate suspension or revocation, or been prohibited from
supervising activities in this state or any other state within the three years
immediately preceding the individual's application to become an instructor of
the Minnesota Supervisor/Trainee Appraiser Course.
Sec. 2. Minnesota Statutes 2012, section 45.32, is amended by adding a subdivision to read:
Subd. 3a. Qualifications
for instructors of the Minnesota Supervisor/Trainee Appraiser Course. In addition to qualifying under
subdivision 3, an instructor of the Minnesota Supervisor/Trainee Appraiser
Course offered as prelicense education must:
(1) be licensed in good standing as
either a certified residential real property appraiser or a certified general
real property appraiser, and must have been so licensed for the three-year
period immediately preceding the individual's application to become an
instructor of the Minnesota Supervisor/Trainee Appraiser Course; and
(2) not have been the subject of any
license or certificate suspension or revocation, or been prohibited from
supervising activities in this state or any other state within the three years
immediately preceding the individual's application to become an instructor of
the Minnesota Supervisor/Trainee Appraiser Course.
Sec. 3. Minnesota Statutes 2013 Supplement, section 82B.094, is amended to read:
82B.094
SUPERVISION OF TRAINEE REAL PROPERTY APPRAISERS.
(a) A certified residential real property appraiser or a certified general real property appraiser, in good standing, may engage a trainee real property appraiser to assist in the performance of real estate appraisals, provided that the certified residential real property appraiser or a certified general real property appraiser:
(1) has been licensed in good standing as
either a certified residential real property appraiser or a certified general
real property appraiser for a total of at least three years the three-year
period immediately preceding the individual's application to become a
supervisor;
(2) has completed a six-hour course, approved in advance by the commissioner and provided by an education provider approved by the commissioner, that is specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers. A course approved by the commissioner for the purposes of this section must be given the course title "Minnesota Supervisor/Trainee Appraiser Course";
(3) has not been the subject of any
license or certificate suspension or revocation or has not been prohibited from
supervising activities in this state or any other state within the previous
two three years immediately preceding the individual's application
to become a supervisor;
(4) has no more than three trainee real property appraisers working under supervision at any one time;
(5) actively and personally supervises the trainee real property appraiser, which includes ensuring that research of general and specific data has been adequately conducted and properly reported, application of appraisal principles and methodologies has been properly applied, that the analysis is sound and adequately reported, and that any analyses, opinions, or conclusions are adequately developed and reported so that the appraisal report is not misleading;
(6) discusses with the trainee real property appraiser any necessary and appropriate changes that are made to a report, involving any trainee appraiser, before it is transmitted to the client. Changes not discussed with the trainee real property appraiser that are made by the supervising appraiser must be provided in writing to the trainee real property appraiser upon completion of the appraisal report;
(7) accompanies the trainee real property appraiser on the inspections of the subject properties and drive-by inspections of the comparable sales on all appraisal assignments for which the trainee will perform work until the trainee appraiser is determined to be competent, in accordance with the competency rule of USPAP for the property type;
(8) accepts full responsibility for the appraisal report by signing and certifying that the report complies with USPAP; and
(9) reviews and signs the trainee real property appraiser's appraisal report or reports or if the trainee appraiser is not signing the report, states in the appraisal the name of the trainee and scope of the trainee's significant contribution to the report.
(b) The supervising appraiser must review and sign the applicable experience log required to be kept by the trainee real property appraiser.
(c) The supervising appraiser must notify the commissioner within ten days when the supervision of a trainee real property appraiser has terminated or when the trainee appraiser is no longer under the supervision of the supervising appraiser.
(d) The supervising appraiser must maintain a separate work file for each appraisal assignment.
(e) The supervising appraiser must verify that any trainee real property appraiser that is subject to supervision is properly licensed and in good standing with the commissioner."
Page 2, after line 3, insert:
"Sec. 5. Minnesota Statutes 2013 Supplement, section 82B.13, subdivision 1, is amended to read:
Subdivision 1. Trainee real property appraiser. (a) As a prerequisite for licensing as a trainee real property appraiser, an applicant must present evidence satisfactory to the commissioner that the person has successfully completed:
(1) at least 75 hours of prelicense courses approved by the commissioner. Fifteen of the 75 hours must include successful completion of the 15-hour national USPAP course; and
(2) in addition to the required hours
under clause (1), a six-hour course that is specifically oriented to the
requirements and responsibilities of supervisory appraisers and trainee
appraisers. A course approved by the
commissioner for the purposes of this subdivision must be given the course
title "Minnesota Supervisor/Trainee Appraiser Course." This course
must not be counted toward qualifying education to upgrade to a higher level
appraiser license.
(b) All qualifying education must be completed within the five-year period prior to the date of submission of a trainee real property appraiser license application."
Page 3, after line 24, insert:
"Sec. 10. MONEY
TRANSMITTERS; NO TRANSIT LIST; DELAYED EFFECTIVE DATE.
Notwithstanding Laws 2013, chapter 50, Minnesota Statutes 2013 Supplement, section 53B.27, subdivision 3, is effective January 1, 2016."
Page 4, delete section 2
Page 8, delete section 1
Page 9, delete section 4
Page 9, delete section 1 and insert:
"Section 1. Minnesota Statutes 2012, section 45.027, subdivision 7, is amended to read:
Subd. 7. Actions against licensees. (a) In addition to any other actions authorized by this section, the commissioner may, by order, deny, suspend, or revoke the authority or license of a person subject to the duties and responsibilities entrusted to the commissioner, as described under section 45.011, subdivision 4, or censure that person if the commissioner finds that:
(1) the order is in the public interest; and
(2) the person has violated any law, rule, or order related to the duties and responsibilities entrusted to the commissioner; or
(3) the person has provided false, misleading, or incomplete information to the commissioner or has refused to allow a reasonable inspection of records or premises; or
(4) the person has engaged in an act or practice, whether or not the act or practice directly involves the business for which the person is licensed or authorized, which demonstrates that the applicant or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or unqualified to act under the authority or license granted by the commissioner.
(b) (1) The commissioner shall
issue an order requiring a licensee or applicant for a license to show cause
why the license should not be revoked or suspended, or the licensee censured,
or the application denied and provide the licensee or applicant an
opportunity to request a hearing under the contested case provisions of chapter
14. The order must be calculated
to give reasonable notice of the time and place for a hearing on the action,
and must state the reasons for the entry of the order. The commissioner may, by order, summarily
suspend a license pending final determination of an order to show cause. If a license is suspended pending final
determination of an order to show cause, a hearing on the merits must be held
within 30 days of the issuance of the order of suspension. The order must: (i) state the reasons that an order is being
sought and whether a civil penalty is sought; and (ii) inform the licensee or
applicant that unless the licensee or applicant requests a hearing on the matter
within 30 days of receipt of the order, it becomes final by operation of law
and that a final order will be issued under paragraph (a). If a hearing is requested by the licensee or
applicant pursuant to item (ii): (A) the
commissioner shall, within 15 days of receiving the request, set the date and
time for the hearing and notify the licensee or applicant of those facts; and
(B) the commissioner may modify, vacate, or extend the order, until the
commissioner issues a final order under paragraph (a).
(2) The commissioner may, by order,
summarily suspend a license pending final determination of an order to show
cause issued under clause (1). If a
license is suspended pending final determination of an order to show cause and
the licensee requests a hearing on the matter within 30 days of receipt of the
order to show cause, a hearing on the merits must be held within 30 days of
receipt of the hearing request. The
summary suspension or summary revocation procedure does not apply to action by
the commissioner against the certificate of authority of an insurer authorized
to do business in Minnesota.
(c) All hearings must be conducted
according to chapter 14. After the
hearing, the commissioner shall enter an a final order disposing
of the matter as the facts require. If
the licensee or applicant fails to appear at a hearing after having been duly
notified of it, the person is considered in default, and the proceeding may be
determined against the licensee or applicant upon consideration of the order
to show cause, the allegations of which may be considered true. The summary suspension or summary revocation
procedures does not apply to action by the commissioner against the certificate
of authority of an insurer authorized to do business in Minnesota.
(d)
If an order becomes final because a person subject to an order does not timely
request a hearing as provided in paragraph (b) or if the petition for judicial
review is not timely filed after a hearing and a final order is issued by the
commissioner as provided in paragraph (a), the commissioner may file a
certified copy of the final order with the clerk of a court of competent
jurisdiction. The final order so filed
has the same effect as a judgment of the court and may be recorded, enforced,
or satisfied in the same manner as a judgment of the court.
(e) If a person does not comply with a
final order under this section, the commissioner may petition a court of
competent jurisdiction to enforce the order.
The court may not require the commissioner to post a bond in an action
or proceeding under this section. If the
court finds, after service and opportunity for hearing, that the person was not
in compliance with the order, the court may adjudge the person in civil
contempt of the order. The court may
impose a further civil penalty against the person for contempt in an amount up
to $10,000 for each violation and may grant any other relief the court
determines is just and proper in the circumstances.
(f) Except for information
classified as confidential under sections 60A.03, subdivision 9; 60A.031;
60A.93; and 60D.22, the commissioner may make any data otherwise classified as
private or confidential pursuant to this section accessible to an appropriate
person or agency if the commissioner determines that the access will aid the law
enforcement process, promote public health or safety, or dispel widespread
rumor or unrest. If the commissioner
determines that private or confidential information should be disclosed, the
commissioner shall notify the attorney general as to the information to be
disclosed, the purpose of the disclosure, and the need for the disclosure. The attorney general shall review the
commissioner's determination. If the
attorney general believes that the commissioner's determination does not
satisfy the purpose and intent of this provision paragraph, the
attorney general shall advise the commissioner in writing that the information
may not be disclosed. If the attorney
general believes the commissioner's determination satisfies the purpose and
intent of this provision, the attorney general shall advise the commissioner in
writing, accordingly.
After disclosing information pursuant to this provision, the commissioner shall advise the chairs of the senate and house of representatives judiciary committees of the disclosure and the basis for it."
Page 13, after line 9, insert:
"Sec. 3. Minnesota Statutes 2012, section 60A.0789, subdivision 3, is amended to read:
Subd. 3. Declaratory judgment action. (a) If, prior to payment of death benefits, the insurer believes the policy was initiated by STOLI practices, the insurer may bring a declaratory judgment action seeking a court order declaring the policy void.
(b) A life insurance policy owner, who
believes in good faith that the insurer may challenge the policy for lack of
insurable interest, may bring a declaratory judgment action seeking a court
order declaring the policy valid.
(c) The right of a life insurance
policy owner to bring a declaratory judgment action applies only to policies
issued in Minnesota prior to the effective date of the Insurable Interest Act
and that have a death benefit equal to or greater than one million
dollars. Only the owner of record of a
life insurance policy on the effective date of this section may bring a
declaratory judgment action under this section.
EFFECTIVE DATE. This section is effective the day following final
enactment and shall sunset on December 31, 2016."
Page 14, after line 4, insert:
"Sec. 6. Minnesota Statutes 2012, section 61A.282, subdivision 1, is amended to read:
Subdivision 1. Requirements. A company's investments shall be held in its corporate name or its nominee name, except that:
(a) Investments may be held in the name of a clearing corporation or of a custodian bank or in the name of the nominee of either under the following conditions:
(1) The clearing corporation, custodian bank, or nominee must be legally authorized to hold the particular investment for the account of others;
(2) Where the investment is evidenced by a certificate and held in the name of a custodian bank or the nominee of a custodian bank, a written agreement shall provide that certificates so deposited shall at all times be kept separate and apart from other deposits with the depository, so that at all times they may be identified as belonging solely to the company making the deposit; or
(3) Where a clearing corporation is to act as depository, the investment may be merged or held in bulk in the clearing corporation's name, or in the name of its nominee, together with any other investments deposited with the clearing corporation by any other person, if a written agreement provides that adequate evidence of the deposit will be obtained and retained by the company or a custodian bank.
As used in this subdivision, the term "custodian bank" means a bank or trust company licensed by the United States or any state thereof.
(b) A company may participate, through a bank or trust company which is a member of the Federal Reserve System, in the Federal Reserve's book-entry system, if the records of the member bank or trust company at all times show that the investments are held for the company and/or for specific accounts of the company.
(c) If an investment consists of an individual interest in a pool of obligations, or of a fractional interest in a single obligation, the certificate of participation or interest, or the confirmation of participation or interest in the investment, shall be held in the manner set forth in paragraph (a) or held in the name of the company.
(d) Where an investment is not evidenced by a certificate, except as provided in paragraph (b), adequate evidence of the company's investment shall be obtained from the issuer or its transfer or recording agent and retained by the company, a custodian bank, or clearing corporation. Adequate evidence, for purposes of this section, shall mean a written receipt or other verification issued by the depository or issuer or a custodian bank which shows that the investment is held for the company. Transfers of ownership of investments held as described in paragraphs (a)(3), (b), and (c) may be evidenced by bookkeeping entry on the books of the issuer of the investment or its transfer or recording agent or the clearing corporation without physical delivery of certificates, if any, evidencing the company's investment.
(e) Investments or cash posted as
collateral or variation margin (other than initial margin amounts) in
connection with qualified financial contracts, as defined in section 60B.03,
subdivision 22, are not subject to this subdivision.
Sec. 7. [65A.285]
SURCHARGE PROHIBITION.
Subdivision 1. Surcharge
prohibition. An insurer may
not impose a surcharge on homeowners insurance solely as a result of a consumer
inquiry.
Subd. 2. Definitions. For purposes of this section:
(1) "consumer inquiry" means a
telephone call or other communication made to an insurer that does not result
in a paid claim and that is in regard to the general terms or conditions of or
coverage offered under an insurance policy.
The term includes a question concerning the process for filing a claim
and whether a policy will cover a loss; and
(2) "surcharge" means an increase in premium for a policy, including the removal of a claim-free discount."
Page 15, line 31, before "agent's" insert "insurance"
Page 15, lines 32 and 33, before "agent" insert "insurance"
Page 16, lines 10, 12, and 18, before "agent" insert "insurance"
Page 24, delete section 24
Page 27, line 33, delete "subdivision" and insert "subdivisions 1 and"
Page 37, line 20, delete "(5)" and insert "(7)"
Page 39, line 29, strike "audit"
Page 44, line 10, delete "may" and insert "shall"
Page 45, delete section 23
Page 46, line 23, after "request" insert "and no more than once per year"
Page 50, line 1, delete "may" and insert "shall"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, delete "repealing obsolete rules;"
Page 1, line 4, after "provisions" insert "and other actions" and delete everything after the first semicolon and insert "prohibiting certain homeowners policy surcharges;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson from the Committee on Government Operations to which was referred:
H. F. No. 3169, A bill for an act relating to state government; modifying a proposed constitutional amendment to stop lawmakers from raising their own pay; amending Laws 2013, chapter 124, section 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [15A.0825]
LEGISLATIVE SALARY COUNCIL.
Subdivision 1. Membership. (a) The Legislative Salary Council
consists of the following members:
(1) one person, who is not a judge,
from each congressional district, appointed by the chief justice of the Supreme
Court; and
(2) one person from each congressional
district, appointed by the governor.
(b) If Minnesota has an odd number of
congressional districts, the governor and the chief justice must each appoint
an at-large member, in addition to a member from each congressional district.
(c) One-half of the members appointed
by the governor and one-half of the members appointed by the chief justice must
belong to the political party that has the most members in the
legislature. One-half of the members
appointed by the governor and one-half of the members appointed by the chief
justice must belong to the political party that has the second most members in
the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or
the spouse of a current legislator;
(2) a current or former lobbyist
registered under Minnesota law; or
(3) a current employee of the
legislature.
Subd. 2. Initial
appointment; convening authority; first meeting. Appointing authorities must make their
initial appointments by November 30, 2016.
The governor shall designate one member to convene and chair the first
meeting of the council. The first
meeting must be before January 15, 2017.
At its first meeting, the council must elect a chair from among its
members. Members that reside in an
even-numbered congressional district serve a first term ending January 15,
2019. Members residing in an
odd-numbered congressional district serve a first term ending January 15, 2021.
Subd. 3. Terms. (a) Except for initial terms, a term
is four years or until new appointments are made after congressional
redistricting as provided in subdivision 4.
Members may serve no more than two full terms or portions of two
consecutive terms.
(b) If a member ceases to reside in the
congressional district that the member resided in at the time of appointment as
a result of moving or redistricting, the appointing authority who appointed the
member must appoint a replacement who resides in the congressional district to
serve the unexpired term.
Subd. 4. Appointments
following redistricting. Appointing
authorities shall make appointments within three months after a congressional
redistricting plan is adopted.
Subd. 5. Removal;
vacancies. Members may be
removed only for cause, after notice and a hearing, for missing three
consecutive meetings, or as a result of redistricting. The chair of the council or a designee shall
inform the appointing authority of a member missing three consecutive
meetings. After the second consecutively
missed meeting and before the next meeting, the chair or a designee shall
notify the member in writing that the member may be removed for missing the
next meeting. In the case of a vacancy
on the board, the appointing authority shall appoint a person to fill the
vacancy for the remainder of the unexpired term.
Subd. 6. Compensation. Members shall be compensated under
section 15.059, subdivision 3.
Subd. 7. Duties. By March 31 of each odd-numbered year,
the council must prescribe salaries for legislators to take effect July 1 of
that year. In setting salaries, the
council must take into account any other legislative compensation provided to
the legislators by the state. The
council must submit a report by March 31 of each odd-numbered year with the
prescribed salaries to the governor, the majority and minority leaders of the
senate and house of representatives, the chairs of the committees in the senate
and house of representatives with jurisdiction over the legislature's budget,
and the chairs of the committees in the senate and house of representatives
with jurisdiction over finance. The
report must describe the council's rationale for selecting the prescribed
salaries.
Subd. 8. Chair. The commission shall elect a chair
from among its members.
Subd. 9. Staffing. The Legislative Coordinating
Commission shall provide administrative and support services for the council.
EFFECTIVE
DATE. This section is
effective upon adoption of the constitutional amendment proposed under Laws
2013, chapter 124.
Sec. 2. Laws 2013, chapter 124, section 1, is amended to read:
Section 1.
CONSTITUTIONAL AMENDMENT PROPOSED.
An amendment to the Minnesota Constitution is proposed to the people. If the amendment is adopted, article IV, section 9, will read:
Sec. 9. The salary of senators and representatives shall be prescribed by a council consisting of the following members: one person who is not a judge from each congressional district appointed by the chief justice of the Supreme Court, and one member from each congressional district appointed by the governor. If Minnesota has an odd number of congressional districts, the governor and the chief justice must each appoint an at-large member in addition to a member from each congressional district. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the most members in the legislature. One-half of the members appointed by the governor and one-half of the members appointed by the chief justice must belong to the political party that has the second-most members in the legislature. None of the members of the council may be current or former legislators, or the spouse of a current legislator. None of the members of the council may be current or former lobbyists registered under Minnesota law. None of the members of the council may be a current employee of the legislature. Membership terms, removal, and compensation of members shall be as provided by law. The council must prescribe salaries by March 31 of each odd-numbered year, taking into account any other legislative compensation provided to legislators by the state of Minnesota, with any changes in salary to take effect on July 1 of that year.
Sec. 3. Laws 2013, chapter 124, section 2, is amended to read:
Sec. 2. SCHEDULE
AND QUESTION.
(a) The proposed amendment must be submitted to the people at the 2016 general election. The question submitted must be:
"Shall the Minnesota Constitution be amended to remove state legislators' ability to set their own salaries, and instead establish an independent, citizens-only council to prescribe salaries for state legislators?
|
Yes …………… |
|
|
No ……………" |
|
(b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the question submitted to the people under paragraph (a) shall be: "Remove Legislators' Power to Set Their Own Pay.""
Delete the title and insert:
"A bill for an act relating to state government; establishing a Legislative Salary Council; modifying a proposed constitutional amendment to stop lawmakers from setting their own pay; amending Laws 2013, chapter 124, sections 1; 2; proposing coding for new law in Minnesota Statutes, chapter 15A."
With the recommendation that when so amended the bill be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 3172, A bill for an act relating to state government; making supplemental appropriations for higher education, economic development, transportation, public safety, corrections, state government, health and human services, and early childhood, kindergarten through grade 12, and adult education; modifying certain statutory provisions and laws; providing for certain programs; regulating the carrying of pistols in the capitol area; making forecast adjustments; setting and modifying fees; providing for rate increases; regulating certain accounts; providing for conformity with federal law; authorizing the issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 13.46, subdivision 4; 122A.415, subdivision 1; 123A.05, subdivision 2; 124D.09, subdivision 13; 124D.111, by adding a subdivision; 124D.522; 124D.531, subdivision 3; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 165.15, subdivision 2; 171.02, subdivision 3; 171.06, subdivision 2; 174.02, by adding a subdivision; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.451, subdivision 2; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 2c, 3a, 3b, 6a, 9, 10, 14, 17, 30, by adding subdivisions; 256B.0625, subdivision 30; 256B.199; 256B.5012, by adding a subdivision; 256I.05, subdivision 2; 257.85, subdivision 11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 268.057, subdivision 5; 268.18, subdivision 2b; 473.39, by adding a subdivision; 609.66, subdivision 1g; Minnesota Statutes 2013 Supplement, sections 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.531, subdivision 1; 124D.862, subdivisions 1, 2; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2a, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 127A.47, subdivision 7; 174.12, subdivision 2; 245.8251; 245A.042, subdivision 3; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b, 8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2, 3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1, 1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 2, 4, 6, 7, 8; 245D.071, subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a; 245D.091, subdivisions 2, 3, 4; 245D.10, subdivision 3; 245D.11, subdivision 2; 256B.04, subdivision 21; 256B.055, subdivision 1; 256B.439, subdivisions 1, 7; 256B.4912, subdivision 1; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24, by adding subdivisions; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by adding a subdivision; 256N.22, subdivisions 1, 2, 4, 6; 256N.23, subdivisions 1, 4; 256N.24, subdivisions 9, 10; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4; Laws 2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189, section 15, subdivision 12; Laws 2012, chapter 287, article 2, section 1; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section
6, as amended; Laws 2013, chapter 85, article 1, section 3, subdivision 2; Laws 2013, chapter 99, article 1, section 4, subdivision 3; article 3, section 3; Laws 2013, chapter 108, article 7, section 49; article 14, sections 2, subdivisions 5, 6; 3, subdivisions 1, 4; 12; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4; article 6, section 12, subdivisions 2, 3, 4, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, section 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions 2, 3, 6; 4; proposing coding for new law in Minnesota Statutes, chapters 144A; 171; repealing Minnesota Statutes 2012, sections 245.825, subdivisions 1, 1b; 256.969, subdivisions 8b, 9a, 9b, 11, 13, 20, 21, 22, 25, 26, 27, 28; 256.9695, subdivisions 3, 4; Minnesota Statutes 2013 Supplement, sections 245D.02, subdivisions 2b, 2c, 3b, 5a, 8a, 15a, 15b, 23b, 28, 29, 34a; 245D.06, subdivisions 5, 6, 7, 8; 245D.061, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9; 256N.26, subdivision 7; Minnesota Rules, parts 4830.7500, subpart 2a; 9525.2700; 9525.2810.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HIGHER EDUCATION
Section
1. MINNESOTA
STATE COLLEGES AND UNIVERSITIES; SETTLEMENT OF EMPLOYMENT CONTRACTS.
$17,000,000 in fiscal year 2015 is
appropriated from the general fund to the Board of Trustees of the Minnesota
State Colleges and Universities for compensation costs associated with the
settlement of employment contracts for fiscal year 2014. The board's appropriation base is increased
by $14,000,000 in fiscal years 2016 and 2017.
ARTICLE 2
HOUSING
Section 1. Laws 2013, chapter 85, article 1, section 4, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation |
|
$58,748,000 |
|
$42,748,000 |
The amounts that may be spent for each purpose are specified in the following subdivisions.
Unless otherwise specified, this appropriation is for transfer to the housing development fund for the programs specified in this section. Except as otherwise indicated, this transfer is part of the agency's permanent budget base.
The Housing Finance Agency will make
continuous improvements to its ongoing efforts to reduce the racial and ethnic
inequalities in homeownership rates and will seek opportunities to deploy
increasing levels of resources toward these efforts.
Sec. 2. Laws 2013, chapter 85, article 1, section 4, subdivision 2, is amended to read:
Subd. 2. Challenge
Program |
|
19,203,000 |
|
9,203,000 |
(a) This appropriation is for the economic development and housing challenge program under Minnesota Statutes, section 462A.33. The agency must continue to strengthen its efforts to
address the disparity rate between white households and indigenous American Indians and communities of color. Of this amount, $1,208,000 each year shall be made available during the first 11 months of the fiscal year exclusively for housing projects for American Indians. Any funds not committed to housing projects for American Indians in the first 11 months of the fiscal year shall be available for any eligible activity under Minnesota Statues, section 462A.33.
(b) Of this amount, $10,000,000 is a onetime appropriation and is targeted for housing in communities and regions that have:
(1)(i) low housing vacancy rates; and
(ii) cooperatively developed a plan that identifies current and future housing needs; and
(2)(i) experienced job growth since 2005 and have at least 2,000 jobs within the commuter shed;
(ii) evidence of anticipated job expansion; or
(iii) a significant portion of area employees who commute more than 30 miles between their residence and their employment.
(c) Priority shall be given to programs and projects that are land trust programs and programs that work in coordination with a land trust program.
(d) Of
this amount, $500,000 is for homeownership opportunities for families
who have been evicted or been given notice of an eviction due to a disabled
child in the home, including adjustments for the incremental increase in costs
of addressing the unique housing needs of
those households. Any funds not expended
for this purpose may be returned to the challenge fund after October 31,
2014.
(d) (e) The base funding for
this program in the 2016-2017 biennium is $12,925,000 each year.
Sec. 3. Laws 2013, chapter 85, article 1, section 4, subdivision 3, is amended to read:
Subd. 3. Housing
Trust Fund |
|
|
|
10,276,000 |
(a) This appropriation is for deposit in the housing trust fund account created under Minnesota Statutes, section 462A.201, and may be used for the purposes provided in that section. To the extent that these funds are used for the acquisition of housing, the agency shall give priority among comparable projects to projects that focus on creating safe and stable housing for homeless youth or projects that provide housing to trafficked women and children.
(b) $2,000,000 in the first year is a onetime appropriation for temporary rental assistance for families with school-age children who have changed school or home at least once in the last school year. The agency, in consultation with the Department of Education, may establish additional targeting criteria.
(c) Of this amount, $500,000 the first year is a onetime appropriation for temporary rental assistance for adults who are in the process of being released from state correctional facilities or on supervised release in the community who are homeless or at risk of becoming homeless. The agency, in consultation with the Department of Corrections, may establish additional targeting criteria to identify those adults most at risk of reentering state correctional facilities.
(d) Of this amount, $500,000 the first
year is a onetime appropriation for a grant to the nonprofit organization
selected to administer the state demonstration project for high-risk adults
established under Laws 2007, chapter 54, article 1, section 19.
(e) (d) The base funding for
this program in fiscal years 2016 and 2017 is $11,471,000 each year.
Sec. 4. AFFORDABLE
HOUSING PLAN; DISPARITIES REPORT.
(a) The Housing Finance Agency shall
provide the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over the agency with the draft and
final versions of its affordable housing plan before and after it has been
submitted to the agency board for consideration.
(b) The Housing Finance Agency shall
annually report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over the agency on the
progress, if any, the agency has made in closing the racial disparity gap and low-income
concentrated housing disparities.
JOBS AND ECONOMIC DEVELOPMENT
ARTICLE 3
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT;
DEPARTMENT OF LABOR AND INDUSTRY APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns under "Appropriations"
are added to or, if shown in parentheses, subtracted from the appropriations in
Laws 2013, chapter 85, article 1, or other law to the specified agencies. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose. The figures
"2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2014, or June 30, 2015, respectively.
Appropriations for the fiscal year ending June 30, 2014, are effective
the day following final enactment. Reductions
may be taken in either fiscal year.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2014 |
2015 |
|
Sec. 2. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
|
|
|
Subdivision 1. Total
Appropriation |
|
$0 |
|
$38,350,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Business
and Community Development |
|
0
|
|
36,250,000
|
(a) $25,000,000 in fiscal year 2015 is for
grants for the development of broadband infrastructure under Minnesota
Statutes, section 116J.395, or to supplement revenues raised by bonds sold by
local units of government for broadband infrastructure development. This is a onetime appropriation and is
available until June 30, 2017.
(b) $450,000 in fiscal year 2015 is from
the general fund for one or more contracts with an independent organization to
continue to:
(1) collect broadband deployment data from
Minnesota providers, verify its accuracy through on-the-ground testing, and
create state and county maps available to the public showing the availability
of broadband service at various upload and download speeds throughout
Minnesota, in order to measure progress in achieving the state's broadband
goals established in Minnesota Statutes, section 237.012;
(2) analyze the deployment data collected
to help inform future investments in broadband infrastructure; and
(3) conduct business and residential
surveys that measure broadband adoption and use in the state.
Data provided by a broadband provider to
the contractor under this paragraph is nonpublic data under Minnesota Statutes,
section 13.02, subdivision 9. Maps
produced under this paragraph are public data under Minnesota Statutes, section
13.03. This is a onetime appropriation
and is available until expended.
(c) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Southwest Initiative Foundation for
business revolving loans or other lending programs. This is a onetime appropriation and is
available until expended.
(d)
$1,000,000 in fiscal year 2015 is from the general fund for a grant to the West
Central Initiative Foundation for business revolving loans or other lending
programs. This is a onetime
appropriation and is available until expended.
(e) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Southern Minnesota Initiative Foundation
for business revolving loans or other lending programs. This is a onetime appropriation and is
available until expended.
(f) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Northwest Minnesota Foundation for business
revolving loans or other lending programs.
This is a onetime appropriation and is available until expended.
(g) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Initiative Foundation for business
revolving loans or other lending programs.
This is a onetime appropriation and is available until expended.
(h) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Northland Foundation for business revolving
loans or other lending programs. This is
a onetime appropriation and is available until expended.
(i) $1,000,000 in fiscal year 2015 is from
the general fund for a grant to the Urban Initiative Board under Minnesota
Statutes, chapter 116M, for business technical assistance or organizational
capacity building. Funds available under
this paragraph must be allocated as follows:
(1) 50 percent of the funds must be allocated for projects in the
counties of Dakota, Ramsey, and Washington; and (2) 50 percent of the funds
must be allocated for projects in the counties of Anoka, Carver, Hennepin, and
Scott. This is a onetime appropriation
and is available until expended.
(j) $500,000 in fiscal year 2015 is from
the general fund for grants to small business development centers under
Minnesota Statutes, section 116J.68. Funds
made available under this paragraph may be used to match funds under the
federal Small Business Development Center (SBDC) program under United States
Code, title 15, section 648, to provide consulting and technical services, or to build additional SBDC network capacity to
serve entrepreneurs and small businesses.
The commissioner shall allocate funds equally among the nine regional
centers and lead center. This is a
onetime appropriation and is available until expended.
(k) $750,000 in fiscal year 2015 is from
the general fund for the innovation voucher pilot program in article 4, section
9. This is a onetime appropriation and
is available until expended. Of this
amount, up to five percent may be used for administration. Vouchers require a 50 percent match by
recipients.
(l)
$1,600,000 in fiscal year 2015 is from the general fund for the Minnesota Jobs
Skills Partnership program under Minnesota Statutes, section 116L.02. Of this appropriation, $600,000 is onetime
and is available until expended and $1,000,000 is added to the agency's base
budget each year for fiscal years 2016 and 2017.
(m) $450,000 in fiscal year 2015 is from
the general fund for the Office of Regenerative Medicine under Minnesota
Statutes, sections 116J.886 to 116J.8862.
This is a onetime appropriation and is available until expended.
Subd. 3.
Workforce
Development |
|
0
|
|
1,600,000
|
(a) $75,000 in fiscal year 2015 is from
the general fund for workforce program outcome activities under Minnesota
Statutes, section 116L.98. Up to five
percent of this appropriation may be used by the commissioner for
administration of the program. This is a
onetime appropriation and is available until expended.
(b) $1,000,000 in fiscal year 2015 is from
the general fund for training rebates under article 4, section 11. This is a onetime appropriation and is available
until expended.
(c)
$25,000 in fiscal year 2015 is from the general fund for the information
technology apprenticeship pilot program under article 4, section 13. This is a onetime appropriation and is
available until expended.
Subd. 4. General
Support Services |
|
0
|
|
500,000
|
$500,000 in fiscal year 2015 is for
establishing and operating the interagency Olmstead Implementation Office. This is a onetime appropriation and is
available until expended.
Sec. 3. DEPARTMENT OF LABOR AND INDUSTRY |
|
|
|
Subdivision 1. Total
Appropriation |
|
$0 |
|
$275,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Labor
Standards and Apprenticeship |
|
0
|
|
275,000
|
(a) The base for the department is increased
by $70,000 each year for implementing and administering a minimum wage
inflation adjustment. This adjustment is
available only if a law is enacted in the 2014 legislative session that
includes an automatic inflation adjustment to the state minimum wage. The availability of this appropriation is
effective in the same fiscal year that the inflation adjustment is first
effective.
(b)
$25,000 in fiscal year 2015 is from the general fund for the precision
manufacturing and health care services pilot program under article 4, section
12. This is a onetime appropriation and
is available until expended.
Sec. 4. Laws 2013, chapter 85, article 1, section 3, subdivision 2, is amended to read:
Subd. 2. Business
and Community Development |
|
53,642,000 |
|
45,407,000 |
Appropriations by Fund |
||
|
||
General |
52,942,000 |
44,707,000 |
Remediation |
700,000 |
700,000 |
(a)(1) $15,000,000 each year is for the Minnesota investment fund under Minnesota Statutes, section 116J.8731. Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses. This appropriation is available until spent.
(2) Of the amount available under clause (1), up to $3,000,000 in fiscal year 2014 is for a loan to facilitate initial investment in the purchase and operation of a biopharmaceutical manufacturing facility. This loan is not subject to the loan limitations under Minnesota Statutes, section 116J.8731, and shall be forgiven by the commissioner of employment and economic development upon verification of meeting performance goals. Purchases related to and for the purposes of this loan award must be made between January 1, 2013, and June 30, 2015. The amount under this clause is available until expended.
(3) Of the amount available under clause (1), up to $2,000,000 is available for subsequent investment in the biopharmaceutical facility project in clause (2). The amount under this clause is available until expended. Loan thresholds under clause (2) must be achieved and maintained to receive funding. Loans are not subject to the loan limitations under Minnesota Statutes, section 116J.8731, and shall be forgiven by the commissioner of employment and economic development upon verification of meeting performance goals. Purchases related to and for the purposes of loan awards must be made during the biennium the loan was received.
(4) Notwithstanding any law to the contrary, the biopharmaceutical manufacturing facility in this paragraph shall be deemed eligible for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748, by having at least $25,000,000 in capital investment and 190 retained employees.
(5) For purposes of clauses (1) to (4), "biopharmaceutical" and "biologics" are interchangeable and mean medical drugs or medicinal preparations produced using technology that uses
biological systems, living organisms, or derivatives of living organisms, to make or modify products or processes for specific use. The medical drugs or medicinal preparations include but are not limited to proteins, antibodies, nucleic acids, and vaccines.
(b) $12,000,000 each year is for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748. Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses. This appropriation is available until spent. The base funding for this program shall be $12,500,000 each year in the fiscal year 2016-2017 biennium.
(c) $1,272,000 each year is from the general fund for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until expended.
(d) $700,000 each year is from the remediation fund for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until expended.
(e) $1,425,000 the first year and $1,425,000 the second year are from the general fund for the business development competitive grant program. Of this amount, up to five percent is for administration and monitoring of the business development competitive grant program. All grant awards shall be for two consecutive years. Grants shall be awarded in the first year.
(f) $4,195,000 each year is from the general fund for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17. If the appropriation for either year is insufficient, the appropriation for the other year is available. This appropriation is available until spent.
(g)
$6,000,000 the first year is from the general fund for the redevelopment
program under Minnesota Statutes, section 116J.571. This is a onetime appropriation and is
available until spent.
(h) $12,000 each year is from the general fund for a grant to the Upper Minnesota Film Office.
(i) $325,000 each year is from the general fund for the Minnesota Film and TV Board. The appropriation in each year is available only upon receipt by the board of $1 in matching contributions of money or in-kind contributions from nonstate sources for every $3 provided by this appropriation, except that each year up to $50,000 is available on July 1 even if the required matching contribution has not been received by that date.
(j) $100,000 each year is for a grant to the Northern Lights International Music Festival.
(k) $5,000,000 each year is from the general fund for a grant to the Minnesota Film and TV Board for the film production jobs program under Minnesota Statutes, section 116U.26. This appropriation is available until expended. The base funding for this program shall be $1,500,000 each year in the fiscal year 2016-2017 biennium.
(l) $375,000 each year is from the general fund for a grant to Enterprise Minnesota, Inc., for the small business growth acceleration program under Minnesota Statutes, section 116O.115. This is a onetime appropriation.
(m) $160,000 each year is from the general fund for a grant to develop and implement a southern and southwestern Minnesota initiative foundation collaborative pilot project. Funds available under this paragraph must be used to support and develop entrepreneurs in diverse populations in southern and southwestern Minnesota. This is a onetime appropriation and is available until expended.
(n) $100,000 each year is from the general fund for the Center for Rural Policy and Development. This is a onetime appropriation.
(o) $250,000 each year is from the general fund for the Broadband Development Office.
(p) $250,000 the first year is from the general fund for a onetime grant to the St. Paul Planning and Economic Development Department for neighborhood stabilization use in NSP3.
(q) $1,235,000 the first year is from the general fund for a onetime grant to a city of the second class that is designated as an economically depressed area by the United States Department of Commerce. The appropriation is for economic development, redevelopment, and job creation programs and projects. This appropriation is available until expended.
(r) $875,000 each year is from the general fund for the Host Community Economic Development Program established in Minnesota Statutes, section 116J.548.
(s) $750,000 the first year is from the general fund for a onetime grant to the city of Morris for loans or grants to agricultural processing facilities for energy efficiency improvements. Funds available under this section shall be used to increase conservation and promote energy efficiency through retrofitting existing systems and installing new systems to recover waste heat from industrial processes and reuse energy. This appropriation is not
available
until the commissioner determines that at least $1,250,000 a match of
$750,000 is committed to the project from nonpublic sources. This appropriation is available until
expended.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 5. Laws 2013, chapter 85, article 1, section 3, subdivision 5, is amended to read:
Subd. 5. Minnesota
Trade Office |
|
2,322,000 |
|
2,292,000 |
(a) $330,000 in fiscal year 2014 and $300,000 in fiscal year 2015 are for the STEP grants in Minnesota Statutes, section 116J.979. Of the fiscal year 2014 appropriation, $30,000 is available for expenditure until June 30, 2015, and is for a grant to Voice of East African Women, Inc., for establishing trade, export, and cultural exchange relations between the state of Minnesota and east African nations.
(b) $180,000 in fiscal year 2014 and $180,000 in fiscal year 2015 are for the Invest Minnesota marketing initiative in Minnesota Statutes, section 116J.9781. Notwithstanding any other law, this provision does not expire.
(c) $270,000 each year is from the general fund for the expansion of Minnesota Trade Offices under Minnesota Statutes, section 116J.978.
(d) $50,000 each year is from the general fund for the trade policy advisory group under Minnesota Statutes, section 116J.9661.
(e) The commissioner of employment and economic development, in consultation with the commissioner of agriculture, shall identify and increase export opportunities for Minnesota agricultural products.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Laws 2013, chapter 85, article 1, section 3, subdivision 6, is amended to read:
Subd. 6. Vocational
Rehabilitation |
|
27,691,000 |
|
27,691,000 |
Appropriations by Fund |
||
|
||
General |
20,861,000 |
20,861,000 |
Workforce Development |
6,830,000 |
6,830,000 |
(a) $10,800,000 each year is from the general fund for the state's vocational rehabilitation program under Minnesota Statutes, chapter 268A.
(b) $2,261,000 each year is from the general fund for grants to centers for independent living under Minnesota Statutes, section 268A.11.
(c) $5,745,000 each year from the general
fund and $6,830,000 each year from the workforce development fund is for
extended employment services for persons with severe disabilities under
Minnesota Statutes, section 268A.15. The
allocation of extended employment funds to Courage Center from July 1, 2012 to
June 30, 2013 must be contracted to Allina Health systems from July 1, 2013 to
June 30, 2014 2015 to provide extended employment services in
accordance with Minnesota Rules, parts 3300.2005 to 3300.2055.
(d) $2,055,000 each year is from the general fund for grants to programs that provide employment support services to persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. The base appropriation for this program is $1,555,000 each year in the fiscal year 2016-2017 biennium.
Sec. 7. Laws 2013, chapter 85, article 1, section 13, subdivision 5, is amended to read:
Subd. 5. Telecommunications
|
|
1,949,000 |
|
2,249,000 |
Appropriations by Fund |
||
|
||
General |
1,009,000 |
1,009,000 |
Special Revenue |
940,000 |
1,240,000 |
$940,000 in fiscal year 2014 and $1,240,000 in fiscal year 2015 are appropriated to the commissioner from the telecommunication access fund for the following transfers. This appropriation is added to the department's base.
(1) $500,000 in fiscal year 2014 and $800,000 in fiscal year 2015 to the commissioner of human services to supplement the ongoing operational expenses of the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans;
(2) $290,000 in fiscal year 2014 and $290,000 in fiscal year 2015 to the chief information officer for the purpose of coordinating technology accessibility and usability; and
(3) $150,000 in fiscal year 2014 and $150,000 in fiscal year 2015 to the Legislative Coordinating Commission for captioning of legislative coverage and for a consolidated access fund for other state agencies. These transfers are subject to Minnesota Statutes, section 16A.281.
ARTICLE 4
ECONOMIC DEVELOPMENT AND WORKFORCE DEVELOPMENT
Section 1.
[116J.394] DEFINITIONS.
(a) For the purposes of sections
116J.394 to 116J.396, the following terms have the meanings given them.
(b) "Broadband" or
"broadband service" has the meaning given in section 116J.39,
subdivision 1, paragraph (b).
(c) "Broadband
infrastructure" means networks of deployed telecommunications equipment
and technologies necessary to provide high-speed Internet access and other
advanced telecommunications services for end users.
(d) "Commissioner" means the
commissioner of employment and economic development.
(e) "Last-mile
infrastructure" means broadband infrastructure that serves as the final
leg connecting the broadband service provider's network to the end-use
customer's on-premises telecommunications equipment.
(f) "Middle-mile
infrastructure" means broadband infrastructure that links a broadband
service provider's core network infrastructure to last-mile infrastructure.
(g) "Political subdivision"
means any county, city, town, school district, special district or other
political subdivision, or public corporation.
(h) "Underserved areas" means
areas of Minnesota in which households or businesses lack access to wire-line
broadband service at speeds that meet the state broadband goals of ten to 20
megabits per second download and five to ten megabits per second upload.
(i) "Unserved areas" means
areas of Minnesota in which households or businesses lack access to wire-line
broadband service at speeds that meet a Federal Communications Commission
threshold of four megabits per second download and one megabit per second
upload.
Sec. 2. [116J.395]
BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM.
Subdivision 1. Establishment. A grant program is established under
the Department of Employment and Economic Development to award grants to
eligible applicants in order to promote the expansion of access to broadband
service in unserved or underserved areas of the state.
Subd. 2. Eligible
expenditures. Grants may be
awarded under this section to fund the acquisition and installation of
middle-mile and last-mile infrastructure that support broadband service
scalable to speeds of at least 100 megabits per second download and 100
megabits per second upload.
Subd. 3. Eligible
applicants. Eligible
applicants for grants awarded under this section include:
(1) an incorporated business or a
partnership;
(2) a political subdivision;
(3) an Indian tribe;
(4) a Minnesota nonprofit organization
organized under chapter 317A;
(5)
a Minnesota cooperative association organized under chapter 308A or 308B; and
(6) a Minnesota limited liability
corporation organized under chapter 322B for the purpose of expanding broadband
access.
Subd. 4. Application
process. An eligible
applicant must submit an application to the commissioner on a form prescribed
by the commissioner. The commissioner
shall develop administrative procedures governing the application and grant
award process. The commissioner shall
act as fiscal agent for the grant program and shall be responsible for
receiving and reviewing grant applications and awarding grants under this
section.
Subd. 5. Application
contents. An applicant for a
grant under this section shall provide the following information on the
application:
(1) the location of the project;
(2) the kind and amount of broadband
infrastructure to be purchased for the project;
(3) evidence
regarding the unserved or underserved nature of the community in which the
project is to be located;
(4) the number of households passed
that will have access to broadband service as a result of the project, or whose
broadband service will be upgraded as a result of the project;
(5) significant community institutions
that will benefit from the proposed project;
(6) evidence of community support for
the project;
(7) the total cost of the project;
(8) sources of funding or in-kind
contributions for the project that will supplement any grant award; and
(9) any additional information
requested by the commissioner.
Subd. 6. Awarding
grants. (a) In evaluating
applications and awarding grants, the commissioner shall give priority to
applications that are constructed in areas identified by the director of the
Office of Broadband Development as unserved.
(b) In evaluating applications and
awarding grants, the commissioner may give priority to applications that:
(1) are constructed in areas identified
by the director of the Office of Broadband Development as underserved;
(2) offer new or substantially upgraded
broadband service to important community institutions including, but not
limited to, libraries, educational institutions, public safety facilities, and
healthcare facilities;
(3) facilitate the use of telemedicine
and electronic health records;
(4) serve economically distressed areas
of the state, as measured by indices of unemployment, poverty, or population
loss that are significantly greater than the statewide average;
(5) provide technical support and train
residents, businesses, and institutions in the community served by the project
to utilize broadband service;
(6)
include a component to actively promote the adoption of the newly available
broadband services in the community;
(7) provide evidence of strong support
for the project from citizens, government, businesses, and institutions in the
community;
(8) provide access to broadband service
to a greater number of unserved or underserved households and businesses; or
(9) leverage greater amounts of funding
for the project from other private and public sources.
(c) The commissioner shall endeavor to
award grants under this section to qualified applicants in all regions of the
state.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. [116J.396]
BORDER-TO-BORDER BROADBAND FUND.
Subdivision 1. Account
established. The
border-to-border broadband fund account is established as a separate account in
the special revenue fund in the state treasury.
The commissioner shall credit to the account appropriations and
transfers to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the
account, must be credited to the account.
Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund, but remain in the account until expended. The commissioner shall manage the account.
Subd. 2. Expenditures. Money in the account may be used only:
(1) for grant awards made under section
116J.395, including up to three percent of the total amount appropriated for
grants awarded under that section for costs incurred by the Department of
Employment and Economic Development to administer that section; or
(2) to supplement revenues raised by
bonds sold by local units of government for broadband infrastructure
development.
Subd. 3. Restrictions. (a) Except as provided in paragraph
(c), in any fiscal year, no more than one-third of the funds expended from the
account established in this section shall be awarded to applicants located in
areas whose household density exceeds 100 households per square mile, as
determined by the state demographer.
(b) Except as provided in paragraph
(c), in any fiscal year, no more than two-thirds of the funds expended from the
account established in this section shall be awarded to applicants located in
areas whose household density is less than 100 households per square mile, as
determined by the state demographer.
(c) If applications are insufficient to
exhaust all funds available in a given grant round under the restrictions
imposed in paragraph (a) or (b), the unexpended funds may be awarded to
eligible applicants, as determined by the commissioner, irrespective of the
population density of the area in which the applicant is located.
Subd. 4. Appropriation. Money in the account is appropriated
to the commissioner for the purposes of subdivision 2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [116J.886]
CITATION; REGENERATIVE MEDICINE DEVELOPMENT ACT.
Sections 116J.886 to 116J.8862 shall be
known as the Regenerative Medicine Development Act to promote private sector
investment in regenerative medicine to strengthen the state's economy, reduce
the long-term costs related to treating debilitating illnesses, advance the
regenerative medicine industry, and facilitate and expand clinical research
opportunities in the state.
Sec. 5. [116J.8861]
DEFINITIONS.
Subdivision 1. Definitions. For the purposes of sections 116J.886
to 116J.8862, the following terms have the meanings given them.
Subd. 2. Business
development services. "Business
development services" means business incubator services and services to
facilitate access to existing publicly or privately financed grants, loans, or
loan guarantees, and to support basic or applied research, development of
therapies, and development of pharmacologies and treatments through preclinical
or clinical trials.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of employment and economic development.
Subd. 4. Office. "Office" means the Office of
Regenerative Medicine Development established under section 116J.8862.
Subd. 5. Regenerative
medicine. "Regenerative
medicine" means the process of creating or using living, functional tissue
to augment, repair, replace, or regenerate organs and tissue that have been
damaged by disease, injury, aging, or other biological processes.
Subd. 6. Regenerative
medicine development project or project.
"Regenerative medicine development project" or
"project" means any research, product development, or commercial
venture relating to basic, preclinical, or clinical work to produce a drug,
biological or chemical material, compound, or medical device designed to
augment, repair, replace, or regenerate organs and tissue that have been
damaged by disease, injury, aging, or other biological processes.
Sec. 6. [116J.8862]
OFFICE OF REGENERATIVE MEDICINE DEVELOPMENT.
Subdivision 1. Established. The commissioner shall establish an
Office of Regenerative Medicine Development to provide business development
services and outreach to promote and expand the regenerative medicine industry
in Minnesota.
Subd. 2. Consultation. The office must regularly consult with
external stakeholders, and must conduct public meetings to gather input. For the purposes of this section, external
stakeholders must include:
(1) the director of the Minnesota Stem
Cell Institute at the University of Minnesota;
(2) a representative of a
Minnesota-based trade association with the largest number of bioscience
companies as its membership;
(3) a representative of a
Minnesota-based trade association with the largest number of hospitals as its
membership; and
(4) a representative of the largest
private entity in Minnesota conducting research into the benefits and uses of
regenerative medicine.
Subd. 3. Outside
funding. The commissioner, on
behalf of the office, may accept appropriations, gifts, grants, and bequests.
Subd. 4. Public infrastructure grant program. The commissioner shall coordinate the services and activities of the office with the innovative business development public infrastructure program under section 116J.435.
Subd. 5. Fiscal planning. By December 15, 2014, the commissioner shall develop a long-term budget proposal for the office for fiscal years 2016 to 2024 to provide business development services to regenerative medicine development projects.
Subd. 6. Project applications; selection. (a) The office shall provide business development services to eligible regenerative medicine development projects approved by the commissioner. To be eligible for business development services under this section, a regenerative medicine development project must:
(1) demonstrate that at least 70
percent of the project costs are paid from nonstate sources. The nonstate share may include federal funds
and the prior purchase of scientific equipment and materials incidental to the
project, provided the purchase is completed not more than two years prior to
the approval of funding by the commissioner;
(2) not duplicate or supplant any other research or other project already conducted by the federal government, or for which federal funding is available; and
(3) demonstrate that project activities
are carried out directly by the grant recipient.
(b) The commissioner shall establish an
application and process for approving projects.
Project applications must include the following information:
(1) evidence that the required match is
available and committed;
(2) a detailed estimate, along with
necessary supporting evidence, of the total cost of the project;
(3) an assessment of the potential to
attract new or continue existing public and private research grant awards
resulting from the project;
(4) a detailed risk analysis projecting
the likelihood of clinical success resulting in revenues or royalty payments
from the project;
(5) an assessment of the likelihood for
and potential cost savings for publicly funded health care and long-term care
programs from the project as a result of reducing the incidence or lowering the
treatment costs of debilitating illnesses and diseases over the next ten years;
(6) a timeline indicating the major
milestones of research projects and their anticipated completion dates,
including any previously completed similar research; and
(7) an estimate of any potential
current and future employment opportunities within the state, stimulation of
economic growth, and the possibility for advancing the development of
commercially successful and affordable regenerative medicine products,
processes, or services. The application
requirements are not in priority order and the commissioner may weigh each
item, depending upon the facts and circumstances, as the commissioner considers
appropriate.
Subd. 7. Report. The commissioner, on behalf of the
office, must report to the legislative chairs with jurisdiction over economic
development by January 1 of each odd-numbered year on successful economic
development projects implemented or initiated since their last report and on
plans for the upcoming year.
Subd. 8. Sunset. The office established under this
section expires June 30, 2024.
Sec. 7. Minnesota Statutes 2012, section 116L.98, is amended to read:
116L.98
WORKFORCE PROGRAM OUTCOMES.
Subdivision 1. Requirements. The commissioner shall develop and
implement a set of standard approaches for assessing the outcomes of
workforce programs under this chapter. The
outcomes assessed must include, but are not limited to, periodic comparisons of
workforce program participants and nonparticipants uniform outcome
measurement and reporting system for adult workforce-related programs funded in
whole or in part by the workforce development fund.
The commissioner shall also monitor the
activities and outcomes of programs and services funded by legislative
appropriations and administered by the department on a pass-through basis and
develop a consistent and equitable method of assessing recipients for the costs
of its monitoring activities.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Credential" means
postsecondary degrees, diplomas, licenses, and certificates awarded in
recognition of an individual's attainment of measurable technical or
occupational skills necessary to obtain employment or advance with an
occupation. This definition does not
include certificates awarded by workforce investment boards or work-readiness
certificates.
(c) "Exit" means to have not
received service under a workforce program for 90 consecutive calendar days. The exit date is the last date of service.
(d) "Net impact" means the
use of matched control groups and regression analysis to estimate the impacts
attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.
(e) "Pre-enrollment" means
the period of time before an individual was enrolled in a workforce program.
Subd. 3. Uniform
outcome report card; reporting by commissioner. (a) By December 31 of each
even-numbered year, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and the
senate having jurisdiction over economic development and workforce policy and
finance the following information separately for each of the previous two
fiscal or calendar years, for each program subject to the requirements of
subdivision 1:
(1) the total number of participants
enrolled;
(2) the median pre-enrollment wages
based on participant wages for the second through the fifth calendar quarters
immediately preceding the quarter of enrollment excluding those with zero
income;
(3) the total number of participants
with zero income in the second through fifth calendar quarters immediately
preceding the quarter of enrollment;
(4)
the total number of participants enrolled in training;
(5) the total number of participants
enrolled in training by occupational group;
(6) the total number of participants
that exited the program and the average enrollment duration of participants
that have exited the program during the year;
(7) the total number of exited
participants who completed training;
(8) the total number of exited
participants who attained a credential;
(9) the total number of participants
employed during three consecutive quarters immediately following the quarter of
exit, by industry;
(10) the median wages of participants
employed during three consecutive quarters immediately following the quarter of
exit;
(11) the total number of participants
employed during eight consecutive quarters immediately following the quarter of
exit, by industry; and
(12) the median wages of participants
employed during eight consecutive quarters immediately following the quarter of
exit.
(b) The report to the legislature must
contain participant information by education level, race and ethnicity, gender,
and geography, and a comparison of exited participants who completed training
and those who did not.
(c) The requirements of this section
apply to programs administered directly by the commissioner or administered by
other organizations under a grant made by the department.
Subd. 4. Data
to commissioner; uniform report card.
(a) A recipient of a future or past grant or direct appropriation
made by or through the department must report data to the commissioner by
September 1 of each even-numbered year on each of the items in subdivision 3
for each program it administers except wages and number employed, which the
department shall provide. The data must
be in a format prescribed by the commissioner.
(b) Beginning July 1, 2014, the
commissioner shall provide notice to grant applicants and recipients regarding
the data collection and reporting requirements under this subdivision and must
provide technical assistance to applicants and recipients to assist in
complying with the requirements of this subdivision.
Subd. 5. Information. The information collected and reported
under subdivisions 3 and 4 shall be made available on the department's Web
site.
Subd. 6. Limitations
on future appropriations. (a)
A program that is a recipient of public funds and subject to the requirements
of this section as of May 1, 2014, is not eligible for additional state
appropriations for any fiscal year beginning after June 30, 2015, unless all of
the reporting requirements under subdivision 4 have been satisfied.
(b) A program with an initial request
for funds on or after the effective date of this section may be considered for
receipt of public funds for the first two fiscal years only if a plan that
demonstrates how the data collection and reporting requirements under
subdivision 4 will be met has been submitted and approved by the commissioner. Any subsequent request for funds after an
initial request is subject to the requirements of paragraph (a).
Subd. 7. Workforce
program net impact analysis. (a)
The commissioner shall contract with an independent entity to conduct a net
impact analysis for adult workforce-related programs funded in whole or in part
by the workforce development fund. The
requirements of this section apply to programs administered directly by the
commissioner or administered by other employment organizations under a grant
made by the department. The net impact
methodology used by the independent entity should be based on the methodology
and evaluation design used in paragraph (c) and must include:
(1) standardized statistical methods
for estimating the net impacts of workforce services on individual employment,
earnings, incarceration avoidance where appropriate, and public benefits usage
outcomes; and
(2) standardized cost-benefit analysis
for understanding the monetary impacts of workforce services from the
participant and taxpayer points of view.
(b) By January 15 of the odd year of
every other biennium, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and senate
having jurisdiction over economic development and workforce policy and finance
the following information for each program subject to this subdivision:
(1) the net impact of workforce
services on individual employment, earnings, and public benefits usage
outcomes; and
(2) cost-benefit analyses for
understanding the monetary impacts of workforce services from the participant
and taxpayer points of view. The report
must be made available to the public in an electronic format on the Department
of Employment and Economic Development's Web site.
The department is authorized to create
and maintain data-sharing agreements with other departments, including
corrections, human services, and any other department that are necessary to
complete the analysis. The department
shall supply the information collected for use by the independent entity
conducting net impact analysis pursuant to the data practices requirements
under chapters 13, 13A, 13B, and 13C.
(c) By January 15, 2015, the
commissioner, in partnership with the Governor's Workforce Development Council,
must report to the chairs and ranking minority members of the committees of the
house of representatives and senate having jurisdiction over economic
development and workforce policy and finance the results of the net impact pilot
project already underway.
Sec. 8. Minnesota Statutes 2012, section 181A.07, is amended by adding a subdivision to read:
Subd. 7. Approved
training programs. The
commissioner may grant exemptions from any provisions of sections 181A.01 to
181A.12 for minors participating in training programs approved by the
commissioner; or students in a valid apprenticeship program taught by or
required by a trade union, the commissioner of education, the commissioner of
employment and economic development, the Board of Trustees of the Minnesota
State Colleges and Universities, or the Board of Regents of the University of
Minnesota.
Sec. 9. INNOVATION
VOUCHER PILOT PROGRAM.
(a) The commissioner of employment and
economic development shall develop and implement an innovation voucher pilot
program to provide financing to small businesses to purchase technical
assistance and services from public higher education institutions and nonprofit
entities to assist in the development or commercialization of innovative new products
or services.
(b)
Funds available under this section may be used by a small business to access
technical assistance and other services including, but not limited to: research, technical development, product
development, commercialization, technology exploration, and improved business
practices.
(c) To be eligible for a voucher under
this section, a business must enter into an agreement with the commissioner
that includes:
(1) a list of the technical assistance and services the business proposes to purchase and from whom the services will be purchased; and
(2) deliverable outcomes in one of the
following areas:
(i) research and development;
(ii) business model development;
(iii) market feasibility;
(iv) operations; or
(v) other outcomes determined by the
commissioner.
As part of the agreement, the commissioner must approve the
technical assistance and services to be purchased, and the entities from which
the services or technical assistance will be purchased.
(d) For the purposes of this section, a
small business means a business with fewer than 25 employees.
(e) A voucher award must not exceed
$25,000 per business.
(f) The commissioner must report to the
chairs of the committees of the house of representatives and senate having
jurisdiction over economic development and workforce policy and finance issues
by December 1, 2014, on the vouchers awarded to date.
Sec. 10. COMMISSIONER'S
ACCOUNTABILITY PLAN.
By December 1, 2014, the commissioner
shall report to the committees of the house of representatives and senate
having jurisdiction over workforce development and economic development policy
and finance issues, on the department's plan, and any request for funding, to
design and implement a performance accountability outcome measurement system
for programs under Minnesota Statutes, chapters 116J and 116L.
Sec. 11. NEW
EMPLOYEE TRAINING PARTNERSHIP.
Subdivision 1. Training partnership initiative. (a) The commissioner of employment and economic development shall develop and implement a new employee training partnership to provide rebates to employers that hire and train new employees. To be eligible for a rebate under this section, an employer must enter into an agreement with the commissioner under subdivision 3. The commissioner shall give priority to employers in counties in which the county unemployment rate over the preceding 12 months exceeded the state average unemployment rate by 1.5 percentage points over the same period.
(b) Before entering into an agreement
with an employer, the commissioner must investigate the applicability of other
training programs and determine whether the job skills partnership grant
program is a more suitable source of funding for the training and whether the
training can be completed in a timely manner that meets the needs of the
employer.
The
investigation must be completed within 15 days or as soon as reasonably
possible after the employer has provided the commissioner with all the
requested information.
(c) The commissioner shall prescribe
the form of all applications for rebates, the timing for submission of
applications, the execution of agreements with the commissioner, and the
payment of rebates.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Agreement" means the
agreement between an employer and the commissioner for a training partnership.
(c) "Commissioner" means the
commissioner of employment and economic development.
(d) "Cost of training" means all
necessary and incidental costs of providing training services. The term does not include the cost of
purchasing equipment to be owned or used by the training or educational
institution or service.
(e) "Disability" has the
meaning given under United States Code, title 42, chapter 126.
(f) "Employee" means an
individual employed in a new job.
(g) "Employer" means an
individual, corporation, partnership, limited liability company, or association
providing new jobs and entering into an agreement.
(h) "Long-term unemployed"
has the meaning given by the United States Department of Labor, Bureau of Labor
Standards.
(i) "New job" means a job:
(1) that is provided by a new or
expanding business at a location outside of the metropolitan area, as defined
in Minnesota Statutes, section 473.121, subdivision 2;
(2) that provides 32 hours of work per
week for a minimum of nine months of the year and is permanent with no planned
termination date; and
(3) for which the employee hired was
not (i) formerly employed by the employer in the state or (ii) a replacement
worker, including a worker newly hired as a result of a labor dispute.
(j) "Rebate" means a payment
by the commissioner to an employer for the cost of training an employee. Rebates are limited to a maximum of $3,000
per employee, except that the maximum rebate for the training costs of an
employee with a disability, an employee who was considered long-term
unemployed, or an employee who is a veteran, is $4,000 per employee.
(k) "Training partnership" means
a training services and rebate arrangement that is the subject of an agreement
entered into between the commissioner and an employer.
(l) "Training services" means
training and education specifically directed to new jobs, determined to be
appropriate by the commissioner, including in-house training; services provided
by institutions of higher education, or federal, state, or local agencies; or
private training or educational services.
Administrative services, assessment, and testing costs may be considered
as training services.
Subd. 3. Agreements;
required terms. To be
eligible for a rebate under this section, an employer must enter into an
agreement with the commissioner that:
(1) identifies the training costs to be
incurred by the employer, who will provide the training services, and the
amount of the rebate to be provided by the commissioner;
(2) provides for a guarantee by the
employer of payment for all training costs; and
(3) provides that each employee must be
paid wages of at least $13 per hour, plus benefits, except that during a period
not to exceed three weeks, during which an employee is receiving training
services, the employee may be paid wages of at least $11 per hour, plus
benefits.
Subd. 4. Verification
prior to payment of rebate. The
commissioner shall not pay any rebate until all training costs and payment of
the training costs by the employer have been verified.
Subd. 5. Allocation. (a) The commissioner shall allocate
payment for rebates to employers only after receipt of a complete application
for the rebate, including the provision of all of the required information and
the execution of an agreement and approval by the commissioner. In approving applications, the commissioner
must give priority to employers in counties with high seasonally adjusted
unemployment rates.
(b) The commissioner may utilize
existing on-the-job training rebate or payment processes or procedures.
Subd. 6. Report. By February 1, 2015, the commissioner
shall report to the committees of the house of representatives and the senate
having jurisdiction over economic development policy and finance. The report must include the following
information:
(1) the total amount of rebates issued;
(2) the number of individuals receiving
training, including disaggregate data for employees who are individuals with
disabilities, veterans, or who were long-term unemployed;
(3) an analysis of the effectiveness of
the rebate in encouraging employment; and
(4) any other information the
commissioner determines appropriate.
Sec. 12. PILOT
PROGRAMS; PRECISION MANUFACTURING AND HEALTH CARE SERVICES.
The commissioner of labor and industry
shall establish pilot programs to develop competency standards for
apprenticeship programs in precision manufacturing and health care services. The pilot programs shall be administered by
the registered apprenticeship program within the Department of Labor and
Industry. In establishing the pilot
programs, the commissioner may convene recognized industry experts and
representative employers to assist in defining credible competency standards
acceptable to the information technology and health care services industries.
Sec. 13. PILOT
PROGRAM; INFORMATION TECHNOLOGY.
The commissioner of employment and
economic development shall establish a pilot program to develop competency
standards for an information technology apprenticeship program. In establishing the pilot program, the
commissioner may convene recognized industry experts and representative
employers to define credible competency standards acceptable to the information
technology industry.
Sec. 14. OUTCOMES.
The outcomes expected from each of the
pilot programs listed in sections 12 and 13 include:
(1) establishment of competency standards
for entry level and at least two additional higher skill levels for
apprenticeship training in each industry;
(2) verification of competency standards
and skill levels and their transferability by representatives of each
respective industry;
(3) clarification of ways for Minnesota
educational institutions to engage in providing training to meet the competency
standards established; and
(4) participation from the identified
industry sectors.
Sec. 15. REPEALER.
Minnesota Statutes 2012, section
116J.997, is repealed.
ARTICLE 5
WORKERS' COMPENSATION
Section 1. Minnesota Statutes 2013 Supplement, section 176.011, subdivision 15, is amended to read:
Subd. 15. Occupational disease. (a) "Occupational disease" means a mental impairment as defined in paragraph (d) or physical disease arising out of and in the course of employment peculiar to the occupation in which the employee is engaged and due to causes in excess of the hazards ordinary of employment and shall include undulant fever. Physical stimulus resulting in mental injury and mental stimulus resulting in physical injury shall remain compensable. Mental impairment is not considered a disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer. Ordinary diseases of life to which the general public is equally exposed outside of employment are not compensable, except where the diseases follow as an incident of an occupational disease, or where the exposure peculiar to the occupation makes the disease an occupational disease hazard. A disease arises out of the employment only if there be a direct causal connection between the conditions under which the work is performed and if the occupational disease follows as a natural incident of the work as a result of the exposure occasioned by the nature of the employment. An employer is not liable for compensation for any occupational disease which cannot be traced to the employment as a direct and proximate cause and is not recognized as a hazard characteristic of and peculiar to the trade, occupation, process, or employment or which results from a hazard to which the worker would have been equally exposed outside of the employment.
(b) If immediately preceding the date of disablement or death, an employee was employed on active duty with an organized fire or police department of any municipality, as a member of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee was given a thorough physical examination by a licensed doctor of medicine, and a written report thereof has been made and filed with such organized fire or police department, with the Minnesota State Patrol, conservation officer service, state crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's department of any county, which examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment. If immediately preceding the date of disablement or death, any individual who by nature of their position provides emergency
medical care, or an employee who was employed as a licensed police officer under section 626.84, subdivision 1; firefighter; paramedic; state correctional officer; emergency medical technician; or licensed nurse providing emergency medical care; and who contracts an infectious or communicable disease to which the employee was exposed in the course of employment outside of a hospital, then the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment and the presumption may be rebutted by substantial factors brought by the employer or insurer. Any substantial factors which shall be used to rebut this presumption and which are known to the employer or insurer at the time of the denial of liability shall be communicated to the employee on the denial of liability.
(c) A firefighter on active duty with an organized fire department who is unable to perform duties in the department by reason of a disabling cancer of a type caused by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the International Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling cancer, is presumed to have an occupational disease under paragraph (a). If a firefighter who enters the service after August 1, 1988, is examined by a physician prior to being hired and the examination discloses the existence of a cancer of a type described in this paragraph, the firefighter is not entitled to the presumption unless a subsequent medical determination is made that the firefighter no longer has the cancer.
(d) For the purposes of this chapter,
"mental impairment" means a diagnosis of post-traumatic stress
disorder by a licensed psychiatrist or psychologist. For the purposes of this chapter,
"post-traumatic stress disorder" means the condition as described in
the most recently published edition of the Diagnostic and Statistical Manual of
Mental Disorders by the American Psychiatric Association. For purposes of section 79.34, subdivision
2, one or more compensable mental impairment claims arising out of a single
event or occurrence shall constitute a single loss occurrence.
EFFECTIVE
DATE. This section is
effective for employees with dates of injury on or after October 1, 2013.
Sec. 2. Minnesota Statutes 2012, section 176.129, subdivision 2a, is amended to read:
Subd. 2a. Payments
to fund. (a) On or before April 1 of
each year, all self-insured employers shall report paid indemnity losses and
insurers shall report paid indemnity losses and standard workers' compensation
premium in the form and manner prescribed by the commissioner. On June 1 of each year, the commissioner
shall determine the total amount needed to pay all estimated liabilities,
including administrative expenses, of the special compensation fund for the
following fiscal year. The commissioner
shall assess this amount against self-insured employers and insurers. The total amount of the assessment must be
allocated between self-insured employers and insured employers based on paid
indemnity losses for the preceding calendar year, as provided by paragraph (b). The method of assessing self-insured
employers must be based on paid indemnity losses, as provided by paragraph (c). The method of assessing insured employers is
based on standard workers' compensation premium, as provided by paragraph (c). Each insurer shall collect the assessment
through a policyholder surcharge as provided by paragraph (d). On or before June 30 of each year, the
commissioner shall provide notification to each self-insured employer and
insurer of amounts due. Each
self-insured employer and each insurer shall pay at least one-half of the
amount due to the commissioner for deposit into the special compensation fund
on or before August 1 of the same calendar year. The remaining balance is due on February 1 of
the following calendar year. Each
insurer must pay the full amount due as stated in the commissioner's
notification, regardless of the amount the insurer actually collects from the premium
policyholder surcharge.
(b) The portion of the total assessment that is allocated to self-insured employers is the proportion that paid indemnity losses made by all self-insured employers bore to the total paid indemnity losses made by all self-insured employers and insured employers during the preceding calendar year. The portion of the total assessment that is allocated to insured employers is the proportion that paid indemnity losses made on behalf of all insured employers bore to the total paid indemnity losses made by all self-insured employers and insured employers during the preceding calendar year.
(c)
The portion of the total assessment allocated to self-insured employers that
shall be paid by each self-insured employer must be based upon paid indemnity
losses made by that self-insured employer during the preceding calendar year. The portion of the total assessment allocated
to insured employers that is paid by each insurer must be based on standard
workers' compensation premium earned in the state by that insurer during the preceding
current calendar year. If the
current calendar year earned standard workers' compensation premium is not
available, the commissioner shall estimate the portion of the total assessment
allocated to insured employers that is paid by each insurer using the earned
standard workers' compensation premium from the preceding calendar year. The commissioner shall then perform a
reconciliation and final determination of the portion of the total assessment
to be paid by each insurer when the earned standard workers' compensation premium
for the current calendar year is calculable, but the final determination must
not be made after December 1 of the following calendar year. An employer who has ceased to be self-insured
shall continue to be liable for assessments based on paid indemnity losses
arising out of injuries occurring during periods when the employer was
self-insured, unless the self-insured employer has purchased a replacement
policy covering those losses. An insurer
who assumes a self-insured employer's obligation under a replacement policy
shall separately report and pay assessments based on indemnity losses paid by
the insurer under the replacement policy.
The replacement policy may provide for reimbursement of the assessment
to the insurer by the self-insured employer.
(d) Insurers shall collect the assessments
from their insured employers through a surcharge based on standard workers'
compensation premium for each employer. Assessments
when collected do not constitute an element of loss for the purpose of
establishing rates for workers' compensation insurance but for the purpose of
collection are treated as separate costs imposed on insured employers. The premium policyholder
surcharge is included in the definition of gross premium as defined in section
297I.01 only for premium tax purposes.
An insurer may cancel a policy for nonpayment of the premium policyholder
surcharge. The premium policyholder
surcharge is excluded from the definition of premium for all other purposes,
except as otherwise provided in this paragraph.
(e) For purposes of this section, the workers' compensation assigned risk plan established under section 79.252, shall report and pay assessments on standard workers' compensation premium in the same manner as an insurer.
EFFECTIVE DATE. This section is effective for assessments due
under Minnesota Statutes, section 176.129, subdivision 2a, paragraph (a), on
August 1, 2013, and February 1, 2014, and for the first reconciliation and
final determination under Minnesota Statutes, section 176.129, subdivision 2a,
paragraph (c), due on or before December 1, 2014.
Sec. 3. Minnesota Statutes 2012, section 176.129, subdivision 7, is amended to read:
Subd. 7. Refunds. In case deposit is or has been made
pursuant to subdivision 2a by mistake or inadvertence, or under circumstances
that justice requires a refund, the commissioner of management and budget is
authorized to refund the deposit under order of the commissioner, a
compensation judge, the Workers' Compensation Court of Appeals, or a district
court. Claims for refunds must be
submitted to the commissioner within three years of the assessment due
date of reconciliation and final determination under subdivision 2a. There is appropriated to the commissioner
from the fund an amount sufficient to make the refund and payment.
EFFECTIVE DATE. This section is effective for assessments due
under Minnesota Statutes, section 176.129, subdivision 2a, paragraph (a), on
August 1, 2013, and February 1, 2014, and for the first reconciliation and
final determination under Minnesota Statutes, section 176.129,
subdivision 2a, paragraph (c), due on or before December 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 176.135, subdivision 7, is amended to read:
Subd. 7. Medical bills and records. (a) Health care providers shall submit to the insurer an itemized statement of charges in the standard electronic transaction format when required by section 62J.536 or, if there is no prescribed standard electronic transaction format, on a billing form prescribed by the commissioner. Health care providers
shall also submit copies of medical records or reports that substantiate the nature of the charge and its relationship to the work injury. Health care providers may charge for copies of any records or reports that are in existence and directly relate to the items for which payment is sought under this chapter. The commissioner shall adopt a schedule of reasonable charges by rule.
A health care provider shall not collect, attempt to collect, refer a bill for collection, or commence an action for collection against the employee, employer, or any other party until the information required by this section has been furnished.
A United States government facility rendering health care services to veterans is not subject to the uniform billing form requirements of this subdivision.
(b) For medical services provided under
this section on or after October 1, 2014, the codes from the International
Classification of Diseases, Tenth Edition, Clinical Modification/Procedure
Coding System (ICD-10), must be used to report medical diagnoses and hospital
inpatient procedures. The commissioner
must replace the codes from the International Classification of Diseases, Ninth
Edition, Clinical Modification/Procedure Coding System (ICD-9), with equivalent
ICD-10 codes wherever the ICD-9 codes appear in rules adopted under this
chapter. The commissioner must use the
General Equivalence Mappings established by the Centers for Medicare and
Medicaid Services to replace the ICD-9 diagnostic codes with ICD-10 codes in
the rules.
Sec. 5. Minnesota Statutes 2012, section 176.136, subdivision 1a, is amended to read:
Subd. 1a. Relative value fee schedule. (a) The liability of an employer for services included in the medical fee schedule is limited to the maximum fee allowed by the schedule in effect on the date of the medical service, or the provider's actual fee, whichever is lower. The commissioner shall adopt permanent rules regulating fees allowable for medical, chiropractic, podiatric, surgical, and other health care provider treatment or service, including those provided to hospital outpatients, by implementing a relative value fee schedule. The commissioner may adopt by reference, according to the procedures in paragraph (h), clause (2), the relative value fee schedule tables adopted for the federal Medicare program. The relative value fee schedule must contain reasonable classifications including, but not limited to, classifications that differentiate among health care provider disciplines. The conversion factors for the original relative value fee schedule must reasonably reflect a 15 percent overall reduction from the medical fee schedule most recently in effect. The reduction need not be applied equally to all treatment or services, but must represent a gross 15 percent reduction.
(b) Effective October 1, 2005, the commissioner shall remove all scaling factors from the relative value units and establish four separate conversion factors according to paragraphs (c) and (d) for each of the following parts of Minnesota Rules:
(1)
medical/surgical services in Minnesota Rules, part 5221.4030, as defined in
part 5221.0700, subpart 3, item C, subitem (2);
(2)
pathology and laboratory services in Minnesota Rules, part 5221.4040, as defined
in part 5221.0700, subpart 3, item C, subitem (3);
(3) physical medicine and rehabilitation services in Minnesota Rules, part 5221.4050, as defined in part 5221.0700, subpart 3, item C, subitem (4); and
(4) chiropractic services in Minnesota Rules, part 5221.4060, as defined in part 5221.0700, subpart 3, item C, subitem (5).
(c)
The four conversion factors established under paragraph (b) shall be calculated
so that there is no change in each maximum fee for each service under the
current fee schedule, except as provided in paragraphs (d) and (e).
(d) By October 1, 2006, the conversion
factor for chiropractic services described in paragraph (b), clause (4), shall
be increased to equal 72 percent of the conversion factor for medical/surgical
services described in paragraph (b), clause (1). Beginning October 1, 2005, the increase in
chiropractic conversion factor shall be phased in over two years by
approximately equal percentage point increases.
(e) When adjusting the conversion
factors in accordance with paragraph (g) on October 1, 2005, and October 1,
2006, the commissioner may adjust by no less than zero, all of the conversion
factors as necessary to offset any overall increase in payments under the fee
schedule resulting from the increase in the chiropractic conversion factor.
(f) The commissioner shall give notice
of the relative value units and conversion factors established under paragraphs
(b), (c), and (d) according to the procedures in section 14.386, paragraph
(a). The relative value units and
conversion factors established under paragraphs (b), (c), and (d) are not
subject to expiration under section 14.386, paragraph (b).
(g) (c) The conversion
factors shall be adjusted as follows:
(1) After permanent rules have been adopted to implement this section, the conversion factors must be adjusted annually on October 1 by no more than the percentage change computed under section 176.645, but without the annual cap provided by that section.
(2) Each time the workers' compensation relative value fee schedule tables are updated under paragraph (h), the commissioner shall adjust the conversion factors so that, for services in both fee schedules, there is no difference between the overall payment in each category of service listed in paragraph (b) under the new schedule and the overall payment for that category under the workers' compensation fee schedule most recently in effect. This adjustment must be made before making any additional adjustment under clause (1).
(h) (d) The commissioner
shall give notice of the adjusted conversion factors and updates to the
relative value fee schedule as follows:
(1) The commissioner shall annually give notice in the State Register of the adjusted conversion factors and any amendments to rules to implement Medicare relative value tables incorporated by reference under this subdivision. The notices of the adjusted conversion factors and amended rules to implement the relative value tables are subject to the requirements of section 14.386, paragraph (a). The annual adjustments to the conversion factors and the medical fee schedules adopted under this section, including all previous fee schedules, are not subject to expiration under section 14.386, paragraph (b).
(2) The commissioner shall periodically, but at least once every three years, update the workers' compensation relative value tables by incorporating by reference the relative value tables in the national physician fee schedule relative value file established by the Centers for Medicare and Medicaid Services. The commissioner shall publish the notices of the incorporation by reference in the State Register at least 60 days before the tables are to become effective for purposes of payment under this section. Each notice of incorporation must state the date the incorporated tables will become effective and must include information on how the Medicare relative value tables may be obtained. The published notices of incorporation by reference and the incorporated tables are not rules subject to section 14.386 or other provisions of chapter 14, but have the force and effect of law as of the date specified in the notices.
Sec. 6. Minnesota Statutes 2012, section 176.231, subdivision 2, is amended to read:
Subd. 2. Initial
report, written report. Where subdivision
1 requires an injury to be reported within 48 hours, the employer may make an
initial report by telephone, telegraph, or personal notice, and file a
written report of the injury within seven days from its occurrence or within
such time as the commissioner of labor and industry designates. All written reports of injuries required by
subdivision 1 shall include the date of injury.
The reports shall be on a form designed by the commissioner, with a
clear copy suitable for imaging to the commissioner, one copy to the insurer,
and one copy to the employee.
The employer must give the employee the "Minnesota Workers' Compensation System Employee Information Sheet" at the time the employee is given a copy of the first report of injury.
If an insurer or self-insurer repeatedly fails to pay benefits within three days of the due date, pursuant to section 176.221, the insurer or self-insurer shall be ordered by the commissioner to explain, in person, the failure to pay benefits due in a reasonable time. If prompt payments are not thereafter made, the commissioner shall refer the insurer or self-insurer to the commissioner of commerce for action pursuant to section 176.225, subdivision 4.
Sec. 7. Minnesota Statutes 2012, section 176.305, subdivision 1a, is amended to read:
Subd. 1a. Settlement and pretrial conferences; summary decision. The chief administrative law judge shall promptly assign the petition to a compensation judge under section 176.307, and shall schedule a settlement conference before a compensation judge, to be held no later than 180 days after a claim petition was filed, or 45 days after a petition to discontinue, objection to discontinuance, or request for formal hearing was filed.
All parties must appear at the settlement conference, either personally or by representative, must be prepared to discuss settlement of all issues, and must be prepared to discuss or present the information required by the joint rules of the division and the office. If a representative appears on behalf of a party, the representative must have authority to fully settle the matter. The parties shall serve and file a pretrial statement no fewer than five days before the settlement conference.
If settlement is not reached, the chief administrative law judge shall schedule a hearing to be held within 90 days from the scheduled settlement conference. However, the hearing must be held earlier than 90 days from the scheduled settlement conference if this chapter requires an expedited hearing to be held at an earlier date. The hearing must be held before a compensation judge other than the compensation judge who conducted the settlement conference. The compensation judge assigned to hold the hearing may choose to conduct a pretrial conference to clarify the issues and evidence that will be presented at the hearing.
Cancellations and continuations of proceedings are disfavored but may be granted upon the showing of good cause under section 176.341, subdivision 4.
The compensation judge conducting the settlement conference may require the parties to present copies of all documentary evidence not previously filed and a summary of the evidence they will present at a formal hearing. If appropriate, a written summary decision shall be issued within ten days after the conference stating the issues and a determination of each issue. If a party fails to appear at the conference, all issues may be determined contrary to the absent party's interest, provided the party in attendance presents a prima facie case.
The summary decision is final unless a
written request for a formal hearing is served on all parties and filed with
the commissioner within 30 days after the date of service and filing of the
summary decision. Within ten days after
receipt of the request, the commissioner shall certify the matter to the office
for a de novo hearing. In proceedings
under section 176.2615, the summary decision is final and not subject to appeal
or de novo proceedings.
Sec. 8. REPEALER.
Minnesota Statutes 2012, sections
175.006, subdivision 1; 175.08; 175.14; 175.26; 176.1311; 176.136, subdivision
3; 176.2615; and 176.641, are repealed.
ARTICLE 6
MISCELLANEOUS FOR JOBS AND ECONOMIC DEVELOPMENT
Section 1. Minnesota Statutes 2012, section 179.02, is amended by adding a subdivision to read:
Subd. 6. Receipt of gifts, money; appropriation. (a) The commissioner may apply for,
accept, and disburse gifts, bequests, grants, or payments for services from the
United States, the state, private foundations, or any other source.
(b) Money received by the commissioner
under this subdivision must be deposited in a separate account in the state
treasury and invested by the State Board of Investment. The amount deposited, including investment
earnings, is appropriated to the commissioner to carry out duties of the
commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 469.084, is amended by adding a subdivision to read:
Subd. 1a. Meetings
by telephone or other electronic means.
The port authority may conduct meetings as provided by section
13D.015.
ARTICLE 7
COMMERCE
Section 1. Laws 2013, chapter 85, article 1, section 5, is amended to read:
Sec. 5. EXPLORE
MINNESOTA TOURISM |
|
$13,988,000 |
|
$13,988,000 |
(a) To develop maximum private sector involvement in tourism, $500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 must be matched by Explore Minnesota Tourism from nonstate sources. Each $1 of state incentive must be matched with $6 of private sector funding. Cash match is defined as revenue to the state or documented cash expenditures directly expended to support Explore Minnesota Tourism programs. Up to one-half of the private sector contribution may be in-kind or soft match. The incentive in fiscal year 2014 shall be based on fiscal year 2013 private sector contributions. The incentive in fiscal year 2015 shall be based on fiscal year 2014 private sector contributions. This incentive is ongoing.
Funding for the marketing grants is available either year of the biennium. Unexpended grant funds from the first year are available in the second year.
(b) $100,000 of the second year
appropriation is for a grant to the Mille Lacs Tourism Council to enhance
marketing activities related to tourism promotion in the Mille Lacs Lake area.
(c) $100,000 of the second year
appropriation is for additional marketing activities.
Sec. 2. RACING
COMMISSION.
$100,000 in fiscal year 2014 and
$85,000 in fiscal year 2015 are appropriated from the racing and card playing
regulation account in the special revenue fund to the Minnesota Racing
Commission. These appropriations are
onetime and are available either year of the biennium.
PUBLIC SAFETY AND CORRECTIONS
ARTICLE 8
PUBLIC SAFETY AND CORRECTIONS APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
|
|
2014 |
|
2015 |
|
Total |
|
|
|
|
|
|
|
General |
|
$-0-
|
|
$36,475,000
|
|
$36,496,000
|
State Government Special
Revenue |
|
6,359,000
|
|
6,865,000
|
|
13,224,000
|
|
|
|
|
|
|
|
Total |
|
$6,359,000 |
|
$43,361,000 |
|
$49,720,000 |
Sec. 2. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 86, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2014" and "2015" used in this article mean that the
addition to the appropriation listed under them is available for the fiscal
year ending June 30, 2014, or June 30, 2015, respectively. Supplemental appropriations for the fiscal
year ending June 30, 2014, are effective the day following final enactment.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2014 |
2015 |
|
Sec. 3. DEPARTMENT
OF PUBLIC SAFETY |
|
|
|
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$6,359,000 |
|
$13,126,000 |
Appropriations
by Fund |
||
|
||
General |
-0-
|
6,261,000
|
State Government Special Revenue |
6,359,000
|
6,865,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Emergency
Communication Networks |
|
5,059,000
|
|
6,865,000
|
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
Subd. 3. Office
of Justice Programs |
|
-0-
|
|
600,000
|
(a) $300,000 in 2015 is for grants to fund
emergency shelter, housing, or advocacy services targeted to culturally
specific programming for newer immigrant populations. The funds must be awarded to a program or
programs that demonstrate leadership in the
community to be served. This
appropriation is added to the base.
(b) $300,000 in 2015 is for grants to
sexual assault advocacy programs for sexual violence community prevention
networks. For purposes of this section,
"sexual assault" means a violation of Minnesota Statutes, sections
609.342 to 609.3453. This appropriation
is added to the base.
Subd. 4. Emergency
Management |
|
-0-
|
|
5,661,000
|
$5,661,000 in 2015 is for the disaster
assistance contingency account in Minnesota Statutes, section 12.221. These funds are available until spent.
Subd. 5. Fire
Safety Account |
|
1,300,000
|
|
-0-
|
$1,300,000 in 2014 is appropriated from
the fire safety account in the special revenue fund to the commissioner of
public safety for activities and programs under Minnesota Statutes, section
299F.012. This is a onetime
appropriation. By January 15, 2015, the
commissioner shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over the fire safety account regarding
the balances and uses of the account.
Sec. 4. CORRECTIONS
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$-0- |
|
$30,164,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Correctional
Institutions |
|
-0-
|
|
27,321,000
|
This includes a onetime appropriation of
$11,089,000.
Subd. 3. Community
Services |
|
-0- |
|
1,900,000 |
Subd. 4. Operations
Support |
|
-0-
|
|
900,000
|
Sec. 5. PEACE
OFFICER STANDARDS AND TRAINING |
-0-
|
|
50,000
|
$50,000 in 2015 is for training state and
local community safety personnel in the use of crisis de-escalation techniques
for use with Minnesota veterans following their return from active military
service in a combat zone. The director
may consult with any other state or local governmental official or nongovernmental
authority the director determines to be relevant, to include postsecondary
institutions, when selecting a service provider for this training. The training provider must have a
demonstrated understanding of the transitions and challenges that veterans may
experience during their re-entry into society following combat service. The training opportunities provided must be
reasonably distributed statewide. This
is a onetime appropriation.
Sec. 6. Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:
Subd. 7. Emergency
Communication Networks |
|
66,470,000 |
|
70,233,000 |
This appropriation is from the state government special revenue fund for 911 emergency telecommunications services.
(a) Public Safety Answering Points. $13,664,000 each year is to be distributed as provided in Minnesota Statutes, section 403.113, subdivision 2.
(b) Medical Resource Communication Centers. $683,000 each year is for grants to the Minnesota Emergency Medical Services Regulatory Board for the Metro East and Metro West Medical Resource Communication Centers that were in operation before January 1, 2000.
(c) ARMER Debt Service. $17,557,000 the first year and $23,261,000 the second year are to the commissioner of finance to pay debt service on revenue bonds issued under Minnesota Statutes, section 403.275.
Any portion of this appropriation not needed to pay debt service in a fiscal year may be used by the commissioner of public safety to pay cash for any of the capital improvements for which bond proceeds were appropriated by Laws 2005, chapter 136, article 1, section 9, subdivision 8, or Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) Metropolitan Council Debt Service. $1,410,000 each year is to the commissioner of finance for payment to the Metropolitan Council for debt service on bonds issued under Minnesota Statutes, section 403.27.
(e) ARMER State Backbone Operating Costs. $5,060,000 each year is to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.
(f) ARMER Improvements. $1,000,000 each year is for the Statewide Radio Board for costs of design, construction, maintenance of, and improvements to those elements of the statewide public safety radio and communication system that support mutual aid communications and emergency medical services or provide enhancement of public safety communication interoperability.
(g) Next Generation 911. $3,431,000 the first year and $6,490,000 the second year are to replace the current system with the Next Generation Internet Protocol (IP) based network. This appropriation is available until expended. The base level of funding for fiscal year 2012 shall be $2,965,000.
(h) Grants to Local Government. $5,000,000 the first year is for grants
to local units of government to assist with the transition to the ARMER
system. This appropriation is available
until June 30, 2012.
Sec. 7. Laws 2013, chapter 86, article 1, section 12, subdivision 3, as amended by Laws 2013, chapter 140, section 2, is amended to read:
Subd. 3. Criminal
Apprehension |
|
47,588,000 |
|
47,197,000 |
Appropriations by Fund |
||
|
||
General |
42,315,000 |
42,924,000 |
Special Revenue |
3,000,000 |
2,000,000 |
State Government Special Revenue |
7,000 |
7,000 |
Trunk Highway |
2,266,000 |
2,266,000 |
(a) DWI Lab Analysis; Trunk Highway Fund |
|
|
|
|
Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $1,941,000 each year is from the trunk highway fund for laboratory analysis related to driving-while-impaired cases.
(b) Criminal History System |
|
|
|
|
$50,000
the first year and $580,000 the second year from the general fund and,
notwithstanding Minnesota Statutes, section 299A.705, subdivision 4, $3,000,000
the first year and $2,000,000 the second year from the vehicle services account
in the special revenue fund are to replace the state criminal history
system. This appropriation is available
until expended. Of this amount,
$2,980,000 the first year and $2,580,000 the second year are for a onetime
transfer to the Office of Enterprise
Technology for start-up costs. Service
level agreements
must document all project-related transfers under this paragraph. Ongoing operating and support costs for this
system shall be identified and incorporated into future service level
agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (c).
The general fund base for this program is $4,930,000 in fiscal year 2016 and $417,000 in fiscal year 2017.
(c) Criminal Reporting System |
|
|
|
|
$1,360,000 the first year and $1,360,000 the
second year from the general fund are to replace the state's crime reporting
system and include one full-time equivalent business analyst. This appropriation is available until
expended. Of these amounts, $1,360,000
the first year and $1,360,000 $1,290,000 the second year are for
a onetime transfer to the Office of Enterprise Technology for start-up costs. Service level agreements must document all
project-related transfers under this paragraph.
Ongoing operating and support costs for this system shall be identified
and incorporated into future service level agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (b).
The base funding for this program is $1,360,000 in fiscal year 2016 and $380,000 in fiscal year 2017.
(d) Forensic Laboratory |
|
|
|
|
$125,000 the first year and $125,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $125,000 the first year and $125,000 the second year from the trunk highway fund are to replace forensic laboratory equipment at the Bureau of Criminal Apprehension.
$200,000 the first year and $200,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $200,000 the first year and $200,000 the second year from the trunk highway fund are to improve forensic laboratory staffing at the Bureau of Criminal Apprehension.
(e) Livescan Fingerprinting |
|
|
|
|
$310,000 the first year and $389,000 the second year from the general fund are to maintain Livescan fingerprinting machines.
(f)
Report |
|
|
|
|
If the vehicle services special revenue account accrues an unallocated balance in excess of 50 percent of the previous fiscal year's expenditures, the commissioner of public safety shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over transportation and public safety policy and finance. The report must contain specific policy and legislative recommendations for reducing the fund balance and avoiding future excessive fund balances. The report is due within three months of the fund balance exceeding the threshold established in this paragraph.
Sec. 8. Laws 2013, chapter 86, article 1, section 13, is amended to read:
Sec. 13. PEACE
OFFICER STANDARDS AND TRAINING
(POST) BOARD |
$3,870,000 |
|
$3,870,000 |
(a) Excess
Amounts Transferred
This appropriation is from the peace officer training account in the special revenue fund. Any new receipts credited to that account in the first year in excess of $3,870,000 must be transferred and credited to the general fund. Any new receipts credited to that account in the second year in excess of $3,870,000 must be transferred and credited to the general fund.
(b) Peace
Officer Training Reimbursements
$2,734,000 each year is for reimbursements to local governments for peace officer training costs.
(c) Training;
Sexually Exploited and Trafficked Youth
Of the appropriation in paragraph (b),
$100,000 the first year is for reimbursements to local governments for peace
officer training costs on sexually exploited and trafficked youth, including
effectively identifying sex trafficked victims and traffickers, investigation
techniques, and assisting sexually exploited youth. These funds are available until June 30,
2016.
Reimbursement shall be provided on a flat fee basis of $100 per diem per officer.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 9
PUBLIC SAFETY AND CORRECTIONS
Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
Subd. 5. Disclosure. Private or confidential court services data shall not be disclosed except:
(a) pursuant to section 13.05;
(b) pursuant to a statute specifically authorizing disclosure of court services data;
(c) with the written permission of the source of confidential data;
(d) to the court services department, parole or probation authority or state or local correctional agency or facility having statutorily granted supervision over the individual subject of the data;
(e) pursuant to subdivision 6; or
(f) pursuant to a valid court order.;
or
(g) pursuant to section 611A.06,
subdivision 6.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
Subd. 6. Public benefit data. (a) The responsible authority or its designee of a parole or probation authority or correctional agency may release private or confidential court services data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement purposes; and
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the extent that the data are necessary for the victim to assert the victim's legal right to restitution.
(b) A parole or probation authority, a correctional agency, or agencies that provide correctional services under contract to a correctional agency may release to a law enforcement agency the following data on defendants, parolees, or probationers: current address, dates of entrance to and departure from agency programs, and dates and times of any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may release private or confidential court services data to a victim of a delinquent act to the extent the data are necessary to enable the victim to assert the victim's right to request notice of release under section 611A.06. The data that may be released include only the name, home address, and placement site of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act.
(d) Upon the victim's written or
electronic request and, if the victim and offender have been household or
family members as defined in section 518B.01, subdivision 1, paragraph (b), the
commissioner of corrections or the commissioner's designee may disclose to the
victim of an offender convicted of a crime pursuant to section 609.02,
subdivision 16, notification of the city and five-digit zip code of the
offender's residency upon or after release from a Department of Corrections
facility, unless:
(1) the offender is not supervised by
the commissioner of corrections or the commissioner's designee at the time of
the victim's request;
(2) the commissioner of corrections or the commissioner's designee does not have the city or zip code; or
(3) the commissioner of corrections or
the commissioner's designee reasonably believes that disclosure of the city or
zip code of the offender's residency creates a risk to the victim, offender, or
public safety.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 243.167, subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section, "crime
against the person" means a violation of any of the following or a similar
law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221;
609.222; 609.223; 609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision
2 or 4; 609.2247; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451,
subdivision 2 3; 609.498, subdivision 1; 609.582, subdivision 1;
or 617.23, subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.
Sec. 4. Minnesota Statutes 2012, section 299F.012, subdivision 1, is amended to read:
Subdivision 1. Authorized programs within department. From the revenues appropriated from the fire safety account, established under section 297I.06, subdivision 3, the commissioner of public safety may expend funds for the activities and programs identified by the advisory committee established under subdivision 2 and recommended to the commissioner of public safety. The commissioner shall not expend funds without the recommendation of the advisory committee established under subdivision 2. The commissioner shall not expend funds without the recommendation of the advisory committee established under subdivision 2. These funds are to be used to provide resources needed for identified activities and programs of the Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are fulfilled.
Sec. 5. Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:
Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory Committee shall provide recommendations to the commissioner of public safety on fire service-related issues and shall consist of representatives of each of the following organizations: two appointed by the president of the Minnesota State Fire Chiefs Association, two appointed by the president of the Minnesota State Fire Department Association, two appointed by the president of the Minnesota Professional Fire Fighters, two appointed by the president of the League of Minnesota Cities, one appointed by the president of the Minnesota Association of Townships, one appointed by the president of the Insurance Federation of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the International Association of Arson Investigators and the Fire Marshals Association of Minnesota, and the commissioner of public safety or the commissioner's designee. The commissioner of public safety must ensure that at least three of the members of the advisory committee work and reside in counties outside of the seven-county metropolitan area. The committee shall provide funding recommendations to the commissioner of public safety from the fire safety fund for the following purposes:
(1) for the Minnesota Board of Firefighter Training and Education;
(2) for programs and staffing for the State Fire Marshal Division; and
(3) for fire-related regional response team programs and any other fire service programs that have the potential for statewide impact.
(b) The committee under paragraph (a)
does not expire.
Sec. 6. Minnesota Statutes 2012, section 609.135, subdivision 2, is amended to read:
Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not more than four years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20 or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The court shall provide for unsupervised probation for the last year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last year.
(c) If the conviction is for a gross
misdemeanor violation of section 609.3451, subdivision 1, the stay shall be for
not more than six years.
(c) (d) If the conviction is
for a gross misdemeanor not specified in paragraph (b), the stay shall be for
not more than two years.
(d) (e) If the conviction is
for any misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or
617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision 1,
in which the victim of the crime was a family or household member as defined in
section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
(e) (f) If the conviction is
for a misdemeanor not specified in paragraph (d) (e), the stay
shall be for not more than one year.
(f) (g) The defendant shall
be discharged six months after the term of the stay expires, unless the stay
has been revoked or extended under paragraph (g) (h), or the
defendant has already been discharged.
(g) (h) Notwithstanding the
maximum periods specified for stays of sentences under paragraphs (a) to (f)
(g), a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the
defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104.
(h) (i) Notwithstanding the
maximum periods specified for stays of sentences under paragraphs (a) to (f)
(g), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.
EFFECTIVE DATE. This section is effective August 1, 2014, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
Subd. 3. Felony. A person is guilty of a felony and may be
sentenced to imprisonment for not more than five ten years or to
payment of a fine of not more than $10,000, or both, if the person violates subdivision
1, clause (2), this section within ten years after having been previously
convicted of or adjudicated delinquent for violating
subdivision
1, clause (2) this section; sections 609.342 to 609.345; or 609.3453;
section 617.23, subdivision 2, clause (1); 617.247; or a
statute from another state in conformity with subdivision 1, clause (2), or
section 617.23, subdivision 2, clause (1) therewith.
EFFECTIVE DATE. This section is effective August 1, 2014, and
applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision to read:
Subd. 6. Offender
location. (a) Upon the
victim's written or electronic request and if the victim and offender have been
household or family members as defined in section 518B.01, subdivision 2,
paragraph (b), the commissioner of corrections or the commissioner's designee
shall disclose to the victim of an offender convicted of a crime pursuant to
section 609.02, subdivision 16, notification of the city and five-digit zip
code of the offender's residency upon release from a Department of Corrections
facility, unless:
(1) the offender is not supervised by
the commissioner of corrections or the commissioner's designee at the time of
the victim's request;
(2) the commissioner of corrections or
the commissioner's designee does not have the city or zip code; or
(3) the commissioner of corrections or
the commissioner's designee reasonably believes that disclosure of the city or
zip code of the offender's residency creates a risk to the victim, offender, or
public safety.
(b) All identifying information
regarding the victim including, but not limited to, the notification provided
by the commissioner of corrections or the commissioner's designee is classified
as private data on individuals as defined in section 13.02, subdivision 12, and
is accessible only to the victim.
EFFECTIVE
DATE. This section is
effective January 15, 2015.
Sec. 9. REVISOR'S
INSTRUCTION.
In the next edition of Minnesota
Statutes, the revisor of statutes shall change the headnote of section 609.3451,
subdivision 2, from "Penalty" to "Gross misdemeanor."
ARTICLE 10
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; FEDERAL AID GRANTED
Section 1. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to read:
Subd. 5d. Local government. "Local government" has the
meaning given in Code of Federal Regulations, title 44, section
206.2 (2012).
Sec. 2. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to read:
Subd. 6b. Nonfederal
share. "Nonfederal share"
has the meaning given in section 12A.02, subdivision 7.
Sec. 3. Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:
Subd. 4. Subgrant agreements; state share. (a) The state director, serving as the governor's authorized representative, may enter into subgrant agreements with eligible applicants to provide federal and state financial assistance made available as a result of a disaster declaration.
(b)
When state funds are used to provide the FEMA Public Assistance Program
cost-share requirement for a local government, the state director must award a
local government 100 percent of the nonfederal share of the local government's
FEMA Public Assistance Program costs.
Sec. 4. Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision to read:
Subd. 6. Disaster
assistance contingency account; appropriation. (a) A disaster assistance contingency
account is created in the general fund in the state treasury. Money in the disaster assistance contingency
account is appropriated to the commissioner of public safety to provide:
(1) cost-share for federal assistance
under section 12A.15, subdivision 1; and
(2) state public disaster assistance to
eligible applicants under chapter 12B.
(b) For appropriations under paragraph
(a), clause (1), the amount appropriated is 100 percent of any nonfederal share
for state agencies and local governments.
Money appropriated under paragraph (a), clause (1), may be used to pay
all or a portion of the nonfederal share for publicly owned capital improvement
projects.
(c) For appropriations under paragraph
(a), clause (2), the amount appropriated is the amount required to pay eligible
claims under chapter 12B, as certified by the commissioner of public safety.
(d) If the amount appropriated is
insufficient to cover costs for paragraph (a), clauses (1) and (2), the
commissioner of public safety shall pay up to an additional $4,000,000 from the
general fund appropriation provided under this paragraph. No payment shall be made under this paragraph
until:
(1) the commissioner of public safety
has given the commissioner of management and budget an estimate of the
additional funds required;
(2) the commissioner of management and
budget has reported the estimate to the chairs of the house of representatives
Ways and Means Committee and the senate Finance Committee; and
(3) the commissioner of management and
budget has approved the payments.
(e) Amounts approved by the commissioner
of management and budget, up to $4,000,000 per fiscal year, are appropriated
from the general fund to the commissioner of public safety. By January 15 of each year, the commissioner
of management and budget shall submit a report to the chairs of the house of
representatives Ways and Means Committee and the senate Finance Committee
detailing state disaster assistance appropriations and expenditures under this
subdivision during the previous calendar year.
(f) The governor's budget proposal
submitted to the legislature under section 16A.11 must include recommended
appropriations to the disaster assistance contingency account. The governor's appropriation recommendations
must be informed by the commissioner of public safety's estimate of the amount
of money that will be necessary to:
(1) provide 100 percent of the
nonfederal share for state agencies and local governments that will receive
federal financial assistance from FEMA during the next biennium; and
(2) fully pay all eligible claims under
chapter 12B.
(g) Notwithstanding section 16A.28:
(1)
funds appropriated or transferred to the disaster assistance contingency
account do not lapse but remain in the account until appropriated; and
(2) funds appropriated from the
disaster assistance contingency account do not lapse and are available until
expended.
Sec. 5. Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:
Subd. 2. Appropriation. "Appropriation" means an appropriation provided in law specifically to implement this chapter, including but not limited to a statutory appropriation to provide the required cost-share for federal disaster assistance under section 12.221.
Sec. 6. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision to read:
Subd. 6. Local
government. "Local
government" has the meaning given in section 12.03, subdivision 5d.
Sec. 7. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision to read:
Subd. 7. Nonfederal
share. "Nonfederal
share" means that portion of total FEMA Public Assistance Program costs
that is no more than 25 percent and is not eligible for FEMA reimbursement.
Sec. 8. Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:
Subd. 3. Nonduplication
of federal assistance. State
assistance may not duplicate or supplement eligible FEMA Public Assistance
Program assistance. For eligible Public
Assistance Program costs, any state matching cost-share money
made available for that assistance must be disbursed by the Department of
Public Safety to a state agency, local political subdivision, Indian tribe
government, or other applicant. State
assistance distributed by a state agency, other than the Department of Public
Safety, to a political subdivision local government or other
applicant for disaster costs that are eligible for FEMA Public Assistance
Program assistance constitutes an advance of funds. Such advances must be repaid to the
applicable state agency when the applicant has received the FEMA Public
Assistance Program assistance, and whatever state matching cost-share
money may be made available for that assistance, from the Department of Public
Safety.
Sec. 9. Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:
Subdivision 1. State match
cost-share for federal assistance.
State appropriations may be used for payment of the state match
for federal disaster assistance to pay 100 percent of the nonfederal
share for state agencies. If
authorized in law, state appropriations may be used to pay all or a portion of
the local share of the match for federal funds for political subdivisions and
local governments under section 12.221.
An appropriation from the bond proceeds fund may be used to fund
federal match obligations as cost-share for federal disaster assistance
for publicly owned capital improvement projects resulting from the receipt
of federal disaster assistance.
Sec. 10. Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision to read:
Subd. 9. Disaster
assistance. (a) The
commissioner of management and budget must transfer the unexpended and
unencumbered balance of a general fund disaster assistance appropriation that
expires as provided under this section or as
otherwise provided by law to the disaster assistance contingency account in
section 12.221, subdivision 6.
(b) Expired disaster assistance
transferred to the disaster assistance contingency account is appropriated as
provided under section 12.221, subdivision 6, regardless of the specific
disaster event or purpose for which the expired disaster assistance was
originally appropriated.
(c)
The commissioner must report each transfer to the chairs of the house of
representatives Ways and Means Committee and the senate Finance Committee.
(d) For the purposes of this
subdivision, "disaster assistance appropriation" means an
appropriation from the general fund to provide cost-share required for federal
disaster assistance or to provide other state disaster assistance under chapter
12A or 12B.
Sec. 11. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 11
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; ABSENT FEDERAL AID
Section 1.
[12B.10] PUBLIC DISASTER
ASSISTANCE; ABSENT FEDERAL AID.
This chapter establishes a state public
assistance program to provide cost-share assistance to local governments that
sustain significant damage on a per capita basis but are not eligible for
federal disaster assistance or corresponding state assistance under chapter
12A.
Sec. 2. [12B.15]
DEFINITIONS.
Subdivision 1. Application. The definitions in this section apply
to this chapter.
Subd. 2. Applicant. "Applicant" means a local
government that applies for state disaster assistance under this chapter.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of public safety.
Subd. 4. Director. "Director" means the
director of the Division of Homeland Security and Emergency Management in the
Department of Public Safety.
Subd. 5. Disaster. "Disaster" means any catastrophe,
including but not limited to a tornado, storm, high water, wind-driven water,
tidal wave, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or
drought or, regardless of cause, any fire, flood, or explosion.
Subd. 6. FEMA. "FEMA" means the Federal
Emergency Management Agency.
Subd. 7. Incident
period. "Incident
period" means the time interval of a disaster as delineated by specific
start and end dates.
Subd. 8. Local
government. "Local
government" has the meaning given in section 12A.03, subdivision 5d.
Sec. 3. [12B.25]
ELIGIBILITY CRITERIA; CONSIDERATIONS.
Subdivision 1. Payment
required; eligibility criteria. The
director, serving as the governor's authorized representative, may enter into
grant agreements with eligible applicants to provide state financial assistance
made available as a result of a disaster that satisfies all of the following
criteria:
(1) the state and applicable local
government declares a disaster or emergency during the incident period;
(2)
damages suffered and eligible costs incurred are the direct result of the
disaster;
(3) federal disaster assistance is not
available to the applicant because the governor did not request a presidential
declaration of major disaster, the president denied the governor's request, or
the applicant is not eligible for federal disaster assistance because the state
or county did not meet the per capita impact indicator under FEMA's Public
Assistance Program;
(4) the applicant incurred eligible
damages that, on a per capita basis, equal or exceed 50 percent of the
countywide per capita impact indicator under FEMA's Public Assistance Program;
(5) the applicant assumes responsibility
for 25 percent of the applicant's total eligible costs; and
(6) the applicant satisfies all
requirements in this chapter.
Subd. 2. Considerations; other resources
available. When evaluating
applicant eligibility under subdivision 1, the director must
consider:
(1) the availability of other resources
from federal, state, local, private, or other sources; and
(2) the availability or existence of
insurance.
Sec. 4. [12B.30]
ELIGIBLE COSTS.
Subdivision 1. Eligible
costs. Costs eligible for
payment under this chapter are those costs that would be eligible for federal
financial assistance under FEMA's Public Assistance Program.
Subd. 2. Ineligible costs. Ineligible costs are all costs not
included in subdivision 1, including but not limited to:
(1) ordinary operating expenses,
including salaries and expenses of employees and public officials that are not
directly related to the disaster response;
(2) costs for which payment has been or
will be received from any other funding source;
(3) disaster-related costs that should,
in the determination of the director, be covered and compensated by insurance;
and
(4) projects and claims totaling less
than the minimum FEMA project threshold.
Sec. 5. [12B.35]
APPLICANT'S SHARE.
An applicant's share of eligible costs
incurred must not be less than 25 percent.
The substantiated value of donated materials, equipment, services, and
labor may be used as all or part of the applicant's share of eligible costs,
subject to the following:
(1) all items and sources of donation
must be indicated on the application and any supporting documentation submitted
to the commissioner;
(2) the rate for calculating the value
of donated, nonprofessional labor is the prevailing federal minimum wage;
(3) the value of donated equipment may
not exceed the highway equipment rates approved by the commissioner of transportation;
and
(4) the value of donated materials and
professional services must conform to market rates and be established by
invoice.
Sec. 6. [12B.40]
APPLICATION PROCESS.
(a) The director must develop
application materials and may update the materials as needed. Application materials must include
instructions and requirements for assistance under this chapter.
(b) An applicant has 30 days from the
end of the incident period or the president's official denial of the governor's
request for a declaration of a major disaster to provide the director with
written notice of intent to apply. The
director may deny an application due to a late notice of intent to apply.
(c) Within 60 days after the end of the
incident period or the president's official denial of the governor's request
for a declaration of a major disaster, the applicant must submit a complete
application to the director. A complete
application includes the following:
(1) the cause, location of damage, and
incident period;
(2) documentation of a local, tribal,
county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an
initial damage assessment, and the amount of eligible costs incurred by the
applicant;
(4) a statement or evidence that the
applicant has the ability to pay for at least 25 percent of total eligible
costs incurred from the disaster; and
(5) a statement or evidence that the
local government has incurred damages equal to or exceeding 50 percent of the
federal countywide threshold in effect during the incident period.
(d) The director must review the
application and supporting documentation for completeness and may return the
application with a request for more detailed information. The director may consult with local public
officials to ensure the application reflects the extent and magnitude of the
damage and to reconcile any differences.
The application is not complete until the director receives all
requested information.
(e) If the director returns an
application with a request for more detailed information or for correction of
deficiencies, the applicant must submit all required information within 30 days
of the applicant's receipt of the director's request. The applicant's failure to provide the
requested information in a timely manner without a reasonable explanation may
be cause for denial of the application.
(f) The director has no more than 60
days from the receipt of a complete application to approve or deny the
application, or the application is deemed approved. If the director denies an application, the
director must send a denial letter. If
the director approves an application or the application is automatically deemed
approved after 60 days, the director must notify the applicant of the steps
necessary to obtain reimbursement of eligible costs, including submission of
invoices or other documentation substantiating the costs submitted for
reimbursement.
Sec. 7. [12B.45]
CLAIMS PROCESS.
Subdivision 1. Claims;
appeal. (a) An applicant must
submit to the director completed claims for payment of actual and eligible
costs on forms provided by the director.
All eligible costs claimed for payment must be documented and consistent
with the eligibility provisions of this chapter.
(b) If the director denies an
applicant's claim for payment, the applicant has 30 days from receipt of the
director's determination to appeal in writing to the commissioner. The appeal must include the applicant's
rationale for reversing the director's determination. The commissioner has 30 days from receipt of
the appeal to uphold or
modify
the director's determination and formally respond to the applicant. If, within 30 days of receiving the
commissioner's decision, the applicant notifies the commissioner that the
applicant intends to contest the commissioner's decision, the Office of
Administrative Hearings shall conduct a hearing under the contested case
provisions of chapter 14.
Subd. 2. Final
inspection. Upon completion
of all work by an applicant, the director may inspect all work claimed by the
applicant. The applicant must provide
the director with access to records pertaining to all claimed work and must
permit the director to review all records relating to the work.
Subd. 3. Closeout. The director must close out an
applicant's disaster assistance application after all of the following occur:
(1) eligible work is complete;
(2) the applicant receives the final
amount due or pays any amount owed under section 12B.50; and
(3) any extant or scheduled audits are
complete.
Subd. 4. Audit. (a) An applicant must account for all
funds received under this chapter in conformance with generally accepted
accounting principles and practices. The
applicant must maintain detailed records of expenditures to show that grants
received under this chapter were used for the purpose for which the payment was
made. The applicant must maintain
records for five years and make the records available for inspection and audit
by the director or the state auditor. The
applicant must keep all financial records for five years after the final
payment, including but not limited to all invoices and canceled checks or bank
statements that support all eligible costs claimed by the applicant.
(b) The director or state auditor may
audit all applicant records pertaining to an application or payment under this
chapter.
Subd. 5. Reporting
payments. The director must
post on the division Web site a list of the recipients and amounts of the
payments made under this chapter.
Sec. 8. [12B.50]
FUNDING FROM OTHER SOURCES; REPAYMENT REQUIRED.
If an applicant subsequently recovers
eligible costs from another source after receiving payment under this chapter,
the applicant must pay the commissioner an amount equal to the corresponding
state funds received within 30 days. The
commissioner must deposit any repayment in the disaster response contingency
account in section 12.221, subdivision 6.
Sec. 9. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
TRANSPORTATION
ARTICLE 12
TRANSPORTATION APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 117, article 1, unless otherwise specified, to the agencies and for the
purposes specified in this article. Unless
otherwise specified, the appropriations are not added to the base appropriation
for each purpose. The appropriations
are
from the general fund, or another named fund, and are available for the fiscal
years indicated for each purpose. The
figures "2014" and "2015" used in this article mean that
the appropriations listed under them are available for the fiscal year ending
June 30, 2014, or June 30, 2015, respectively.
For purposes of this article, "the first year" is fiscal year
2014, "the second year" is fiscal year 2015, and "the
biennium" is fiscal years 2014 and 2015.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2014 |
2015 |
|
Sec. 2. DEPARTMENT
OF TRANSPORTATION |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$10,000,000 |
|
$42,732,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Election Day Transit Service |
|
|
|
32,000
|
This appropriation is for allocation to
public transit systems under Minnesota Statutes, section 174.24, in amounts
that reflect the respective foregone fare revenues from transit service under
Minnesota Statutes, section 174.24, subdivision 8.
(b) Safe Routes to School |
|
|
|
250,000
|
This appropriation is for
non-infrastructure activities in the safe routes to school program under
Minnesota Statutes, section 174.40, subdivision 7a.
(c) Highway-Rail Grade Crossings; Oil and Other Hazardous Material |
|
|
5,000,000
|
This appropriation is for development and
implementation of safety improvements at highway grade crossings along rail
corridors in which oil or other hazardous materials are transported. The commissioner shall identify highway-rail
grade crossing locations and improvements in consultation with railroads and
relevant road authorities.
(d) Port Development Assistance Program |
|
|
|
500,000
|
This appropriation is for grants under the
port development assistance program in Minnesota Statutes, chapter 457A.
Subd. 3. State
Roads |
|
|
|
|
(a) Winter-Related Trunk Highway Repair |
|
10,000,000
|
|
|
This appropriation is from the trunk
highway fund for materials and supplies related to road repair resulting from
effects of the 2013-2014 winter season.
(b)
Transportation Economic Development
Program |
|
|
|
4,000,000
|
This appropriation is for the
transportation economic development program under Minnesota Statutes, section
174.12.
(c) Corridors of Commerce Program |
|
|
|
10,000,000
|
This appropriation is for the corridors of
commerce program under Minnesota Statutes, section 161.088, and may include
right-of-way acquisition for projects included in the program. The commissioner may identify projects based
on the most recent selection process or may perform a new selection.
Subd. 4. Local
Roads |
|
|
|
|
(a) Winter-Related County State-Aid Road Repair |
|
|
|
11,448,000
|
This appropriation is for materials and
supplies related to road repair resulting from effects of the 2013-2014 winter
season.
By September 1, 2014, the commissioner
shall apportion funds to counties in the same manner as county state-aid
highway funds provided for calendar year 2014 under Minnesota Statutes,
section 162.07.
(b) Winter-Related Municipal State-Aid Road Repair |
|
|
|
3,552,000
|
This appropriation is for materials and
supplies related to road repair resulting from effects of the 2013-2014 winter
season.
By September 1, 2014, the commissioner
shall apportion funds to cities in the same manner as municipal state-aid
street funds provided for calendar year 2014 under Minnesota Statutes,
section 162.13.
Subd. 5. Willmar
District Headquarters |
|
|
|
4,370,000
|
This appropriation is from the trunk
highway fund to complete the Willmar district headquarters and is added to the appropriation
in Laws 2012, chapter 287, article 1, section 1, subdivision 2.
Subd. 6. Little
Falls Truck Station |
|
|
|
3,580,000
|
This appropriation is from the trunk
highway fund to complete the Little Falls truck station and is added to the appropriation
in Laws 2010, chapter 189, section 15, subdivision 15.
Sec. 3. METROPOLITAN
COUNCIL |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$10,400,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Transit
Development and Improvements |
|
|
|
10,150,000
|
This appropriation is for:
(1) arterial bus rapid transit development,
which may include but is not limited to design, engineering, construction,
capital costs, technology, equipment, and rolling stock;
(2) bus rapid transit station development;
(3) transit shelter improvements under
Minnesota Statutes, section 473.41; and
(4) foregone fare revenues from transit
service under Minnesota Statutes, section 473.408, subdivision 11. The Metropolitan Council shall allocate
amounts under this appropriation to transit providers receiving financial
assistance under Minnesota Statutes, section 473.388, based on respective
foregone fare revenues.
Subd. 3. Suburban
Transit Providers |
|
|
|
250,000
|
This appropriation is for allocation to
replacement service providers operating under Minnesota Statutes, section
473.388, as provided in this subdivision.
Upon receipt of a prioritized listing of
expenditure items and amounts submitted by the Suburban Transit Association, or
by all replacement service providers jointly, the Metropolitan Council shall
distribute all funds appropriated under this subdivision to each identified
replacement service provider, following the priority order in the listing. An expenditure item in the listing must be
for nonoperating transit-related expenses.
Sec. 4. DEPARTMENT
OF PUBLIC SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$2,060,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Transit
Safety Oversight |
|
|
|
60,000
|
$60,000
in the second year is for light rail transit safety oversight under Minnesota
Statutes, section 299A.017, and is added to the base appropriation for the
administration and related services program.
Subd. 3. Capitol
Security |
|
|
|
2,000,000
|
This appropriation is for an increase in
the number of State Patrol troopers or other security officers assigned to the
Capitol complex, and is added to the base appropriation for the capitol
security budget activity.
Sec. 5. TRANSFER;
RAILROAD AND PIPELINE SAFETY.
On or before July 31, 2014, the
commissioner of management and budget shall transfer $2,500,000 from the
general fund to the railroad and pipeline safety account in the special revenue
fund under Minnesota Statutes, section 299A.55.
This is a onetime transfer.
Sec. 6. Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:
Subd. 12. Rochester
Maintenance Facility |
|
|
|
|
This appropriation is from the bond proceeds account in the trunk highway fund.
To prepare a site for and design, construct, furnish, and equip a new maintenance facility in Rochester.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Laws 2010, chapter 189, section 26, subdivision 4, is amended to read:
Subd. 4.
Trunk highway fund bond proceeds
account. To provide the money
appropriated in this act from the bond proceeds account in the trunk highway
fund, the commissioner of management and budget shall sell and issue bonds of
the state in an amount up to $32,945,000 $31,452,000 in the
manner, upon the terms, and with the effect prescribed by Minnesota Statutes,
sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV,
section 11, at the times and in the amounts requested by the commissioner of
transportation. The proceeds of the
bonds, except accrued interest and any premium received from the sale of the
bonds, must be credited to the bond proceeds account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Laws 2012, chapter 287, article 2, section 1, is amended to read:
Section 1.
ROCHESTER MAINTENANCE FACILITY.
$16,100,000 $17,593,000 is
appropriated to the commissioner of transportation to design, construct,
furnish, and equip the maintenance facility in Rochester and corresponding
remodeling of the existing district headquarters building. This appropriation is from the bond proceeds
account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Laws 2012, chapter 287, article 2, section 3, is amended to read:
Sec. 3. TRUNK
HIGHWAY FUND BOND PROCEEDS ACCOUNT.
To provide the money appropriated in this
article from the bond proceeds account in the trunk highway fund, the
commissioner of management and budget shall sell and issue bonds of the state
in an amount up to $16,120,000 $17,613,000 in the manner, upon
the terms, and with the effect prescribed by Minnesota Statutes, sections
167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11,
at the times and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds, must be credited
to the bond proceeds account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Laws 2012, First Special Session chapter 1, article 1, section 28, is amended to read:
Sec. 28. TRANSFERS,
REDUCTIONS, CANCELLATIONS, AND BOND SALE AUTHORIZATIONS REDUCED.
(a) The remaining balance of the appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 7, for the economic development and housing challenge program, estimated to be $450,000, is transferred to the general fund.
(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section 12A.07, is reduced by $1,358,000.
(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $30,000.
(d) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota Statutes, section 12A.06, is reduced by $392,000.
(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota Statutes, section 12A.06, is reduced by $2,000.
(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $5,000.
(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2, section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $271,000.
(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08, is reduced by $103,000.
(i) $1,428,000 $534,000 of
the appropriation in Laws 2007, First Special Session chapter 2, article 1,
section 4, subdivision 3, for reconstruction and repair of trunk highways and
trunk highway bridges is canceled. The
bond sale authorization in Laws 2007, First Special Session chapter 2, article
1, section 15, subdivision 2, is reduced by $1,428,000 $534,000.
(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2, article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for grants to local governments for capital costs related to rehabilitation and replacement of local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes, section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17, subdivision 2, is reduced by $2,133,000.
(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Laws 2013, chapter 117, article 1, section 3, subdivision 2, is amended to read:
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Aeronautics
(1) Airport
Development and Assistance |
|
|
|
|
This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.
The base appropriation for fiscal years 2016 and 2017 is $14,298,000 for each year.
Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five years after appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
For the current biennium, the commissioner of
transportation may establish different local contribution rates for airport
projects than those established in Minnesota Statutes, section 360.305,
subdivision 4.
(2) Aviation
Support and Services |
|
6,386,000 |
|
6,386,000 |
Appropriations by Fund |
||
|
||
Airports |
5,286,000 |
5,286,000 |
Trunk Highway |
1,100,000 |
1,100,000 |
$65,000 in each year is from the state airports fund for the Civil Air Patrol.
(b) Transit |
|
17,226,000 |
|
17,245,000 |
Appropriations by Fund |
||
|
||
General |
16,451,000 |
16,470,000 |
Trunk Highway |
775,000 |
775,000 |
$100,000 in each year is from the general fund for the administrative expenses of the Minnesota Council on Transportation Access under Minnesota Statutes, section 174.285.
$78,000 in each year is from the general fund for grants to greater Minnesota transit providers as reimbursement for the costs of providing fixed route public transit rides free of charge under Minnesota Statutes, section 174.24, subdivision 7, for veterans certified as disabled.
(c)
Passenger Rail |
|
500,000 |
|
500,000 |
This appropriation is from the general fund for passenger rail system planning, alternatives analysis, environmental analysis, design, and preliminary engineering under Minnesota Statutes, sections 174.632 to 174.636.
(d) Freight |
|
5,653,000 |
|
5,153,000 |
Appropriations by Fund |
||
|
||
General |
756,000 |
256,000 |
Trunk Highway |
4,897,000 |
4,897,000 |
$500,000 in the first year is from the general fund to pay for the department's share of costs associated with the cleanup of contaminated state rail bank property. This appropriation is available until expended.
(e) Safe Routes to School |
|
250,000 |
|
250,000 |
This appropriation is from the general fund for non-infrastructure activities in the safe routes to school program under Minnesota Statutes, section 174.40, subdivision 7a.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Laws 2013, chapter 117, article 1, section 3, subdivision 3, is amended to read:
Subd. 3. State
Roads |
|
|
|
|
(a) Operations and Maintenance |
|
|
|
|
$5,000,000 in each year is for accelerated
replacement of snow plowing equipment.
The base appropriation for operations and
maintenance for fiscal years 2016 and 2017 is $267,395,000 in each year.
(b) Program Planning and Delivery |
|
206,795,000 |
|
|
Appropriations by Fund |
||
|
||
|
2014 |
2015 |
|
|
|
H.U.T.D. |
75,000 |
0 |
Trunk Highway |
206,720,000 |
|
The
base appropriation for program planning and delivery for fiscal years 2016 and
2017 is $206,720,000 in each year.
$250,000 in each year is for the department's administrative costs for creation and operation of the Joint Program Office for Economic Development and Alternative Finance, including costs of hiring a consultant and preparing required reports.
$130,000 in each year is available for administrative costs of the targeted group business program.
$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.
$75,000 in each year is available for a transportation research contingent account to finance research projects that are reimbursable from the federal government or from other sources. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available: (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the department's district office for that region.
$75,000 in the first year is from the highway user tax distribution fund to the commissioner for a grant to the Humphrey School of Public Affairs at the University of Minnesota for WorkPlace Telework program congestion relief efforts consisting of maintenance of Web site tools and content. This is a onetime appropriation and is available in the second year.
(c) State Road
Construction Activity |
|
|
|
|
(1) Economic
Recovery Funds - Federal Highway Aid |
|
1,000,000 |
|
1,000,000 |
This appropriation is to complete projects using funds made available to the commissioner of transportation under title XII of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and implemented under Minnesota Statutes, section 161.36, subdivision 7. The base appropriation is $1,000,000 in fiscal year 2016 and $0 in fiscal year 2017.
(2) State Road
Construction |
|
|
|
815,600,000 |
It is estimated that these appropriations will be funded as follows:
Appropriations by Fund |
||
|
||
Federal Highway Aid |
489,200,000 |
482,200,000 |
Highway User Taxes |
|
333,400,000 |
The commissioner of transportation shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance of any significant events that should cause these estimates to change.
This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities. This includes the cost of actual payment to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
The base appropriation for state road construction for fiscal years 2016 and 2017 is $645,000,000 in each year.
$10,000,000 in each year is for the transportation economic development program under Minnesota Statutes, section 174.12.
The commissioner may expend up to one-half of one percent of the federal appropriations under this clause as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction.
The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects.
Notwithstanding subdivision 6, the
commissioner may transfer up to $6,000,000 from the trunk highway fund under
this appropriation to the Stillwater lift bridge endowment account under
Minnesota Statutes, section 165.15.
Of this appropriation, $14,000,000 in the
first year is for the specific improvements to "Old Highway 14"
described in the settlement agreement and release executed January 7, 2014,
between the state and Steele and Waseca Counties.
(d)
Highway Debt Service |
|
158,417,000 |
|
189,821,000 |
$148,917,000 in the first year and $180,321,000 in the second year are for transfer to the state bond fund. If an appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget shall notify the senate Committee on Finance and the house of representatives Committee on Ways and Means of the amount of the deficiency and shall then transfer that amount under the statutory open appropriation. Any excess appropriation cancels to the trunk highway fund.
(e) Electronic Communications |
|
5,171,000 |
|
5,171,000 |
Appropriations by Fund |
||
|
||
General |
3,000 |
3,000 |
Trunk Highway |
5,168,000 |
5,168,000 |
The
general fund appropriation is to equip and operate the Roosevelt signal tower
for Lake of the Woods weather broadcasting.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 13. Laws 2013, chapter 117, article 1, section 4, is amended to read:
Sec. 4. METROPOLITAN
COUNCIL |
|
$107,889,000 |
|
$ |
This appropriation is from the general fund for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.
The base appropriation for fiscal years 2016
and 2017 is $76,686,000 $76,626,000 in each year.
$37,000,000 in the first year is for the Southwest Corridor light rail transit line from the Hiawatha light rail transit line in downtown Minneapolis to Eden Prairie, to be used for environmental studies, preliminary engineering, acquisition of real property, or interests in real property, and design. This is a onetime appropriation and is available until expended.
Sec. 14. EFFECTIVE
DATE; SUPERSEDING PROVISIONS.
Regardless of order of enactment,
sections 1 to 5 of this article are not effective if House File No. 2395
is enacted in the 2014 legislative session.
ARTICLE 13
RAILROAD AND PIPELINE SAFETY
Section 1. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 6a. Incident
commander. "Incident
commander" means the official at the site of a discharge who has the
responsibility for operations at the site, as established following National
Incident Management System guidelines.
Sec. 2. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 7a. Listed
sensitive area. "Listed
sensitive area" means an area or location listed as an area of special
economic or environmental importance in an Area Contingency Plan or a Sub-Area
Contingency Plan prepared under the federal Clean Water Act, United States
Code, title 33, section 1321(j)(4).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 11d. Unit
train. "Unit train"
means a train with more than 25 tanker railcars carrying oil or hazardous
substance cargo.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [115E.042]
PREPAREDNESS AND RESPONSE FOR CERTAIN RAILROADS AND PIPELINES.
Subdivision 1. Application. In addition to the requirements of section
115E.04, a person who owns or operates railroad car rolling stock transporting
a unit train must comply with this section.
A person who owns or operates pipeline facilities and is required to
show specific preparedness under section 115E.03, subdivision 2, must comply
with this section as applicable and with the provisions of chapters 299F and
299J.
Subd. 2. Training. (a) Each railroad must offer training
to each fire department having jurisdiction along the route of unit trains. Initial training under this subdivision must
be offered to each fire department by June 30, 2016, and refresher training
must be offered to each fire department at least once every three years
thereafter.
(b) The training must address the
general hazards of oil and hazardous substances, techniques to assess hazards
to the environment and to the safety of responders and the public, factors an
incident commander must consider in determining whether to attempt to suppress
a fire or to evacuate the public and emergency responders from an area, and
other strategies for initial response by local emergency responders. The training must include suggested protocol
or practices for local responders to safely accomplish these tasks.
Subd. 3. Coordination. Beginning June 30, 2015, each railroad
and pipeline company must communicate at least annually with each county or
city emergency manager and a senior fire department officer of each fire
department having jurisdiction along the route of a unit train or a pipeline to
ensure coordination of emergency response activities between the railroad or
pipeline company and local responders.
Subd. 4. Response
capabilities; time limits; drills. (a)
Following confirmation of a discharge, a railroad or pipeline company must
deliver and deploy sufficient equipment and trained personnel to contain and
recover discharged oil or hazardous substances and to protect the environment
and public safety.
(b)
Within one hour of confirmation of a discharge, a railroad or pipeline company
must provide a qualified company employee to advise the incident commander. The employee may be made available by
telephone, and must be authorized to deploy all necessary response resources of
the railroad or pipeline company.
(c) Within three hours of confirmation
of a discharge, a railroad or pipeline company must be capable of delivering
monitoring equipment and a trained operator to assist in protection of
responder and public safety. A plan to
ensure delivery of monitoring equipment and an operator to a discharge site
must be provided each year to the commissioner of public safety.
(d) Within three hours of confirmation
of a discharge, a railroad or pipeline company must provide qualified personnel
at a discharge site to assess the discharge and to advise the incident
commander.
(e)
A railroad or pipeline company must be capable of deploying containment boom
from land across sewer outfalls, creeks, ditches, and other places where oil or
hazardous substances may drain, in order to contain leaked material before it
reaches those resources. The arrangement
to provide containment boom and staff may be made by:
(1) training and caching equipment with
local jurisdictions;
(2) training and caching equipment with
a fire mutual-aid group;
(3) means of an industry cooperative or
mutual-aid group;
(4) deployment of a contractor;
(5) deployment of a response
organization under state contract; or
(6) other dependable means acceptable
to the Pollution Control Agency.
(f) Each arrangement under paragraph
(e) must be confirmed each year. Each
arrangement must be tested by drill at least once every five years.
(g) Within eight hours of confirmation
of a discharge, a railroad or pipeline company must be capable of delivering
and deploying oil spill containment booms, boats, oil recovery equipment,
trained staff, and all other materials needed to provide:
(1) on-site containment and recovery of
a volume of oil equal to ten percent of the calculated worst case discharge at
any location along the route; and
(2) protection of listed sensitive
areas and potable water intakes within one mile of a discharge site and within
eight hours of water travel time downstream in any river or stream that the
right-of-way intersects.
(h) Within 60 hours of confirmation of
a discharge, a railroad or pipeline company must be capable of delivering and
deploying additional oil spill containment booms, boats, oil recovery
equipment, trained staff, and all other materials needed to provide containment
and recovery of a worst-case oil discharge and to protect listed sensitive
areas and potable water intakes at any location along the route.
(i) Each railroad and pipeline must
conduct at least one oil containment, recovery, and sensitive area protection
drill every three years, at a location and time chosen by the Pollution Control
Agency.
Subd. 5. Prevention
and response plans. (a) By
June 30, 2015, a railroad or pipeline company shall submit the prevention and
response plan required under section 115E.04, as necessary to comply with the
requirements of this section, to the commissioner of the Pollution Control
Agency on a form designated by the commissioner.
(b) By June 30 of every third year
following a plan submission under this subdivision, a railroad and pipeline
company must update and resubmit the prevention and response plan to the
commissioner.
EFFECTIVE
DATE. Subdivisions 1 to 3 and
5 are effective the day following final enactment. Subdivision 4 is effective July 1, 2015.
Sec. 5. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision to read:
Subd. 3a. Railroad
and pipeline preparedness; pollution control. The Pollution Control Agency shall
carry out environmental protection activities related to railroad and pipeline
discharge preparedness. Duties under
this subdivision include, but are not limited to:
(1) assisting local emergency managers
and fire officials in understanding the hazards of oil and hazardous
substances, as well as general strategies for containment and environmental
protection;
(2) assisting railroads and pipeline
companies to identify natural resources and sensitive areas, and to devise
strategies to contain and recover oil and hazardous substances from land and
waters along routes;
(3) facilitating cooperation between
railroad and pipeline companies for mutual aid arrangements that provide
training, staff, and equipment as required by this chapter;
(4) participating in drills and
training sessions;
(5) reviewing each railroad and
pipeline company's prevention and response plans for compliance with the
requirements of this chapter, and assessing each company's readiness to protect
the environment;
(6) conducting inspections and drills
as necessary to determine the railroad or pipeline company's compliance with
the requirements of this chapter and ability to protect the environment; and
(7) conducting follow-up corrective
action directives, orders, and enforcement as necessary based on a finding of
inadequate environmental protection preparedness.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision to read:
Subd. 3b. Railroad
and pipeline preparedness; public safety.
The commissioner of public safety shall carry out public safety
protection activities related to railroad and pipeline spill and discharge
preparedness. Duties under this
subdivision include, but are not limited to:
(1) assisting local emergency managers
and fire officials to understand the hazards of oil and hazardous substances,
as well as general strategies for hazard identification, initial isolation, and
other actions necessary to ensure public safety;
(2) assisting railroads and pipeline
companies to develop suggested protocols and practices for local first
responder use in protecting the public's safety;
(3)
facilitating cooperation between railroads, pipeline companies, county and city
emergency managers, and other public safety organizations;
(4) participating in major exercises and
training sessions;
(5) assisting local units of government
to incorporate railroad and pipeline hazard and response information into local
emergency operations plans;
(6) monitoring the public safety-related
training and planning requirements of section 115E.03; and
(7) referring noncompliance with section
115E.03 to the Pollution Control Agency.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:
Subdivision 1. Position
Positions established; duties. (a)
The commissioner of transportation shall establish a position of three
state rail safety inspector positions in the Office of Freight and
Commercial Vehicle Operations of the Minnesota Department of Transportation. On or after July 1, 2015, the commissioner
may establish a fourth state rail safety inspector position following
consultation with railroad companies.
The commissioner shall apply to and enter into agreements with
the Federal Railroad Administration (FRA) of the United States Department of
Transportation to participate in the federal State Rail Safety Partnership
Participation Program for training and certification of an inspector
under authority of United States Code, title 49, sections 20103, 20105, 20106,
and 20113, and Code of Federal Regulations, title 49, part 212.
The (b) A state rail safety
inspector shall inspect mainline track, secondary track, and yard and industry
track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public
crossings; inspect yards and physical plants; review and enforce safety
requirements; review maintenance and repair records; and review railroad
security measures.
(c) A state rail safety inspector may
perform, but is not limited to, the duties described in the federal State Rail
Safety Participation Program. An
inspector may train, be certified, and participate in any of the federal State
Rail Safety Participation Program disciplines, including track, signal and
train control, motive power and equipment, operating practices compliance,
hazardous materials, and highway-rail grade crossings.
(d) To the extent delegated by the
Federal Railroad Administration and authorized by the commissioner, the
an inspector may issue citations for
violations of this chapter, or to ensure railroad employee and public safety
and welfare.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:
Subd. 2.
Railroad company assessment;
account; appropriation. (a) As
provided in this subdivision, the commissioner shall annually assess
railroad companies that are (1) defined as common carriers under section
218.011,; (2) classified by federal law or regulation as Class I
Railroads, or Class I Rail Carriers, Class II Railroads, or
Class II Rail Carriers; and (3) operating in this state,.
(b) The assessment must be by a
division of state rail safety inspector program costs in equal
proportion between carriers based on route miles operated in Minnesota,
assessed in equal amounts for 365 days of the calendar year. The commissioner shall assess all start-up or
re-establishment costs, and all related costs of initiating the state
rail safety inspector program beginning July 1, 2008. The, and ongoing state rail
inspector duties must begin and be assessed on January 1, 2009.
(c)
The assessments must be deposited in a special account in the special revenue
fund, to be known as the state rail safety inspection account. Money in the account is appropriated to the
commissioner and may be expended to cover the costs incurred for the
establishment and ongoing responsibilities of the state rail safety inspector program.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. [299A.55]
RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS MATERIALS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Applicable rail carrier"
means a railroad company that is subject to an assessment under section
219.015, subdivision 2.
(c) "Hazardous substance" has
the meaning given in section 115B.02, subdivision 8.
(d) "Oil" has the meaning
given in section 115E.01, subdivision 8.
(e) "Pipeline company" means
any individual, partnership, association, or public or private corporation
required to show specific preparedness under section 115E.03, subdivision 2.
Subd. 2. Railroad
and pipeline safety account. (a)
A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided
to the account.
(b) $208,000 is annually appropriated to
the commissioner of the Pollution Control Agency for environmental protection
activities related to railroad and pipeline discharge preparedness under
chapter 115E.
(c) Following the appropriation in
paragraph (b), the remaining money in the account is annually appropriated to
the commissioner of public safety for the purposes specified in subdivision 3.
Subd. 3. Allocation
of railroad and pipeline safety funds.
(a) Subject to funding appropriated for this subdivision, the
commissioner shall provide funds for training and response preparedness related
to (1) derailments, discharge incidents, or spills involving trains carrying
oil or other hazardous substances, and (2) pipeline discharge incidents or
spills involving oil or other hazardous substances.
(b) The commissioner shall allocate
available funds to the Board of Firefighter Training and Education under
section 299N.02 and the Division of Homeland Security and Emergency Management.
(c) Prior to making allocations under
paragraph (b), the commissioner shall consult with the Fire Service Advisory
Committee under section 299F.012, subdivision 2.
(d) The commissioner and the entities
identified in paragraph (b) shall prioritize uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge
incidents or spills;
(3) geographic balance; and
(4) recommendations of the Fire Service
Advisory Committee.
(e)
The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include
but are not limited to training curriculum, trainers, trainee overtime salary,
other personnel overtime salary, and tuition;
(2) costs of gear and equipment related
to hazardous materials readiness, response, and management, which may include
but is not limited to original purchase, maintenance, and replacement;
(3) supplies related to the uses under
clauses (1) and (2); and
(4) emergency preparedness planning and
coordination.
(f) Notwithstanding paragraph (b), from
funds in the railroad and pipeline safety account provided for the purposes
under this subdivision, the commissioner may retain a balance in the account
for budgeting in subsequent fiscal years.
Subd. 4. Assessments;
oil and hazardous substances. (a)
The commissioner of public safety shall annually assess $2,500,000 to railroad
and pipeline companies based on the formula specified in paragraph (b). The commissioner shall deposit funds
collected under this subdivision in the railroad and pipeline safety account
under subdivision 2.
(b) The assessment for each railroad is
50 percent of the total annual assessment amount, divided in equal proportion
between applicable rail carriers based on route miles operated in Minnesota. The assessment for each pipeline company is
50 percent of the total annual assessment amount, divided in equal proportion
between companies based on the yearly aggregate gallons of oil and hazardous
substance transported in Minnesota. The
assessment must be in equal amounts for each day of the fiscal year.
(c) The assessments under this
subdivision expire July 1, 2019.
Sec. 10. REPORTS
ON INCIDENT PREPAREDNESS FOR OIL AND OTHER HAZARDOUS MATERIALS TRANSPORTATION.
Subdivision 1. Report
on response preparedness. By
January 15, 2015, the commissioner of public safety shall submit a report on
emergency response preparedness in the public and private sectors for incidents
involving oil and other hazardous materials transported by rail and pipeline to
the chairs and ranking minority members of the legislative committees with
jurisdiction over transportation and public safety policy and finance. At a minimum, the report must:
(1) summarize the preparedness and
emergency response framework in the state;
(2) provide an assessment of costs and
needs of fire departments and other emergency first responders for training and
equipment to respond to discharge or spill incidents involving oil and other
hazardous materials transported by rail and pipeline;
(3) develop a comprehensive public and
private response capacity inventory that, to the extent feasible, includes
statewide identification of major emergency response equipment, equipment
staging locations, mutual aid agreements, and capacities across industries
involved in transportation and storage of oil and other hazardous materials;
(4) provide information and analysis
that forms the basis for allocation of funds under Minnesota Statutes, section
299A.55;
(5)
develop benchmarks or assessment criteria for the evaluation under subdivision
2;
(6) assist in long-range oil and other
hazardous materials incident preparedness planning; and
(7) make recommendations for any
legislative changes.
Subd. 2. Evaluation of response preparedness and
funding. By November 1, 2017,
the commissioner of public safety shall submit an evaluation of railroad and
pipeline safety preparedness and funding related to incidents involving oil
and other hazardous materials to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation and public safety
policy and finance. At a minimum, the
evaluation must:
(1) provide an update to the report
under subdivision 1 that identifies notable changes and provides updated
information as appropriate;
(2) evaluate the effectiveness of
training and response preparedness activities under Minnesota Statutes, section
299A.55, using the criteria established under subdivision 1, clause (5);
(3) identify current sources of funds,
funding levels, and any unfunded needs for preparedness activities;
(4) analyze equity in the distribution
of funding sources for preparedness activities, which must include but is not
limited to (i) examination of the public-private partnership financing model,
and (ii) review of balance across industries involved in storage and
distribution of oil and other hazardous materials; and
(5) make recommendations for any
programmatic or legislative changes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. IMPROVEMENTS
STUDY ON GRADE CROSSINGS AND RAIL SAFETY FOR OIL AND OTHER HAZARDOUS MATERIALS
TRANSPORTATION.
(a) The commissioner of transportation
shall conduct a study on highway-rail grade crossing improvement for oil and
other hazardous materials transported by rail, and on rail safety. At a minimum, the study must:
(1) provide information that assists in
risk management associated with transportation of oil and other hazardous
materials by rail;
(2) develop criteria to prioritize needs
and improvements at highway-rail grade crossings;
(3) consider alternatives for safety
improvements, including but not limited to active warning devices such as gates
and signals, closings, and grade separation;
(4) provide findings and recommendations
that serve to direct accelerated investments in highway-rail grade crossing
safety improvements; and
(5) analyze state inspection activities
and staffing for track and hazardous materials under Minnesota Statutes,
section 219.015.
(b) The commissioner shall submit an
interim update on the study by August 31, 2014, and a final report by October
31, 2014, to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 14
TRANSPORTATION FINANCE PROVISIONS
Section 1. Minnesota Statutes 2012, section 165.15, subdivision 2, is amended to read:
Subd. 2. Use of
funds. (a) Income derived from the
investment of principal in the account may be used by the commissioner of
transportation for operations and routine maintenance, including bridge
safety inspections and reactive repairs, of the Stillwater lift bridge. No money from this account may be used for
any purposes except those described in this section, and no money from this
account may be transferred to any other account in the state treasury without
specific legislative authorization. Any
money transferred from the trunk highway fund may only be used for trunk
highway purposes. For the purposes
of this section:
(1) "Income" is the amount of interest on debt securities and dividends on equity securities. Any gains or losses from the sale of securities must be added to the principal of the account.
(2) "Routine maintenance" means activities that are predictable and repetitive, but not activities that would constitute major repairs or rehabilitation.
(b) Investment management fees incurred by the State Board of Investment are eligible expenses for reimbursement from the account.
(c) The commissioner of transportation has authority to approve or deny expenditures of funds in the account.
Sec. 2. Minnesota Statutes 2013 Supplement, section 168.123, subdivision 2, is amended to read:
Subd. 2. Design. (a) The commissioner of veterans affairs shall design the emblem for the veterans' special plates, subject to the approval of the commissioner, that satisfy the following requirements:
(a) (b) For a Vietnam veteran
who served after July 1, 1961, and before July 1, 1978, in the active military
service in a branch of the armed forces of the United States or a nation or
society allied with the United States the special plates must bear the
inscription "VIETNAM VET."
(b) (c) For a veteran stationed
on the island of Oahu, Hawaii, or offshore, during the attack on Pearl Harbor
on December 7, 1941, the special plates must bear the inscription "PEARL
HARBOR SURVIVOR."
(c) (d) For a veteran who served during World
War II, the plates must bear the inscription "WORLD WAR VET."
(d) (e) For a veteran who
served during the Korean Conflict, the special plates must bear the inscription
"KOREAN VET."
(e) (f) For a combat wounded
veteran who is a recipient of the Purple Heart medal, the plates must bear the
inscription "COMBAT WOUNDED VET" and have a facsimile or an emblem of
the official Purple Heart medal.
A member of the United States armed forces who is serving actively in the military and who is a recipient of the Purple Heart medal is also eligible for this license plate. The commissioner of public safety shall ensure that information regarding the required proof of eligibility for any applicant under this paragraph who has not yet been issued military discharge papers is distributed to the public officials responsible for administering this section.
(f) (g) For a Persian Gulf
War veteran, the plates must bear the inscription "GULF WAR VET." For
the purposes of this section, "Persian Gulf War veteran" means a
person who served on active duty after August 1, 1990, in a branch of the armed
forces of the United States or a nation or society allied with the United
States or the United Nations during Operation Desert Shield, Operation Desert
Storm, or other military operation in the Persian Gulf area combat zone as designated in United States Presidential
Executive Order No. 12744, dated January 21, 1991.
(g) (h) For a veteran who served in the Laos War after July 1, 1961, and before July 1, 1978, the special plates must bear the inscription "LAOS WAR VET."
(h) (i) For a veteran who is
the recipient of:
(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "IRAQ WAR VET" directly below the special plate number;
(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly below the special plate number;
(3) the Global War on Terrorism Expeditionary Medal, the special plates must be inscribed with a facsimile of that medal and must bear the inscription "GWOT VETERAN" directly below the special plate number; or
(4) the Armed Forces Expeditionary Medal, the special plates must bear an appropriate inscription that includes a facsimile of that medal.
(i) (j) For a veteran who is
the recipient of the Global War on Terrorism Service Medal, the special plates
must be inscribed with a facsimile of that medal and must bear the inscription
"GWOT VETERAN" directly below the special plate number. In addition, any member of the National Guard
or other military reserves who has been ordered to federally funded state
active service under United States Code, title 32, as defined in section
190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph,
irrespective of whether that person qualifies as a veteran under section
197.447.
(j) (k) For a veteran who is
the recipient of the Korean Defense Service Medal, the special plates must be
inscribed with a facsimile of that medal and must bear the inscription
"KOREAN DEFENSE SERVICE" directly below the special plate number.
(k) (l) For a veteran who is
a recipient of the Bronze Star medal, the plates must bear the inscription
"BRONZE STAR VET" and have a facsimile or an emblem of the official
Bronze Star medal.
(l) (m) For a veteran who is
a recipient of the Silver Star medal, the plates must bear the inscription
"SILVER STAR VET" and have a facsimile or an emblem of the official
Silver Star medal.
(n) For a woman veteran, the plates must
bear the inscription "WOMAN VETERAN" and have a facsimile or an
emblem as designated by the commissioners of veterans affairs and public
safety.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 169.826, is amended by adding a subdivision to read:
Subd. 7. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 4. Minnesota Statutes 2012, section 169.8261, is amended by adding a subdivision to read:
Subd. 3. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 5. Minnesota Statutes 2012, section 169.86, subdivision 5, is amended to read:
Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with respect to highways under the commissioner's jurisdiction, may charge a fee for each permit issued. The fee for an annual permit that expires by law on the date of the vehicle registration expiration must be based on the proportion of the year that remains until the expiration date. Unless otherwise specified, all fees for permits issued by the commissioner of transportation must be deposited in the state treasury and credited to the trunk highway fund. Except for those annual permits for which the permit fees are specified elsewhere in this chapter, the fees are:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued for like loads carried on a specific route for a period not to exceed two months. "Like loads" means loads of the same product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:
(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or well-being of the public;
(2) motor vehicles that travel on interstate highways and carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826, subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section 169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(d) $120 for an oversize annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer only while operating on twin-trailer routes designated under section 169.81, subdivision 3, paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in section 169.81, subdivision 3, paragraph (e).
(e) For vehicles that have axle weights exceeding the weight limitations of sections 169.823 to 169.829, an additional cost added to the fees listed above. However, this paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in that paragraph, and then the additional cost is for all weight, including the allowance weight, in excess of the permitted maximum axle weight. The additional cost is equal to the product of the distance traveled times the sum of the overweight axle group cost factors shown in the following chart:
|
Overweight Axle Group Cost Factors |
|
||
|
|
|
||
|
|
Cost Per Mile For Each Group Of: |
||
|
|
|
||
Weight (pounds) exceeding weight limitations on axles |
|
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 14 feet or less |
|
|
|
|
|
0-2,000 |
|
.12 |
.05 |
.04 |
2,001-4,000 |
|
.14 |
.06 |
.05 |
4,001-6,000 |
|
.18 |
.07 |
.06 |
6,001-8,000 |
|
.21 |
.09 |
.07 |
8,001-10,000 |
|
.26 |
.10 |
.08 |
10,001-12,000 |
|
.30 |
.12 |
.09 |
12,001-14,000 |
|
Not permitted |
.14 |
.11 |
14,001-16,000 |
|
Not permitted |
.17 |
.12 |
16,001-18,000 |
|
Not permitted |
.19 |
.15 |
18,001-20,000 |
|
Not permitted |
Not permitted |
.16 |
20,001-22,000 |
|
Not permitted |
Not permitted |
.20 |
The amounts added are rounded to the nearest cent for each axle or axle group. The additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed in addition to the normal permit fee. Miles must be calculated based on the distance already traveled in the state plus the distance from the point of detection to a transportation loading site or unloading site within the state or to the point of exit from the state.
(f) As an alternative to paragraph (e), an annual permit may be issued for overweight, or oversize and overweight, mobile cranes; construction equipment, machinery, and supplies; implements of husbandry; and commercial boat hauling. The fees for the permit are as follows:
Gross Weight (pounds) of Vehicle |
Annual Permit Fee |
|
|
90,000 or less |
$200 |
90,001 - 100,000 |
$300 |
100,001 - 110,000 |
$400 |
110,001 - 120,000 |
$500 |
120,001 - 130,000 |
$600 |
130,001 - 140,000 |
$700 |
140,001 - 145,000 |
$800 |
145,001 - 155,000 |
$900 |
If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set forth in section 169.80 by more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) when the permit is issued while seasonal load restrictions pursuant to section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.
(i) $300 for a motor vehicle described in section 169.8261. The fee under this paragraph must be deposited as follows:
(1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for costs related to administering the permit program and inspecting and posting bridges; and
(2) all remaining money in each fiscal year must be deposited in the bridge inspection and signing account as provided under subdivision 5b.
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 6. Minnesota Statutes 2012, section 169.863, is amended by adding a subdivision to read:
Subd. 3. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 7. Minnesota Statutes 2012, section 169.865, subdivision 1, is amended to read:
Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of six or more axles to haul raw or unprocessed agricultural products and be operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826, subdivision 1.
(b) Notwithstanding subdivision 3, paragraph (a), clause (4), a vehicle or combination of vehicles operated under this subdivision and transporting only sealed intermodal containers may be operated on an interstate highway if allowed by the United States Department of Transportation.
(c) The fee for a permit issued under this subdivision is $300, or a proportional amount as provided in section 169.86, subdivision 5.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 8. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of seven or more axles to haul raw or unprocessed agricultural products and be operated with a gross vehicle weight of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826, subdivision 1.
(b) Drivers of vehicles operating under this subdivision must comply with driver qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code of Federal Regulations, title 49, parts 40 and 382.
(c) The fee for a permit issued under this subdivision is $500, or a proportional amount as provided in section 169.86, subdivision 5.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 9. Minnesota Statutes 2012, section 169.865, is amended by adding a subdivision to read:
Subd. 5. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 10. Minnesota Statutes 2012, section 169.866, subdivision 3, is amended to read:
Subd. 3. Permit fee; appropriation. Vehicle permits issued under subdivision 1 must be annual permits. The fee is $850 for each vehicle, or a proportional amount as provided in section 169.86, subdivision 5, and must be deposited in the trunk highway fund. An amount sufficient to administer the permit program is appropriated from the trunk highway fund to the commissioner for the costs of administering the permit program.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 11. Minnesota Statutes 2012, section 169.866, is amended by adding a subdivision to read:
Subd. 4. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 12. Minnesota Statutes 2012, section 174.24, is amended by adding a subdivision to read:
Subd. 8. Transit
service on election day. An
eligible recipient of operating assistance under this section who contracts or
has contracted to provide fixed route public transit shall provide fixed route
public transit service free of charge on a day a state general election is
held.
EFFECTIVE
DATE. This section is
effective July 1, 2014, and expires November 5, 2014.
Sec. 13. Minnesota Statutes 2013 Supplement, section 174.42, subdivision 2, is amended to read:
Subd. 2. Funding
requirement. In each federal fiscal
year, the commissioner shall obtain a total amount in federal authorizations
for reimbursement on transportation alternatives projects that is equal to or
greater than the annual average of federal authorizations on transportation
alternatives projects calculated over the preceding four federal fiscal
years 2009 to 2012.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to authorizations for
federal fiscal year 2015 and subsequent federal fiscal years.
Sec. 14. [219.375]
RAILROAD YARD LIGHTING.
Subdivision 1. General
requirements. (a) All
railroad common carriers, and their officers, agents, and employees, operating
a railroad in this state are required to maintain lighting between sunset and
sunrise above switches in railroad yards where:
(1) cars or locomotives are switched or
inspected; or
(2) cars are switched to assemble or
disassemble trains.
(b) Railroad common carriers shall
provide lighting adjacent to those portions of railroad yard tracks where
railroad common carrier employees frequently work on the ground performing
switching, inspection, and repair activities.
For purposes of this section, "frequently work" means at least
five days per week.
(c) Railroad yard lighting over
switches and inspection areas must:
(1) conform with the guidelines set
forth by the American Railway Engineering and Manufacturing Association
(AREMA);
(2) include at least one lighting
source for each two-yard track switch segment; and
(3) be displayed from a height of at
least 30 feet above the railroad yard lead-track area.
(d) Lighting over switches and other
light sources within railroad yards or at other railroad locations must be:
(1) maintained to illuminate as
designed;
(2) compliant with the National
Electrical Code;
(3) kept clear of obstructions; and
(4) focused on the railroad common
carrier property designed to be illuminated.
(e) The energy source for lighting is
permitted, though not required, to:
(1) be direct wired from a carrier
facility power source, have solar panel power with a battery storage source, or
have another constant energy source; or
(2) be designed to have standard or
light-emitting diode fixtures or electrical circuits that include power saving
or ambient atmosphere actuating switches.
(f)
Railroad common carriers must replace damaged or nonoperative lighting within
48 hours after light source damage has been reported to the carrier.
Subd. 2. Allowances
for unusual conditions. Railroad
common carriers are not required to comply with the requirements of this
section during:
(1) maintenance activities;
(2) derailments;
(3) any period of heavy rain or snow, washouts, or similar weather or seismic conditions; or
(4) a reasonable period after any
occurrence identified in clauses (1) to (3), but no longer than is necessary to
achieve compliance with this section.
Subd. 3. Lighting
orders; commissioner authority. (a)
When the commissioner finds that railroad common carrier employees who frequently
work adjacent to a portion of track performing switching, inspection,
maintenance, repair, or fueling activities are exposed to hazard resulting from
the lack of lighting, or to the condition of lighting constructed before July
1, 2014, the commissioner may order a railroad common carrier to construct
lighting adjacent to a portion of track where employees are performing
switching, inspection, maintenance, repair, or fueling activities, or require a
railroad common carrier to modify existing lighting to conform with the
standards set forth by AREMA lighting standards, within a reasonable period of
time.
(b) A railroad common carrier, person,
or corporation may appeal an order under this subdivision. An appeal under this paragraph is subject to
the processes and requirements of chapter 14.
Subd. 4. Failure
to correct. If a railroad
common carrier, person, or corporation fails to correct a violation of this
section within the time provided in an order issued by the commissioner of
transportation under subdivision 3, and the railroad common carrier, person, or
corporation does not appeal the order, the failure to correct the violation as
ordered by the commissioner constitutes a new and separate offense distinct
from the original violation of this section.
Subd. 5. Complaints. No formal complaint of an alleged violation of this section may be filed until the filing party has attempted to address the alleged violations with the railroad common carrier. Any complaint of an alleged violation must contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation.
Subd. 6. Waiver. Upon written request of a railroad
common carrier, the commissioner of transportation may waive any portion of this section if conditions do not reasonably permit
compliance. The commissioner's decision
is subject to section 218.041, and must include an on-site inspection of the
area for which the waiver has been requested.
The inspection shall occur between sunset and sunrise, and all parties
of interest shall be permitted to attend.
Subd. 7. Violations
and penalties. A railroad
common carrier, corporation, or person who violates this section is subject to
a penalty not to exceed $500 for each violation.
Subd. 8. Exceptions;
applicability. (a) This
section establishes minimum standards for railroad yard lighting. Nothing in this section shall be construed to
preclude design of railroad yard towers with multiple lighting sources, a
brighter lighting design, or other features that exceed the requirements of
this section.
(b)
This section applies to all Class I and Class II railroad common carrier
railroad yards. This section does not
apply to an entity that owns or operates track in Minnesota that is not a Class
I or Class II railroad common carrier as classified by the Federal Railroad
Administration.
(c) Railroad yards and other locations
where lighting exists on July 1, 2014, are deemed compliant with subdivision 1,
paragraphs (b) and (c).
EFFECTIVE
DATE. This section is
effective November 1, 2016.
Sec. 15. [219.995]
MADE IN MINNESOTA SOLAR INSTALLATIONS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Made in Minnesota" has
the meaning given in section 216C.411, paragraph (a).
(c) "Solar photovoltaic
module" has the meaning given in section 116C.7791, subdivision 1,
paragraph (e).
Subd. 2. Made
in Minnesota solar energy system requirement. Notwithstanding any other law to the contrary,
if a railroad common carrier engages in any project in Minnesota for the
construction, improvement, maintenance, or repair of any building, railroad,
railroad yard, railroad facility, or land owned or controlled by the railroad
common carrier and the construction, improvement, maintenance, or repair
involves installation of one or more solar photovoltaic modules, the railroad
common carrier must ensure that the solar photovoltaic modules purchased and
installed are "Made in Minnesota" as defined in subdivision 1,
paragraph (b).
Subd. 3. Application. Subdivision 2 does not apply if:
(1) as a condition of the receipt of federal financial assistance for a specific project, the railroad common carrier is required to use a procurement method that might result in the award of a contract to a manufacturer that does not meet the "Made in Minnesota" definition in subdivision 1, paragraph (b);
(2) no solar photovoltaic modules are
available that meet the "Made in Minnesota" definition and fulfill
the function required by the project; or
(3) a railroad common carrier's
compliance with the "Made in Minnesota" solar energy system
requirement would result in noncompliance with any applicable federal statute
or regulation.
Sec. 16. [299A.017]
STATE SAFETY OVERSIGHT.
Subdivision 1. Office
created. The commissioner of
public safety shall establish an Office of State Safety Oversight in the
Department of Public Safety for safety oversight of rail fixed guideway public
transportation systems within the state.
The commissioner shall designate a director of the office.
Subd. 2. Authority. The director shall implement and has
regulatory authority to enforce the requirements for the state set forth in
United States Code, title 49, sections 5329 and 5330, federal regulations
adopted pursuant to those sections, and successor or supplemental requirements.
Sec. 17. Minnesota Statutes 2012, section 473.408, is amended by adding a subdivision to read:
Subd. 11. Transit
service on election day. (a)
The council shall provide regular route transit, as defined in section 473.385,
subdivision 1, paragraph (b), free of charge on a day a state general election
is held.
(b)
The requirements under this subdivision apply to operators of regular route
transit (1) receiving financial assistance under section 473.388, or (2)
operating under section 473.405, subdivision 12.
EFFECTIVE
DATE. This section is
effective July 1, 2014, and expires November 5, 2014.
Sec. 18. [473.41]
TRANSIT SHELTERS AND STOPS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Transit authority"
means:
(1) a statutory or home rule charter
city, with respect to rights-of-way at bus stop and train stop locations,
transit shelters, and transit passenger seating facilities owned by the city or
established pursuant to a vendor contract with the city;
(2) the Metropolitan Council, with
respect to transit shelters and transit passenger seating facilities owned by
the council or established pursuant to a vendor contract with the council; or
(3) a replacement service provider
under section 473.388, with respect to rights-of-way at bus stop and train stop
locations, transit shelters, and transit passenger seating facilities owned by
the provider or established pursuant to a vendor contract with the provider.
(c) "Transit shelter" means a
wholly or partially enclosed structure provided for public use as a waiting
area in conjunction with light rail transit, bus rapid transit, or regular route
transit.
Subd. 2. Design. (a) A transit authority shall
establish design specifications for establishment and replacement of its
transit shelters, which must include:
(1) engineering standards, as
appropriate;
(2) maximization of protection from the
wind, snow, and other elements, including but not limited to entrances that are
equivalently sized to regular doorways;
(3) to the extent feasible, inclusion
of warming capability at each shelter in which there is a proportionally high
number of transit service passenger boardings; and
(4) full accessibility for the elderly
and persons with disabilities.
(b) The council shall consult with the Transportation Accessibility Advisory Committee.
Subd. 3. Maintenance. A transit authority shall ensure transit
shelters are maintained in good working order and are accessible to all users
of the transit system. This requirement
includes but is not limited to:
(1) keeping transit shelters reasonably
clean and free from graffiti; and
(2) removing snow and ice in a manner
that provides accessibility for the elderly and persons with disabilities to be
able to enter and exit transit shelters, and board and exit trains at each
stop.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. WATERCRAFT
DECONTAMINATION SITES; REST AREAS.
Where feasible with existing resources,
the commissioners of natural resources and transportation shall cooperate in an
effort to use rest areas as sites for watercraft decontamination and other activities
to prevent the spread of aquatic invasive species.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. WOMAN
VETERAN LICENSE PLATES; DESIGN.
The commissioner of veterans affairs,
in consultation with the commissioner of public safety, a representative of the
Minnesota Women Veterans Initiative Working Group, and any interested Minnesota
veterans service organization, shall design the "WOMAN VETERAN"
special plates established in Minnesota Statutes, section 168.123, subdivision
2, subject to the approval of the commissioner of public safety.
Sec. 21. HIGHWAY
14 TURNBACK.
Notwithstanding Minnesota Statutes,
sections 161.081, subdivision 3, and 161.16, or any other law to the contrary,
the commissioner of transportation may:
(1) by temporary order, take over the
road described as "Old Highway 14" in the settlement agreement and
release executed January 7, 2014, between the state and Waseca and Steele
Counties;
(2)
expend $35,000,000 or the amount necessary to complete the work required under
the settlement agreement; and
(3) upon completion of the work
described in the settlement agreement, release "Old Highway 14" back
to Steele and Waseca Counties.
Upon completion of the work described
in the settlement agreement between the state and Waseca and Steele Counties,
the counties shall accept responsibility for the road described in the
agreement as "Old Highway 14."
Sec. 22. COMMUNITY
DESTINATION SIGN PILOT PROGRAM.
Subdivision 1. Definition. (a) For purposes of this section, the
following terms have the meanings given.
(b) "City" means the city of
Two Harbors.
(c) "General retail services"
means a business that sells goods or services at retail and directly to an
end-use consumer. General retail
services includes but is not limited to:
(1) personal services;
(2) repair services;
(3) hardware stores;
(4) lumber or building supply stores;
and
(5) automotive parts sellers.
Subd. 2. Pilot
program established. (a) In
consultation with the city of Two Harbors, the commissioner of transportation
shall establish a community destination sign pilot program for wayfinding
within the city to destinations or attractions of interest to the traveling
public.
(b) For purposes of Minnesota Statutes,
chapter 173, signs under the pilot program are official signs.
Subd. 3. Signage,
design. (a) The pilot program
must include as eligible attractions and destinations:
(1) minor traffic generators; and
(2) general retail services, specified
by business name, that are identified in a community wayfinding program
established by the city.
(b) The commissioner of transportation,
in coordination with the city, may establish sign design specifications for
signs under the pilot program. Design
specifications must allow for placement of:
(1) a city name and city logo or symbol;
and
(2) up to five attractions or
destinations on a community destination sign assembly.
Subd. 4. Program
costs. The city shall pay
costs of design, construction, erection, and maintenance of the signs and sign
assemblies under the pilot program. The
commissioner shall not impose fees for the pilot program.
Subd. 5. Expiration. The pilot program under this section
expires January 1, 2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES
ARTICLE 15
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES
APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
|
|
|
|
|
|
2015 |
General |
|
|
|
|
|
$15,999,000
|
Natural Resources |
|
|
|
|
|
900,000
|
Game and Fish |
|
|
|
|
|
3,000
|
Environment and Natural Resources Trust |
|
|
|
490,000
|
||
|
|
|
|
|
|
|
Total |
|
|
|
|
|
$17,392,000 |
Sec. 2. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 114, or appropriated to the agencies and for the purposes specified in
this article. The appropriations are
from the general fund, or another named fund, and are available for the fiscal
year indicated for each purpose. The
figure "2015" used in this article means that the addition to the
appropriations listed under them are available for the fiscal year ending June
30, 2015.
|
|
|
APPROPRIATIONS |
|||
|
|
|
Available for the Year |
|||
|
|
|
Ending June 30 |
|||
|
|
|
|
|
2015 |
|
Sec. 3. AGRICULTURE. |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$1,910,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Department
of Agriculture |
|
|
|
1,600,000
|
$1,500,000 in 2015 is for a grant to Second
Harvest Heartland on behalf of the six Feeding America food banks that serve
Minnesota to compensate agricultural producers and processors for costs
incurred to harvest and package for transfer surplus fruits, vegetables, or
other agricultural commodities that would otherwise go unharvested or be
discarded. Surplus commodities must be
distributed statewide to food shelves and other charitable organizations that
are eligible to receive food from the food banks. Surplus food acquired under this
appropriation must be from Minnesota producers and processors. Second Harvest Heartland must report when
required by, and in the form prescribed by, the commissioner. Second Harvest Heartland may use up to 11
percent of the grant for administrative expenses. This appropriation is added to the base.
$100,000 in 2015 is to compensate experts
evaluating pollinator death or illness as authorized in Minnesota Statutes,
section 18B.04. $65,000 is added to the
base.
The commissioner shall examine how other
states are implementing the industrial hemp research authority provided in
Public Law 113-79 and to gauge the interest of Minnesota higher education
institutions. No later than January 15,
2015, the commissioner must report the information and items for legislative
consideration to the legislative committees with jurisdiction over agriculture
policy and finance.
Subd. 3. Board
of Animal Health |