STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTY-SEVENTH
DAY
Saint Paul, Minnesota, Wednesday, May 15, 2013
The House of Representatives convened at 9:00
a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Sarah
Campbell, Mayflower Church, United Church of Christ, Minneapolis, 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, M.
Anderson, S.
Anzelc
Atkins
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
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
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
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Nelson was
excused until 11:10 a.m. Abeler was
excused until 11:30 a.m. Mullery was
excused until 12:00 noon. Anderson, P., was excused until 8:00 p.m.
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. 561 and
H. F. No. 644, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 561 be substituted for
H. F. No. 644 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1214, A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a, 19a, 23; 168A.153, subdivision 3; 325E.21, subdivisions 1, 1a, 3, 6, 8, 9, by adding subdivisions.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 168.27, subdivision 1a, is amended to read:
Subd. 1a. Dealer license categories. (a) No person shall engage in the business of selling new motor vehicles or shall offer to sell, solicit, deliver, or advertise the sale of new motor vehicles without first acquiring a new motor vehicle dealer license.
(b) No person shall engage in the business of selling used motor vehicles or shall offer to sell, solicit, deliver, or advertise the sale of used motor vehicles without first acquiring a used motor vehicle dealer license.
(c) No person shall engage in the business
of buying or otherwise acquiring vehicles other than hulks; or offering
to buy or otherwise acquire, or soliciting or advertising the buying or
acquiring of, vehicles other than hulks for processing and selling the
metal for remelting without first acquiring a scrap metal processor license.
For purposes of this paragraph, a
"hulk" is a motor vehicle that is incapable, under its own power, of
moving and is incapable of transporting persons or property and has had
valuable used parts removed. Its sole
value is its metallic content.
(d) No person shall be primarily engaged in the business of buying or otherwise acquiring vehicles for the purpose of dismantling the vehicles and selling used parts and the remaining scrap metals without first acquiring a used vehicle parts dealer license.
(e) No person shall engage in the business of storing and displaying, offering to store or display, or soliciting or advertising the storing or displaying, for sale, of damaged or junked vehicles as an agent or escrow agent of an insurance company without first acquiring a vehicle salvage pool license.
(f) No person shall engage in the business of leasing motor vehicles or shall offer to lease, solicit or advertise to lease motor vehicles without first acquiring a motor vehicle lessor license.
(g) No person shall engage in the business of wholesaling motor vehicles to dealers for resale or shall offer to sell, solicit or advertise the sale of motor vehicles to dealers for resale without first acquiring a motor vehicle wholesaler license.
(h) No person shall engage in the business of auctioning motor vehicles for more than one owner at an auction or shall offer to sell, solicit or advertise the sale of motor vehicles at auction without first acquiring a motor vehicle auctioneer license.
(i) No person shall engage in the business of brokering motor vehicles without first acquiring a motor vehicle broker's license.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 2. Minnesota Statutes 2012, section 168.27, subdivision 19a, is amended to read:
Subd. 19a. Injunction. (a) The commissioner in the
name of the state or a county attorney in the name of a county may
institute a civil action in the name of the state in district court for
an injunction prohibiting a violation of this section, and for
civil penalties not to exceed $1,000 for each violation of, subdivision
2, 3, 3a, 4, 5a, 6, 7, or 7a, or section 168A.1501, 168A.153, or
325E.21. Filing fees for bringing an
action under this section are waived.
The court,
(b) Upon proper proof a
finding that a preponderance of evidence demonstrates that the defendant
has engaged in a practice prohibited by this section violated
subdivision 2, 3, 3a, 4, 5a, 6, 7, or 7a, or section 168A.1501, 168A.153, or
325E.21, the court may enjoin the future commission of
that practice and award civil penalties for violations of subdivision 2, 3, 4,
5a, 6, 7, or 7a violations and may award civil penalties as authorized
by this subdivision. It is not a
defense to an action that the state plaintiff may have adequate
remedies at law or that the plaintiff has not shown irreparable harm. Service of process must be as in any other
civil suit, except that where a defendant in the action is a natural person or
firm residing outside the state, or is a foreign corporation, service of process
may also be made by personal service outside the state; in the manner provided
by section 5.25; or as the court may direct.
Process is valid if it satisfies the requirements of due process of law,
whether or not the defendant is doing business in Minnesota regularly or
habitually. Nothing in this
subdivision limits the rights or remedies otherwise available to persons under
common law or other statutes of this state.
(c) In determining the civil penalty
amount and whether to order injunctive relief under paragraph (b), the court
shall consider:
(1) the number of current violations;
(2) the gravity of the current
violations, including but not limited to the harm caused by the violations;
(3) the culpability of the defendant as
established by evidence of intent, willfulness, or negligence;
(4) the economic benefit, if any,
gained by the person allowing or committing the current violations;
(5) the history of past violations,
including the similarity of previous violations and the current violation, the
time elapsed since previous violations, the number of previous violations, and
the response of the person to previous violations; and
(6) any other factors as justice may
require.
(d) If a court grants
injunctive relief under paragraph (b), the court shall consider the factors in
paragraph (c) in determining the requirements to include in an injunction. A court issuing an injunction under this
section shall have the discretion to fashion an injunction that is reasonably
intended to prevent a violator from committing future violations. Such authority shall include, but is not
limited to, issuing an order for a period of 12 months which:
(1) requires a defendant to wait up to
15 days before scrapping, dismantling, selling, or otherwise disposing of any vehicle
that the defendant has acquired without first having received proof of
ownership in compliance with section 168A.1501, subdivision 7, 8, or 9; or
(2) prohibits a defendant from
acquiring, scrapping, dismantling, selling, or otherwise disposing of any
vehicle without first having received proof of ownership in compliance with
section 168A.1501, subdivision 7, 8, or 9.
(e) A court issuing an injunction under
this section shall not require the posting of any bond or other security.
(f) In an action brought under this
section by a county attorney, all civil penalties collected under this section
shall be deposited into the general fund of the county. In an action brought under this section by
the attorney general or the commissioner, all civil penalties collected shall
be deposited into the general fund of the state.
(g) Nothing in this subdivision limits
the rights or remedies which are otherwise available to a person under common
law or other statutes of this state.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 3. Minnesota Statutes 2012, section 168.27, subdivision 23, is amended to read:
Subd. 23. Registrar
may file charges County or city attorney to prosecute. The registrar or the registrar's
appointed inspectors may file charges with the city or county
attorney may file charges against any licensee person who
violates any of the provisions of this section or section 168A.1501 or
325E.21, including but not limited to, the grounds for suspension or
revocation set out in subdivision 12.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 4. Minnesota Statutes 2012, section 168A.15, subdivision 3, is amended to read:
Subd. 3. Title;
scrapped, dismantled, or destroyed vehicle.
An owner who scraps, dismantles, or destroys a vehicle, or A person
dealer who purchases a vehicle as scrap or to be dismantled or destroyed,
shall immediately have the certificate of title mailed or delivered to the
department for cancellation maintain the certificate of title on the vehicle
for three years before destroying the title as prescribed by the commissioner. A certificate of title for the vehicle shall
not again be issued.
Sec. 5. [168A.1501]
SCRAPPED, DISMANTLED, OR DESTROYED VEHICLE.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Law enforcement agency"
or "agency" means a duly authorized municipal, county, state, or
federal law enforcement agency.
(c) "Person" means an
individual, partnership, limited partnership, limited liability company,
corporation, or other entity.
(d) "Scrap vehicle"
means a motor vehicle purchased primarily as scrap, for its reuse or recycling
value as raw metal, or for dismantling for parts.
(e) "Scrap vehicle operator"
or "operator" means the following persons who engage in a transaction
involving the purchase or acquisition of a scrap vehicle: scrap metal processors licensed under section
168.27, subdivision 1a, paragraph (c); used vehicle parts dealers licensed
under section 168.27, subdivision 1a, paragraph (d); scrap metal dealers under
section 325E.21; and junk yards under section 471.925.
(f) "Interchange file
specification format" means the most recent version of the Minneapolis
automated property system interchange file specification format.
(g) "Motor vehicle" has the
meaning given in section 169.011, subdivision 42.
(h) "Proof of identification"
means a driver's license, Minnesota identification card number, or other
identification document issued for identification purposes by any state,
federal, or foreign government if the document includes the person's
photograph, full name, birth date, and signature.
(i) "Seller" means any
seller, prospective seller, or agent of the seller.
Subd. 2. Purchase
or acquisition record required. (a)
Every scrap vehicle operator, including an agent, employee, or representative
of the operator, shall create a permanent record written in English, using ink
or an electronic record program, as appropriate, at the time of each purchase
or acquisition of a scrap vehicle. The
record must include:
(1) the vehicle identification number;
license plate number, if any, including state of issue and month and year of
validation; and vehicle make, model, and color;
(2) the date, time, and place of the
receipt of the vehicle purchased or acquired and a unique transaction
identifier;
(3) a photocopy or electronic scan of
the seller's proof of identification including the identification number;
(4) the amount paid and the number of
the check or electronic transfer used to purchase the vehicle;
(5) the license plate number and
description of the vehicle used by the person when delivering the scrap
vehicle, including the vehicle make and model, and any identifying marks on the
vehicle, such as a business name, decals, or markings, if applicable;
(6) a statement signed by the seller,
under penalty of perjury as provided in section 609.48, attesting that the
scrap vehicle is not stolen and is free of any liens or encumbrances and the
seller has the right to sell it;
(7) a copy of the title, if any,
provided by the seller of a motor vehicle or, if no title is provided,
documentation required under (i) subdivision 8, clause (3), item (i), or (ii)
subdivision 9, paragraph (a), clause (3), item (i); and
(8) a copy of the receipt, which must
include at least the following information:
the name and address of the operator; the date and time the scrap
vehicle was received by the operator; an accurate description of the scrap
vehicle; and the amount paid for the scrap vehicle.
(b) The record, as well as the scrap
vehicle purchased or received, shall at all reasonable times be open to the
inspection of any properly identified law enforcement officer.
(c) No record is required for
property purchased from manufacturers, salvage pools, merchants operating under
a contract with a scrap vehicle operator, insurance companies, rental car
companies, financial institutions, charities, dealers licensed under section
168.27, or wholesale dealers, having an established place of business, or of
any goods purchased at open sale from any bankrupt stock, but a receipt as
required under paragraph (a), clause (8), shall be obtained and kept by the
person, which must be shown upon demand to any properly identified law
enforcement officer.
(d) The operator must provide a copy of
the receipt required under paragraph (a), clause (8), to the seller in every
transaction.
(e) Law enforcement agencies in the jurisdiction where an operator is located may conduct regular and routine inspections to ensure compliance, refer violations to the city or county attorney for criminal prosecution, and notify the registrar of motor vehicles.
(f) Except as otherwise provided in
this section, a scrap vehicle operator or the operator's agent, employee, or
representative may not disclose personal information concerning a customer
without the customer's consent unless the disclosure is required by law or made
in response to a request from a law enforcement agency. A scrap vehicle operator must implement
reasonable safeguards to protect the security of the personal information and
prevent unauthorized access to or disclosure of the information. For purposes of this paragraph,
"personal information" is any individually identifiable information
gathered in connection with a record under paragraph (a).
Subd. 3. Retention
required. Records required to
be maintained by subdivision 2 shall be retained by the scrap vehicle operator
for a period of three years, and a dealer licensed under section 168.27 shall
maintain records and information as required under section 168A.11, subdivision
3.
Subd. 4. Payment
by check or electronic transfer required.
(a) Except as provided in paragraph (b), a scrap vehicle operator
or the operator's agent, employee, or representative shall pay for all scrap
vehicle purchases only by check or electronic transfer.
(b) For purchase of a scrap vehicle
without a title, payment shall be made only by check or by electronic transfer
of funds to a bank account. Checks shall
be payable only to the individual providing proof of identification at the time
of purchase. The operator shall retain a
record of the mailing address or unique transaction identifier for a period of
three years and such information shall at all reasonable times be open for
inspection by a properly identified law enforcement officer.
(c) This subdivision does not apply to
transactions under subdivision 2, paragraph (c).
Subd. 5. Automated
property system. (a) A scrap
vehicle operator must completely and accurately provide all the record
information required in subdivision 2 by transferring it from the operator's
computer to the automated property system, by the close of business each day,
using the interchange file specification format.
(b)
An operator who does not have an electronic point-of-sale program may request
to be provided software by the automated property system to record the required
information. If the operator uses a
commercially available electronic point-of-sale program to record the
information required in this section, it must submit the information using the
interchange file specification format.
Any record submitted by an operator that does not conform to the
interchange file specification format must be corrected and resubmitted the
next business day. No fees may be
charged to an operator for use of the automated property system until such time
as the legislature enacts a fee schedule.
(c) An operator must display a sign of
sufficient size, in a conspicuous place in the premises, which informs all
patrons that transactions are reported to law enforcement daily.
(d) Every local law enforcement
agency shall participate in the automated property system as an individual
agency or in conjunction with another agency or agencies to provide the
service.
(e) This subdivision does not apply to
the purchase of a scrap vehicle by a used vehicle parts dealer licensed under
section 168.27, for dismantling the vehicle for its parts.
Subd. 6. Additional
reporting. In addition to the
requirements under subdivision 5 if applicable, the following entities must
submit information on the purchase or acquisition of a scrap vehicle to the
National Motor Vehicle Title Information System, established pursuant to United
States Code, title 49, section 30502, by the close of business the following
day:
(1) an operator who is not licensed
under section 168.27; and
(2) an operator who purchases a scrap
vehicle under subdivision 9.
Subd. 7. Vehicle with proof of ownership; title
or bill of sale required. Except
as provided in subdivisions 8, 9, and 10, no person shall
purchase a scrap vehicle unless the seller:
(1) provides the vehicle title and lien releases, if the vehicle is subject to any liens, or an official bill of sale issued by a public impound lot, each listing the vehicle identification number;
(2) provides proof of identification;
and
(3) signs a statement, under penalty of
perjury as provided in section 609.48, attesting that the motor vehicle is not
stolen and is free of any liens or encumbrances and that the seller has the
right to sell the motor vehicle.
Subd. 8. Vehicle
without proof of ownership; certain older vehicles. If the provisions of subdivision 7 are
not met, an operator may purchase a scrap vehicle if:
(1) the operator is a dealer licensed
under section 168.27;
(2) the vehicle has a manufacturer's
designated model year equal to or less than the tenth year immediately
preceding the current calendar year; and
(3) the seller:
(i) provides printed documentation from
the commissioner that the vehicle has not been registered for more than seven
years;
(ii) provides proof of identification;
and
(iii) signs a statement, under penalty
of perjury as provided in section 609.48, attesting that the motor vehicle is
not stolen and is free of any liens or encumbrances and that the seller has the
right to sell the motor vehicle.
Subd. 9. Vehicle
without proof of ownership; vehicles for dismantling. (a) If the provisions of subdivision 7
are not met, an operator may purchase a scrap vehicle if:
(1) the operator is a used vehicle
parts dealer licensed under section 168.27;
(2) the vehicle is being purchased for
dismantling for its parts; and
(3)
the seller:
(i) agrees in writing to a sale with a
seven-day hold period;
(ii) provides proof of identification;
and
(iii) signs a statement, under penalty
of perjury as provided in section 609.48, attesting that the motor vehicle is
not stolen and is free of any liens or encumbrances and that the seller has the
right to sell the motor vehicle.
(b) An operator purchasing a scrap
vehicle under this subdivision shall:
(1) hold the vehicle for a period of
seven consecutive days, excluding Saturdays, Sundays, and holidays; and
(2) not scrap, resell, dismantle, or in
any way destroy the vehicle during the hold period under clause (1).
Subd. 10. Exempt
purchases. Subdivisions 7, 8,
and 9 do not apply when a scrap vehicle is:
(1) purchased from a manufacturer,
salvage pool, merchant operating under a contract with a scrap vehicle
operator, insurance company, rental car company, financial institution,
charity, dealer licensed under section 168.27, or wholesale dealers, having an
established place of business, or of any goods purchased at open sale from any
bankrupt stock; or
(2) an inoperable motor vehicle with a
manufacturer's designated model year equal to or less than the 20th year
immediately preceding the current calendar year.
Subd. 11. Criminal
penalty. A scrap vehicle
operator, or the agent, employee, or representative of the operator, who
intentionally violates a provision of this section, is guilty of a misdemeanor.
Subd. 12. Investigative
holds; scrap vehicle or parts. (a)
Whenever a law enforcement official from any agency has probable cause to believe
that a scrap vehicle or motor vehicle parts in the possession of a scrap
vehicle operator are stolen or evidence of a crime and notifies the operator
not to sell the item, the scrap vehicle operator shall not (1) process or sell
the item, or (2) remove or allow its removal from the premises. This investigative hold must be confirmed in
writing by the originating agency within 72 hours and will remain in effect for
30 days from the date of initial notification, or until the investigative hold
is canceled or renewed, or until a law enforcement notification to confiscate
or directive to release is issued, whichever comes first.
(b) If a scrap vehicle or motor vehicle
parts are identified as stolen or evidence in a criminal case, a law
enforcement official may:
(1) physically confiscate and remove
the item from the scrap vehicle operator, pursuant to a written notification;
(2) place the item on hold or extend
the hold under paragraph (a) and leave it on the premises; or
(3) direct its release to a registered
owner or owner's agent.
When an item is confiscated, the person doing so shall
provide identification upon request of the scrap vehicle operator, and shall
provide the name and telephone number of the confiscating agency and
investigator, and the case number related to the confiscation.
(c) An operator may request seized
property be returned in accordance with section 626.04.
(d) When an investigative hold
or notification to confiscate is no longer necessary, the law enforcement
official or designee shall so notify the operator.
(e) A scrap vehicle operator may process
or otherwise dispose of the scrap vehicle or motor vehicle parts if:
(1) a notification to confiscate is not
issued during the investigative hold; or
(2) a law enforcement official does not
physically remove the item from the premises within 15 calendar days from
issuance of a notification to confiscate.
(f) If
a scrap vehicle operator is required to hold a scrap vehicle or motor vehicle
parts at the direction of law enforcement for purposes of investigation or
prosecution or it is seized by law enforcement, the operator, and any other
victim, shall be entitled to seek restitution against the person who delivered
the item to the scrap vehicle operator in any criminal case that may arise from
the investigation, including any out-of-pocket expenses for storage and lost
profit.
Subd. 13. Video
security cameras. (a) Each
scrap vehicle operator shall install and maintain at each location video
surveillance cameras, still digital cameras, or similar devices positioned to
record or photograph a frontal view showing a clear and readily identifiable
image of the face of each seller of a scrap vehicle who enters the location. The scrap vehicle operator shall also
photograph the seller's vehicle, including license plate, either by video
camera or still digital camera, so that an accurate and complete description of
it may be obtained from the recordings made by the cameras. Photographs and recordings must be clearly
and accurately associated with their respective records.
(b) The video camera or still digital
camera must be kept in operating condition and must be shown upon request to a
properly identified law enforcement officer for inspection. The camera must record and display the accurate
date and time. The video camera must be
turned on at all times when the location is open for business and at any other
time when a scrap vehicle is purchased.
(c) Recordings and images required by
paragraph (a) shall be retained by the scrap vehicle operator for a minimum
period of 60 days and shall at all reasonable times be open to the inspection
of any properly identified law enforcement officer.
(d) If the scrap vehicle operator does
not purchase some or any scrap vehicles at a specific business location, the
operator need not comply with this subdivision with respect to those purchases.
(e) This subdivision does not apply to
the purchase of a scrap vehicle by a used vehicle parts dealer licensed under
section 168.27, for dismantling the vehicle for its parts.
Subd. 14. Preemption
of local ordinances. This
section preempts and supersedes any local ordinance or rule concerning the same
subject matter.
EFFECTIVE
DATE. Subdivisions 1, 2, 3,
4, 6, 7, 8, 9, 10, 11, 12, and 14 are effective August 1, 2013. Subdivision 13 is effective January 1, 2014. Subdivision 5 is effective January 1, 2015.
Sec. 6. Minnesota Statutes 2012, section 168A.153, subdivision 1, is amended to read:
Subdivision 1. Older
model Dismantled or destroyed vehicle. A dealer who buys an older model a
vehicle to be dismantled or destroyed shall report to the department within 30
ten days including the vehicle's license plate number and identification
number, and the seller's name and driver's license number.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 7. Minnesota Statutes 2012, section 168A.153, subdivision 3, is amended to read:
Subd. 3. Notification
on vehicle to be dismantled or destroyed; service fee. Within the time frames prescribed in
subdivisions 1 and 2 of acquiring a vehicle titled and registered in Minnesota,
a dealer shall notify the registrar that the
dealership purchased the vehicle to be dismantled or destroyed. The
notification under subdivision 1 must be made electronically as
prescribed by the registrar. The dealer
may contract this service to a deputy registrar and the registrar may charge a
fee not to exceed $7 per transaction to provide this service.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 8. Minnesota Statutes 2012, section 325E.21, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal law enforcement agency.
(c) "Person" means an individual, partnership, limited partnership, limited liability company, corporation, or other entity.
(d) "Scrap metal" means:
(1) wire and cable commonly and customarily used by communication and electric utilities; and
(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling value as raw metal, including metal that is combined with other materials at the time of purchase, but does not include a scrap vehicle as defined in section 168A.1501, subdivision 1.
(e) "Scrap metal dealer" or
"dealer" means a person engaged in the business of buying or selling
scrap metal, or both, but does.
The terms do not include a person engaged exclusively
in the business of buying or selling new or used motor vehicles or motor
vehicle parts, paper or wood products, rags or furniture, or secondhand
machinery.
(f) "Interchange file
specification format" means the most recent version of the Minneapolis
automated property system interchange file specification format.
(g) "Seller" means any seller,
prospective seller, or agent of the seller.
(h) "Proof of identification"
means a driver's license, Minnesota identification card number, or other
identification document issued for identification purposes by any state,
federal, or foreign government if the document includes the person's
photograph, full name, birth date, and signature.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 9. Minnesota Statutes 2012, section 325E.21, subdivision 1a, is amended to read:
Subd. 1a. Purchase or acquisition record required. (a) Every scrap metal dealer, including an agent, employee, or representative of the dealer, shall keep a written record at the time of each purchase or acquisition of scrap metal. The record must include:
(1) an accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired;
(2) the date, time, and place of the receipt of the scrap metal purchased or acquired;
(3) the name and address of the person selling or delivering the scrap metal;
(4) the number of the check or electronic transfer used to purchase the scrap metal;
(5) the number of the seller's or
deliverer's driver's license, Minnesota identification card number, or other
identification document number of an identification document issued for
identification purposes by any state, federal, or foreign government if the
document includes the person's photograph, full name, birth date, and
signature; and
(6) the license plate number and description
of the vehicle used by the person when delivering the scrap metal, and any
identifying marks on the vehicle, such as a business name, decals, or markings,
if applicable; and
(7) a statement signed by the seller, under penalty of perjury as provided in section 609.48, attesting that the scrap metal is not stolen and is free of any liens or encumbrances and the seller has the right to sell it.
(b) The record, as well as the scrap metal purchased or received, shall at all reasonable times be open to the inspection of any law enforcement agency.
(c) No record is required for property purchased from merchants, manufacturers or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of the property shall be obtained and kept by the person, which must be shown upon demand to any law enforcement agency.
(d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is made in response to a request from a law enforcement agency. A scrap metal dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information. For purposes of this paragraph, "personal information" is any individually identifiable information gathered in connection with a record under paragraph (a).
(e) This subdivision expires January 1,
2015.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 10. Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:
Subd. 1b. Purchase
or acquisition record required. (a)
Every scrap metal dealer, including an agent, employee, or representative of
the dealer, shall create a permanent record written in English, using an
electronic record program at the time of each purchase or acquisition of scrap
metal. The record must include:
(1) a complete and accurate account or
description, including the weight if customarily purchased by weight, of the
scrap metal purchased or acquired;
(2) the date, time, and place of the
receipt of the scrap metal purchased or acquired and a unique transaction
identifier;
(3) a photocopy or electronic
scan of the seller's proof of identification including the identification
number;
(4) the amount paid and the number of
the check or electronic transfer used to purchase the scrap metal;
(5) the license plate number and
description of the vehicle used by the person when delivering the scrap metal,
including the vehicle make and model, and any identifying marks on the vehicle,
such as a business name, decals, or markings, if applicable;
(6) a statement signed by the seller,
under penalty of perjury as provided in section 609.48, attesting that the
scrap metal is not stolen and is free of any liens or encumbrances and the
seller has the right to sell it; and
(7) a copy of the receipt, which must
include at least the following information:
the name and address of the dealer, the date and time the scrap metal
was received by the dealer, an accurate description of the scrap metal, and the
amount paid for the scrap metal.
(b) The record, as well as the scrap metal
purchased or received, shall at all reasonable times be open to the inspection
of any properly identified law enforcement officer.
(c) No record is required for property
purchased from merchants, manufacturers, salvage pools, insurance companies,
rental car companies, financial institutions, charities, dealers licensed under
section 168.27, or wholesale dealers, having an established place of business,
or of any goods purchased at open sale from any bankrupt stock, but a receipt
as required under paragraph (a), clause (7), shall be obtained and kept by the
person, which must be shown upon demand to any properly identified law
enforcement officer.
(d) The dealer must provide a copy of the
receipt required under paragraph (a), clause (7), to the seller in every
transaction.
(e) Law enforcement agencies in the jurisdiction where a dealer is located may conduct regular and routine inspections to ensure compliance, refer violations to the city or county attorney for criminal prosecution, and notify the registrar of motor vehicles.
(f) Except as otherwise provided in this
section, a scrap metal dealer or the dealer's agent, employee, or
representative may not disclose personal information concerning a customer
without the customer's consent unless the disclosure is required by law or made
in response to a request from a law enforcement agency. A scrap metal dealer must implement
reasonable safeguards to protect the security of the personal information and
prevent unauthorized access to or disclosure of the information. For purposes of this paragraph,
"personal information" is any individually identifiable information
gathered in connection with a record under paragraph (a).
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 11. Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:
Subd. 1c. Automated
property system. (a) Dealers
must completely and accurately provide all the record information required in
subdivision 1b by transferring it from their computer to the automated property
system, by the close of business each day, using the interchange file
specification format.
(b) A dealer who does not have an
electronic point-of-sale program may request to be provided software by the
automated property system to record the required information. If the dealer uses a commercially available
electronic point-of-sale program to record the information required in this
section, it must submit the information using the interchange file
specification format. Any record
submitted by a dealer that does not conform to the interchange file
specification format must be corrected and resubmitted the next business day. No fees may be charged to a dealer for use of
the automated property system until such time as the legislature enacts a fee
schedule.
(c) A dealer must display a
sign of sufficient size, in a conspicuous place in the premises, which informs
all patrons that transactions are reported to law enforcement daily.
(d) Every local law enforcement agency
shall participate in the automated property system as an individual agency or
in conjunction with another agency or agencies to provide the service.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 12. Minnesota Statutes 2012, section 325E.21, subdivision 4, is amended to read:
Subd. 4. Registration required. (a) Every scrap metal dealer shall register with and participate in the criminal alert network described in section 299A.61. The dealer shall ensure that the dealer's system for receiving incoming notices from the network is in proper working order and ready to receive incoming notices. The dealer shall check the system for incoming notices twice each day the business is open, once upon opening and then again before closing. The dealer shall inform all employees involved in the purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the alerts in a conspicuous location.
(b) The scrap metal dealer shall pay to the commissioner of public safety a $50 annual fee to participate in the criminal alert network and for the educational materials described in section 299C.25.
(c) The commissioner shall notify the scrap metal dealer if a message sent to the dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's system. The dealer shall take action necessary to ensure that future messages are received.
(d) This subdivision expires January 1,
2015.
Sec. 13. Minnesota Statutes 2012, section 325E.21, subdivision 8, is amended to read:
Subd. 8. Property
held by law enforcement Investigative holds; confiscation of property. (a) Whenever a law enforcement official
from any agency has probable cause to believe that property in the possession
of a scrap metal dealer is stolen or is evidence of a crime and notifies the
dealer not to sell the item, the item may not be sold or removed the
scrap metal dealer shall not (1) process or sell the item, or (2) remove or
allow its removal from the premises.
This investigative hold remains must be confirmed in writing
by the originating agency within 72 hours and will remain in effect for 90
30 days from the date of initial notification, or until it the
investigative hold is canceled or a seizure order is issued renewed,
or until a law enforcement notification to confiscate or directive to release
is issued, whichever comes first.
(b) If an item is identified as stolen or
evidence in a criminal case, the a law enforcement official may:
(1) physically seize confiscate
and remove it from the scrap metal dealer, pursuant to a written order
from the law enforcement official notification; or
(2) place the item on hold or extend the
hold as provided in this section and leave it in the shop under
paragraph (a) and leave it in the licensed premise; or
(3) direct its release to a registered owner or owner's agent.
(c) When an item is seized confiscated,
the person doing so shall provide identification upon request of the scrap
metal dealer, and shall provide the dealer the name and telephone
number of the seizing confiscating agency and investigator, and
the case number related to the seizure confiscation.
(d) (c) A dealer may request seized property be returned in accordance with section 626.04.
(e) (d) When an order to
hold or seize investigative hold or notification to confiscate is no
longer necessary, the law enforcement official or designee shall so
notify the dealer licensee.
(e) A scrap metal dealer may process or
otherwise dispose of the scrap metal if:
(1) a notification to confiscate is not
issued during the investigative hold; or
(2) a law enforcement official does not
physically remove the motor vehicle from the premises within 15 calendar days
from issuance of a notification to confiscate.
(f) If a scrap metal dealer is required
to hold the metal at the direction of law enforcement for purposes of
investigation or prosecution or it is seized by law enforcement, the scrap
metal dealer, and any other victim, shall be entitled to seek restitution
against the person who delivered the metal to the scrap metal dealer in any
criminal case that may arise from the investigation, including any
out-of-pocket expenses for storage and lost profit.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 14. Minnesota Statutes 2012, section 325E.21, subdivision 9, is amended to read:
Subd. 9. Video
security cameras required. (a) Each
scrap metal dealer shall install and maintain at each location video
surveillance cameras, still digital cameras, or similar devices positioned to
record or photograph a frontal view showing a readily identifiable image of
the face of each seller or prospective seller of scrap metal who enters
the location. The scrap metal dealer
shall also photograph the seller's or prospective seller's vehicle,
including license plate, either by video camera or still digital camera, so
that an accurate and complete description of it may be obtained from the
recordings made by the cameras. Photographs
and recordings must be clearly and accurately associated with their respective
records.
(b) The video camera or still digital camera must be kept in operating condition and must be shown upon request to a properly identified law enforcement officer for inspection. The camera must record and display the accurate date and time. The video camera must be turned on at all times when the location is open for business and at any other time when scrap metal is purchased.
(c) Recordings and images required by paragraph
(a) shall be retained by the scrap metal dealer for a minimum period of 60 days
and shall at all reasonable times be open to the inspection of any properly
identified law enforcement officer.
(b) (d) If the scrap metal
dealer does not purchase some or any scrap metal at a specific business
location, the dealer need not comply with this subdivision with respect to
those purchases.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 15. Minnesota Statutes 2012, section 325E.21, is amended by adding a subdivision to read:
Subd. 10. Preemption
of local ordinances. This
section preempts and supersedes any local ordinance or rule concerning the same
subject matter.
Sec. 16. AUTOMATED
PROPERTY SYSTEM STANDARDS.
(a) The Minneapolis Police Department,
in consultation with law enforcement, prosecutors, the commissioner of public
safety, legislators, and representatives from each regulated industry, shall
develop the following, with respect to sections 168A.1501 and 325E.21:
(1) by August 1, 2013, a model
affidavit of the right to sell a vehicle for use by the regulated industries;
and
(2) by August 1, 2014, standards for
implementation and use of the automated property system.
(b) By February 1, 2014, the department
shall submit proposed standards under paragraph (a), clause (2), and a report
that addresses the following issues and goals to the chairs and ranking
minority members of the senate and house of representatives committees and
divisions having jurisdiction over commerce and criminal justice policy and
funding;
(1) minimizing financial and
administrative burdens created by this act on the regulated industries;
(2) developing a user-friendly system
that allows one data entry point to update multiple reporting systems;
(3) implementing database management
and control protocols, data security protocols, record retention guidelines and
procedures, and audit procedures;
(4) controlling and minimizing system
costs and developing cost allocation guidelines;
(5) identifying outstanding concerns of
any member of the group;
(6) proposing legislation supported by
the group; and
(7) addressing any other issues
identified by the group, including any minority or dissenting opinions.
(c) By September 1, 2014, the
department shall provide copies of the standards under paragraph (a), clause
(2), upon request, to anyone required to report using the automated property
system under section 168A.1501, subdivision 5, or 325E.21, subdivision 1c.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. REPEALER.
Minnesota Statutes 2012, section
168A.153, subdivision 2, is repealed.
EFFECTIVE DATE. This section is effective August 1, 2013."
Delete the title and insert:
"A bill for an act relating to commerce; regulating motor vehicles; amending regulation of scrap metal processing; requiring proof of ownership or hold period for vehicles purchased for scrap; creating the automated property system; creating criminal penalties; amending Minnesota Statutes 2012, sections 168.27, subdivisions 1a,
19a, 23; 168A.15, subdivision 3; 168A.153, subdivisions 1, 3; 325E.21, subdivisions 1, 1a, 4, 8, 9, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 168A; repealing Minnesota Statutes 2012, section 168A.153, subdivision 2."
With the recommendation that when so amended the bill pass and 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. 1297,
A bill for an act relating to state government; changing provisions of the
Legislative Advisory Commission, Legislative Coordinating Commission,
Legislative Commission on Pensions and Retirement, Compensation Council, and
Mississippi River Parkway Commission; amending Minnesota Statutes 2012,
sections 3.30, subdivision 2; 3.303, by adding a subdivision; 3.85,
subdivisions 8, 9; 15A.082, subdivisions 1, 2, 3; 16A.10, subdivision 1c; 161.1419,
subdivision 3; repealing Minnesota Statutes 2012, sections 3.304, subdivisions
1, 5; 3.885, subdivision 10.
Reported
the same back with the recommendation that the bill pass.
The report was
adopted.
Carlson from the Committee on
Ways and Means to which was referred:
H. F. No. 1823, A bill for an act relating
to state government; proposing an amendment to the Minnesota Constitution,
article IV, section 9; authorizing a council to establish salaries for
legislators; changing the composition of the Compensation Council; amending
Minnesota Statutes 2012, section 15A.082, subdivisions 1, 2, 3.
Reported
the same back with the recommendation that the bill pass.
MINORITY
REPORT
May 14,
2013
I,
the undersigned, being a minority of the Committee on Ways and Means, recommend
that H. F. No. 1823 do pass with the following amendments:
Delete
everything after the enacting clause and insert:
"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 compensation salary of
senators and representatives shall be prescribed by law adopted by the vote
of at least three-fifths of the members of each house of the legislature. No increase of compensation salary
shall take effect during the period for which the members of the existing house
of representatives may have been elected.
Sec. 2. SCHEDULE
AND QUESTION.
The proposed amendment must be submitted to the people at
the 2014 general election. The question
submitted must be:
"Shall the Minnesota Constitution
be amended to make it more difficult for legislators to increase their own
salaries?
Yes……
No……""
Delete the title and insert:
"A bill for an act relating to
state government; proposing an amendment to the Minnesota Constitution, article
IV, section 9;
requiring a three-fifths vote of each house of the legislature to increase
legislators' salaries."
Signed:
Jenifer Loon
Loon moved that the Minority Report from
the Committee on Ways and Means relating to H. F. No. 1823
be substituted for the Majority Report and that the Minority Report be now
adopted.
A roll call was requested and properly seconded.
LAY ON THE
TABLE
Murphy, E., moved that the Minority Report
on H. F. No. 1823 be
laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Murphy, E.,
motion and the roll was called. There
were 70 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Green
Gruenhagen
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
The motion prevailed and the Minority
Report from the Committee on Ways and Means relating to
H. F. No. 1823 was laid on the table.
The question recurred on the adoption of
the Majority Report from the Committee on Ways and Means relating to
H. F. No. 1823. The
report was adopted.
Carlson from the Committee on
Ways and Means to which was referred:
H. F. No. 1832, A bill for an act relating to
disaster assistance; appropriating money to match federal disaster aid for the
April 2013 severe winter storm in southwest Minnesota.
Reported the same back with the following amendments:
Page 1, line 6, delete "$......." and
insert "$1,500,000" and after "fund" insert
"in fiscal year 2014"
Page 1, line 10, after the period, insert "This
appropriation is available for expenditure the day following final enactment."
With the recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 1297, 1823 and
1832 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. No. 561 was read for
the second time.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House Files were introduced:
Garofalo, Atkins, Holberg and Halverson introduced:
H. F. No. 1835, A bill for an act relating to capital investment; appropriating money for spillway of Lake Byllesby Dam on the Cannon River; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Environment, Natural Resources and Agriculture Finance.
Fritz and Zerwas introduced:
H. F. No. 1836, A bill for an act relating to health; regulating the practice of orthotics, prosthetics, and pedorthics; requiring licensure; providing fees; proposing coding for new law as Minnesota Statutes, chapter 153B.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Dean, M., introduced:
H. F. No. 1837, A bill for an act relating to natural resources; requiring a feasibility study on augmenting White Bear Lake water levels with treated wastewater.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Dean, M., introduced:
H. F. No. 1838, A bill for an act relating to natural resources; requiring a report on the diversion of water from Sucker Lake to White Bear Lake.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
McNamar introduced:
H. F. No. 1839, A bill for an act relating to agriculture; increasing the maximum reimbursement allowed from the agricultural chemical response and reimbursement account; amending Minnesota Statutes 2012, section 18E.04, subdivision 4.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 778.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING
OF SENATE BILLS
S. F. No. 778, A bill for an act relating to collective bargaining; authorizing collective bargaining for family child care providers; authorizing collective bargaining for home and community-based long-term care services; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 179A; 256B.
The bill was read for the first time.
Nelson moved that S. F. No. 778 and H. F. No. 950, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
CALENDAR FOR
THE DAY
S. F. No. 346, A bill for
an act relating to crime; providing for forfeiture of money used or intended
for use to facilitate a prostitution or sex trafficking offense; appropriating
money; amending Minnesota Statutes 2012, sections 609.5312, subdivision 1;
609.5315, subdivisions 1, 5b, by adding a subdivision.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of the bill and the
roll was called. There were 132 yeas and
0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
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
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
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
Zellers
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
H. F. No. 664, A bill for
an act relating to campaign finance; making various changes to campaign finance
and public disclosure law; expanding definition of public official; amending
Minnesota Statutes 2012, sections 10A.01, subdivision 35; 10A.025, subdivision
4; 10A.04, subdivision 5; 10A.15, subdivision 1; 10A.16; 10A.20, subdivisions
4, 12; 10A.242, subdivision 1; 10A.27, subdivision 9; 10A.273, subdivisions 1,
4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315; 10A.321, subdivision 1;
10A.322, subdivision 4; 10A.324, subdivision 1; 211B.37.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 126 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Drazkowski
McDonald
O'Neill
Wills
The bill was passed and its title agreed
to.
S. F. No. 654 was reported
to the House.
Barrett moved to amend S. F. No. 654, the second engrossment, as follows:
Page 7, after line 35, insert:
"Sec. 12. REQUEST
FOR PROPOSALS.
(a) Notwithstanding Minnesota Statutes,
section 256B.0625, subdivision 18b, the commissioner of human services shall
develop and issue a request for proposals to implement a statewide nonemergency
medical transportation brokerage program under Minnesota Statutes, section
256B.04, subdivision 14. This program
must include an in-state call center for all Medicaid nonemergency
transportation services provided under the medical transportation program in
Minnesota.
(b) All bids submitted under paragraph
(a) must be actuarially sound to ensure that all performance requirements can
be met and quality service delivery is maintained. Upon the completion of the formal bidding
process, the commissioner of administration, in consultation with the
commissioner of human services, shall evaluate all proposals and make final
determinations regarding contract awards.
(c) Within ten days of determining a
winning bid, the commissioner of human services shall apply to the Centers for
Medicare and Medicaid Services for a state plan amendment as provided for in
section 1902(a)(70) of the Social Security Act, and according to Code of
Federal Regulations, title 42, section 440.170(a)(4). The state plan amendment shall allow the
commissioner to operate the nonemergency medical transportation system in a
manner that enhances access to health care services, improves the quality of
transportation delivered, and provides for a more cost-effective approach based
on cost containment and budget predictability.
EFFECTIVE DATE. This section is effective July 1, 2014, only if the commissioner of human services has not implemented by that date the comprehensive, statewide single administrative structure and delivery system for nonemergency medical transportation as required by Minnesota Statutes, section 256B.0625, subdivision 18e."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Barrett amendment and the
roll was called. There were 57 yeas and
76 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newberger
Newton
Norton
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did
not prevail and the amendment was not adopted.
S. F. No. 654, A bill for
an act relating to human services; modifying provisions related to health care
and medical assistance; amending Minnesota Statutes 2012, sections 62J.495,
subdivision 15; 256.01, subdivision 34; 256.962, subdivision 8; 256B.0625,
subdivisions 8, 8a, 8b, 17, 18e, 18f, 25; 256B.0755, subdivision 7; repealing
Minnesota Rules, part 9505.0315, subpart 7, item D.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Drazkowski
Pugh
The bill was passed and its title agreed
to.
H. F. No. 157 was reported
to the House.
Hilstrom moved to amend H. F. No. 157, the fifth engrossment, as follows:
Page 2, line 2, before the semicolon, insert ", or the operator of an Internet Web site that allows users to offer the sale of coins through that Web site, does not set the price, is not the seller of record, and does not take possession of any coins to be offered"
Page 2, line 9, delete "in connection with" and insert "for the purpose of"
Page 4, line 3, after the period, insert "A bullion coin dealer may rely on the screening process provided for in section 80G.05 and the statements of its coin dealer representatives for the purposes of complying with the disclosure requirements of this clause relating to coin dealer representatives, provided that such reliance is reasonable, in good faith, and the bullion coin dealer has no knowledge of information suggesting that the screening results or statement are inaccurate."
Page 5,
line 1, before the period, insert "conducting activities on behalf of
or at the direction of the bullion coin dealer"
Page 5, line 16, delete the first comma and insert "or" and delete ", or dishonesty"
Page 5, line 20, delete the first comma and insert "or" and delete the second comma and insert a period
Page 5, delete line 21
Page 5, line 34, delete everything after "use" and insert "a reputable, reliable, and accurate vendor authorized to do business in Minnesota"
Page 6, line 1, delete everything before "to"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Swedzinski moved to amend H. F. No. 157, the fifth engrossment, as amended, as follows:
Page 2, line 27, delete "$5,000" and insert "5 ounces of gold or equivalent amounts of precious metals"
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 157, the fifth engrossment, as amended, as follows:
Page 2, line 4, delete "or"
Page 2, line 6, delete the period and insert "; or"
Page 2, after line 6, insert:
"(7) a person who buys or sells bullion coin as numismatic objects, and not for their content of precious metals."
The
motion did not prevail and the amendment was not adopted.
H. F. No. 157, A bill for
an act relating to commerce; regulating bullion coin dealers; requiring
registration; prohibiting certain conduct; providing enforcement authority and
civil and criminal penalties; proposing coding for new law as Minnesota
Statutes, chapter 80G.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 74 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was passed, as amended, and its
title agreed to.
S. F. No. 661 was reported
to the House.
Winkler moved to amend S. F. No. 661,
the fourth engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 863, the
second engrossment:
"Section 1. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:
Subd. 7c. Ballot
question political committee. "Ballot
question political committee" means a political committee that makes only
expenditures to promote or defeat a ballot question and disbursements permitted
under section 10A.121, subdivision 1.
Sec. 2. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:
Subd. 7d. Ballot
question political fund. "Ballot
question political fund" means a political fund that makes only
expenditures to promote or defeat a ballot question and disbursements permitted
under section 10A.121, subdivision 1.
Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 10, is amended to read:
Subd. 10. Candidate. "Candidate" means an individual
who seeks nomination or election as a state constitutional officer, legislator,
or judge. An individual is deemed to
seek nomination or election if the individual has taken the action necessary
under the law of this state to qualify for nomination or election, has received
contributions or made expenditures in excess of $100, or has given implicit or
explicit consent for any other person to receive contributions or make
expenditures in excess of $100, for the purpose of bringing about the
individual's nomination or election. A candidate
remains a candidate until the candidate's principal campaign committee is
dissolved as provided in section 10A.24 10A.243.
Sec. 4. Minnesota Statutes 2012, section 10A.01, subdivision 11, is amended to read:
Subd. 11. Contribution. (a) "Contribution" means money,
a negotiable instrument, or a donation in kind that is given to a political
committee, political fund, principal campaign committee, or party unit. An allocation by an association of general
treasury money to be used for activities that must be or are reported through
the association's political fund is considered to be a contribution for the
purposes of disclosure required by this chapter.
(b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, or party unit to which the loan or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.
(c)
"Contribution" does not include services provided without
compensation by an individual volunteering personal time on behalf of a
candidate, ballot question, political committee, political fund, principal
campaign committee, or party unit; the publishing or broadcasting of news items
or editorial comments by the news media; or an individual's unreimbursed
personal use of an automobile owned by the individual while volunteering
personal time.
Sec. 5. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:
Subd. 16a. Expressly
advocating. "Expressly
advocating" means that a communication clearly identifies a candidate and
uses words or phrases of express advocacy.
Sec. 6. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:
Subd. 17c. General
treasury money. "General
treasury money" means money that an association other than a principal
campaign committee, party unit, or political committee accumulates through
membership dues and fees, donations to the association for its general
purposes, and income from the operation of a business. General treasury money does not include money
collected to influence the nomination or election of candidates or to promote
or defeat a ballot question.
Sec. 7. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision to read:
Subd. 26a. Person. "Person" means an
individual, an association, a political subdivision, or a public higher
education system.
Sec. 8. Minnesota Statutes 2012, section 10A.01, subdivision 27, is amended to read:
Subd. 27. Political
committee. "Political
committee" means an association whose major purpose is to influence the
nomination or election of a candidate one or more candidates or
to promote or defeat a ballot question, other than a principal campaign
committee or a political party unit.
Sec. 9. Minnesota Statutes 2012, section 10A.01, subdivision 28, is amended to read:
Subd. 28. Political
fund. "Political fund"
means an accumulation of dues or voluntary contributions by an association other
than a political committee, principal campaign committee, or party unit, if the
accumulation is collected or expended to influence the nomination or election
of a candidate one or more candidates or to promote or defeat a
ballot question. The term "political
fund" as used in this chapter may also refer to the association acting
through its political fund.
Sec. 10. Minnesota Statutes 2012, section 10A.02, subdivision 9, is amended to read:
Subd. 9. Documents;
information. The executive director
must inspect all material filed with the board as promptly as necessary to
comply with this chapter and, with other provisions of law
requiring the filing of a document with the board, and with other provisions
of law under the board's jurisdiction pursuant to subdivision 11. The executive director must immediately
notify the an individual required to file a document with the
board if a written complaint is filed with the board alleging, or it
otherwise appears, that a document filed with the board is inaccurate or does
not comply with this chapter, or that the individual has failed to file a
document required by this chapter or has failed to comply with this chapter
or other provisions under the board's jurisdiction pursuant to subdivision 11. The executive director may provide an
individual required to file a document under this chapter with factual
information concerning the limitations on corporate campaign contributions
imposed by section 211B.15.
Sec. 11. Minnesota Statutes 2012, section 10A.02, subdivision 10, is amended to read:
Subd. 10. Audits
and investigations. The board may
make audits and investigations, impose statutory civil penalties, and issue
orders for compliance with respect to statements and reports that are
filed or that should have been filed under the requirements of this
chapter and provisions under the board's jurisdiction pursuant to
subdivision 11. In all matters
relating to its official duties, the board has the power to issue subpoenas and
cause them to be served. If a person
does not comply with a subpoena, the board may apply to the District Court of
Ramsey County for issuance of an order compelling obedience to the subpoena. A person failing to obey the order is
punishable by the court as for contempt.
Sec. 12. Minnesota Statutes 2012, section 10A.02, subdivision 11, is amended to read:
Subd. 11. Violations;
enforcement. (a) The board may
investigate any alleged violation of this chapter. The board may also investigate an alleged
violation of section 211B.04, 211B.12, or 211B.15 by or related to a candidate,
treasurer, principal campaign committee, political committee, political fund,
or party unit, as those terms are defined in this chapter. The board must investigate any violation that
is alleged in a written complaint filed with the board and must within 30 days
after the filing of the complaint make a public finding of whether there is
probable cause to believe a violation has occurred findings and
conclusions as to whether a violation has occurred and must issue an order,
except that if the complaint alleges a violation of section 10A.25 or 10A.27,
the board must either enter a conciliation agreement or make a public finding
of whether there is probable cause, findings and conclusions as to
whether a violation has occurred and must issue an order within 60 days
after the filing of the complaint. The
deadline for action on a written complaint may be extended by majority vote of
the board.
(b) The board may bring legal actions
or negotiate settlements in its own name to recover money raised from
contributions subject to the conditions in this paragraph.
(1) No action may be commenced unless
the board has made a formal determination, after an investigation, that the
money was raised for political purposes as defined in section 211B.01,
subdivision 6, and that the money was used for purposes not permitted under
this chapter or under section 211B.12.
(2) Prior to commencing an action, the
board must give the association whose money was misused written notice by
certified mail of its intent to take action under this subdivision and must
give the association a reasonable opportunity, for a period of not less than 90
days, to recover the money without board intervention. This period must be extended for at least an
additional 90 days for good cause if the association is actively pursuing
recovery of the money. The board may not
commence a legal action under this subdivision if the association has commenced
a legal action for the recovery of the same money.
(3) Any funds recovered under this
subdivision must be deposited in a campaign finance recovery account in the
special revenue fund and are appropriated as follows:
(i) an amount equal to the board's actual costs and disbursements in the action, including court reporter fees for depositions taken in the course of an investigation, is appropriated to the board for its operations;
(ii) an amount equal to the reasonable
value of legal services provided by the Office of the Attorney General in the
recovery matter, calculated on the same basis as is used for charging legal
fees to state agencies, is appropriated to the attorney general for the
attorney general's operations; and
(iii) any remaining balance is
appropriated to the board for distribution to the association to which the
money was originally contributed.
(4) Notwithstanding clause (3), item
(iii), if the candidate of a principal campaign committee is the person who
used the association's money for illegal purposes, or if the association or
political fund whose money was misused is no longer registered with the board,
any money remaining after the payments specified in clause (3), items (i) and
(ii), must be transferred to the general account of the state elections
campaign account.
(5)
Any action by the board under this paragraph must be commenced not later than
four years after the improper use of money is shown on a report filed with the
board or the board has actual knowledge of improper use. No action may be commenced under this paragraph
for improper uses disclosed on reports for calendar years prior to 2011.
(6) If the board prevails in an action
brought under this subdivision and the court makes a finding that the misuse of
funds was willful, the court may enter judgment in favor of the board and
against the person misusing the funds in the amount of the misused funds.
(b) (c) Within a reasonable
time after beginning an investigation of an individual or association, the
board must notify the individual or association of the fact of the
investigation. The board must not make a
finding of whether there is probable cause to believe a violation has occurred
without notifying the individual or association of the nature of the
allegations and affording an opportunity to answer those allegations.
(c) (d) A hearing or action
of the board concerning a complaint or investigation other than a finding
concerning probable cause or a conciliation agreement is confidential. Until the board makes a public finding
concerning probable cause or enters a conciliation agreement:
(1) a member, employee, or agent of the board must not disclose to an individual information obtained by that member, employee, or agent concerning a complaint or investigation except as required to carry out the investigation or take action in the matter as authorized by this chapter; and
(2) an individual who discloses information contrary to this subdivision is subject to a civil penalty imposed by the board of up to $1,000.
(e)
A matter that is under the board's jurisdiction pursuant to this section and
that may result in a criminal offense must be finally disposed of by the board
before the alleged violation may be prosecuted by a city or county attorney.
Sec. 13. Minnesota Statutes 2012, section 10A.02, subdivision 12, is amended to read:
Subd. 12. Advisory
opinions. (a) The board may issue
and publish advisory opinions on the requirements of this chapter and of
those sections listed in subdivision 11 based upon real or hypothetical
situations. An application for an
advisory opinion may be made only by an individual or association a
person who is subject to chapter 10A and who wishes to use the
opinion to guide the individual's or the association's person's
own conduct. The board must issue
written opinions on all such questions submitted to it within 30 days after
receipt of written application, unless a majority of the board agrees to extend
the time limit.
(b) A written advisory opinion issued by the board is binding on the board in a subsequent board proceeding concerning the person making or covered by the request and is a defense in a judicial proceeding that involves the subject matter of the opinion and is brought against the person making or covered by the request unless:
(1) the board has amended or revoked the opinion before the initiation of the board or judicial proceeding, has notified the person making or covered by the request of its action, and has allowed at least 30 days for the person to do anything that might be necessary to comply with the amended or revoked opinion;
(2) the request has omitted or misstated material facts; or
(3) the person making or covered by the request has not acted in good faith in reliance on the opinion.
(c) A request for an opinion and the opinion itself are nonpublic data. The board, however, may publish an opinion or a summary of an opinion, but may not include in the publication the name of the requester, the name of a person covered by a request from an agency or political subdivision, or any other information that might identify the requester, unless the person consents to the inclusion.
Sec. 14. Minnesota Statutes 2012, section 10A.02, subdivision 15, is amended to read:
Subd. 15. Disposition of fees. The board must deposit all fees and civil penalties collected under this chapter into the general fund in the state treasury.
Sec. 15. Minnesota Statutes 2012, section 10A.025, subdivision 2, is amended to read:
Subd. 2. Penalty for false statements. (a) A report or statement required to be filed under this chapter must be signed and certified as true by the individual required to file the report. The signature may be an electronic signature consisting of a password assigned by the board.
(b) An individual who signs and
certifies shall not sign and certify to be true a report or
statement knowing it contains false
information or who knowingly knowing it omits required
information is guilty of a gross misdemeanor and subject to a
civil penalty imposed by the board of up to $3,000.
(c) An individual shall not knowingly
provide false or incomplete information to a treasurer with the intent that the
treasurer will rely on that information in signing and certifying to be true a
report or statement.
(d) A person who violates paragraph (b)
or (c) is subject to a civil penalty imposed by the board of up to $3,000. A violation of paragraph (b) or (c) is a
gross misdemeanor.
(e) The board may impose an additional
civil penalty of up to $3,000 on the principal campaign committee or candidate,
party unit, political committee, or association that has a political fund that
is affiliated with an individual who violated paragraph (b) or (c).
Sec. 16. Minnesota Statutes 2012, section 10A.025, subdivision 3, is amended to read:
Subd. 3. Record
keeping; penalty. (a) A
person required to file a report or statement or who has accepted
record-keeping responsibility for the filer must maintain records on the
matters required to be reported, including vouchers, canceled checks, bills,
invoices, worksheets, and receipts, that will provide in sufficient detail the
necessary information from which the filed reports and statements may be
verified, explained, clarified, and checked for accuracy and completeness. The person must keep the records available
for audit, inspection, or examination by the board or its authorized
representatives for four years from the date of filing of the reports or
statements or of changes or corrections to them. A person who knowingly violates this
subdivision is guilty of a misdemeanor.
(b) The board may impose a
civil penalty of up to $3,000 on a person who knowingly violates this
subdivision. The board may impose a
separate civil penalty of up to $3,000 on the principal campaign committee or
candidate, party unit, political committee, or association that has a political
fund that is affiliated with an individual who violated this subdivision.
(c) A knowing violation of this
subdivision is a misdemeanor.
Sec. 17. Minnesota Statutes 2012, section 10A.105, subdivision 1, is amended to read:
Subdivision
1. Single
committee. A candidate must not
accept contributions from a source, other than self, in aggregate in excess of $100
$750 or accept a public subsidy unless the candidate designates and
causes to be formed a single principal campaign committee for each office
sought. A candidate may not authorize,
designate, or cause to be formed any other political committee bearing the
candidate's name or title or otherwise operating under the direct or indirect
control of the candidate. However, a
candidate may be involved in the direct or indirect control of a party unit.
Sec. 18. Minnesota Statutes 2012, section 10A.12, subdivision 1, is amended to read:
Subdivision 1. When
required for contributions and approved expenditures. An association other than a political
committee or party unit may not contribute more than $100 $750 in
aggregate in any one calendar year to candidates, political
committees, or party units or make any approved or independent
expenditure or expenditure to promote or defeat a ballot question expenditures
of more than $750 in aggregate in any calendar year unless the contribution
or expenditure is made from through a political fund.
Sec. 19. Minnesota Statutes 2012, section 10A.12, subdivision 1a, is amended to read:
Subd. 1a. When
required for independent expenditures or ballot questions. An association other than a political
committee that makes only independent expenditures and disbursements
permitted under section 10A.121, subdivision 1, or expenditures to
promote or defeat a ballot question must do so by forming and
registering through an independent expenditure or ballot question
political fund if the expenditure is in excess of $100 independent
expenditures aggregate more than $1,500 in a calendar year or if the
expenditures to promote or defeat a ballot question aggregate more than $5,000
in a calendar year, or by contributing to an existing independent
expenditure or ballot question political committee or political
fund.
Sec. 20. Minnesota Statutes 2012, section 10A.12, subdivision 2, is amended to read:
Subd. 2. Commingling
prohibited. The contents of a
an association's political fund may not be commingled with other funds
or with the personal funds of an officer or member of the association or the
fund. It is not commingling for an
association that uses only its own general treasury money to make expenditures
and disbursements permitted under section 10A.121, subdivision 1, directly from
the depository used for its general treasury money. An association that accepts more than $1,500
in contributions to influence the nomination or election of candidates or more
than $5,000 in contributions to promote or defeat a ballot question must
establish a separate depository for those contributions.
Sec. 21. Minnesota Statutes 2012, section 10A.121, is amended to read:
10A.121
INDEPENDENT EXPENDITURE AND BALLOT QUESTION POLITICAL COMMITTEES AND INDEPENDENT
EXPENDITURE POLITICAL FUNDS.
Subdivision 1. Permitted
disbursements. An independent
expenditure political committee or an independent expenditure political fund,
or a ballot question political committee or fund, in addition to making
independent expenditures, may:
(1) pay costs associated with its fund-raising and general operations;
(2) pay for communications that do not
constitute contributions or approved expenditures; and
(3) make contributions to other
independent expenditure or ballot question political committees or independent
expenditure political funds;
(4) make independent expenditures;
(5) make expenditures to promote or
defeat ballot questions;
(6) return a contribution to its source;
(7) for a political fund, record
bookkeeping entries transferring the association's general treasury money
allocated for political purposes back to the general treasury of the
association; and
(8) for a political fund, return general treasury money transferred to a separate depository to the general depository of the association.
Subd. 2. Penalty. (a) An independent expenditure political
committee or independent expenditure political fund is subject to a civil
penalty of up to four times the amount of the contribution or approved
expenditure if it does the following:
(1) makes a contribution to a candidate, party unit, political committee, or political fund other than an independent expenditure political committee or an independent expenditure political fund; or
(2) makes an approved expenditure.
(b) No
other penalty provided in law may be imposed for conduct that is subject to a
civil penalty under this section.
Sec. 22. Minnesota Statutes 2012, section 10A.14, subdivision 1, is amended to read:
Subdivision 1. First
registration. The treasurer of a
political committee, political fund, principal campaign committee, or party
unit must register with the board by filing a registration statement of
organization no later than 14 days after the committee, fund, or party unit
has made a contribution, received contributions, or made expenditures in excess
of $100 $750, or by the end of the next business day after it has
received a loan or contribution that must be reported under section 10A.20,
subdivision 5, whichever is earlier. This
subdivision does not apply to ballot question or independent expenditure
political committees or funds, which are subject to subdivision 1a.
Sec. 23. Minnesota Statutes 2012, section 10A.14, is amended by adding a subdivision to read:
Subd. 1a. Independent
expenditure or ballot question political committees and funds; first
registration; reporting. The
treasurer of an independent expenditure or ballot question political committee
or fund must register with the board by filing a registration statement:
(1) no later than 14 calendar days
after the committee or the association registering the political fund has:
(i) received aggregate contributions
for independent expenditures of more than $1,500 in a calendar year;
(ii) received aggregate contributions
for expenditures to promote or defeat a ballot question of more than $5,000 in
a calendar year;
(iii) made aggregate
independent expenditures of more than $1,500 in a calendar year; or
(iv)
made aggregate expenditures to promote or defeat a ballot question of more than
$5,000 in a calendar year; or
(2) by the end of the next business day
after it has received a loan or contribution that must be reported under
section 10A.20, subdivision 5, and it has met one of the requirements of clause
(1).
Sec. 24. Minnesota Statutes 2012, section 10A.15, subdivision 1, is amended to read:
Subdivision 1. Anonymous
contributions. A political
committee, political fund, principal campaign committee, or party unit may not
retain an anonymous contribution in excess of $20 $50, but must
forward it to the board for deposit in the general account of the state elections
campaign fund account.
Sec. 25. Minnesota Statutes 2012, section 10A.15, subdivision 2, is amended to read:
Subd. 2. Source;
amount; date. An individual who
receives a contribution in excess of $20 $50 for a political
committee, political fund, principal campaign committee, or party unit must, on
demand of the treasurer, inform the treasurer of the name and, if known, the
address of the source of the contribution, the amount of the contribution, and
the date it was received.
Sec. 26. Minnesota Statutes 2012, section 10A.15, subdivision 3, is amended to read:
Subd. 3. Deposit. All contributions received by or on
behalf of a candidate, principal campaign committee, political committee,
political fund, or party unit must be deposited in an account designated
"Campaign Fund of ..... (name of
candidate, committee, fund, or party unit)." All contributions must be deposited promptly
upon receipt and, except for contributions received during the last three days
of a reporting period as described in section 10A.20, must be deposited during
the reporting period in which they were received. A contribution received during the last three
days of a reporting period must be deposited within 72 hours after receipt and
must be reported as received during the reporting period whether or not
deposited within that period. A
candidate, principal campaign committee, political committee, political fund,
or party unit may refuse to accept a contribution. A deposited contribution may be returned to
the contributor within 60 90 days after deposit. A contribution deposited and not returned
within 60 90 days after that deposit must be reported as
accepted.
Sec. 27. Minnesota Statutes 2012, section 10A.20, subdivision 1, is amended to read:
Subdivision 1. First
filing; duration. The treasurer of a
political committee, political fund, principal campaign committee, or party
unit must begin to file the reports required by this section in for
the first year it receives contributions or makes expenditures in excess of
$100 that require it to register under section 10A.14 and must
continue to file until the committee, fund, or party unit is terminated. The reports must be filed electronically in a
standards-based open format specified by the board. For good cause shown, the board must grant
exemptions to the requirement that reports be filed electronically.
Sec. 28. Minnesota Statutes 2012, section 10A.20, subdivision 2, is amended to read:
Subd. 2. Time for filing. (a) The reports must be filed with the board on or before January 31 of each year and additional reports must be filed as required and in accordance with paragraphs (b) to (d).
(b) In
each year in which the name of the a candidate for legislative
or district court judicial office is on the ballot, the report of the
principal campaign committee must be filed 15 days before a primary and ten
days before a general election, seven days before a special primary and a
special election, and ten days after a special election cycle.
(c) In each general election
year, a political committee or, a political fund must file
reports 28 and 15 days before a primary and 42 and ten days before a general
election. Beginning in 2012, reports
required under this paragraph must also be filed 56 days before a primary.,
a state party committee, a party unit established by all or a part of the party
organization within a house of the legislature, and the principal campaign
committee of a candidate for constitutional or appellate court judicial office
must file reports on the following schedule:
(1) a first-quarter report covering the
calendar year through March 31, which is due April 14;
(2) in a year in which a primary
election is held in August, a report covering the calendar year through May 31,
which is due June 14;
(3) in a year in which a primary
election is held before August, a pre-general-election report covering the
calendar year through July 15, which is due July 29;
(4) a pre-primary-election report due
15 days before a primary election;
(5) a pre-general-election report due
42 days before the general election;
(6) a pre-general-election report due
ten days before a general election; and
(7) for a special election, a
constitutional office candidate whose name is on the ballot must file reports
seven days before a special primary and a special election, and ten days after
a special election cycle.
(d) In each general election year, a party unit not included in paragraph (c) must file reports 15 days before a primary election and ten days before a general election.
(e) Notwithstanding paragraphs (a) to
(d), the principal campaign committee of a candidate whose name will not be on
the general election ballot is not required to file the report due ten days
before a general election or seven days before a special election.
Sec. 29. Minnesota Statutes 2012, section 10A.20, subdivision 3, is amended to read:
Subd. 3. Contents
of report. (a) The report
required by this section must include each of the items listed in paragraphs
(b) to (o) that are applicable to the filer.
The board shall prescribe forms based on filer type indicating which of
those items must be included on the filer's report.
(a) (b) The report must
disclose the amount of liquid assets on hand at the beginning of the reporting
period.
(b) (c) The report must
disclose the name, address, and employer, or occupation if self-employed, of
each individual or association that has made one or more contributions to the
reporting entity, including the purchase of tickets for a fund-raising effort,
that in aggregate within the year exceed $100 $200 for
legislative or statewide candidates or more than $500 for ballot
questions, together with the amount and date of each contribution, and the
aggregate amount of contributions within the year from each source so disclosed. A donation in kind must be disclosed at its
fair market value. An approved
expenditure must be listed as a donation in kind. A donation in kind is considered consumed in
the reporting period in which it is received.
The names of contributors must be listed in alphabetical order. Contributions from the same contributor must
be listed under the same name. When a
contribution received from a contributor in a reporting period is added to
previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name,
address, and employer, or occupation if self-employed, of the contributor must
then be listed on the report.
(c) (d) The report must
disclose the sum of contributions to the reporting entity during the reporting
period.
(d) (e) The report
must disclose each loan made or received by the reporting entity within the
year in aggregate in excess of $100 $200, continuously reported
until repaid or forgiven, together with the name, address, occupation, and
principal place of business, if any, of the lender and any endorser and the
date and amount of the loan. If a loan
made to the principal campaign committee of a candidate is forgiven or is
repaid by an entity other than that principal campaign committee, it must be
reported as a contribution for the year in which the loan was made.
(e) (f) The report must
disclose each receipt over $100 $200 during the reporting period
not otherwise listed under paragraphs (b) (c) to (d) (e).
(f) (g) The report must
disclose the sum of all receipts of the reporting entity during the reporting
period.
(g) (h) The report must disclose the name and
address of each individual or association to whom aggregate expenditures, including
approved expenditures, independent expenditures and ballot question
expenditures have been made by or on behalf of the reporting entity within
the year in excess of $100 $200, together with the amount, date,
and purpose of each expenditure and the name and address of, and office sought
by, each candidate on whose behalf the expenditure was made, identification of
the ballot question that the expenditure was intended to promote or defeat and
an indication of whether the expenditure was to promote or to defeat the ballot
question, and in the case of independent expenditures made in opposition to
a candidate, the candidate's name, address, and office sought. A reporting entity making an expenditure on
behalf of more than one candidate for state or legislative office must allocate
the expenditure among the candidates on a reasonable cost basis and report the
allocation for each candidate.
(h) (i) The report must
disclose the sum of all expenditures made by or on behalf of the reporting
entity during the reporting period.
(i) (j) The report must
disclose the amount and nature of an advance of credit incurred by the
reporting entity, continuously reported until paid or forgiven. If an advance of credit incurred by the principal
campaign committee of a candidate is forgiven by the creditor or paid by an
entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.
(j) (k) The report must disclose
the name and address of each political committee, political fund, principal
campaign committee, or party unit to which contributions have been made that
aggregate in excess of $100 $200 within the year and the amount
and date of each contribution.
(k) (l) The report must disclose the sum of
all contributions made by the reporting entity during the reporting period.
(l) (m) The report must
disclose the name and address of each individual or association to whom
noncampaign disbursements have been made that aggregate in excess of $100
$200 within the year by or on behalf of the reporting entity and the
amount, date, and purpose of each noncampaign disbursement.
(m) (n) The report must
disclose the sum of all noncampaign disbursements made within the year by or on
behalf of the reporting entity.
(n) (o) The report must
disclose the name and address of a nonprofit corporation that provides
administrative assistance to a political committee or political fund as
authorized by section 211B.15, subdivision 17, the type of administrative
assistance provided, and the aggregate fair market value of each type of
assistance provided to the political committee or political fund during the
reporting period.
Sec. 30. Minnesota Statutes 2012, section 10A.20, subdivision 5, is amended to read:
Subd. 5. Preelection
Pre-election reports. (a)
Any loan, contribution, or contributions:
(1) to a political
committee or political fund from any one source totaling more than
$1,000 or more, or in a statewide election for;
(2) to the principal campaign committee
of a candidate for an appellate court judicial office, any loan,
contribution, or contributions from any one source totaling more than
$2,000 or more, or in any judicial;
(3) to the principal campaign committee
of a candidate for district court judge totaling more than
$400 or more, and any loan, contribution, or contributions; or
(4) to the principal campaign
committee of a candidate for constitutional office or for the legislature from
any one source totaling 80 more than 50 percent or more
of the election cycle contribution limit for the office, received
between the last day covered in the last report before an election and the
election must be reported to the board in one of the following ways: in the manner provided in paragraph
(b).
(b) A loan, contribution, or
contributions required to be reported to the board under paragraph (a) must be
reported to the board either:
(1) in person by the end of the next business day after its receipt; or
(2) by electronic means sent within 24 hours after its receipt.
(c) These loans and contributions must also be reported in the next required report.
(d) This notice requirement does not
apply with respect to in a primary in which the statewide or
legislative election to a candidate who is unopposed in
the primary, in a primary election to a ballot question political committee or
fund, or in a general election to a candidate whose name is not on the general
election ballot. The board must post
the report on its Web site by the end of the next business day after it is
received.
(e) This subdivision does not apply to a
ballot question or independent expenditure political committee or fund that has
not met the registration threshold of section 10A.14, subdivision 1a. However, if a contribution that would be
subject to this section triggers the registration requirement in section
10A.14, subdivision 1a, then both registration under that section and reporting
under this section are required.
Sec. 31. Minnesota Statutes 2012, section 10A.20, subdivision 6, is amended to read:
Subd. 6. Report
when no committee. (a) A
candidate who does not designate and cause to be formed a principal campaign
committee and an individual who makes independent expenditures or
campaign expenditures expressly advocating the approval or defeat of
a ballot question in aggregate in excess of $100 $750 in a
year must file with the board a report containing the information required by
subdivision 3. Reports required by this
subdivision must be filed on by the dates on which reports by principal
campaign committees, funds, and party units are must be
filed.
(b) An individual who makes independent
expenditures that aggregate more than $1,500 in a calendar year or expenditures
to promote or defeat a ballot question that aggregate more than $5,000 in a
calendar year must file with the board a report containing the information
required by subdivision 3. A report
required by this subdivision must be filed by the date on which the next report
by political committees and political funds must be filed.
Sec. 32. Minnesota Statutes 2012, section 10A.20, subdivision 7, is amended to read:
Subd. 7. Statement
of inactivity. If a reporting
entity principal campaign committee, party unit, or political committee,
has no receipts or expenditures during a reporting period, the treasurer must
file with the board at the time required by this section a statement to that
effect.
Sec. 33. Minnesota Statutes 2012, section 10A.20, is amended by adding a subdivision to read:
Subd. 7a. Activity
of political fund. An
association is not required to file any statement or report for a reporting
period when the association accepted no contributions into the association's
political fund and made no expenditures from its political fund since the last
date included in its most recent filed report.
If the association maintains a separate checking account for its
political fund, the receipt of interest on the proceeds of that account and the
payment of fees to maintain that account do not constitute activity that
requires the filing of a report for an otherwise inactive political fund.
Sec. 34. Minnesota Statutes 2012, section 10A.241, is amended to read:
10A.241
TRANSFER OF DEBTS.
Notwithstanding section 10A.24, A
candidate may terminate the candidate's principal campaign committee for one
state office by transferring any debts of that committee to the candidate's
principal campaign committee for another state office if all outstanding unpaid
bills or loans from the committee being terminated are assumed and continuously
reported by the committee to which the transfer is being made until paid or
forgiven. A loan that is forgiven is
covered by section 10A.20 and, for purposes of section 10A.324, is a
contribution to the principal campaign committee from which the debt was
transferred under this section.
Sec. 35. [10A.243]
TERMINATION OF REGISTRATION.
Subdivision 1. Termination
report. A political
committee, political fund, principal campaign committee, or party unit may
terminate its registration with the board after it has disposed of all its
assets in excess of $100 by filing a final report of receipts and expenditures. The final report must be identified as a
termination report and must include all financial transactions that occurred
after the last date included on the most recent report filed with the board. The termination report may be filed at any
time after the asset threshold in this section is reached.
Subd. 2. Asset
disposition. "Assets"
include credit balances at vendors, prepaid postage and postage stamps, as well
as physical assets. Assets must be
disposed of at their fair market value. Assets
of a political fund that consist of, or were acquired using, only the general
treasury money of the fund's supporting association remain the property of the
association upon termination of the association's political fund registration
and are not subject to the disposal requirements of this section.
Sec. 36. [10A.244]
VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.
Subdivision 1. Election
of voluntary inactive status. An
association that has a political fund registered under this chapter may elect
to have the fund placed on voluntary inactive status if the following
conditions are met:
(1) the association makes a written
request for inactive status;
(2) the association has filed all
periodic reports required by this chapter and has received no contributions
into its political fund and made no expenditures or disbursements through its
political fund since the last date included on the association's most recent
report; and
(3) the association has satisfied all
obligations to the state for late filing fees and civil penalties imposed by
the board or the board has waived this requirement.
Subd. 2. Effect
of voluntary inactive status. After
an association has complied with the requirements of subdivision 1:
(1) the board must notify the
association that its political fund has been placed in voluntary inactive
status and of the terms of this section;
(2) the board must stop sending
the association reports, forms, and notices of report due dates that are
periodically sent to entities registered with the board;
(3) the association is not required to
file periodic disclosure reports for its political fund as otherwise required
under this chapter;
(4) the association may not accept
contributions into its political fund and may not make expenditures,
contributions, or disbursements through its political fund; and
(5) if the association maintains a
separate depository account for its political fund, it may continue to pay bank
service charges and receive interest paid on that account while its political
fund is in inactive status.
Subd. 3. Resumption
of active status or termination. (a)
An association that has placed its political fund in voluntary inactive status
may resume active status upon written notice to the board.
(b) A political fund placed in
voluntary inactive status must resume active status within 14 days of the date
that it has accepted contributions or made expenditures, contributions, or
disbursements that aggregate more than $750 since the political fund was placed
on inactive status. If, after meeting
this threshold, the association does not notify the board that its fund has
resumed active status, the board may place the association's political fund in
active status and notify the association of the change in status.
(c) An association that has placed its
political fund in voluntary inactive status may terminate the registration of
the fund without returning it to active status.
Subd. 4. Penalty
for financial activity while in voluntary inactive status. If an association fails to notify the
board of its political fund's resumption of active status under subdivision 3,
the board may impose a civil penalty of $50 per day, not to exceed $1,000
commencing on the 15th calendar day after the fund resumed active status.
Sec. 37. [10A.245]
ADMINISTRATIVE TERMINATION OF INACTIVE COMMITTEES AND FUNDS.
Subdivision 1. Inactivity
defined. (a) A principal
campaign committee becomes inactive on the later of the following dates:
(1) six years after the last election
in which the individual for whom the committee exists was a candidate for the
office sought or held at the time the principal campaign committee registered
with the board; or
(2) six years after the last day on
which the individual for whom the committee exists served in an elective office
subject to this chapter.
(b) A political committee, political fund,
or party unit becomes inactive when four years have elapsed since the end of a
reporting period during which the political committee, political fund, or party
unit made an expenditure or disbursement requiring itemized disclosure under
this chapter.
(c) A political fund that has elected
voluntary inactive status under section 10A.244 becomes inactive within the
meaning of this section when four years have elapsed during which the political
fund was continuously in voluntary inactive status.
Subd. 2. Termination
by board. The board may
terminate the registration of a principal campaign committee, party unit,
political committee, or political fund found to be inactive under this section
60 days after sending written notice of inactivity by certified mail to the
affected association at the last address on record with the board for that
association. Within 60 days after the
board sends notice under this section, the affected association must dispose of
its assets as provided in this
subdivision. The assets of the principal
campaign committee, party unit, or political committee must be used for the
purposes authorized by this chapter or section 211B.12 or must be liquidated
and deposited in the general account of the state elections campaign account. The assets of an association's political fund
that were derived from the association's general treasury money revert to the
association's general treasury. Assets
of a political fund that resulted from contributions to the political fund must
be used for the purposes authorized by this chapter or section 211B.12 or must
be liquidated and deposited in the general account of the state elections
campaign account.
Sec. 38. [10A.246]
UNPAID DEBT UPON TERMINATION.
Termination of a registration with the
board does not affect the liability, if any, of the association or its
candidates, officers, or other individuals for obligations incurred in the name
of the association or its political fund.
Sec. 39. Minnesota Statutes 2012, section 10A.25, subdivision 2, is amended to read:
Subd. 2. Amounts. (a) In a year in which an election is
held each election cycle for an office sought by a candidate, the
principal campaign committee of the candidate must not make campaign
expenditures nor permit approved expenditures to be made on behalf of the
candidate that result in aggregate expenditures in excess of the following:
(1) for governor and lieutenant governor,
running together, $2,577,200 $5,000,000;
(2) for attorney general, $429,600;
(3) for secretary of state, and
state auditor, separately, $214,800 each $1,500,000;
(4) (3) for state senator, $68,100
$120,000;
(5) (4) for state
representative, $34,300 $60,000.
(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement for the office of lieutenant governor at the convention of a political party may make campaign expenditures and approved expenditures of five percent of that amount to seek endorsement.
(c) If
a special election cycle occurs during a general election cycle, expenditures
by or on behalf of a candidate in the special election cycle do not
count as expenditures by or on behalf of the candidate in the general election cycle.
(d) The expenditure limits in this
subdivision for an office are increased by ten percent for a candidate who is
running for that office for the first time has not previously held the
same office, whose name has not previously been on the primary or general
election ballot for that office, and who has not in the past ten years
raised or spent more than $750 in a run previously for any other
office whose territory now includes a population that is more than one-third of
the population in the territory of the new office. In the case of a legislative candidate,
the office is that of a member of the house of representatives or senate
without regard to any specific district.
Sec. 40. Minnesota Statutes 2012, section 10A.25, subdivision 2a, is amended to read:
Subd. 2a. Aggregated
expenditures. If a candidate makes
expenditures from more than one principal campaign committee for nomination or
election to statewide office in the same election year cycle, the
amount of expenditures from all of the candidate's principal campaign
committees for statewide office for that election year cycle must
be aggregated for purposes of applying the limits on expenditures under
subdivision 2.
Sec. 41. Minnesota Statutes 2012, section 10A.25, subdivision 3, is amended to read:
Subd. 3. Governor
and lieutenant governor a single candidate.
For the purposes of sections 10A.11 to 10A.34 this chapter,
a candidate for governor and a candidate for lieutenant governor, running
together, are considered a single candidate.
Except as provided in subdivision 2, paragraph (b), all expenditures
made by or all approved expenditures made on behalf of the candidate for
lieutenant governor are considered to be expenditures by or approved
expenditures on behalf of the candidate for governor.
Sec. 42. Minnesota Statutes 2012, section 10A.257, subdivision 1, is amended to read:
Subdivision 1. Unused
funds. After all campaign
expenditures and noncampaign disbursements for an election cycle have been
made, an amount up to 50 25 percent of the election year cycle
expenditure limit for the office may be carried forward. Any remaining amount up to the total amount
of the public subsidy from the state elections campaign fund must be returned
to the state treasury for credit to the general fund under section 10A.324. Any remaining amount in excess of the total
public subsidy must be contributed to the state elections campaign fund account
or a political party for multicandidate expenditures as defined in section
10A.275.
Sec. 43. Minnesota Statutes 2012, section 10A.27, subdivision 1, is amended to read:
Subdivision 1. Contribution
limits. (a) Except as provided in
subdivision 2, a candidate must not permit the candidate's principal campaign
committee to accept aggregate contributions in an election cycle made or
delivered by any individual, political committee, or political fund,
or association not registered with the board in excess of the following:
(1) to candidates for governor and
lieutenant governor running together, $2,000 in an election year for the
office sought and $500 in other years $6,000;
(2) to a candidate for attorney general,
secretary of state, or state auditor, $1,000 in an election year for the
office sought and $200 in other years $4,000;
(3) to a candidate for state senator, $500
in an election year for the office sought and $100 in other years $3,000;
(4) to a candidate for state
representative, $500 in an election year for the office sought and $100 in
the other year $1,500; and
(5) to
a candidate for judicial office, $2,000 in an election year for the office
sought and $500 in other years $4,500.
(b) The following deliveries are not subject to the bundling limitation in this subdivision:
(1) delivery of contributions collected by a member of the candidate's principal campaign committee, such as a block worker or a volunteer who hosts a fund-raising event, to the committee's treasurer; and
(2) a delivery made by an individual on behalf of the individual's spouse.
(c) A lobbyist, political committee,
political party unit, or an association that has a political fund,
or an association not registered with the board must not make a
contribution a candidate is prohibited from accepting.
Sec. 44. Minnesota Statutes 2012, section 10A.27, subdivision 10, is amended to read:
Subd. 10. Limited
personal contributions. A candidate
who accepts a public subsidy signs an agreement under section 10A.322
may not contribute to the candidate's own campaign during a year an
election cycle more than ten five times the candidate's
election year cycle contribution limit under subdivision 1.
Sec. 45. Minnesota Statutes 2012, section 10A.27, subdivision 11, is amended to read:
Subd. 11. Contributions
from certain types of contributors. A
candidate must not permit the candidate's principal campaign committee to
accept a contribution from a political committee, political fund, lobbyist, or
large contributor, or association not registered with the board if the
contribution will cause the aggregate contributions from those types of
contributors to exceed an amount equal to 20 percent of the expenditure limits
for the office sought by the candidate, provided that the 20 percent limit must
be rounded to the nearest $100. For
purposes of this subdivision, "large contributor" means an
individual, other than the candidate, who contributes an amount that is more
than $100 and more than one-half the amount an individual may contribute.
Sec. 46. Minnesota Statutes 2012, section 10A.27, subdivision 13, is amended to read:
Subd. 13. Unregistered
association limit; statement; penalty. (a)
The treasurer of a political committee, political fund, principal campaign
committee, or party unit must not accept a contribution of more than $100
$200 from an association not registered under this chapter unless the
contribution is accompanied by a written statement that meets the disclosure
and reporting period requirements imposed by section 10A.20. This statement must be certified as true and
correct by an officer of the contributing association. The committee, fund, or party unit that
accepts the contribution must include a copy of the statement with the report
that discloses the contribution to the board.
This subdivision does not apply when a national political party
contributes money to its affiliate in this state.
(b) An unregistered association may provide the written statement required by this subdivision to no more than three committees, funds, or party units in a calendar year. Each statement must cover at least the 30 days immediately preceding and including the date on which the contribution was made. An unregistered association or an officer of it is subject to a civil penalty imposed by the board of up to $1,000, if the association or its officer:
(1) fails to provide a written statement as required by this subdivision; or
(2) fails to register after giving the written statement required by this subdivision to more than three committees, funds, or party units in a calendar year.
(c) The treasurer of a political
committee, political fund, principal campaign committee, or party unit who
accepts a contribution in excess of $100 $200 from an
unregistered association without the required written disclosure statement is
subject to a civil penalty up to four times the amount in excess of $100
$200.
(d) This subdivision does not apply:
(1) when a national political party
contributes money to its state committee; or
(2) to purchases by candidates for
federal office of tickets to events or space rental at events held by party
units in this state (i) if the geographical area represented by the party unit
includes any part of the geographical area of the office that the federal
candidate is seeking and (ii) the purchase price is not more than that paid by
other attendees or renters of similar spaces.
Sec. 47. Minnesota Statutes 2012, section 10A.27, subdivision 14, is amended to read:
Subd. 14. Contributions
of business revenue. An association
may, if not prohibited by other law, contribute revenue from the operation of a
business to an independent expenditure or ballot question political
committee or an independent expenditure political fund without complying
with subdivision 13.
Sec. 48. Minnesota Statutes 2012, section 10A.27, subdivision 15, is amended to read:
Subd. 15. Contributions
of dues or contribution revenue or use of general treasury money. (a) An association may, if not prohibited
by other law, contribute revenue from membership dues or fees, or from
contributions received by the association its general treasury money
to an independent expenditure or ballot question political committee or an
independent expenditure political fund, including its own independent
expenditure or ballot question political committee or fund, without
complying with subdivision 13.
(b) Before the day when the
recipient committee or fund's next report must be filed with the board under
section 10A.20, subdivision 2 or 5, an association that has contributed more
than $5,000 or more in aggregate to independent expenditure
political committees or funds during the calendar year or has contributed
more than $5,000 in aggregate to ballot question political committees or funds
during the calendar year must provide in writing to the recipient's
treasurer a statement that includes the name, address, and amount attributable
to each individual or association person that paid the
association dues or fees, or made contributions donations to the
association that, in total, aggregate more than $1,000 or more $5,000
of the contribution from the association to the independent expenditure or
ballot question political committee or fund. The statement must also include the total
amount of the contribution from individuals or associations attributable
to persons not subject to itemization under this section. The statement must be certified as true and
correct by an officer of the donor association.
(b) (c) To determine the amount
of membership dues or fees, or contributions donations made
by an individual or association that exceed $1,000 of the contribution made
by the donor association a person to an association and attributable to
the association's contribution to the independent expenditure or ballot
question political committee or fund, the donor association must:
(1) apply a pro rata calculation to all unrestricted dues, fees, and contributions received by the donor association in the calendar year; or
(2) as provided in paragraph (c) (d),
identify the specific individuals or associations whose dues, fees, or
contributions are included in the contribution to the independent expenditure
political committee or fund.
(c) (d) Dues, fees, or
contributions from an individual or association must be identified in a
contribution to an independent expenditure political committee or fund under
paragraph (b) (c), clause (2), if:
(1) the individual or association has specifically authorized the donor association to use the individual's or association's dues, fees, or contributions for this purpose; or
(2) the individual's or association's dues, fees, or contributions to the donor association are unrestricted and the donor association designates them as the source of the subject contribution to the independent expenditure political committee or fund.
(e) After a portion of an
individual's or association's dues, fees, or contributions to the donor association
have the general treasury money received by an association from a person
has been designated as the source of a contribution to an independent
expenditure or ballot question political committee or fund, that portion
of the individual's or association's dues, fees, or contributions to the
donor association association's general treasury money received from
that person may not be designated as the source of any other contribution
to an independent expenditure or ballot question political committee or
fund.
(d)
For the purposes of this section, "donor association" means the
association contributing to an independent expenditure political committee or
fund that is required to provide a statement under paragraph (a).
Sec. 49. Minnesota Statutes 2012, section 10A.323, is amended to read:
10A.323
AFFIDAVIT OF CONTRIBUTIONS.
(a) In addition to the requirements
of section 10A.322, to be eligible to receive a public subsidy under section
10A.31 a candidate or the candidate's treasurer must file an affidavit with
the board stating that:
(1) between January 1 of the previous
year and the cutoff date for transactions included in the report of receipts
and expenditures due before the primary election the candidate has
accumulated, accumulate contributions from persons individuals
eligible to vote in this state in at least the amount indicated for the office
sought, counting only the first $50 received from each contributor,
excluding in-kind contributions:
(1) (i) candidates for
governor and lieutenant governor running together, $35,000;
(2) (ii) candidates for
attorney general, $15,000;
(3) (iii) candidates for
secretary of state and state auditor, separately, $6,000;
(4) (iv) candidates for the
senate, $3,000; and
(5) (v) candidates for the
house of representatives, $1,500.;
(2) the candidate or the candidate's
treasurer must file an affidavit with the board stating that the principal
campaign committee has complied with this paragraph. The affidavit must state the total amount of
contributions that have been received from persons individuals
eligible to vote in this state, disregarding excluding:
(i) the portion of any contribution
in excess of $50.;
(ii) any in-kind contribution; and
(iii) any contribution for which the
name and address of the contributor is not known and recorded; and
(3) the candidate or the candidate's treasurer must submit the affidavit required by this section to the board in writing by the deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4.
(b) A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must accumulate the contributions specified in paragraph (a) and must submit the affidavit required by this section to the board within five days after the close of the filing period for the special election for which the candidate filed.
Sec. 50. Minnesota Statutes 2012, section 211B.32, subdivision 1, is amended to read:
Subdivision 1. Administrative remedy; exhaustion. (a) Except as provided in paragraph (b), a complaint alleging a violation of chapter 211A or 211B must be filed with the office. The complaint must be finally disposed of by the office before the alleged violation may be prosecuted by a county attorney.
(b) Complaints arising under
those sections and related to those individuals and associations specified in
section 10A.02, subdivision 11, paragraph (a), must be filed with the Campaign
Finance and Public Disclosure Board.
Sec. 51. REPEALER.
Minnesota Statutes 2012, sections
10A.24; 10A.242; and 10A.25, subdivision 6, are repealed.
Sec. 52. EFFECTIVE
DATE.
This act is effective the day following
final enactment."
Delete
the title and insert:
"A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; providing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 27, 28, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 2, 3; 10A.20, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 10A.241; 10A.25, subdivisions 2, 2a, 3; 10A.257, subdivision 1; 10A.27, subdivisions 1, 10, 11, 13, 14, 15; 10A.323; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6."
The
motion prevailed and the amendment was adopted.
Hansen moved to amend S. F. No. 661, the fourth engrossment, as amended, as follows:
Page 20, after line 21, insert:
"Sec. 42. Minnesota Statutes 2012, section 10A.25, subdivision 5, is amended to read:
Subd. 5. Contested
primary races. Notwithstanding the
limits imposed by subdivision 2, the winning candidate in a contested race in a
primary who received fewer than twice three times as many votes
as any one of the candidate's opponents in that primary may make expenditures
and permit approved expenditures to be made on behalf of the candidate equal to
120 130 percent of the applicable limit as set forth in
subdivision 2, but no more than 100 percent of the limit until after the
primary."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Hansen and Winkler moved to amend S. F. No. 661, the fourth engrossment, as amended, as follows:
Page 1, after line 13, insert:
"ARTICLE 1
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE"
Page 25, line 27, delete "act" and insert "article"
Page 25, after line 27, insert:
"ARTICLE 2
PUBLIC OFFICIAL
Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 35, is amended to read:
Subd. 35. Public official. "Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;
(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;
(24) citizen member of the Clean Water
Council established in section 114D.30; or
(25) member or chief executive of the
Minnesota Sports Facilities Authority established in section 473J.07.;
(26) district court judge, appeals court
judge, or supreme court justice; or
(27) county commissioner.
Sec. 2. Minnesota Statutes 2012, section 10A.07, is amended to read:
10A.07
CONFLICTS OF INTEREST.
Subdivision 1. Disclosure of potential conflicts. A public official or a local official elected to or appointed by a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial interests or those of an associated business, unless the effect on the official is no greater than on other members of the official's business classification, profession, or occupation, must take the following actions:
(1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest;
(2) deliver copies of the statement to the official's immediate superior, if any; and
(3) if a member of the legislature or of the governing body of a metropolitan governmental unit, deliver a copy of the statement to the presiding officer of the body of service.
If a potential conflict of interest presents itself and there is insufficient time to comply with clauses (1) to (3), the public or local official must orally inform the superior or the official body of service or committee of the body of the potential conflict.
Subd. 2. Required actions. If the official is not a member of the legislature or of the governing body of a metropolitan governmental unit, the superior must assign the matter, if possible, to another employee who does not have a potential conflict of interest. If there is no immediate superior, the official must abstain, if possible, in a manner prescribed by the board from influence over the action or decision in question. If the official is a member of the legislature, the house of service may, at the member's request, excuse the member from taking part in the action or decision in question. If the official is not permitted or is otherwise unable to abstain from action in connection with the matter, the official must file a statement describing the potential conflict and the action taken. A public official must file the statement with the board and a local official must file the statement with the governing body of the official's political subdivision. The statement must be filed within a week of the action taken.
Subd. 3. Interest in contract; local officials. This section does not apply to a local official with respect to a matter governed by sections 471.87 and 471.88.
Subd. 4. Exception;
judges. Notwithstanding
subdivisions 1 and 2, a public official who is a district court judge, an appeals court judge, or a Supreme Court
justice is not required to comply with the provisions of this section.
Sec. 3. Minnesota Statutes 2012, section 10A.071, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.
(c) "Official" means a public
official, an employee of the legislature, a judge, or a local official
of a metropolitan governmental unit.
Sec. 4. Minnesota Statutes 2012, section 10A.08, is amended to read:
10A.08
REPRESENTATION DISCLOSURE.
Subdivision 1. Disclosure required. A public official who represents a client for a fee before an individual, board, commission, or agency that has rulemaking authority in a hearing conducted under chapter 14, must disclose the official's participation in the action to the board within 14 days after the appearance. If the public official fails to disclose the participation within ten business days after the disclosure required by this section was due, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the disclosure was due. The board must send notice by certified mail to a public official who fails to disclose the participation within ten business days after the disclosure was due that the public official may be subject to a civil penalty for failure to disclose the participation. A public official who fails to disclose the participation within seven days after the certified mail notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
Subd. 2. Exception;
judges. Notwithstanding
subdivision 1, a public official who is a district court judge, an appeals
court judge, or a Supreme Court justice is not required to comply with the
provisions of this section.
Sec. 5. Minnesota Statutes 2012, section 10A.09, subdivision 6a, is amended to read:
Subd. 6a. Local
officials Place of filing. A
public official required to file a statement under this section must file it
with the board. A local official
required to file a statement under this section must file it with the governing
body of the official's political subdivision.
The governing body must maintain statements filed with it under this
subdivision as public data. If an
official position is defined as both a public official and as a local official
of a metropolitan governmental unit under this chapter, the official must file
the statement with the board.
Sec. 6. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision to read:
Subd. 9. Waivers. Upon written request and for good
cause shown, the board may waive the requirement that an official disclose the
address of real property that constitutes a secondary residence of the
official.
Sec. 7. EFFECTIVE
DATE.
This article is effective January 1, 2014, and apply to public officials elected or appointed to terms of office commencing on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 661, A bill for
an act relating to campaign finance; providing for additional disclosure;
making various changes to campaign finance and public disclosure law; expanding
jurisdiction of Campaign Finance and Public Disclosure Board; expanding
definition of public official; amending Minnesota Statutes 2012, sections
10A.01, subdivisions 10, 11, 16, 27, 28, 35, by adding subdivisions; 10A.02,
subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3, 4; 10A.04,
subdivision 5; 10A.071, subdivision 3; 10A.105, subdivision 1; 10A.12,
subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision;
10A.15, subdivisions 1, 3; 10A.16; 10A.20, subdivisions 1, 2, 3, 4, 5, 6, 7,
12, by adding a subdivision; 10A.241; 10A.242, subdivision 1; 10A.25, subdivisions 2, 2a, 3, 3a; 10A.257,
subdivision 1; 10A.27, subdivisions 1, 2, 9, 10, 11, 13, 14, 15; 10A.273,
subdivisions 1, 4; 10A.30; 10A.31, subdivisions 1, 4, 7; 10A.315;
10A.321, subdivision 1; 10A.322, subdivision 4; 10A.323; 10A.324, subdivision
1; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242;
10A.25, subdivision 6.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 111 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Gruenhagen
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Radinovich
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Atkins
Barrett
Benson, M.
Cornish
Dean, M.
Drazkowski
Fabian
Green
Gunther
Hackbarth
Johnson, C.
Leidiger
Liebling
Lohmer
McDonald
Newberger
Peppin
Quam
Rosenthal
Scott
Swedzinski
Woodard
The bill was passed, as amended, and its
title agreed to.
S. F. No. 693 was reported
to the House.
Atkins moved to amend S. F. No. 693, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. [540.115]
ACTION CONTINUES WHERE CAUSE OF ACTION SURVIVES.
(a) An action does not abate by the
death or other disability of a party or by the transfer of any interest therein
if the cause of action survives or continues.
(b) Notwithstanding paragraph (a), an
action against a nursing home licensed under chapter 144A, a housing with
services establishment under chapter 144D, or a boarding care home licensed
under Minnesota Rules, chapters 4655 and 4660, does not abate by the death or
other disability of a party or by the transfer of any interest therein if the
action was pending at the time of the death or disability of the party.
EFFECTIVE
DATE. This section is
effective August 1, 2013, and applies to causes of action commenced on or after
that date.
Sec. 2. [540.116]
CAUSES OF ACTION SURVIVING DEATH OF PARTY; BROUGHT BY OR AGAINST LEGAL
REPRESENTATIVE.
(a) Any injury or noninjury cause of
action survives the death of a party to the action.
(b) The personal representatives of the
deceased may be substituted as plaintiff and prosecute the suit to final
judgment and satisfaction. A cause of
action for death by wrongful act or omission is governed by section 573.02. Nothing in this chapter or chapter 573 shall
be construed as precluding the personal representative trustee or successors in
interest of the deceased party from pursuing a wrongful death action for all
damages sustained before death pursuant to section 573.02 and other causes of
action arising from the same occurrence including general damages suffered by a
decedent before the decedent's death.
(c) Notwithstanding paragraph (a), an
injury or noninjury cause of action against a nursing home licensed under
chapter 144A, a housing with services establishment under chapter 144D, or a
boarding care home licensed under Minnesota Rules, chapters 4655 and 4660, does
not abate by the death of a party to the action if the action was pending at
the time of the death or disability of the party. Paragraph (b) applies to actions specified by
this paragraph.
EFFECTIVE
DATE. This section is
effective August 1, 2013, and applies to causes of action commenced on or after
that date.
Sec. 3. REPEALER.
Minnesota Statutes 2012, sections
573.01; and 573.02, subdivision 2, are repealed.
EFFECTIVE DATE. This section is effective August 1, 2013, and applies to causes of action commenced on or after that date."
Correct the title numbers accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 693,
A bill for an act relating to civil actions; providing for the survival or
continuation of an action after the death or disability of a party; proposing
coding for new law in Minnesota Statutes, chapter 540; repealing Minnesota
Statutes 2012, section 573.01.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 75 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The
bill was passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Friday, May 17,
2013 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 561; and
H. F. Nos. 1823, 1297, 270, 474, 183 and 1832.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Green was excused for the remainder of
today's session.
Davnie was excused between the hours of
8:00 p.m. and 8:35 p.m.
SUSPENSION
OF RULES
Murphy, E., moved that Joint Rule 2.06,
relating to Conference Committees, be suspended as it relates to
H. F. No. 729. The motion
prevailed.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 745.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 745
A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; extending for six years the sunset provision for the newborn screening advisory committee; providing for accreditation of forensic laboratories; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 4; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 299A.28.
May 9, 2013
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 745 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 745 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [13.356]
PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.
(a) The following data on an individual
collected, maintained, or received by a government entity for notification
purposes or as part of a subscription list for an entity's electronic periodic
publications as requested by the individual are private data on individuals:
(1) telephone number;
(2) e-mail address; and
(3) Internet user name, password,
Internet protocol address, and any other similar data related to the
individual's online account or access procedures.
(b)
Section 13.04, subdivision 2, does not apply to data classified under paragraph
(a). Paragraph (a) does not apply to
data submitted by an individual to the Campaign Finance Board to meet the legal
requirements imposed by chapter 10A, to data submitted for purposes of making a
public comment, or to data in a state agency's rulemaking e-mail list.
(c) Data provided under paragraph (a)
may only be used for the specific purpose for which the individual provided the
data.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to data collected,
maintained, or received before, on, or after that date.
Sec. 2. Minnesota Statutes 2012, section 13.37, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section, the following terms have the meanings given them.
(a)
"Security information" means government data the disclosure of which
the responsible authority determines would be likely to substantially
jeopardize the security of information, possessions, individuals or property
against theft, tampering, improper use, attempted escape, illegal disclosure,
trespass, or physical injury.
"Security information" includes crime prevention block maps
and lists of volunteers who participate in community crime prevention programs
and their home and mailing addresses and, telephone
numbers, e-mail or other digital addresses, Internet communication services
accounts information or similar accounts information, and global positioning
system locations.
(b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
(c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.
(d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, work telephone number, and location of the parking space.
Sec. 3. Minnesota Statutes 2012, section 13.386, subdivision 3, is amended to read:
Subd. 3. Collection, storage, use, and dissemination of genetic information. (a) Unless otherwise expressly provided by law, genetic information about an individual:
(1) may be collected by a government entity, as defined in section 13.02, subdivision 7a, or any other person only with the written informed consent of the individual;
(2) may be used only for purposes to which the individual has given written informed consent;
(3) may be stored only for a period of time to which the individual has given written informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described by clause (2). A consent to disseminate genetic information under item (i) must be signed and dated. Unless otherwise provided by law, such a consent is valid for one year or for a lesser period specified in the consent.
(b) Newborn screening activities
conducted under sections 144.125 to 144.128 are subject to paragraph (a). Other programs and activities governed under
section 144.192 are not subject to paragraph (a).
EFFECTIVE
DATE. This section is effective
July 1, 2013.
Sec. 4. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:
Subd. 2. Public data. (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity is public:
(1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;
(6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.
(b) For purposes of this subdivision, a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the government entity, or arbitrator. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. A disciplinary action does not become public data if an arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
(c) The government entity may display a photograph of a current or former employee to a prospective witness as part of the government entity's investigation of any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a government entity in connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. For purposes of this paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state agency heads;
(2) members
of boards or commissions required by law to be appointed by the governor or
other elective officers;
(3)
executive or administrative heads of departments, bureaus, divisions, or
institutions within state government; and
(4) the following employees:
(i) the chief administrative officer, or the individual acting in an equivalent position, in all political subdivisions;
(ii) individuals required to be identified by a political subdivision pursuant to section 471.701;
(iii) in a city with a population of more
than 7,500 or a county with a population of more than 5,000, individuals in
a management capacity reporting directly to the chief administrative officer or
the individual acting in an equivalent position: managers; chiefs; heads or directors of
departments, divisions, bureaus, or boards; and any equivalent position;
and
(iv) in a school district,: business managers,; human
resource directors, and; athletic directors whose duties include at
least 50 percent of their time spent in administration, personnel, supervision,
and evaluation; chief financial officers; directors; individuals defined as
superintendents, and principals, and directors under
Minnesota Rules, part 3512.0100; and in a charter school, individuals employed
in comparable positions.
(f) Data relating to a complaint or charge against an employee identified under paragraph (e), clause (4), are public only if:
(1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or
(2) potential legal claims arising out of
the conduct that is the subject of the complaint or charge are released as part
of a settlement agreement with another person.
This paragraph and paragraph (e) do not authorize the release of data that are made not public under other law.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2012, section 13.43, subdivision 14, is amended to read:
Subd. 14. Maltreatment data. (a) When a report of alleged maltreatment of a student in a school facility, as defined in section 626.556, subdivision 2, paragraph (f), is made to the commissioner of education under section 626.556, data that are relevant to a report of maltreatment and are collected by the school facility about the person alleged to have committed maltreatment must be provided to the commissioner of education upon request for purposes of an assessment or investigation of the maltreatment report. Data received by the commissioner of education pursuant to these assessments or investigations are classified under section 626.556.
(b) Personnel data may be released for
purposes of providing information to a parent, legal guardian, or custodian of
a child under section 626.556, subdivision 7.
Sec. 6. Minnesota Statutes 2012, section 13.4965, subdivision 3, is amended to read:
Subd. 3. Homestead
and other applications. The
classification and disclosure of certain information collected to determine eligibility
of property for a homestead or other classification or benefit
are governed by section sections 273.124, subdivision subdivisions
13, 13a, 13b, 13c, and 13d; 273.1245; and 273.1315.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 13.64, subdivision 2, is amended to read:
Subd. 2. Department of Administration. (a) Security features of building plans, building specifications, and building drawings of state-owned facilities and non-state-owned facilities leased by the state are classified as nonpublic data when maintained by the Department of Administration and may be shared with anyone as needed to perform duties of the commissioner.
(b) Data maintained by the Department
of Administration that identify an individual with a disability or a family
member of an individual with a disability related to services funded by the
federal Assistive Technology Act, United States Code, title 29, sections 3001
to 3007, for assistive technology device demonstrations, transition training,
loans, reuse, or alternative financing are private data on individuals.
Sec. 8. Minnesota Statutes 2012, section 13.72, subdivision 10, is amended to read:
Subd. 10. Transportation
service data. Personal, medical,
financial, familial, or locational information data pertaining to applicants
for or users of services providing transportation for the disabled or elderly,
with the exception of the name of the applicant or user of the service, are
private.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to read:
Subd. 19. Construction
manager/general contractor data. (a)
When the Department of Transportation undertakes a construction manager/general
contractor contract, as defined and authorized in sections 161.3207 to
161.3209, the provisions of this subdivision apply.
(b) When the commissioner of
transportation solicits a request for qualifications:
(1) the following data are classified
as protected nonpublic:
(i) the statement of qualifications
scoring evaluation manual; and
(ii) the statement of qualifications
evaluations;
(2) the statement of qualifications
submitted by a potential construction manager/general contractor is classified
as nonpublic data; and
(3)
identifying information concerning the members of the Technical Review
Committee is classified as private data.
(c) When the commissioner of
transportation announces the short list of qualified construction
managers/general contractors, the following data become public:
(1) the statement of qualifications
scoring evaluation manual; and
(2) the statement of
qualifications evaluations.
(d) When the commissioner of
transportation solicits a request for proposals:
(1) the proposal scoring manual is
classified as protected nonpublic data; and
(2) the following data are classified
as nonpublic data:
(i) the proposals submitted by a
potential construction manager/general contractor; and
(ii) the proposal evaluations.
(e) When the commissioner of
transportation has completed the ranking of proposals and announces the selected
construction manager/general contractor, the proposal evaluation score or rank
and proposal evaluations become public data.
(f) When the commissioner of
transportation conducts contract negotiations with a construction
manager/general contractor, government data created, collected, stored, and
maintained during those negotiations are nonpublic data until a construction
manager/general contractor contract is fully executed.
(g) When the construction
manager/general contractor contract is fully executed or when the commissioner
of transportation decides to use another contract procurement process, other
than the construction manager/general contractor authority, authorized under
section 161.3209, subdivision 3, paragraph (b), all remaining data not already
made public under this subdivision become public.
(h) If the commissioner of
transportation rejects all responses to a request for proposals before a
construction manager/general contractor contract is fully executed, all data,
other than that data made public under this subdivision, retains its
classification until a resolicitation of the request for proposals results in a
fully executed construction manager/general contractor contract or a
determination is made to abandon the project.
If a resolicitation of proposals does not occur within one year of the
announcement of the request for proposals, the remaining data become public.
Sec. 10. Minnesota Statutes 2012, section 13.72, is amended by adding a subdivision to read:
Subd. 20. Transit
customer data. (a) Data on
applicants, users, and customers of public transit collected by or through the
Metropolitan Council's personalized Web services or the regional fare
collection system are private data on individuals. As used in this subdivision, the following
terms have the meanings given them:
(1) "regional fare collection
system" means the fare collection system created and administered by the
council that is used for collecting fares or providing fare cards or passes for
transit services which includes:
(i) regular route bus service within
the metropolitan area and paratransit service, whether provided by the council
or by other providers of regional transit service;
(ii) light rail transit service within
the metropolitan area;
(iii) rideshare programs administered
by the council;
(iv) special transportation services
provided under section 473.386; and
(v) commuter rail service;
(2) "personalized Web
services" means services for which transit service applicants, users, and
customers must establish a user account; and
(3) "metropolitan area" means
the area defined in section 473.121, subdivision 2.
(b) The council may disseminate data on
user and customer transaction history and fare card use to government entities,
organizations, school districts, educational institutions, and employers that
subsidize or provide fare cards to their clients, students, or employees. "Data on user and customer transaction
history and fare card use" means:
(1) the date a fare card was used;
(2) the time a fare card was used;
(3) the mode of travel;
(4) the type of fare product used; and
(5) information about the date, time,
and type of fare product purchased.
Government entities, organizations, school districts,
educational institutions, and employers may use customer transaction history
and fare card use data only for purposes of measuring and promoting fare card
use and evaluating the cost-effectiveness of their fare card programs. If a user or customer requests in writing
that the council limit the disclosure of transaction history and fare card use,
the council may disclose only the card balance and the date a card was last
used.
(c) The council may disseminate transit
service applicant, user, and customer data to another government entity to
prevent unlawful intrusion into government electronic systems, or as otherwise
provided by law.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. [144.192]
TREATMENT OF BIOLOGICAL SPECIMENS AND HEALTH DATA HELD BY THE DEPARTMENT OF
HEALTH AND HEALTH BOARDS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Biological specimen"
means tissue, fluids, excretions, or secretions that contain human DNA
originating from an identifiable individual, either living or deceased. Biological specimen does not include
infectious agents or chemicals that are isolated from a specimen. Nothing in this section or section 13.386 is
intended to limit the commissioner's ability to collect, use, store, or
disseminate such isolated infectious agents or chemicals.
(c) "Health data" has the
meaning given in section 13.3805, subdivision 1, paragraph (a), clause (2).
(d) "Health oversight" means
oversight of the health care system for activities authorized by law, limited
to the following:
(1) audits;
(2) civil, administrative, or criminal
investigations;
(3) inspections;
(4) licensure or disciplinary
actions;
(5) civil, administrative, or criminal
proceedings or actions; and
(6) other activities necessary for
appropriate oversight of the health care system and persons subject to such
governmental regulatory programs for which biological specimens or health data
are necessary for determining compliance with program standards.
(e) "Individual" has the
meaning given in section 13.02, subdivision 8.
In addition, for a deceased individual, individual also means the
representative of the decedent.
(f) "Person" has the meaning
given in section 13.02, subdivision 10.
(g) "Program operations"
means actions, testing, and procedures directly related to the operation of
department programs, limited to the following:
(1) diagnostic and confirmatory
testing;
(2) laboratory quality control
assurance and improvement;
(3) calibration of equipment;
(4) evaluation and improvement of test
accuracy;
(5) method development and validation;
(6) compliance with regulatory
requirements; and
(7) continuity of operations to ensure
that testing continues in the event of an emergency.
(h) "Public health practice"
means actions related to disease, conditions, injuries, risk factors, or
exposures taken to protect public health, limited to the following:
(1) monitoring the health status of a
population;
(2) investigating occurrences and
outbreaks;
(3) comparing patterns and trends;
(4) implementing prevention and control
measures;
(5) conducting program evaluations and
making program improvements;
(6) making recommendations concerning
health for a population;
(7) preventing or controlling known or
suspected diseases and injuries; and
(8) conducting other activities
necessary to protect or improve the health of individuals and populations for
which biological specimens or health data are necessary.
(i) "Representative of the
decedent" has the meaning given in section 13.10, subdivision 1, paragraph
(c).
(j) "Research" means
activities that are not program operations, public health practice, or health
oversight and is otherwise defined in Code of Federal Regulations, title 45,
part 46, subpart A, section 46.102(d).
Subd. 2. Collection,
use, storage, and dissemination. (a)
The commissioner may collect, use, store, and disseminate biological specimens
and health data, genetic or other, as provided in this section and as
authorized under any other provision of applicable law, including any rules
adopted on or before June 30, 2013. Any
rules adopted after June 30, 2013, must be consistent with the requirements of
this section.
(b) The provisions in this section
supplement other provisions of law and do not supersede or repeal other
provisions of law applying to the collection, use, storage, or dissemination of
biological specimens or health data.
(c) For purposes of this section,
genetic information is limited to biological specimens and health data.
Subd. 3. Biological
specimens and health data for program operations, public health practice, and
health oversight. (a) The
commissioner may collect, use, store, and disseminate biological specimens and
health data to conduct program operations activities, public health practice
activities, and health oversight activities.
Unless required under other applicable law, consent of an individual is
not required under this subdivision.
(b) With the approval of the
commissioner, biological specimens may be disseminated to establish a
diagnosis, to provide treatment, to identify persons at risk of illness, or to
conduct an epidemiologic investigation to control or prevent the spread of
serious disease, or to diminish an imminent threat to the public health.
(c) For purposes of Clinical Laboratory
Improvement Amendments proficiency testing, the commissioner may disseminate
de-identified biological specimens to state public health laboratories that
agree, pursuant to contract, not to attempt to re-identify the biological
specimens.
(d) Health data may be disseminated as
provided in section 13.3805, subdivision 1, paragraph (b).
Subd. 4. Research. The commissioner may collect, use,
store, and disseminate biological specimens and health data to conduct research
in a manner that is consistent with the federal common rule for the protection
of human subjects in Code of Federal Regulations, title 45, part 46.
Subd. 5. Storage of biological specimens and
health data according to storage schedules.
(a) The commissioner shall store health data
according to section 138.17.
(b)
The commissioner shall store biological specimens according to a specimen
storage schedule. The commissioner
shall develop the storage schedule by July 1, 2013, and post it on the department's
Web site.
Subd. 6. Secure
storage of biological specimens. The
commissioner shall establish appropriate security safeguards for the storage of
biological specimens, with regard for the privacy of the individuals from whom
the biological specimens originated, and store the biological specimens
accordingly. When a biological specimen
is disposed of, it must be destroyed in a way that prevents determining the
identity of the individual from whom it originated.
Subd. 7. Applicability to health boards. The provisions of subdivisions 2; 3,
paragraphs (a), (c), and (d); and 4 to 6 pertaining to the commissioner also
apply to boards of health and community health boards organized under chapter 145A.
These boards may also disseminate health data pursuant to section
13.3805, subdivision 1, paragraph (b), clause (2).
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 12. [144.193]
INVENTORY OF BIOLOGICAL AND HEALTH DATA.
By February 1, 2014, and annually after
that date, the commissioner shall prepare an inventory of biological specimens,
registries, and health data and databases collected or maintained by the
commissioner. In addition to the
inventory, the commissioner shall provide the schedules for storage of health
data and biological specimens. The
inventories must be listed in reverse chronological order beginning with the
year 2012. The commissioner shall make
the inventory and schedules available on the department's Web site and submit
the inventory and schedules to the chairs and ranking minority members of the
committees of the legislature with jurisdiction over health policy and data
practices issues.
Sec. 13. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:
Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The commissioner of health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist the Department of Health and the Department of Education in:
(1) developing protocols and timelines for screening, rescreening, and diagnostic audiological assessment and early medical, audiological, and educational intervention services for children who are deaf or hard-of-hearing;
(2) designing protocols for tracking children from birth through age three that may have passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;
(3) designing a technical assistance program to support facilities implementing the screening program and facilities conducting rescreening and diagnostic audiological assessment;
(4) designing implementation and evaluation of a system of follow-up and tracking; and
(5) evaluating program outcomes to increase effectiveness and efficiency and ensure culturally appropriate services for children with a confirmed hearing loss and their families.
(b) The commissioner of health shall appoint at least one member from each of the following groups with no less than two of the members being deaf or hard-of-hearing:
(1) a representative from a consumer organization representing culturally deaf persons;
(2) a parent with a child with hearing loss representing a parent organization;
(3) a consumer from an organization representing oral communication options;
(4) a consumer from an organization representing cued speech communication options;
(5) an audiologist who has experience in evaluation and intervention of infants and young children;
(6) a
speech-language pathologist who has experience in evaluation and intervention
of infants and young children;
(7) two primary care providers who have experience in the care of infants and young children, one of which shall be a pediatrician;
(8) a representative from the early hearing detection intervention teams;
(9) a representative from the Department of Education resource center for the deaf and hard-of-hearing or the representative's designee;
(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans;
(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing Services Division;
(12) one or more of the Part C coordinators from the Department of Education, the Department of Health, or the Department of Human Services or the department's designees;
(13) the Department of Health early hearing detection and intervention coordinators;
(14) two birth hospital representatives from one rural and one urban hospital;
(15) a pediatric geneticist;
(16) an otolaryngologist;
(17) a representative from the Newborn Screening Advisory Committee under this subdivision; and
(18) a representative of the Department of Education regional low-incidence facilitators.
The commissioner must complete the appointments required under this subdivision by September 1, 2007.
(c) The Department of Health member shall chair the first meeting of the committee. At the first meeting, the committee shall elect a chair from its membership. The committee shall meet at the call of the chair, at least four times a year. The committee shall adopt written bylaws to govern its activities. The Department of Health shall provide technical and administrative support services as required by the committee. These services shall include technical support from individuals qualified to administer infant hearing screening, rescreening, and diagnostic audiological assessments.
Members of the committee shall receive no compensation for their service, but shall be reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as members of the committee.
(d) By February 15, 2015, and by
February 15 of the odd-numbered years after that date, the commissioner shall
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and data privacy on the activities of the
committee that have occurred during the past two years.
(d) (e) This subdivision
expires June 30, 2013 2019.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 14. Minnesota Statutes 2012, section 144.966, subdivision 3, is amended to read:
Subd. 3. Early hearing detection and intervention programs. All hospitals shall establish an early hearing detection and intervention (EHDI) program. Each EHDI program shall:
(1) in advance of any hearing screening testing, provide to the newborn's or infant's parents or parent information concerning the nature of the screening procedure, applicable costs of the screening procedure, the potential risks and effects of hearing loss, and the benefits of early detection and intervention;
(2) comply with parental consent
election as described under section 144.125, subdivision 3 4;
(3) develop policies and procedures for screening and rescreening based on Department of Health recommendations;
(4) provide appropriate training and monitoring of individuals responsible for performing hearing screening tests as recommended by the Department of Health;
(5) test the newborn's hearing prior to discharge, or, if the newborn is expected to remain in the hospital for a prolonged period, testing shall be performed prior to three months of age or when medically feasible;
(6) develop and implement procedures for documenting the results of all hearing screening tests;
(7) inform the newborn's or infant's parents or parent, primary care physician, and the Department of Health according to recommendations of the Department of Health of the results of the hearing screening test or rescreening if conducted, or if the newborn or infant was not successfully tested. The hospital that discharges the newborn or infant to home is responsible for the screening; and
(8) collect performance data specified by the Department of Health.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 15. Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read:
Subd. 4. Notification and information; data retention and destruction. (a) Notification to the parents or parent, primary care provider, and the Department of Health shall occur prior to discharge or no later than ten days following the date of testing. Notification shall include information recommended by the Department of Health and information regarding the right of the parent or legal guardian to discontinue storage of the test results and require destruction under paragraph (d).
(b) A physician, nurse, midwife, or other health professional attending a birth outside a hospital or institution shall provide information, orally and in writing, as established by the Department of Health, to parents regarding places where the parents may have their infant's hearing screened and the importance of the screening.
(c) The professional conducting the diagnostic procedure to confirm the hearing loss must report the results to the parents, primary care provider, and Department of Health according to the Department of Health recommendations.
(d) The Department of Health may store
hearing screening and rescreening test results for a period of time not to
exceed 18 years from the infant's date of birth.
(e) Notwithstanding paragraph (d), a
parent or legal guardian may instruct the Department of Health to discontinue
storing hearing screening and rescreening test results by providing a signed
and dated form requesting destruction of the test results. The Department of Health shall make necessary
forms available on the department's Web site.
If a parent or legal guardian instructs the Department of Health to
discontinue storing hearing screening and rescreening test results, the
Department of Health shall destroy the test results within one month of receipt
of the instruction or within 25 months after it received the last test result,
whichever is later.
Sec. 16. Minnesota Statutes 2012, section 144.966, is amended by adding a subdivision to read:
Subd. 8. Construction. Notwithstanding anything to the
contrary, nothing in this section shall be construed as constituting newborn
screening activities conducted under sections 144.125 to 144.128. Data collected by or submitted to the
Department of Health pursuant to this section is not genetic information for
purposes of section 13.386.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 17. Minnesota Statutes 2012, section 171.07, subdivision 1a, is amended to read:
Subd. 1a. Filing photograph or image; data classification. The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses or Minnesota identification cards. The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects. The use of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons, investigation and preparation of cases for criminal, juvenile, and traffic court, and supervision of offenders;
(3) to public defenders, as defined in
section 611.272, for the investigation and preparation of cases for criminal,
juvenile, and traffic courts; and
(4) to child support enforcement purposes
under section 256.978; and
(5) to a county medical examiner or coroner as required by section 390.005 as necessary to fulfill the duties under sections 390.11 and 390.25.
Sec. 18. Minnesota Statutes 2012, section 241.065, subdivision 4, is amended to read:
Subd. 4. Procedures. (a) The Department of Corrections shall adopt procedures to provide for the orderly collection, entry, retrieval, and deletion of data contained in the statewide supervision system.
(b) The Department of Corrections shall
establish and implement audit requirements to ensure that authorized users
comply with applicable data practices laws governing access to and use of the
data.
Sec. 19. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;
(4) the
public authority responsible for child support in Minnesota or any other state
in accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;
(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Division of Insurance Fraud Prevention in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;
(9) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps or food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(10) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;
(11) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;
(12) the
United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or
specific employer is the subject of an investigation by that agency;
(13) the Department of Health for the purposes of epidemiologic investigations;
(14) the Department of Corrections for the
purpose of case planning for preprobation and postprobation employment
tracking of offenders sentenced to probation and preconfinement and
postconfinement employment tracking of committed offenders for the purpose
of case planning; and
(15) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201.
(b) Data
on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to
data on individuals and protected nonpublic data not on individuals as defined
in section 13.02, subdivisions 3 and 13, and must not be disclosed except under
statute or district court order or to a party named in a criminal proceeding,
administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.
Sec. 20. Minnesota Statutes 2012, section 273.124, subdivision 13, is amended to read:
Subd. 13. Homestead application. (a) A person who meets the homestead requirements under subdivision 1 must file a homestead application with the county assessor to initially obtain homestead classification.
(b) The format and contents of a uniform homestead application shall be prescribed by the commissioner of revenue. The application must clearly inform the taxpayer that this application must be signed by all owners who occupy the property or by the qualifying relative and returned to the county assessor in order for the property to receive homestead treatment.
(c) Every property owner applying for homestead classification must furnish to the county assessor the Social Security number of each occupant who is listed as an owner of the property on the deed of record, the name and address of each owner who does not occupy the property, and the name and Social Security number of each owner's spouse who occupies the property. The application must be signed by each owner who occupies the property and by each owner's spouse who occupies the property, or, in the case of property that qualifies as a homestead under subdivision 1, paragraph (c), by the qualifying relative.
If a property owner occupies a homestead, the property owner's spouse may not claim another property as a homestead unless the property owner and the property owner's spouse file with the assessor an affidavit or other proof required by the assessor stating that the property qualifies as a homestead under subdivision 1, paragraph (e).
Owners or spouses occupying residences owned by their spouses and previously occupied with the other spouse, either of whom fail to include the other spouse's name and Social Security number on the homestead application or provide the affidavits or other proof requested, will be deemed to have elected to receive only partial homestead treatment of their residence. The remainder of the residence will be classified as nonhomestead residential. When an owner or spouse's name and Social Security number appear on homestead applications for two separate residences and only one application is signed, the owner or spouse will be deemed to have elected to homestead the residence for which the application was signed.
The Social Security numbers, state or
federal tax returns or tax return information, including the federal income tax
schedule F required by this section, or affidavits or other proofs of the
property owners and spouses submitted under this or another section to support
a claim for a property tax homestead classification are private data on
individuals as defined by section 13.02, subdivision 12, but, notwithstanding
that section, the private data may be disclosed to the commissioner of revenue,
or, for purposes of proceeding under the Revenue Recapture Act to recover
personal property taxes owing, to the county treasurer.
(d) If residential real estate is occupied and used for purposes of a homestead by a relative of the owner and qualifies for a homestead under subdivision 1, paragraph (c), in order for the property to receive homestead status, a homestead application must be filed with the assessor. The Social Security number of each relative and spouse of a relative occupying the property shall be required on the homestead application filed under this subdivision. If a different relative of the owner subsequently occupies the property, the owner of the property must notify the assessor within 30 days of the change in occupancy. The Social Security number of a relative or relative's spouse occupying the property is private data on individuals as defined by section 13.02, subdivision 12, but may be disclosed to the commissioner of revenue, or, for the purposes of proceeding under the Revenue Recapture Act to recover personal property taxes owing, to the county treasurer.
(e) The homestead application shall also
notify the property owners that the application filed under this section
will not be mailed annually and that if the property is granted homestead
status for any assessment year, that same property shall remain classified as
homestead until the property is sold or transferred to another person, or the
owners, the spouse of the owner, or the relatives no longer use the property as
their homestead. Upon the sale or
transfer of the homestead property, a certificate of value must be timely filed
with the county auditor as provided
under section 272.115. Failure to notify the assessor within 30 days that the property has been sold, transferred, or that the owner, the spouse of the owner, or the relative is no longer occupying the property as a homestead, shall result in the penalty provided under this subdivision and the property will lose its current homestead status.
(f) If the homestead application is not
returned within 30 days, the county will send a second application to the
present owners of record. The notice of
proposed property taxes prepared under section 275.065, subdivision 3, shall reflect the property's classification. If a
homestead application has not been filed with the county by December 15,
the assessor shall classify the property as nonhomestead for the current
assessment year for taxes payable in the following year, provided that the
owner may be entitled to receive the homestead classification by proper
application under section 375.192.
Subd. 13a. Occupant
list. (g) At the request
of the commissioner, each county must give the commissioner a list that
includes the name and Social Security number of each occupant of homestead
property who is the property owner, property owner's spouse, qualifying
relative of a property owner, or a spouse of a qualifying relative. The commissioner shall use the information
provided on the lists as appropriate under the law, including for the detection
of improper claims by owners, or relatives of owners, under chapter 290A.
Subd. 13b. Improper
homestead. (h) (a)
If the commissioner finds that a property owner may be claiming a fraudulent
homestead, the commissioner shall notify the appropriate counties. Within 90 days of the notification, the
county assessor shall investigate to determine if the homestead classification
was properly claimed. If the property
owner does not qualify, the county assessor shall notify the county auditor who
will determine the amount of homestead benefits that had been improperly
allowed. For the purpose of this section
subdivision, "homestead benefits" means the tax reduction
resulting from the classification as a homestead under section 273.13, the
taconite homestead credit under section 273.135, the residential homestead and
agricultural homestead credits under section 273.1384, and the supplemental
homestead credit under section 273.1391.
The county auditor shall send a notice to the person who owned the affected property at the time the homestead application related to the improper homestead was filed, demanding reimbursement of the homestead benefits plus a penalty equal to 100 percent of the homestead benefits. The person notified may appeal the county's determination by serving copies of a petition for review with county officials as provided in section 278.01 and filing proof of service as provided in section 278.01 with the Minnesota Tax Court within 60 days of the date of the notice from the county. Procedurally, the appeal is governed by the provisions in chapter 271 which apply to the appeal of a property tax assessment or levy, but without requiring any prepayment of the amount in controversy. If the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal has been filed, the county auditor shall certify the amount of taxes and penalty to the county treasurer. The county treasurer will add interest to the unpaid homestead benefits and penalty amounts at the rate provided in section 279.03 for real property taxes becoming delinquent in the calendar year during which the amount remains unpaid. Interest may be assessed for the period beginning 60 days after demand for payment was made.
If the
person notified is the current owner of the property, the treasurer may add the
total amount of homestead benefits, penalty, interest, and costs to the ad
valorem taxes otherwise payable on the property by including the amounts on the
property tax statements under section 276.04, subdivision 3. The amounts added under this paragraph to the
ad valorem taxes shall include interest accrued through December 31 of the year
preceding the taxes payable year for which the amounts are first added. These amounts, when added to the property tax
statement, become subject to all the laws for the enforcement of real or
personal property taxes for that year, and for any subsequent year.
If the person notified is not the current owner of the property, the treasurer may collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment of the homestead benefits, penalty, interest, and costs, as if those amounts were delinquent tax obligations of the person who owned the property at the time the application related to the improperly allowed homestead was filed. The treasurer may relieve a prior owner of personal liability for the homestead
benefits, penalty, interest, and costs, and instead extend those amounts on the tax lists against the property as provided in this paragraph to the extent that the current owner agrees in writing. On all demands, billings, property tax statements, and related correspondence, the county must list and state separately the amounts of homestead benefits, penalty, interest and costs being demanded, billed or assessed.
(i) (b) Any amount of
homestead benefits recovered by the county from the property owner shall be
distributed to the county, city or town, and school district where the property
is located in the same proportion that each taxing district's levy was to the
total of the three taxing districts' levy for the current year. Any amount recovered attributable to taconite
homestead credit shall be transmitted to the St. Louis County auditor to
be deposited in the taconite property tax relief account. Any amount recovered that is attributable to
supplemental homestead credit is to be transmitted to the commissioner of
revenue for deposit in the general fund of the state treasury. The total amount of penalty collected must be
deposited in the county general fund.
(j) (c) If a property owner
has applied for more than one homestead and the county assessors cannot
determine which property should be classified as homestead, the county
assessors will refer the information to the commissioner. The commissioner shall make the determination
and notify the counties within 60 days.
Subd. 13c. Property
lists. (k) In addition to
lists of homestead properties, the commissioner may ask the counties to furnish
lists of all properties and the record owners.
The Social Security numbers and federal identification numbers that are
maintained by a county or city assessor for property tax administration
purposes, and that may appear on the lists retain their classification as
private or nonpublic data; but may be viewed, accessed, and used by the county
auditor or treasurer of the same county for the limited purpose of assisting
the commissioner in the preparation of microdata samples under section 270C.12. The commissioner shall use the information
provided on the lists as appropriate under the law, including for the detection
of improper claims by owners, or relatives of owners, under chapter 290A.
Subd. 13d. Homestead
data. (l) On or before
April 30 each year beginning in 2007, each county must provide the commissioner
with the following data for each parcel of homestead property by electronic
means as defined in section 289A.02, subdivision 8:
(i) (1) the property
identification number assigned to the parcel for purposes of taxes payable in
the current year;
(ii) (2) the name and Social
Security number of each occupant of homestead property who is the property
owner, property owner's spouse, qualifying relative of a property owner, or
spouse of a qualifying relative;
(iii) (3) the classification of the property
under section 273.13 for taxes payable in the current year and in the prior
year;
(iv) (4) an indication of
whether the property was classified as a homestead for taxes payable in the
current year because of occupancy by a relative of the owner or by a spouse of
a relative;
(v) (5) the property taxes payable as defined
in section 290A.03, subdivision 13, for the current year and the prior year;
(vi) (6) the market value of
improvements to the property first assessed for tax purposes for taxes payable
in the current year;
(vii) (7) the assessor's
estimated market value assigned to the property for taxes payable in the
current year and the prior year;
(viii) (8) the taxable market value assigned to
the property for taxes payable in the current year and the prior year;
(ix) (9) whether there are
delinquent property taxes owing on the homestead;
(x) (10) the unique taxing district in which the property is located; and
(xi) (11) such other
information as the commissioner decides is necessary.
The commissioner shall use the information provided on the lists as appropriate under the law, including for the detection of improper claims by owners, or relatives of owners, under chapter 290A.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 21. [273.1245]
CLASSIFICATION OF DATA.
Subdivision 1. Private
or nonpublic data. The
following data are private or nonpublic data as defined in section 13.02,
subdivisions 9 and 12, when they are submitted to a county or local assessor
under section 273.124, 273.13, or another section, to support a claim for the
property tax homestead classification under section 273.13, or other property
tax classification or benefit:
(1) Social Security numbers;
(2) copies of state or federal income
tax returns; and
(3) state or federal income tax return
information, including the federal income tax schedule F.
Subd. 2. Disclosure. The assessor shall disclose the data
described in subdivision 1 to the commissioner of revenue as provided by law. The assessor shall also disclose all or
portions of the data described in subdivision 1 to the county treasurer solely
for the purpose of proceeding under the Revenue Recapture Act to recover
personal property taxes owing.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota Statutes 2012, section 273.1315, subdivision 1, is amended to read:
Subdivision 1. Class 1b homestead declaration before 2009. Any property owner seeking classification and assessment of the owner's homestead as class 1b property pursuant to section 273.13, subdivision 22, paragraph (b), on or before October 1, 2008, shall file with the commissioner of revenue a 1b homestead declaration, on a form prescribed by the commissioner. The declaration shall contain the following information:
(a) (1) the information
necessary to verify that on or before June 30 of the filing year, the property
owner or the owner's spouse satisfies the requirements of section 273.13,
subdivision 22, paragraph (b), for 1b classification; and
(b) (2) any additional
information prescribed by the commissioner.
The declaration must be filed on or before
October 1 to be effective for property taxes payable during the succeeding
calendar year. The declaration and any
supplementary information received from the property owner pursuant to this
subdivision shall be subject to chapter 270B.
If approved by the commissioner, the declaration remains in effect until
the property no longer qualifies under section 273.13, subdivision 22,
paragraph (b). Failure to notify the
commissioner within 30 days that the property no longer qualifies under that
paragraph because of a sale, change in occupancy, or change in the status or condition
of an occupant shall result in the penalty provided in section 273.124,
subdivision 13 13b, computed on the basis of the class 1b
benefits for the property, and the property shall lose its current class 1b
classification.
The commissioner shall provide to the assessor on or before November 1 a listing of the parcels of property qualifying for 1b classification.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota Statutes 2012, section 273.1315, subdivision 2, is amended to read:
Subd. 2. Class 1b homestead declaration 2009 and thereafter. (a) Any property owner seeking classification and assessment of the owner's homestead as class 1b property pursuant to section 273.13, subdivision 22, paragraph (b), after October 1, 2008, shall file with the county assessor a class 1b homestead declaration, on a form prescribed by the commissioner of revenue. The declaration must contain the following information:
(1) the information necessary to verify that, on or before June 30 of the filing year, the property owner or the owner's spouse satisfies the requirements of section 273.13, subdivision 22, paragraph (b), for class 1b classification; and
(2) any additional information prescribed by the commissioner.
(b) The declaration must be filed on or
before October 1 to be effective for property taxes payable during the
succeeding calendar year. The Social
Security numbers and income and medical information received from the property
owner pursuant to this subdivision are private data on individuals as defined
in section 13.02. If approved by the
assessor, the declaration remains in effect until the property no longer
qualifies under section 273.13, subdivision 22, paragraph (b). Failure to notify the assessor within 30 days
that the property no longer qualifies under that paragraph because of a sale,
change in occupancy, or change in the status or condition of an occupant shall
result in the penalty provided in section 273.124, subdivision 13 13b,
computed on the basis of the class 1b benefits for the property, and the
property shall lose its current class 1b classification.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota Statutes 2012, section 290A.25, is amended to read:
290A.25
VERIFICATION OF SOCIAL SECURITY NUMBERS.
Annually, the commissioner of revenue shall furnish a list to the county assessor containing the names and Social Security numbers of persons who have applied for both homestead classification under section 273.13 and a property tax refund as a renter under this chapter.
Within 90 days of the notification, the
county assessor shall investigate to determine if the homestead classification
was improperly claimed. If the property
owner does not qualify, the county assessor shall notify the county auditor who
will determine the amount of homestead benefits that has been improperly
allowed. For the purpose of this section, "homestead benefits" has the meaning
given in section 273.124, subdivision 13, paragraph (h) 13b. The county auditor shall send a notice to
persons who owned the affected property at the time the homestead application
related to the improper homestead was filed, demanding reimbursement of the
homestead benefits plus a penalty equal to 100 percent of the homestead
benefits. The person notified may appeal
the county's determination with the Minnesota Tax Court within 60 days of the
date of the notice from the county as provided in section 273.124, subdivision 13,
paragraph (h) 13b.
If the amount of homestead benefits and penalty is not paid within 60 days, and if no appeal has been filed, the county auditor shall certify the amount of taxes and penalty to the county treasurer. The county treasurer will add interest to the unpaid homestead benefits and penalty amounts at the rate provided for delinquent personal property taxes for the period beginning 60 days after demand for payment was made until payment. If the person notified is
the current owner of the property, the treasurer may add the total amount of benefits, penalty, interest, and costs to the real estate taxes otherwise payable on the property in the following year. If the person notified is not the current owner of the property, the treasurer may collect the amounts due under the Revenue Recapture Act in chapter 270A, or use any of the powers granted in sections 277.20 and 277.21 without exclusion, to enforce payment of the benefits, penalty, interest, and costs, as if those amounts were delinquent tax obligations of the person who owned the property at the time the application related to the improperly allowed homestead was filed. The treasurer may relieve a prior owner of personal liability for the benefits, penalty, interest, and costs, and instead extend those amounts on the tax lists against the property for taxes payable in the following year to the extent that the current owner agrees in writing.
Any amount of homestead benefits recovered by the county from the property owner shall be distributed to the county, city or town, and school district where the property is located in the same proportion that each taxing district's levy was to the total of the three taxing districts' levy for the current year. Any amount recovered attributable to taconite homestead credit shall be transmitted to the St. Louis County auditor to be deposited in the taconite property tax relief account. Any amount recovered that is attributable to supplemental homestead credit is to be transmitted to the commissioner of revenue for deposit in the general fund of the state treasury. The total amount of penalty collected must be deposited in the county general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of police shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data as may be requested or required by the superintendent of the bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this identification data to the bureau for individuals found to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding their arrest. When the bureau learns that an individual who is the subject of a background check has used, or is using, identifying information, including, but not limited to, name and date of birth, other than those listed on the criminal history, the bureau may add the new identifying information to the criminal history when supported by fingerprints.
(b) No petition under chapter 609A is required if the person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall,
upon demand, return to destroy the arrested person person's
finger and thumb prints, photographs, distinctive physical mark identification
data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them if the arrested person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination.
Sec. 26. Minnesota Statutes 2012, section 299C.46, subdivision 1, is amended to read:
Subdivision 1. Establishment;
interconnection. The
commissioner of public safety shall establish a criminal justice data
communications network which that will enable the
interconnection of the criminal justice agencies within the state provide
secure access to systems and services available from or through the Bureau of
Criminal Apprehension. The
commissioner of public safety is authorized to lease or purchase facilities and
equipment as may be necessary to establish and maintain the data communications
network.
Sec. 27. Minnesota Statutes 2012, section 299C.46, subdivision 2, is amended to read:
Subd. 2. Criminal
justice agency defined. For the
purposes of sections 299C.46 to 299C.49, "criminal justice agency"
means an agency of the state or an agency of a political subdivision or
the federal government charged with detection, enforcement, prosecution,
adjudication or incarceration in respect to the criminal or traffic laws of
this state. This definition also
includes all sites identified and licensed as a detention facility by the
commissioner of corrections under section 241.021 and those federal agencies
that serve part or all of the state from an office located outside the state.
Sec. 28. Minnesota Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
Subd. 2a. Noncriminal
justice agency defined. For the
purposes of sections 299C.46 to 299C.49, "noncriminal justice agency"
means an agency of a the state or an agency of a political
subdivision of a the state charged with the responsibility of
performing checks of state databases connected to the criminal justice data
communications network.
Sec. 29. Minnesota Statutes 2012, section 299C.46, subdivision 3, is amended to read:
Subd. 3. Authorized
use, fee. (a) The criminal justice
data communications network shall be used exclusively by:
(1) criminal justice agencies in connection with the performance of duties required by law;
(2) agencies investigating federal security
clearances of individuals for assignment or retention in federal employment
with duties related to national security, as required by Public Law 99-169
United States Code, title 5, section 9101;
(3) other agencies to the extent necessary
to provide for protection of the public or property in an a declared
emergency or disaster situation;
(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct checks into state databases prior to disbursing licenses or providing benefits;
(5)
the public authority responsible for child support enforcement in connection
with the performance of its duties;
(6) the public defender, as provided in
section 611.272; and
(7) a county attorney or the attorney
general, as the county attorney's designee, for the purpose of determining
whether a petition for the civil commitment of a proposed patient as a sexual
psychopathic personality or as a sexually dangerous person should be filed, and
during the pendency of the commitment proceedings;
(8) an agency of the state or a
political subdivision whose access to systems or services provided from or
through the bureau is specifically authorized by federal law or regulation or
state statute; and
(9) a court for access to data as authorized by federal law or regulation or state statute and related to the disposition of a pending case.
(b) The
commissioner of public safety shall establish a monthly network access charge
to be paid by each participating criminal justice agency. The network access charge shall be a standard
fee established for each terminal, computer, or other equipment directly
addressable by the data communications network, as follows: January 1, 1984 to December 31, 1984, $40
connect fee per month; January 1, 1985 and thereafter, $50 connect fee per
month.
(c) The
commissioner of public safety is authorized to arrange for the connection of
the data communications network with the criminal justice information system of
the federal government, any adjacent state, or Canada country for
the secure exchange of information for any of the purposes authorized in
paragraph (a), clauses (1), (2), (3), (8) and (9).
(d) Prior to establishing a secure
connection, a criminal justice agency that is not part of the Minnesota
judicial branch must:
(1) agree to comply with all applicable
policies governing access to, submission of or use of the data and Minnesota
law governing the classification of the data;
(2) meet the bureau's security
requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and
national background checks on its employees and contractors as required by the
Federal Bureau of Investigation.
(e) Prior to establishing a secure
connection, a criminal justice agency that is part of the Minnesota judicial
branch must:
(1) agree to comply with all applicable
policies governing access to, submission of, or use of the data and Minnesota
law governing the classification of the data to the extent applicable and with
the Rules of Public Access to Records of the Judicial Branch promulgated by the
Minnesota Supreme Court;
(2) meet the bureau's security
requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and
national background checks on its employees and contractors as required by the
Federal Bureau of Investigation.
(f) Prior to establishing a secure
connection, a noncriminal justice agency must:
(1) agree to comply with all applicable
policies governing access to, submission of or use of the data and Minnesota
law governing the classification of the data;
(2) meet the bureau's security
requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and
national background checks on its employees and contractors.
(g) Those noncriminal justice
agencies that do not have a secure network connection yet receive data either
retrieved over the secure network by an authorized criminal justice agency or
as a result of a state or federal criminal history records check shall conduct
a background check as provided in paragraph (h) of those individuals who
receive and review the data to determine another individual's eligibility for
employment, housing, a license, or another legal right dependent on a
statutorily-mandated background check.
(h) The background check required by
paragraph (f) or (g) is accomplished by submitting a request to the
superintendent of the Bureau of Criminal Apprehension that includes a signed,
written consent for the Minnesota and national criminal history records check,
fingerprints, and the required fee. The
superintendent may exchange the fingerprints with the Federal Bureau of
Investigation for purposes of obtaining the individual's national criminal
history record information.
The superintendent shall return the results of the
national criminal history records check to the noncriminal justice agency to
determine if the individual is qualified to have access to state and federal
criminal history record information or the secure network. An individual is disqualified when the state
and federal criminal history record information show any of the disqualifiers
that the individual will apply to the records of others.
When the individual is to have access to the secure
network, the noncriminal justice agency shall review the criminal history of
each employee or contractor with the Criminal Justice Information Services
systems officer at the bureau, or the officer's designee, to determine if the
employee or contractor qualifies for access to the secure network. The Criminal Justice Information Services
systems officer or the designee shall make the access determination based on
Federal Bureau of Investigation policy and Bureau of Criminal Apprehension
policy.
Sec. 30. [299C.72]
MINNESOTA CRIMINAL HISTORY CHECKS.
Subdivision 1. Definitions. For purposes of this section the
following terms have the meaning given.
(a) "Applicant for
employment" means an individual who seeks either county or city employment
or has applied to serve as a volunteer in the county or city.
(b) "Applicant for licensure"
means the individual seeks a license issued by the county or city which is not
subject to a federal- or state-mandated background check.
(c) "Authorized law enforcement
agency" means the county sheriff for checks conducted for county purposes,
the police department for checks conducted for city purposes, or the county
sheriff for checks conducted for city purposes where there is no police
department.
(d) "Criminal history check"
means retrieval of criminal history data via the secure network described in
section 299C.46.
(e) "Criminal history data"
means adult convictions and adult open arrests less than one year old found in
the Minnesota computerized criminal history repository.
(f) "Informed consent" has
the meaning given in section 13.05, subdivision 4, paragraph (d).
Subd. 2. Criminal
history check authorized. (a)
The criminal history check authorized by this section shall not be used in
place of a statutorily-mandated or authorized background check.
(b) An authorized law enforcement
agency may conduct a criminal history check of an individual who is an
applicant for employment or applicant for licensure. Prior to conducting the criminal history
check, the authorized law enforcement agency must receive the informed consent
of the individual.
(c) The authorized law
enforcement agency shall not disseminate criminal history data and must
maintain it securely with the agency's office.
The authorized law enforcement agency can indicate whether the applicant
for employment or applicant for licensure has a criminal history that would
prevent hire, acceptance as a volunteer to a hiring authority, or would prevent
the issuance of a license to the department that issues the license.
Sec. 31. Minnesota Statutes 2012, section 299F.035, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Minnesota criminal history
data" has the meaning given in section 13.87 means adult
convictions and juvenile adjudications.
(c) "Criminal justice agency"
has the meaning given in section 299C.46, subdivision 2.
(d) "Fire department" has
the meaning given in section 299N.01, subdivision 2.
(e) (d) "Private
data" has the meaning given in section 13.02, subdivision 12.
Sec. 32. Minnesota Statutes 2012, section 299F.035, subdivision 2, is amended to read:
Subd. 2. Plan
for access to data. (a) The
superintendent of the Bureau of Criminal Apprehension, in consultation with the
state fire marshal, shall develop and implement a plan for fire departments to
have access to criminal history data A background check must be
conducted on all applicants for employment and may be conducted on current
employees at a fire department. The fire
chief must conduct a Minnesota criminal history record check. For applicants for employment who have lived
in Minnesota for less than five years, or on the request of the fire chief, a
national criminal history record check must also be conducted.
(b) The plan must include:
(1) security procedures to prevent
unauthorized use or disclosure of private data; and
(2) a procedure for the hiring or
employing authority in each fire department to fingerprint job applicants or
employees, submit requests to the Bureau of Criminal Apprehension, and obtain
state and federal criminal history data reports for a nominal fee.
(b) For a Minnesota criminal history
record check, the fire chief must either (i) submit the signed informed consent
of the applicant or employee and the required fee to the superintendent, or
(ii) submit the signed informed consent to the chief of police. The superintendent or chief must retrieve
Minnesota criminal history data and provide the data to the fire chief for
review.
(c) For a national criminal history
record check, the fire chief must submit the signed informed consent and
fingerprints of the applicant or employee, and the required fee, to the
superintendent. The superintendent may
exchange the fingerprints with the Federal Bureau of Investigation to obtain
the individual's national criminal history record information. The superintendent must return the results of
the national criminal history record check to the fire chief for the purpose of
determining if the applicant is qualified to be employed or if a current employee
is able to retain the employee's position.
Sec. 33. Minnesota Statutes 2012, section 299F.77, is amended to read:
299F.77
ISSUANCE TO CERTAIN PERSONS PROHIBITED.
Subdivision
1. Disqualifiers. The following persons shall not be
entitled to receive an explosives license or permit:
(1) a person under the age of 18 years;
(2) a person who has been convicted in this state or elsewhere of a crime of violence, as defined in section 299F.72, subdivision 1b, unless ten years have elapsed since the person's civil rights have been restored or the sentence has expired, whichever occurs first, and during that time the person has not been convicted of any other crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions that would have been crimes of violence if they had been committed in this state;
(3) a person who is or has ever been confined or committed in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person is no longer suffering from this disability;
(4) a person who has been convicted in Minnesota or elsewhere for the unlawful use, possession, or sale of a controlled substance other than conviction for possession of a small amount of marijuana, as defined in section 152.01, subdivision 16, or who is or has ever been hospitalized or committed for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person has not abused a controlled substance or marijuana during the previous two years; and
(5) a person who has been confined or committed to a treatment facility in Minnesota or elsewhere as chemically dependent, as defined in section 253B.02, unless the person has completed treatment.
Subd. 2. Background
check. (a) For licenses
issued by the commissioner under section 299F.73, the applicant for licensure
must provide the commissioner with all of the information required by Code of
Federal Regulations, title 28, section 25.7.
The commissioner shall forward the information to the superintendent of
the Bureau of Criminal Apprehension so that criminal records, histories and warrant
information on the applicant can be retrieved from the Minnesota Crime
Information System and the National Instant Criminal Background Check System,
as well as the civil commitment records maintained by the Department of Human
Services. The results must be returned
to the commissioner to determine if the individual applicant is qualified to
receive a license.
(b) For permits issued by a county
sheriff or chief of police under section 299F.75, the applicant for a permit
must provide the county sheriff or chief of police with all of the information
required by Code of Federal Regulations, title 28, section 25.7. The county sheriff or chief of police must
check, by means of electronic data transfer, criminal records, histories and
warrant information on each applicant through the Minnesota Crime Information
System and the National Instant Criminal Background Check System, as well as
the civil commitment records maintained by the Department of Human Services. The county sheriff or chief of police shall
use the results of the query to determine if the individual applicant is
qualified to receive a permit.
Sec. 34. Minnesota Statutes 2012, section 340A.301, subdivision 2, is amended to read:
Subd. 2. Persons eligible. (a) Licenses under this section may be issued only to a person who:
(1) is of good moral character and repute;
(2) is 21 years of age or older;
(3) has not had a license issued under this chapter revoked within five years of the date of license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; and
(4) has not been convicted
within five years of the date of license application of a felony, or of a
willful violation of a federal or state law, or local ordinance governing the
manufacture, sale, distribution, or possession for sale or distribution of
alcoholic beverages. The Alcohol and
Gambling Enforcement Division may require that fingerprints be taken and may
forward the fingerprints to the Federal Bureau of Investigation for purposes of
a criminal history check.
(b) In order to determine if an
individual has a felony or willful violation of federal or state law governing
the manufacture, sale, distribution, or possession for sale or distribution of
an alcoholic beverage, the applicant for a license to manufacture or sell at
wholesale must provide the commissioner with their signed, written informed
consent to conduct a background check. The
commissioner may query the Minnesota criminal history repository for records on
the applicant. If the commissioner
conducts a national criminal history record check, the commissioner must obtain
fingerprints from the applicant and forward them and the required fee to the
superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange the
fingerprints with the Federal Bureau of Investigation for purposes of obtaining
the applicant's national criminal history record information. The superintendent shall return the results
of the national criminal history records check to the commissioner for the
purpose of determining if the applicant is qualified to receive a license.
Sec. 35. Minnesota Statutes 2012, section 340A.402, is amended to read:
340A.402
PERSONS ELIGIBLE.
Subdivision 1. Disqualifiers. No retail license may be issued to:
(1) a person under 21 years of age;
(2) a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested;
(3) a person not of good moral character and repute; or
(4) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler.
In addition, no new retail license may be issued to, and the governing body of a municipality may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The Alcohol and Gambling Enforcement Division or licensing authority may require that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes of a criminal history check.
Subd. 2. Background
check. (a) A retail liquor
license may be issued by a city, a county, or the commissioner. The chief of police is responsible for the
background checks prior to a city issuing a retail liquor license. A county sheriff is responsible for the
background checks prior to the county issuing a retail liquor license and for
those cities that do not have a police department. The commissioner is responsible for the
background checks prior to the state issuing a retail liquor license.
(b) The applicant for a retail license
must provide the appropriate authority with the applicant's signed, written
informed consent to conduct a background check.
The appropriate authority is authorized to query the Minnesota criminal
history repository for records on the applicant. If the appropriate authority conducts a
national criminal history records check, the appropriate authority must obtain
fingerprints from the applicant and forward the
fingerprints and the required
fee to the superintendent of the Bureau of Criminal Apprehension. The superintendent may exchange the
fingerprints with the Federal Bureau of Investigation for purposes of obtaining
the applicant's national criminal history record information. The superintendent shall return the results
of the national criminal history records check to the appropriate authority for
the purpose of determining if the applicant is qualified to receive a license.
Sec. 36. Minnesota Statutes 2012, section 611.272, is amended to read:
611.272
ACCESS TO GOVERNMENT DATA.
The district public defender, the state public defender, or an attorney working for a public defense corporation under section 611.216 has access to the criminal justice data communications network described in section 299C.46, as provided in this section. Access to data under this section is limited to data necessary to prepare criminal cases in which the public defender has been appointed as follows:
(1) access to data about witnesses in a criminal case shall be limited to records of criminal convictions, custody status, custody history, aliases and known monikers, race, probation status, identity of probation officer, and booking photos; and
(2) access to data regarding the public defender's own client which includes, but is not limited to, criminal history data under section 13.87; juvenile offender data under section 299C.095; warrant information data under section 299C.115; incarceration data under section 299C.14; conditional release data under section 241.065; and diversion program data under section 299C.46, subdivision 5.
The public defender has access to data under this section, whether accessed via the integrated search service as defined in section 13.873 or other methods. The public defender does not have access to law enforcement active investigative data under section 13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained by a prosecuting attorney. The public defender has access to the data at no charge, except for the monthly network access charge under section 299C.46, subdivision 3, paragraph (b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87, subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the contrary, there shall be no charge to public defenders for Internet access to the criminal justice data communications network.
Sec. 37. Minnesota Statutes 2012, section 611A.203, subdivision 4, is amended to read:
Subd. 4. Duties; access to data. (a) The domestic fatality review team shall collect, review, and analyze death certificates and death data, including investigative reports, medical and counseling records, victim service records, employment records, child abuse reports, or other information concerning domestic violence deaths, survivor interviews and surveys, and other information deemed by the team as necessary and appropriate concerning the causes and manner of domestic violence deaths.
(b) The review team has access to the
following not public data, as defined in section 13.02, subdivision 8a,
relating to a case being reviewed by the team:
inactive law enforcement investigative data under section 13.82; autopsy
records and coroner or medical examiner investigative data under section 13.83;
hospital, public health, or other medical records of the victim under section
13.384; records under section 13.46, created by social service agencies that
provided services to the victim, the alleged perpetrator, or another victim who
experienced or was threatened with domestic abuse by the perpetrator; and child
maltreatment records under section 626.556, relating to the victim or a family
or household member of the victim. Access
to medical records under this paragraph also includes records governed by
sections 144.291 to 144.298. The
review team has access to corrections and detention data as provided in section
13.85.
(c) As part of any review, the
domestic fatality review team may compel the production of other records by
applying to the district court for a subpoena, which will be effective
throughout the state according to the Rules of Civil Procedure.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. Minnesota Statutes 2012, section 626.556, subdivision 7, is amended to read:
Subd. 7. Report; information provided to parent. (a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency, unless the appropriate agency has informed the reporter that the oral information does not constitute a report under subdivision 10. The local welfare agency shall determine if the report is accepted for an assessment or investigation as soon as possible but in no event longer than 24 hours after the report is received. Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter. If requested, the local welfare agency or the agency responsible for assessing or investigating the report shall inform the reporter within ten days after the report is made, either orally or in writing, whether the report was accepted for assessment or investigation. Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff.
(b) Notwithstanding paragraph (a), the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is assessing or investigating the report of alleged maltreatment.
(c) Regardless of whether a report is
made under this subdivision, as soon as practicable after a school receives
information regarding an incident that may constitute maltreatment of a child
in a school facility, the school shall inform the parent, legal guardian, or
custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the
conduct that may constitute maltreatment.
(d) A written copy of a report maintained by personnel of agencies, other than welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. An individual subject of the report may obtain access to the original report as provided by subdivision 11.
Sec. 39. NEWBORN
SCREENING PROGRAM STUDY.
(a) The commissioner of health, in
consultation with the medical research and advocacy groups identified in
paragraph (b), shall review the newborn screening programs in Minnesota
Statutes, section 144.125, and evaluate the scientific and medical validity of
a comprehensive and sustainable long-term storage and use plan for the test
results under Minnesota Statutes, section 144.125. The commissioner shall consider the
following:
(1) peer-reviewed medical research into
the diagnosis and treatment of heritable and congenital disease;
(2) strategies for education of parents
and families about the utility of advancing new knowledge through research on
blood spots and test data made possible by long-term storage and use;
(3) plans and protocols for
clinical and research access to test result data;
(4) minimizing the administrative
burden on hospitals and health care providers in the operation of the newborn
screening program;
(5) the adequacy of current law on the
standard retention period for test results under Minnesota Statutes, section
144.125, subdivision 6; and
(6) privacy concerns associated with
parental consent options and long-term storage and use of blood samples and
test data.
(b) As part of the evaluation, the
commissioner shall consult with medical research and data privacy experts,
including, but not limited to, specialists in metabolic care, immunology,
pediatrics, epidemiology, nutrition, pulmonology, cardiology, endocrinology,
hematology, hearing care, and medical genetics, as well as patient advocacy and
data privacy groups.
(c) By February 1, 2014, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees and divisions with primary jurisdiction on health and human services and data privacy on comprehensive and sustainable long-term storage and usage of the test results.
(d) The commissioner shall conduct the
evaluation required under this section within existing appropriations.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 40. DESTRUCTION
OF MILEAGE-BASED USER FEE DATA.
Notwithstanding Minnesota Statutes,
section 138.17, data classified as not public pursuant to a temporary
classification of the commissioner of administration related to the
mileage-based user fee pilot project established by Laws 2007, chapter 143,
article 1, section 3, subdivision 3, paragraph (a), clause (1), shall be
destroyed no later than July 31, 2013. This
section does not apply to summary data on types of vehicles used and road
usage, provided that the data do not identify participants or contain other
characteristics that could uniquely identify participants.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. REPEALER.
Minnesota Statutes 2012, section
299A.28, is repealed."
Delete the title and insert:
"A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; clarifying provisions regarding data on homestead and other tax applications; extending for six years the sunset provision for the newborn screening advisory committee; requiring a newborn screening program study; providing for destruction of data from mileage-based user fee pilot project; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.4965, subdivision 3; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding a subdivision; 171.07, subdivision 1a; 241.065, subdivision 4; 268.19, subdivision 1; 273.124, subdivision 13; 273.1315, subdivisions 1, 2; 290A.25; 299C.11, subdivision 1; 299C.46,
subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 611A.203, subdivision 4; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 273; 299C; repealing Minnesota Statutes 2012, section 299A.28."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Kari Dziedzic, Ron Latz and Julie A. Rosen.
House Conferees: Steve Simon, Peggy Scott and John Lesch.
Simon moved that the report of the
Conference Committee on S. F. No. 745 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 745, A bill for an act relating to state government; classifying or modifying certain provisions concerning data practices; requiring informed consent; amending definitions; allowing disclosure of certain data; allowing access to certain records; making technical changes; modifying certain provisions regarding transportation and health data; modifying certain provisions regarding criminal history records, criminal background checks, and other criminal justice data provisions; extending for six years the sunset provision for the newborn screening advisory committee; providing for accreditation of forensic laboratories; repealing the McGruff safe house program; amending Minnesota Statutes 2012, sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2, 14; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3, 4, by adding subdivisions; 171.07, subdivision 1a; 171.12, subdivision 7; 241.065, subdivision 4; 268.19, subdivision 1; 299C.11, subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2; 299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 626.556, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing Minnesota Statutes 2012, section 299A.28.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt