STATE OF
MINNESOTA
NINETIETH
SESSION - 2018
_____________________
NINETY-SIXTH
DAY
Saint Paul, Minnesota, Monday, May 14, 2018
The House of Representatives convened at
10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by the Reverend Kari
Williamson, Lutheran Church of the Cross, Nisswa, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Munson
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Johnson, S.; Liebling and Sandstede were
excused.
Moran was excused until 12:50 p.m. Flanagan was excused until 1:05 p.m. Applebaum was excused until 1:25 p.m. Slocum was excused until 2:50 p.m. Ward was excused until 3:35 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. 893 and
H. F. No. 1609, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Smith moved that
S. F. No. 893 be substituted for H. F. No. 1609 and
that the House File be indefinitely postponed.
The motion prevailed.
S. F. No. 2869 and
H. F. No. 3282, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Bahr, C., moved that
S. F. No. 2869 be substituted for H. F. No. 3282
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2949 and
H. F. No. 3582, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Omar moved that
S. F. No. 2949 be substituted for H. F. No. 3582
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 8,
2018
The
Honorable Kurt Daudt
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Daudt:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3418, relating
to commerce; changing requirements for motor vehicle service contracts.
H. F. No. 3225, relating
to commerce; regulating wireless communications device dealer payments for used
devices.
H. F. No. 3210, relating
to local government; modifying county authorization for storm and sanitary
sewer systems.
H. F. No. 3755,
H. F. No. 2743, relating to civil actions; regulating actions for damages based on services or construction to improve real property; providing for a limitation on actions.
H. F. No. 3552, relating
to real property; modifying the definition of residential use under the
Minnesota Common Interest Ownership Act.
H. F. No. 3389, relating
to children; modifying presumptions in child support modifications; codifying
case law.
H. F. No. 817, relating
to public safety; establishing crimes for interfering or attempting to
interfere with point‑of-sale terminals, gas pump dispensers, and
automated teller machines.
H. F. No. 1975, relating to municipal contracting; narrowing a bidding exception for certain water tank service contracts.
H. F. No. 3622, relating
to insurance; changing accreditation and certification requirements for
reinsurers.
Sincerely,
Mark
Dayton
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Kurt L. Daudt
Speaker of the House of
Representatives
The Honorable Michelle L.
Fischbach
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2018 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2018 |
Date Filed 2018 |
3418 112 12:22 p.m. May 8 May
8
3225 113 12:24 p.m. May 8 May
8
3210 114 12:26 p.m. May 8 May
8
3755 115 12:27 p.m. May 8 May
8
2743 116 12:28 p.m. May 8 May
8
3552 117 12:29 p.m. May 8 May
8
3389 118 12:30 p.m. May 8 May
8
3306 119 12:34
p.m. May 8 May 8
3525 120 12:35 p.m. May 8 May
8
2777 121 12:35
p.m. May 8 May 8
3466 122 12:37
p.m. May 8 May 8
817 123 12:38 p.m. May 8 May
8
1975 124 12:39 p.m. May 8 May
8
3622 125 12:40 p.m. May 8 May
8
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 1180, A bill for an act relating to transportation; prohibiting certain use of cellular phones while driving; amending Minnesota Statutes 2016, sections 169.011, subdivision 94; 169.475.
Reported the same back with the following amendments:
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2016, section 169.475, is amended to read:
169.475
USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision 1. Definition
Definitions. (a) For
purposes of this section, the following terms have the meanings given.
(b) "Electronic message"
means a self-contained piece of digital communication that is designed or
intended to be transmitted between physical devices. An electronic message includes, but is not
limited to, email, a text message, an instant message, a command or request
to access a World Wide Web page,:
email; a text message; an instant message; a command or request to
access a World Wide Web page; video content, whether Web-based, stored on the
device, or accessed in any other manner; images; pictures; or other data
that uses a commonly recognized electronic communications protocol. An electronic message does not include voice
or other data transmitted as a result of making a phone call, or data
transmitted automatically by a wireless communications device without direct
initiation by a person.
(c) "Voice-activated or hands-free
mode" means an attachment, accessory, application, wireless connection, or
built-in feature of a wireless communications device or vehicle that allows the
user to:
(1) vocally compose or send, or to
listen to a text-based communication without the use of either hand except to
activate or deactivate a feature or function; or
(2) engage in a phone call without the
use of either hand except to activate or deactivate a feature or function.
Subd. 2. Prohibition
on use; penalty. (a) No Except
as provided in subdivision 3, when a motor vehicle is in motion or a part of
traffic, the person may operate a motor operating the vehicle
while is prohibited from using:
(1) a wireless communications device
to initiate, compose, read, or send an electronic message, when the
vehicle is in motion or a part of traffic; or
(2) a cellular phone, including but not limited to initiating a cellular phone call and talking or listening on the phone.
(b) When a motor vehicle is in motion
or a part of traffic, the person operating the vehicle is prohibited from using
a wireless communications device to view video content, whether Web-based,
stored on the device, or accessed in any other manner. This paragraph does not apply to viewing a
global positioning system or navigation system.
(c) A person who violates paragraph
paragraphs (a) and (b) a second or subsequent time must pay a
fine of $225, plus the amount specified in the uniform fine schedule
established by the Judicial Council.
(d) For purposes of this subdivision, a
motor vehicle is not considered to be in motion or a part of traffic if the
vehicle is legally pulled over to the side of the road, has come to a complete
stop, and is not obstructing traffic.
Subd. 3. Exceptions. This section does (a) The
prohibitions in subdivision 2, paragraph (a), do not apply if a wireless
communications device is used:
(1) solely in a voice-activated or other
hands-free mode to make or participate in a phone call or to initiate,
compose, read, or send an electronic message;
(2) for making a cellular phone call;
(3) for obtaining to obtain
emergency assistance to (i) report a traffic accident, medical emergency, or
serious traffic hazard, or (ii) prevent a crime about to be committed;
(4) (3) in the reasonable
belief that a person's life or safety is in immediate danger; or
(5) (4) in an authorized
emergency vehicle while in the performance of official duties.
(b) This section does not apply to a
device that is functioning solely as a global positioning system or navigation
system that is temporarily affixed to the vehicle.
(c) The prohibition in subdivision 2,
paragraph (a), clause (2), does not apply to the use of a cellular phone that
is temporarily affixed to the vehicle to listen to audio-based content.
EFFECTIVE DATE. This section is effective August 1, 2018, and
applies to acts committed on or after that date."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 1440, A bill for an act relating to health; establishing the Opioid Addiction Prevention and Treatment Advisory Council; establishing a special revenue fund for opioid addiction prevention and treatment; modifying substance use disorder treatment provider requirements; appropriating money; requiring reports; amending Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 151.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
OPIOID ADDICTION ADVISORY COUNCIL AND ACCOUNT
Section 1.
[151.255] OPIOID ADDICTION
PREVENTION AND TREATMENT ADVISORY COUNCIL.
Subdivision 1. Establishment
of advisory council. (a) The
Opioid Addiction Prevention and Treatment Advisory Council is established to
confront the opioid addiction and overdose epidemic in this state and focus on:
(1) prevention and education, including
public education and awareness for adults and youth, prescriber education, and the
development and sustainability of substance use disorder programs;
(2) the expansion and enhancement of a
continuum of care for opioid-related substance use disorders, including primary
prevention, early intervention, treatment, and recovery services;
(3) training on the treatment of opioid
addiction, including the use of all FDA-approved opioid addiction medications,
detoxification, relapse prevention, patient assessment, individual treatment
planning, counseling, recovery supports, diversion control, and other best
practices; and
(4) services to ensure overdose
prevention as well as public safety and community well-being, including
expanding access to FDA-approved opioid addiction medications and providing
social services to families affected by the opioid overdose epidemic.
(b) The council shall:
(1) review local, state, and federal
initiatives and activities related to education, prevention, and services for
individuals and families experiencing and affected by opioid addiction;
(2) establish priorities and actions to
address the state's opioid epidemic for the purpose of allocating funds;
(3) ensure optimal allocation of
available funding and alignment of existing state and federal funding to
achieve the greatest impact and ensure a coordinated state effort;
(4) develop criteria and procedures to
be used in awarding grants and allocating available funds from the opioid
addiction prevention and treatment account; and
(5) develop measurable outcomes to
determine the effectiveness of the funds allocated.
(c) The council shall make
recommendations on grant and funding options for the funds annually
appropriated to the commissioner of human services from the opioid addiction
prevention and treatment account. The
options for funding may include, but are not limited to: prescriber education; the development and
sustainability of prevention
programs;
the creation of a continuum of care for opioid-related substance abuse
disorders, including primary prevention, early intervention, treatment, and
recovery services; and additional funding for child protection case management
services for children and families affected by opioid addiction. The council shall submit recommendations for
funding options to the commissioner of human services and to the chairs and
ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance by March 1 of each year, beginning
March 1, 2019.
Subd. 2. Membership. (a) The council shall consist of 21
members appointed by the commissioner of human services, except as otherwise
specified:
(1) two members of the house of
representatives, one from the majority party appointed by the speaker of the
house and one from the minority party appointed by the minority leader of the
house of representatives;
(2) two members of the senate, one from
the majority party appointed by the senate majority leader and one from the
minority party appointed by the senate minority leader;
(3) one member appointed by the Board
of Pharmacy;
(4) one member who is a medical doctor
appointed by the Minnesota chapter of the American College of Emergency
Physicians;
(5) one member representing programs
licensed under chapter 245G that specialize in serving people with opioid use
disorders;
(6) one member representing the
National Alliance on Mental Illness (NAMI);
(7) one member who is a medical doctor
appointed by the Minnesota Society of Addiction Medicine;
(8) one member representing
professionals providing alternative pain management therapies;
(9) the commissioner of education or a
designee;
(10) one member appointed by the
Minnesota Ambulance Association;
(11) one member representing the
Minnesota courts who is a judge or law enforcement officer;
(12) one member representing the
Minnesota Hospital Association;
(13) one member representing an Indian
tribe;
(14) the commissioner of human services
or a designee;
(15) the commissioner of corrections or
a designee;
(16) one advanced practice registered
nurse appointed by the Board of Nursing;
(17) the commissioner of health or a
designee;
(18) one member representing a local
health department; and
(19)
one member representing a nonprofit entity specializing in providing support to
persons recovering from substance use disorder.
(b) The commissioner shall coordinate
appointments to provide geographic diversity and shall ensure that at least
one-half of council members reside outside of the seven-county metropolitan
area.
(c) The council is governed by section
15.059, except that members of the council shall receive no compensation other
than reimbursement for expenses. Notwithstanding
section 15.059, subdivision 6, the council shall not expire.
(d) The chair shall convene the council
semiannually, and may convene other meetings as necessary. The chair shall convene meetings at different
locations in the state to provide geographic access and shall ensure that at least
one-half of the meetings are held at locations outside of the seven-county
metropolitan area.
(e) The commissioner of human services
shall provide staff and administrative services for the advisory council.
(f) The council is subject to chapter 13D.
Sec. 2. [151.256]
OPIOID ADDICTION PREVENTION AND TREATMENT ACCOUNT.
Subdivision 1. Establishment. The opioid addiction prevention and
treatment account is established in the special revenue fund in the state
treasury. All state appropriations to
the account, and any federal funds or grant dollars received for the prevention
and treatment of opioid addiction, shall be deposited into the account.
Subd. 2. Use
of account funds. (a) For
fiscal year 2019, money in the account is appropriated as provided in this act.
(b) For fiscal year 2020 and subsequent
fiscal years, money in the opioid addiction prevention and treatment account is
appropriated to the commissioner of human services, to be awarded, in
consultation with the Opioid Addiction Prevention and Treatment Advisory
Council, as grants or as other funding as determined appropriate to address the
opioid epidemic in the state. Grants or
other funding may be provided to continue or expand initiatives funded by this
act for fiscal year 2019. Each recipient
of grants or funding shall report to the commissioner and the advisory council
on how the funds were spent and the outcomes achieved, in the form and manner
specified by the commissioner.
Subd. 3. Annual
report. Beginning December 1,
2019, and each December 1 thereafter, the commissioner, in consultation with
the Opioid Addiction Prevention and Treatment Advisory Council, shall report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance on the grants
and funds awarded under this section and the outcomes achieved. Each report must also identify those
instances for which the commissioner did not follow the recommendations of the
advisory council and the commissioner's rationale for taking this action.
Sec. 3. ADVISORY
COUNCIL FIRST MEETING.
The commissioner of human services
shall convene the first meeting of the Opioid Addiction Prevention and
Treatment Advisory Council established under Minnesota Statutes, section
151.255, no later than October 1, 2018. The
members shall elect a chair at the first meeting.
ARTICLE 2
PROVIDER AND OTHER REQUIREMENTS
Section 1. Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:
Subd. 2. No prohibition
on disclosure. No contracting
agreement between an employer-sponsored health plan or health plan company, or
its contracted pharmacy benefit manager, and a resident or nonresident pharmacy
registered licensed under this chapter, may prohibit the:
(1) a pharmacy from disclosing to
patients information a pharmacy is required or given the option to provide
under subdivision 1; or
(2) a pharmacist from informing a patient when the amount the patient is required to pay under the patient's health plan for a particular drug is greater than the amount the patient would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's usual and customary price.
Sec. 2. Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to read:
Subd. 3. Lowest
cost to consumers. (a) A
health plan company or pharmacy benefits manager shall not require an
individual to make a payment at the point of sale for a covered prescription
medication in an amount greater than the allowable cost to consumers, as
defined in paragraph (b).
(b) For purposes of paragraph (a),
"allowable cost to consumers" means the lowest of: (1) the applicable co‑payment for the
prescription medication; or (2) the amount an individual would pay for the
prescription medication if the individual purchased the prescription medication
without using a health plan benefit.
Sec. 3. Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1, is amended to read:
Subdivision 1. Comprehensive assessment. (a) A comprehensive assessment of the client's substance use disorder must be administered face-to-face by an alcohol and drug counselor within three calendar days after service initiation for a residential program or during the initial session for all other programs. A program may permit a licensed staff person who is not qualified as an alcohol and drug counselor to interview the client in areas of the comprehensive assessment that are otherwise within the competencies and scope of practice of that licensed staff person and an alcohol and drug counselor does not need to be face-to-face with the client during this interview. The alcohol and drug counselor must review all of the information contained in a comprehensive assessment and, by signature, confirm the information is accurate and complete and meets the requirements for the comprehensive assessment. If the comprehensive assessment is not completed during the initial session, the client-centered reason for the delay must be documented in the client's file and the planned completion date. If the client received a comprehensive assessment that authorized the treatment service, an alcohol and drug counselor must review the assessment to determine compliance with this subdivision, including applicable timelines. If available, the alcohol and drug counselor may use current information provided by a referring agency or other source as a supplement. Information gathered more than 45 days before the date of admission is not considered current. The comprehensive assessment must include sufficient information to complete the assessment summary according to subdivision 2 and the individual treatment plan according to section 245G.06. The comprehensive assessment must include information about the client's needs that relate to substance use and personal strengths that support recovery, including:
(1) age, sex, cultural background, sexual orientation, living situation, economic status, and level of education;
(2) circumstances of service initiation;
(3) previous attempts at treatment for substance misuse or substance use disorder, compulsive gambling, or mental illness;
(4) substance use history including amounts and types of substances used, frequency and duration of use, periods of abstinence, and circumstances of relapse, if any. For each substance used within the previous 30 days, the information must include the date of the most recent use and previous withdrawal symptoms;
(5) specific problem behaviors exhibited by the client when under the influence of substances;
(6) family status, family history, including history or presence of physical or sexual abuse, level of family support, and substance misuse or substance use disorder of a family member or significant other;
(7) physical concerns or diagnoses, the severity of the concerns, and whether the concerns are being addressed by a health care professional;
(8) mental health history and psychiatric status, including symptoms, disability, current treatment supports, and psychotropic medication needed to maintain stability; the assessment must utilize screening tools approved by the commissioner pursuant to section 245.4863 to identify whether the client screens positive for co-occurring disorders;
(9) arrests and legal interventions related to substance use;
(10) ability to function appropriately in work and educational settings;
(11) ability to understand written treatment materials, including rules and the client's rights;
(12) risk-taking behavior, including behavior that puts the client at risk of exposure to blood-borne or sexually transmitted diseases;
(13) social network in relation to expected support for recovery and leisure time activities that are associated with substance use;
(14) whether the client is pregnant and, if so, the health of the unborn child and the client's current involvement in prenatal care;
(15) whether the client recognizes problems related to substance use and is willing to follow treatment recommendations; and
(16) collateral information. If the assessor gathered sufficient information from the referral source or the client to apply the criteria in Minnesota Rules, parts 9530.6620 and 9530.6622, a collateral contact is not required.
(b) If the client is identified as having opioid use disorder or seeking treatment for opioid use disorder, the program must provide educational information to the client concerning:
(1) risks for opioid use disorder and dependence;
(2) treatment options, including the use of a medication for opioid use disorder;
(3) the risk of and recognizing opioid overdose; and
(4) the use, availability, and administration of naloxone to respond to opioid overdose.
(c) The commissioner shall develop educational materials that are supported by research and updated periodically. The license holder must use the educational materials that are approved by the commissioner to comply with this requirement.
(d) If the comprehensive assessment is completed to authorize treatment service for the client, at the earliest opportunity during the assessment interview the assessor shall determine if:
(1) the client is in severe withdrawal and likely to be a danger to self or others;
(2) the client has severe medical problems that require immediate attention; or
(3) the client has severe emotional or behavioral symptoms that place the client or others at risk of harm.
If one or more of the conditions in clauses (1) to (3) are present, the assessor must end the assessment interview and follow the procedures in the program's medical services plan under section 245G.08, subdivision 2, to help the client obtain the appropriate services. The assessment interview may resume when the condition is resolved.
Sec. 4. Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended to read:
Subd. 3. Rules for substance use disorder care. (a) The commissioner of human services shall establish by rule criteria to be used in determining the appropriate level of chemical dependency care for each recipient of public assistance seeking treatment for substance misuse or substance use disorder. Upon federal approval of a comprehensive assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of comprehensive assessments under section 254B.05 may determine and approve the appropriate level of substance use disorder treatment for a recipient of public assistance. The process for determining an individual's financial eligibility for the consolidated chemical dependency treatment fund or determining an individual's enrollment in or eligibility for a publicly subsidized health plan is not affected by the individual's choice to access a comprehensive assessment for placement.
(b) The commissioner shall develop and implement a utilization review process for publicly funded treatment placements to monitor and review the clinical appropriateness and timeliness of all publicly funded placements in treatment.
(c) Notwithstanding section 254B.05,
subdivision 5, paragraph (b), clause (2), an individual employed by a county on
July 1, 2018, who has been performing assessments for the purpose of Minnesota
Rules, part 9530.6615, is qualified to perform a comprehensive assessment if
the following conditions are met as of July 1, 2018:
(1) the individual is exempt from
licensure under section 148F.11, subdivision 1;
(2) the individual is qualified as an
assessor under Minnesota Rules, part 9530.6615, subpart 2; and
(3) the individual has three years
employment as an assessor or is under the supervision of an individual who
meets the requirements of an alcohol and drug counselor supervisor under
section 245G.11, subdivision 4.
After June 30, 2020, an individual
qualified to do a comprehensive assessment under this paragraph must
additionally demonstrate completion of the applicable coursework requirements
of section 245G.11, subdivision 5, paragraph (b).
ARTICLE 3
PREVENTION, EDUCATION, AND RESEARCH
Section 1. Minnesota Statutes 2017 Supplement, section 120B.021, subdivision 1, is amended to read:
Subdivision 1. Required academic standards. (a) The following subject areas are required for statewide accountability:
(1) language arts;
(2) mathematics;
(3) science;
(4) social studies, including history, geography, economics, and government and citizenship that includes civics consistent with section 120B.02, subdivision 3;
(5) physical education;
(6) health, for which locally developed academic standards apply, consistent with paragraph (e); and
(7) the arts, for which statewide or locally developed academic standards apply, as determined by the school district. Public elementary and middle schools must offer at least three and require at least two of the following four arts areas: dance; music; theater; and visual arts. Public high schools must offer at least three and require at least one of the following five arts areas: media arts; dance; music; theater; and visual arts.
(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate. An individualized education program team that makes this determination must establish alternative standards.
(c) The department must adopt the most recent SHAPE America (Society of Health and Physical Educators) kindergarten through grade 12 standards and benchmarks for physical education as the required physical education academic standards. The department may modify and adapt the national standards to accommodate state interest. The modification and adaptations must maintain the purpose and integrity of the national standards. The department must make available sample assessments, which school districts may use as an alternative to local assessments, to assess students' mastery of the physical education standards beginning in the 2018-2019 school year.
(d) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6). Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders. A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation. A school district may also provide parents information on the warning signs of child sexual abuse and available resources.
(e) A school district must include
instruction in a health curriculum for students in grades 5, 6, 8, 10, and 12
on substance misuse prevention, including opioids; controlled substances as
defined in section 152.01, subdivision 4; prescription and nonprescription medications;
and illegal drugs. A school district is
not required to use a specific methodology or curriculum.
(e) (f) District efforts to
develop, implement, or improve instruction or curriculum as a result of the
provisions of this section must be consistent with sections 120B.10, 120B.11,
and 120B.20.
EFFECTIVE
DATE. This section is
effective for the 2019-2020 school year and later.
Sec. 2. [120B.215]
SUBSTANCE MISUSE PREVENTION.
(a) This section may be cited as
"Jake's Law."
(b) School districts and charter
schools are encouraged to provide substance misuse prevention instruction for
students in grades 5 through 12 integrated into existing programs, curriculum,
or the general school environment of a district or charter school. The commissioner of education, in
consultation with the director of the Alcohol and Other Drug Abuse Section
under section 254A.03 and substance misuse prevention and treatment
organizations, must, upon request, provide districts and charter schools with:
(1) information regarding substance
misuse prevention services; and
(2) assistance in using Minnesota
student survey results to inform prevention programs.
EFFECTIVE
DATE. This section is
effective July 1, 2018.
Sec. 3. [151.72]
VOLUNTARY NONOPIOID DIRECTIVE.
Subdivision 1. Definitions. (a) For purposes of this section, the
following definitions apply.
(b) "Board" means the Board
of Pharmacy.
(c)
"Opioid" means any product containing opium or opiates listed in
section 152.02, subdivision 3, paragraphs (b) and (c); any product
containing narcotics listed in section 152.02, subdivision 4, paragraphs (e)
and (h); or any product containing narcotic drugs listed in section 152.02,
subdivision 5, paragraph (b), other than products containing difenoxin or
eluxadoline.
Subd. 2. Execution
of directive. (a) An
individual who is 18 years of age or older or an emancipated minor, a parent or
legal guardian of a minor, or an individual's guardian or other person
appointed by the individual or the court to manage the individual's health care
may execute a voluntary nonopioid directive instructing health care providers
that an opioid may not be administered or prescribed to the individual or the
minor. The directive must be in the
format prescribed by the board. The
person executing the directive may submit the directive to a health care
provider or hospital.
(b) An individual executing a directive
may revoke the directive at any time in writing or orally.
Subd. 3. Duties
of the board. (a) The board
shall adopt rules establishing guidelines to govern the use of voluntary
nonopioid health care directives. The
guidelines must:
(1) include verification by a health
care provider and comply with the written consent requirements under United
States Code, title 42, section 290dd-2(b);
(2) specify standard procedures for the
person executing a directive to use when submitting the directive to a health
care provider or hospital;
(3) specify procedures to include the
directive in the individual's medical record or interoperable electronic health
record, and to submit the directive to the prescription monitoring program
database;
(4) specify procedures to modify,
override, or revoke a directive;
(5)
include exemptions for the administration of naloxone or other opioid overdose
drugs in an emergency situation;
(6) ensure the confidentiality of a
voluntary nonopioid directive; and
(7) ensure exemptions for an opioid
used to treat substance abuse or opioid dependence.
Subd. 4. Exemption
from liability. (a) A health
care provider, a hospital, or an employee of a health care provider or hospital
may not be subject to disciplinary action by the health care provider's or
employee's professional licensing board or held civilly or criminally liable
for failure to administer, prescribe, or dispense an opioid, or for inadvertent
administration of an opioid, to an individual or minor who has a voluntary
nonopioid directive.
(b) A prescription presented to a
pharmacy is presumed to be valid, and a pharmacist may not be subject to
disciplinary action by the pharmacist's professional licensing board or held
civilly or criminally liable for dispensing an opioid in contradiction to an
individual's or minor's voluntary nonopioid directive.
Subd. 5. Construction. Nothing in this section shall be construed
to:
(1) alter a health care directive under
chapter 145C;
(2) limit the prescribing, dispensing,
or administering of an opioid overdose drug; or
(3) limit an authorized health care
provider or pharmacist from prescribing, dispensing, or administering an opioid
for the treatment of substance abuse or opioid dependence.
Sec. 4. Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended to read:
Subd. 2. Sheriff
to maintain collection receptacle. The
sheriff of each county shall maintain or contract for the maintenance of at
least one collection receptacle for the disposal of noncontrolled substances,
pharmaceutical controlled substances, and other legend drugs, as permitted by
federal law. For purposes of this
section, "legend drug" has the meaning given in section 151.01,
subdivision 17. The collection
receptacle must comply with federal law.
In maintaining and operating the collection receptacle, the sheriff
shall follow all applicable provisions of Code of Federal Regulations, title
21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through May 1,
2017. The sheriff of each county may
meet the requirements of this subdivision though the use of an alternative
method for the disposal of noncontrolled substances, pharmaceutical controlled
substances, and other legend drugs that has been approved by the Board of
Pharmacy. This may include making
available to the public, without charge, at-home prescription drug deactivation
and disposal products that render drugs and medications inert and
irretrievable.
Sec. 5. Minnesota Statutes 2016, section 152.11, subdivision 2d, is amended to read:
Subd. 2d. Identification
requirement for Schedule II or III controlled substance prescriptions. (a) No person may dispense a controlled
substance included in Schedule II or III Schedules II through V
without requiring the person purchasing the controlled substance, who need not
be the person patient for whom the controlled substance
prescription is written, to present valid photographic identification, unless
the person purchasing the controlled substance, or if applicable the person
for whom the controlled substance prescription is written, is known to the
dispenser. A doctor of veterinary
medicine who dispenses a controlled substance must comply with this
subdivision.
(b) This subdivision applies only to
purchases of controlled substances that are not covered, in whole or in part,
by a health plan company or other third-party payor.
Sec. 6. Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to read:
Subd. 5. Limitations
on the dispensing of opioid prescription drug orders. (a) No prescription drug order for an
opioid drug listed in Schedule II may be dispensed by a pharmacist or other
dispenser more than 30 days after the date on which the prescription drug order
was issued.
(b) No prescription drug order for an
opioid drug listed in Schedules III through V may be initially dispensed by a
pharmacist or other dispenser more than 30 days after the date on which the
prescription drug order was issued. No
prescription drug order for an opioid drug listed in Schedules III through V
may be refilled by a pharmacist or other dispenser more than 30 days after the
previous date on which it was dispensed.
(c) For purposes of this section,
"dispenser" has the meaning given in section 152.126, subdivision 1.
Sec. 7. Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to read:
Subd. 6. Limit
on quantity of opiates prescribed for acute pain associated with a major trauma
or surgical procedure. (a)
When used for the treatment of acute pain associated with a major trauma or
surgical procedure, initial prescriptions for opiate or narcotic pain relievers
listed in Schedules II through IV of section 152.02 shall not exceed a
seven-day supply. The quantity
prescribed shall be consistent with the dosage listed in the professional
labeling for the drug that has been approved by the United States Food and Drug
Administration.
(b) For the purposes of this
subdivision, "acute pain" means pain resulting from disease,
accidental or intentional trauma, surgery, or another cause that the
practitioner reasonably expects to last only a short period of time. Acute pain does not include chronic pain or
pain being treated as part of cancer care, palliative care, or hospice or other
end-of-life care.
(c) Notwithstanding paragraph (a), if
in the professional clinical judgment of a practitioner more than a seven‑day
supply of a prescription listed in Schedules II through IV of section 152.02 is
required to treat a patient's acute pain, the practitioner may issue a
prescription for the quantity needed to treat such acute pain.
(d) This subdivision does not apply to
the treatment of acute dental pain or acute pain associated with refractive
surgery, and the quantity of opiates that may be prescribed for those
conditions is governed by subdivision 4.
Sec. 8. Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to read:
Subd. 6. Opioid
and controlled substances prescribing.
(a) The Board of Medical Practice, the Board of Nursing, the
Board of Dentistry, the Board of Optometry, and the Board of Podiatric Medicine
shall require that licensees with the authority to prescribe controlled
substances obtain at least two hours of continuing education credit on best
practices in prescribing opioids and controlled substances, as part of the
continuing education requirements for licensure renewal. Licensees shall not be required to complete more
than two credit hours of continuing education on best practices in prescribing
opioids and controlled substances before this subdivision expires. Continuing education credit on best practices
in prescribing opioids and controlled substances must meet board requirements.
(b) This subdivision expires January 1,
2023.
EFFECTIVE
DATE. This section is
effective January 1, 2019.
ARTICLE 4
INTERVENTION, TREATMENT, AND RECOVERY
Section 1. Minnesota Statutes 2016, section 145.9269, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section and section 145.9272, "federally qualified health center" means an entity that is receiving a grant under United States Code, title 42, section 254b, or, based on the recommendation of the Health Resources and Services Administration within the Public Health Service, is determined by the secretary to meet the requirements for receiving such a grant.
Sec. 2. [145.9272]
FEDERALLY QUALIFIED HEALTH CENTERS; GRANTS FOR INTEGRATED COMMUNITY-BASED
OPIOID ADDICTION AND SUBSTANCE USE DISORDER TREATMENT, RECOVERY, AND PREVENTION
PROGRAMS.
Subdivision 1. Grant
program established. The
commissioner of health shall distribute grants to federally qualified health
centers operating in Minnesota as of January 1, 2018, for integrated,
community-based programs in primary care settings to treat, prevent, and raise
awareness of opioid addiction and substance use disorders.
Subd. 2. Grant
allocation. (a) For each
grant cycle, the commissioner shall allocate grants to federally qualified
health centers operating in Minnesota as of January 1, 2018, through a
competitive process and according to the following guidelines:
(1) 25 percent of the funds shall be
for federally qualified health centers to establish new opioid addiction and
substance use disorder programs;
(2) 70 percent of the funds shall be
for federally qualified health centers with existing opioid addiction and
substance use disorder programs to expand these programs to serve additional
low-income patients; and
(3) five percent of the funds shall be
for federally qualified health centers to invest in network infrastructure and
evaluation activities, to identify and document successful opioid addiction and
substance use disorder prevention and treatment strategies for rural or
underserved populations.
(b) The commissioner shall ensure, for
each grant cycle, that at least 30 percent of the funds are allocated to
federally qualified health centers in the state located outside the seven-county
metropolitan area and that each federally qualified health center in the state
is allocated at least three percent of the total amount available for that
grant cycle.
(c) The commissioner shall consult with
a state organization representing Minnesota's community health centers to
assess and classify the levels of substance use disorder services and programs
available at federally qualified health centers in the state as of July 1,
2018, and to develop measures for federally qualified health centers to use in
assessing the effectiveness of substance use disorder programs funded under
this section in supporting sobriety and long-term recovery, stopping cycles of
intergenerational substance use, enabling patients to return to work or school,
and supporting family unity.
Subd. 3. Allowable
uses for grant funds. In
establishing a new opioid addiction and substance use disorder program or
expanding an existing program, a federally qualified health center must use
grant funds distributed under this section for one or more of the following
activities:
(1) integrating behavioral health
services and substance use disorder services on-site at the federally qualified
health center or off-site through partnerships with other providers;
(2)
establishing or expanding programs in which patients with substance use
disorders receive services using integrated, interprofessional care teams;
(3) implementing or expanding patient
care coordination, outreach, and education services related to substance use
disorders;
(4) implementing or expanding
medication assisted treatment by providing, directly or by referral, all drugs
approved by the Food and Drug Administration for the treatment of opioid use
disorder, including maintenance, detoxification, overdose reversal, and relapse
prevention;
(5) implementing and evaluating
specific, effective substance use disorder interventions tailored to specific
populations, including but not limited to communities of color, individuals
experiencing homelessness, veterans, and adolescents;
(6) developing infrastructure,
including infrastructure to allow for telehealth services, for federally
qualified health center networks to support coordinated interventions across
delivery systems; and
(7) training current and future health
care professionals and students, including dental providers.
Subd. 4. Reports. After the conclusion of each grant
cycle, each federally qualified health center shall report to the commissioner,
at a time and in a manner specified by the commissioner, data regarding the
effectiveness measures developed under subdivision 2. The commissioner shall compile this
information into a report for each grant cycle and shall provide the report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health care.
Sec. 3. Minnesota Statutes 2016, section 151.01, subdivision 27, is amended to read:
Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;
(4) participation in drug and therapeutic device selection; drug administration for first dosage, injectable or implantable medications to treat substance use disorders, and medical emergencies; drug regimen reviews; and drug or drug-related research;
(5) participation in administration of influenza vaccines to all eligible individuals six years of age and older and all other vaccines to patients 13 years of age and older by written protocol with a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that:
(i) the protocol includes, at a minimum:
(A) the name, dose, and route of each vaccine that may be given;
(B) the patient population for whom the vaccine may be given;
(C) contraindications and precautions to the vaccine;
(D) the procedure for handling an adverse reaction;
(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;
(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and
(G) the date and time period for which the protocol is valid;
(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;
(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to assess the immunization status of individuals prior to the administration of vaccines, except when administering influenza vaccines to individuals age nine and older;
(iv) the pharmacist reports the administration of the immunization to the Minnesota Immunization Information Connection; and
(v) the pharmacist complies with guidelines for vaccines and immunizations established by the federal Advisory Committee on Immunization Practices, except that a pharmacist does not need to comply with those portions of the guidelines that establish immunization schedules when administering a vaccine pursuant to a valid, patient-specific order issued by a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under section 148.235, provided that the order is consistent with the United States Food and Drug Administration approved labeling of the vaccine;
(6) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between: (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice nurses authorized to prescribe, dispense, and administer under section 148.235. Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;
(7) participation in the storage of drugs and the maintenance of records;
(8) patient counseling on therapeutic values, content, hazards, and uses of drugs and devices;
(9) offering or performing those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy; and
(10) participation in the initiation, management, modification, and discontinuation of therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:
(i) a written protocol as allowed under clause (6); or
(ii) a written protocol with a community health board medical consultant or a practitioner designated by the commissioner of health, as allowed under section 151.37, subdivision 13.
Sec. 4. Minnesota Statutes 2016, section 151.37, subdivision 12, is amended to read:
Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed physician, a licensed advanced practice registered nurse authorized to prescribe drugs pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs pursuant to section 147A.18 may authorize the following individuals to administer opiate antagonists, as defined in section 604A.04, subdivision 1:
(1) an emergency medical responder registered pursuant to section 144E.27;
(2) a peace officer as defined in section 626.84,
subdivision 1, paragraphs (c) and (d); and
(3) staff of community-based health disease prevention or
social service programs.;
(4) a probation or supervised release officer; and
(5) a volunteer firefighter.
(b) For the purposes of
this subdivision, opiate antagonists may be administered by one of these
individuals only if:
(1) the licensed physician, licensed physician assistant, or licensed advanced practice registered nurse has issued a standing order to, or entered into a protocol with, the individual; and
(2) the individual has training in the recognition of signs of opiate overdose and the use of opiate antagonists as part of the emergency response to opiate overdose.
(c) Nothing in this section prohibits the possession and administration of naloxone pursuant to section 604A.04.
Sec. 5. Minnesota Statutes 2017 Supplement, section 254B.12, subdivision 3, is amended to read:
Subd. 3. Chemical dependency provider rate increase. For the chemical dependency services
listed in section 254B.05, subdivision 5, and provided on or after July 1, 2017
2018, payment rates shall be increased by one percent a
percentage established by the commissioner, based on the available
appropriation, over the rates in effect on January 1, 2017 2018,
for vendors who meet the requirements of section 254B.05.
Sec. 6. Minnesota Statutes 2016, section 256B.0625, subdivision 13e, is amended to read:
Subd. 13e. Payment rates. (a) The basis for determining the amount of payment shall be the lower of the actual acquisition costs of the drugs or the maximum allowable cost by the commissioner plus the fixed dispensing fee; or the usual and customary price charged to the public. The amount of payment basis must be reduced to reflect all discount amounts applied to the charge by any provider/insurer agreement or contract for submitted charges to medical assistance programs. The net submitted charge may not be greater than the patient liability for the service. The pharmacy dispensing fee shall be $3.65 for legend prescription drugs, except that the dispensing fee for intravenous solutions which must be compounded by the pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional products dispensed in quantities greater than one liter. The pharmacy dispensing fee for over-the-counter drugs shall be $3.65, except that the fee shall be $1.31 for retrospectively billing pharmacies when billing for quantities less than the number of units contained in the manufacturer's original package. Actual acquisition cost includes quantity and other special discounts except time and cash discounts. The
actual acquisition cost of a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent for independently owned pharmacies located in a designated rural area within Minnesota, and at wholesale acquisition cost plus two percent for all other pharmacies. A pharmacy is "independently owned" if it is one of four or fewer pharmacies under the same ownership nationally. A "designated rural area" means an area defined as a small rural area or isolated rural area according to the four-category classification of the Rural Urban Commuting Area system developed for the United States Health Resources and Services Administration. Effective January 1, 2014, the actual acquisition cost of a drug acquired through the federal 340B Drug Pricing Program shall be estimated by the commissioner at wholesale acquisition cost minus 40 percent. Wholesale acquisition cost is defined as the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates, or reductions in price, for the most recent month for which information is available, as reported in wholesale price guides or other publications of drug or biological pricing data. The maximum allowable cost of a multisource drug may be set by the commissioner and it shall be comparable to, but no higher than, the maximum amount paid by other third-party payors in this state who have maximum allowable cost programs. Establishment of the amount of payment for drugs shall not be subject to the requirements of the Administrative Procedure Act.
(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using an automated drug distribution system meeting the requirements of section 151.58, or a packaging system meeting the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ retrospective billing for prescription drugs dispensed to long-term care facility residents. A retrospectively billing pharmacy must submit a claim only for the quantity of medication used by the enrolled recipient during the defined billing period. A retrospectively billing pharmacy must use a billing period not less than one calendar month or 30 days.
(c) An additional dispensing fee of $.30 may be added to the dispensing fee paid to pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities when a unit dose blister card system, approved by the department, is used. Under this type of dispensing system, the pharmacist must dispense a 30-day supply of drug. The National Drug Code (NDC) from the drug container used to fill the blister card must be identified on the claim to the department. The unit dose blister card containing the drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse. A pharmacy provider using packaging that meets the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the department for the actual acquisition cost of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective billing. The commissioner may permit the drug clozapine to be dispensed in a quantity that is less than a 30-day supply.
(d) Whenever a maximum allowable cost has been set for a multisource drug, payment shall be the lower of the usual and customary price charged to the public or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.
(e) The basis for determining the amount of payment for drugs administered in an outpatient setting shall be the lower of the usual and customary cost submitted by the provider, 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner. If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider, the wholesale acquisition cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner. Effective January 1, 2014, the commissioner shall discount the payment rate for drugs obtained through the federal 340B Drug Pricing Program by 20 percent. With the exception of paragraph (f), the payment for drugs administered in an outpatient setting shall be made to the administering facility or practitioner. A retail or specialty pharmacy dispensing a drug for administration in an outpatient setting is not eligible for direct reimbursement.
(f)
Notwithstanding paragraph (e), payment for injectable drugs used to treat
substance abuse administered by a practitioner in an outpatient setting shall
be made either to the administering facility or the practitioner, or directly
to the dispensing pharmacy. The
practitioner or administering facility shall submit the claim for the drug, if
the practitioner purchases the drug directly from a wholesale distributor
licensed under section 151.47 or from a manufacturer licensed under section
151.252. The dispensing pharmacy shall
submit the claim if the pharmacy dispenses the drug pursuant to a prescription
issued by the practitioner and delivers the filled prescription to the practitioner
for subsequent administration. Payment
shall be made according to this section.
The administering practitioner and pharmacy shall ensure that claims are
not duplicated. A pharmacy shall not
dispense a practitioner‑administered injectable drug described in this
paragraph directly to an enrollee. For
purposes of this paragraph, "dispense" and "dispensing"
have the meaning provided in section 151.01, subdivision 30.
(g) The commissioner may negotiate lower reimbursement rates for specialty pharmacy products than the rates specified in paragraph (a). The commissioner may require individuals enrolled in the health care programs administered by the department to obtain specialty pharmacy products from providers with whom the commissioner has negotiated lower reimbursement rates. Specialty pharmacy products are defined as those used by a small number of recipients or recipients with complex and chronic diseases that require expensive and challenging drug regimens. Examples of these conditions include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer. Specialty pharmaceutical products include injectable and infusion therapies, biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex care. The commissioner shall consult with the formulary committee to develop a list of specialty pharmacy products subject to this paragraph. In consulting with the formulary committee in developing this list, the commissioner shall take into consideration the population served by specialty pharmacy products, the current delivery system and standard of care in the state, and access to care issues. The commissioner shall have the discretion to adjust the reimbursement rate to prevent access to care issues.
(g) (h) Home infusion
therapy services provided by home infusion therapy pharmacies must be paid at
rates according to subdivision 8d.
Sec. 7. OPIOID
OVERDOSE REDUCTION PILOT PROGRAM.
Subdivision 1. Establishment. The commissioner of health shall
provide grants to ambulance services to fund activities by community paramedic
teams to reduce opioid overdoses in the state.
Under this pilot program, ambulance services shall develop and implement
projects in which community paramedics connect with patients who are discharged
from a hospital following an opioid overdose episode, develop personalized care
plans for those patients, and provide follow-up services to those patients.
Subd. 2. Priority
areas; services. (a) In a
project developed under this section, an ambulance service must target
community paramedic team services to portions of the service area with high
levels of opioid use, high death rates from opioid overdoses, and urgent needs
for interventions.
(b) In a project developed under this
section, a community paramedic team shall:
(1) provide services to patients
released from a hospital following an opioid overdose episode and place
priority on serving patients who were administered the opiate antagonist
naloxone hydrochloride by emergency medical services personnel in response to a
911 call during the opioid overdose episode;
(2) provide the following evaluations
during an initial home visit: a home
safety assessment including whether there is a need to dispose of prescription
drugs that are expired or no longer needed, medication reconciliation, an HIV
risk assessment, instruction on the use of naloxone hydrochloride, and a basic
needs assessment;
(3)
provide patients with health assessments, medication management, chronic
disease monitoring and education, and assistance in following hospital
discharge orders; and
(4) work with a multidisciplinary team to address the
overall physical and mental health needs of patients and health needs related
to substance use disorder treatment.
Subd. 3.
Evaluation. An ambulance service that receives a
grant under this section must evaluate the extent to which the project was
successful in reducing the number of opioid overdoses and opioid overdose
deaths among patients who received services and in reducing the inappropriate
use of opioids by patients who received services. The commissioner of health shall develop
specific evaluation measures and reporting timelines for ambulance services
receiving grants. Ambulance services
must submit the information required by the commissioner to the commissioner
and the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services by December 1, 2019.
ARTICLE 5
APPROPRIATIONS
Section 1. APPROPRIATIONS
|
The appropriations shown are from the general fund, or
other named fund, and are available for the fiscal years indicated for each
purpose. The figures "2018"
and "2019" used in this article mean that the appropriation noted
under them are available for the fiscal year ending June 30, 2018, or June 30,
2019, respectively.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2018 |
2019 |
|
Sec. 2. CRIMINAL
APPREHENSION |
|
$0 |
|
$420,000 |
Bureau of Criminal
Apprehension Special Agents. $420,000
in fiscal year 2019 is for two additional special agent positions within the Bureau
of Criminal Apprehension focused on drug interdiction and drug trafficking. The special agents whose positions are
authorized under this section shall, whenever possible, coordinate with the
federal Drug Enforcement Administration in efforts to address drug trafficking
in Minnesota.
Sec. 3. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$0 |
|
$4,900,000 |
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Subd. 2. Central
Office Operations |
|
0 |
|
900,000 |
Native American
Juvenile Treatment Center; White Earth Reservation. $900,000 in fiscal year 2019 is for a
grant to the tribal council of the White Earth Nation to refurbish and equip
the White Earth Opiate Treatment Facility on the White Earth
Reservation. The facility shall treat Native Americans and
provide culturally specific programming to individuals placed in the treatment
center. This appropriation is available
until the project is completed or abandoned, subject to Minnesota Statutes,
section 16A.642. This is a onetime
appropriation.
Subd. 3. Forecasted
Programs; Medical Assistance |
|
0 |
|
4,000,000
|
Sec. 4. COMMISSIONER
OF HEALTH |
|
$0 |
|
$5,000,000 |
(a) FQHC Grants. $1,000,000
in fiscal year 2019 is for grants to federally qualified health centers for
opioid addiction and substance use disorder programs under Minnesota Statutes,
section 145.9272. This is a onetime
appropriation.
(b) Community Paramedic Teams.
$1,000,000 in fiscal year 2019 is for an opioid overdose
reduction pilot program using community paramedic teams. This appropriation is available until June
30, 2021. Of this appropriation, the
commissioner may use up to $50,000 to administer the program. This is a onetime appropriation.
(c) Opioid Prevention Pilot Project.
$2,000,000 in fiscal year 2019 is for opioid abuse prevention
pilot projects under Laws 2017, First Special Session chapter 6, article 10,
section 144. Of this amount, $1,400,000
is for the opioid abuse prevention pilot project through CHI St. Gabriel's
Health Family Medical Center, also known as Unity Family Health Care. $600,000 is for Project Echo through CHI St. Gabriel's
Health Family Medical Center for e-learning sessions centered around opioid
case management and best practices for opioid abuse prevention. This is a onetime appropriation.
(d) Prescription Drug Deactivation And Disposal. $1,000,000 in fiscal year 2019 is to
provide grants to prescription drug dispensers and health care providers to
purchase omnidegradeable, at-home prescription drug deactivation and disposal
products to assist individuals in the disposal of prescription drugs in a safe,
environmentally sound manner. Grant
awards shall not exceed $25,000 per dispenser or provider, or $100,000 for
applicants applying on behalf of a group of dispensers or providers. Grant recipients must provide these
deactivation and disposal products free of charge to members of the public. In awarding grants, the commissioner shall
give priority to regions of the state with the highest rates of opioid
overdoses and opioid-related deaths. This
is a onetime appropriation.
Sec. 5. DEPARTMENT
OF EDUCATION |
|
$0 |
|
$400,000 |
For
Jake's Sake Foundation. (a)
$400,000 in fiscal year 2019 is for a grant to the For Jake's Sake Foundation
to collaborate with school districts throughout Minnesota to integrate
evidence-based
substance
misuse prevention instruction on the dangers of substance misuse, particularly
the use of opioids, into school district programs and curricula, including
health education curricula.
(b) Funds appropriated in this section are to:
(1) identify effective substance misuse prevention tools
and strategies, including innovative uses of technology and media;
(2) develop and promote a comprehensive substance misuse
prevention curriculum for students in grades 5 through 12 that educates
students and families about the dangers of substance misuse;
(3) integrate substance misuse prevention into curricula
across subject areas;
(4) train school district teachers, athletic coaches, and
other school staff in effective substance misuse prevention strategies; and
(5) collaborate with school districts to evaluate the
effectiveness of districts' substance misuse prevention efforts.
(c) By February 15, 2019, the grantee must submit a report
detailing expenditures and outcomes of the grant to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over
kindergarten through grade 12 education policy and finance. The report must identify the school districts
that have implemented or plan to implement the substance misuse prevention
curriculum.
(d) The department may retain up to five percent of the
appropriation amount to administer the grant program and assist school
districts with implementation of substance misuse prevention instruction.
Sec. 6. HEALTH
RELATED BOARDS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$0 |
|
$985,000 |
Appropriations
by Fund |
||
|
2018 |
2019 |
General |
0 |
965,000 |
State
Government Special Revenue |
0 |
20,000 |
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Subd. 2. Board
of Dentistry |
|
0 |
|
5,000 |
Continuing Education. $5,000 in fiscal year 2019 is from the
state government special revenue fund for costs associated with continuing
education on prescribing opioids and controlled substances. This is a onetime appropriation.
Subd. 3. Board
of Nursing |
|
0 |
|
5,000 |
Continuing Education. $5,000 in fiscal year 2019 is from the
state government special revenue fund for costs associated with continuing
education on prescribing opioids and controlled substances. This is a onetime appropriation.
Subd. 4. Board
of Optometry |
|
0 |
|
5,000 |
Continuing Education. $5,000 in fiscal year 2019 is from the
state government special revenue fund for costs associated with continuing
education on prescribing opioids and controlled substances. This is a onetime appropriation.
Subd. 5. Board
of Pharmacy |
|
0 |
|
965,000 |
Prescription
Monitoring Program and Electronic Health Records. $965,000 in fiscal year 2019 is from
the general fund to integrate the prescription monitoring program database with
electronic health records on a statewide basis.
The integration of access to the prescription monitoring database with
electronic health records shall not modify any requirements or procedures in
Minnesota Statutes, section 152.126, regarding the information that must be
reported to the database, who can access the database and for what purpose, and
the data classification of information in the database, and shall not require a
prescriber to access the database prior to issuing a prescription for a
controlled substance. The board may use
this funding to contract with a vendor for technical assistance, provide grants
to health care providers, and to make any necessary technological modifications
to the prescription monitoring program database. This funding does not cancel and is available
until expended. This is a onetime
appropriation.
Subd. 6. Board
of Podiatric Medicine |
|
0 |
|
5,000 |
Continuing Education. $5,000 in fiscal year 2019 is from the
state government special revenue fund for costs associated with continuing
education on prescribing opioids and controlled substances. This is a onetime appropriation.
Sec. 7. DUPLICATE APPROPRIATIONS.
If an appropriation in this act is enacted more than once in the 2018 legislative session, the appropriation must be given effect only once."
Amend the title as follows:
Page 1, line 3, delete everything after the semicolon and insert "establishing the opioid addiction prevention and treatment account"
Page 1, line 4, delete everything before the semicolon
Page 1, line 5, after the first semicolon, insert "modifying provisions related to opioid addiction prevention, education, research, intervention, treatment, and recovery;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The report was
adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 4437, A bill for an act relating to transportation finance; proposing a constitutional amendment to the Minnesota Constitution, article XIV, to allocate state general sales tax revenue related to motor vehicle repair and replacement parts exclusively to fund roads; making conforming and technical changes; amending Minnesota Statutes 2017 Supplement, section 297A.94; proposing coding for new law as Minnesota Statutes, chapter 160A.
Reported the same back with the recommendation that the bill be placed on the General Register.
The report was
adopted.
Anderson, S., from the Committee on State Government Finance to which was referred:
S. F. No. 2620, A bill for an act relating to retirement; benefit and contribution changes for Minnesota statewide and major local public employee retirement plans; increasing contribution rates; reducing certain postretirement adjustment rates; modifying investment return assumptions; extending amortization target dates; reducing deferred annuities augmentation; requiring a study on postretirement adjustments; making administrative changes to the Minnesota State Retirement System, Teachers Retirement Association, Public Employees Retirement Association, and St. Paul Teachers Retirement Fund Association; clarifying refund repayment procedures; modifying executive director credentials; clarifying service requirements; revising appeal procedures; modifying service credit purchase procedures; establishing new procedures for disability applications due to private disability insurance requirements; clarifying disability benefit payment provisions; modifying annual benefit limitations for federal tax code compliance; authorizing use of IRS correction procedures; clarifying benefit offsets for certain refund payments; clarifying police and fire plan coverage for certain Hennepin Healthcare System supervisors; modifying various economic actuarial assumptions; authorizing the transfer of assets and members from the voluntary statewide volunteer firefighter retirement plan to a volunteer firefighter relief association; adopting recommendations of the Volunteer Firefighter Relief Association working group; increasing the lump-sum service pension maximum and lowering certain vesting requirements for the Eden Prairie Volunteer Firefighters Relief Association; modifying the Brook Park volunteer firefighters service pension level; permitting alternative allocation of fire state aid for the city of Austin; establishing a fire state aid work group; extending a reporting deadline for the Clearbrook Fire Department Relief Association; clarifying a 1992 session law for the Swift County-Benson Hospital; modifying various Department of Human Services and Department of Corrections employment classifications eligible for
correctional retirement coverage; revising augmentation interest rates for certain terminated privatized employees; adopting definition of the Hometown Heroes Act related to public safety officer death benefits; modifying defined contribution plans to allow certain distributions; allowing service credit purchase and rule of 90 eligibility for certain Minnesota Department of Transportation employees; expanding investment authority for the Hennepin County Supplemental Retirement Plan; authorizing certain MnSCU employees to elect retroactive and prospective TRA coverage; authorizing a MnSCU employee to transfer past service from IRAP to PERA; increasing maximum employer contribution to a supplemental laborers pension fund; exempting certain laborers groups from coverage; authorizing certain additional sources of retirement plan funding; making technical and conforming changes; authorizing direct state aid to the public employees police and fire retirement plan and the St. Paul Teachers Retirement Fund Association; modifying pension adjustment revenue provisions; appropriating money; amending Minnesota Statutes 2016, sections 3A.02, subdivision 4; 3A.03, subdivisions 2, 3; 16A.14, subdivision 2a; 126C.10, subdivision 37; 352.01, subdivisions 2a, 13a; 352.017, subdivision 2; 352.03, subdivisions 5, 6; 352.04, subdivisions 2, 3, 8, 9; 352.113, subdivisions 2, 4, 14; 352.116, subdivision 1a; 352.22, subdivisions 2, 3, by adding subdivisions; 352.23; 352.27; 352.91, subdivisions 3f, 3g, by adding a subdivision; 352.92, subdivisions 1, 2, by adding a subdivision; 352.955, subdivision 3; 352B.013, subdivision 2; 352B.02, subdivisions 1a, 1c; 352B.08, by adding a subdivision; 352B.085; 352B.086; 352B.11, subdivision 4; 352D.02, subdivisions 1, 3; 352D.04, subdivision 2; 352D.05, subdivision 4; 352D.085, subdivision 1; 352D.11, subdivision 2; 352D.12; 352F.04, subdivisions 1, 2, by adding a subdivision; 353.01, subdivisions 2b, 10, 16, 43, 47; 353.012; 353.0162; 353.03, subdivision 3; 353.27, subdivisions 7a, 12, 12a, 12b; 353.28, subdivision 5; 353.29, subdivisions 4, 7; 353.30, subdivisions 3c, 5; 353.32, subdivisions 1, 4; 353.34, subdivisions 2, 3; 353.35, subdivision 1; 353.37, subdivision 1; 353.64, subdivision 10; 353.65, subdivisions 2, 3, by adding a subdivision; 353D.07; 353F.02, subdivision 5a; 353F.025, subdivision 2; 353F.04, subdivision 2; 353F.05; 353F.057; 353F.06; 353F.07; 353G.01, subdivision 9, by adding a subdivision; 353G.02, subdivision 6; 353G.03, subdivision 3; 353G.08, subdivision 3; 353G.11, subdivision 1; 354.05, subdivision 2, by adding a subdivision; 354.06, subdivisions 2, 2a; 354.095; 354.42, subdivisions 2, 3; 354.435, subdivision 4; 354.436, subdivision 3; 354.44, subdivisions 3, 6, 9; 354.45, by adding a subdivision; 354.46, subdivision 6; 354.48, subdivision 1; 354.49, subdivision 2; 354.50, subdivision 2; 354.51, subdivision 5; 354.512; 354.52, subdivisions 4, 4d; 354.53, subdivision 5; 354.55, subdivision 11; 354.66, subdivision 2; 354.72, subdivisions 1, 2; 354A.011, subdivisions 3a, 29; 354A.093, subdivisions 4, 6; 354A.095; 354A.096; 354A.12, subdivisions 1, 1a, 2a, 3a, 3c, 7; 354A.29, subdivision 7; 354A.31, subdivisions 3, 5, 6, 7; 354A.34; 354A.35, subdivision 2; 354A.36, subdivision 4; 354A.37, subdivisions 2, 3; 354A.38; 356.195, subdivision 2; 356.215, subdivisions 9, 11; 356.24, subdivision 1; 356.30, subdivision 1; 356.32, subdivision 2; 356.415, subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1f, by adding a subdivision; 356.44; 356.47, subdivisions 1, 3; 356.50, subdivision 2; 356.551, subdivision 2; 356.635, subdivision 10, by adding subdivisions; 356.645; 356.96, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 356A.06, subdivision 7; 383B.47; 383B.48; 383B.49; 383B.50; 423A.02, subdivisions 3, 5; 423A.022, subdivision 5; 424A.001, subdivisions 2, 3, 10, by adding a subdivision; 424A.002, subdivision 1; 424A.01, subdivisions 1, 5, 6, by adding subdivisions; 424A.015, subdivision 1, by adding a subdivision; 424A.016, subdivision 2; 424A.02, subdivisions 1, 3a, 7; 424A.04, subdivision 1; 424A.07; 424A.091, subdivision 3; 424A.094, subdivision 3; 424A.10, subdivision 1; 424B.20, subdivision 4; 490.121, subdivisions 4, 25, 26; 490.1211; 490.123, by adding a subdivision; 490.124, subdivision 12; Minnesota Statutes 2017 Supplement, sections 353.27, subdivision 3c; 356.215, subdivision 8; Laws 1992, chapter 534, section 10, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 353F; 353G; 356; 424A; repealing Minnesota Statutes 2016, sections 3A.12; 352.04, subdivision 11; 352.045; 352.72; 352B.30; 353.0161; 353.27, subdivision 3b; 353.34, subdivision 6; 353.71; 354.42, subdivisions 4a, 4b, 4c, 4d; 354.60; 354A.12, subdivision 2c; 354A.29, subdivisions 8, 9; 354A.39; 356.611, subdivisions 3, 3a, 4, 5; 356.96, subdivisions 14, 15; 424A.02, subdivision 13; Laws 2008, chapter 349, article 8, section 4.
Reported the same back with the following amendments:
Page 179, after line 1, insert:
"Sec. 25. Minnesota Statutes 2016, section 424B.20, is amended by adding a subdivision to read:
Subd. 4a. Disposition
of surplus assets upon dissolution of certain volunteer firefighters relief
associations. Notwithstanding
any provision to the contrary in subdivision 4, if a volunteer firefighters
relief association provides a lump-sum service pension equal to $9,500 or more
for each year of service as of the effective date of this section, upon
dissolution under this section and payment of the last service pension or
benefit due and owing, any remaining assets in the trust fund cancel as
follows:
(1) if the municipality was required to make
contributions to the relief association under chapter 424A at any time during
the ten years preceding the effective date of this section, the remaining
assets cancel to the general fund of the municipality; or
(2) if the municipality was not required to make
contributions to the relief association under chapter 424A at any time during
the ten years preceding the effective date of this section, the remaining
assets cancel to the general fund of the state.
EFFECTIVE DATE. This section is effective the day following final enactment and applies to dissolutions initiated retroactive to May 8, 2018."
Page 187, after line 3, insert:
"Sec. 29. CERTAIN VOLUNTEER FIREFIGHTERS RELIEF
ASSOCIATION SERVICE PENSIONS.
(a) As used in this section, "qualifying volunteer
firefighters relief association" means a volunteer firefighters relief
association with a funding ratio of greater than 100 percent as of the most
recent fiscal year end, and which provides a lump sum pension benefit based on
a lump sum pension amount equal to $9,500 or more, as of the effective date of
this section. For purposes of this
section, "qualifying volunteer firefighters relief association" does
not include an association whose maximum lump-sum pension amount is
specifically established by other provisions of this bill.
(b) Notwithstanding any provision of Minnesota Statutes,
section 424A.02, subdivision 3, paragraph (d), to the contrary, the maximum
lump-sum pension amount for each year of service credited that may be provided
for in the bylaws of a qualifying volunteer firefighters relief association is
the maximum service pension figure corresponding to the average amount of
available financing per active covered firefighter for the applicable specified
period:
(c) The maximum monthly service pension
amount per month for each year of service credited that may be provided for in
the bylaws of the volunteer firefighters relief association must be set
pursuant to Minnesota Statutes, section 424A.02, subdivision 3, paragraph (c).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. MAPLEWOOD
FIREFIGHTERS RELIEF ASSOCIATION; TERMINATION AND DISSOLUTION.
(a) Notwithstanding any provision of
Minnesota Statutes, chapters 424A, 424B, or any other law to the contrary, the
Maplewood Firefighters Relief Association will be dissolved and its pension
plan terminated in accordance with the provisions of this section following the
payment by the relief association of all benefit obligations to all members and
deferred members, the discharge of any other legal obligations, and the
distribution of all remaining assets of the relief association.
(b) Each member of the Maplewood
Firefighters Relief Association who was employed as a volunteer firefighter by
the Maplewood Fire Department on February 27, 2018, shall become 100 percent
vested in the member's retirement benefit determined by taking into account each
full year of service and fractional year of service, as defined in the bylaws
of the relief association, until the member's separation from service as a
volunteer firefighter. The member will
be considered a retired member of the relief association.
(c)
Each of the members specified in paragraph (b) is entitled to a lump sum
benefit in an amount equal to $11,000 multiplied by the number of full and
fractional years of service earned by the member.
(d) Prior to the distribution of
benefits under this section, the Maplewood Firefighters Relief Association
shall amend its bylaws to reestablish a defined benefit lump sum service
pension plan that provides the benefits described in this section and shall
rescind any bylaws inconsistent with this section. The relief association may amend its bylaws
to incorporate any provisions necessary to satisfy tax qualification
requirements under the Internal Revenue Code and make any other changes
necessary to permit members to elect a direct rollover of their benefit into a
retirement account. Any bylaws amendment
shall be approved by a majority of the members of the relief association in
attendance at a meeting of the membership held to consider the bylaws
amendment.
(e) Prior to dissolution, the Maplewood
Firefighters Relief Association shall:
(1) distribute the retirement benefits
of all members and deferred members in the form of a lump sum payment or direct
rollover, regardless of the age of the member or deferred member, and otherwise
in accordance with this section and the bylaws of the relief association
discharge all pension benefit obligations;
(2) to the extent authorized under
Minnesota Statutes, section 424A.05, subdivision 3, discharge any other legal
obligation the relief association owes to any other party; and
(3) pay a supplemental lump sum benefit
to each member and survivor who satisfies the requirements of Minnesota
Statutes, section 424A.10, subdivision 2, except that, notwithstanding any
requirements in Minnesota Statutes, section 424A.10, subdivision 2, to the
contrary, the benefit shall be paid to a member only if the member had attained
at least age 50 as of the date the member received a distribution of the
member's retirement benefit under clause (1).
(f) The city of Maplewood shall file for
and receive reimbursement pursuant to Minnesota Statutes, section 424A.10,
subdivision 3, of supplemental benefits paid to any member who had attained at
least age 50 as of the date the member received a distribution of the member's
retirement benefit under paragraph (e) and to any survivor and deposit the
reimbursement in the city's general fund.
(g) Upon completion of paragraphs (b)
through (e), the Maplewood Firefighters Relief Association shall be dissolved
and its affairs wound up in accordance with Minnesota Statutes, section
424B.20, subdivision 5.
(h) Upon dissolution of the Maplewood
Firefighters Relief Association:
(1) the remaining balance in the relief
association special fund shall be transferred to the city of Maplewood general
fund and none of the relief association special fund may be transferred to the
relief association general fund;
(2) the remaining balance in the relief
association general fund shall be distributed in equal shares to all members;
and
(3) if the relief association files the
financial report and audit required under Minnesota Statutes, section 69.051,
subdivision 1, and the state auditor files the certification regarding the
relief association with the commissioner of revenue pursuant to Minnesota
Statutes, section 6.495, subdivision 3, the Department of Revenue shall pay the
fire state aid under Minnesota Statutes, chapter 69, for calendar year 2017 to
the city of Maplewood.
EFFECTIVE
DATE; LOCAL APPROVAL. The
provisions of this section shall take effect only if approved within 45 days of
the enactment of this section by:
(1) the board of trustees of the
Maplewood Firefighters Relief Association;
(2)
a majority of the members of the relief association in attendance at a meeting
of the membership to consider this section; and
(3) the Maplewood city council."
Page 187, after line 11, insert:
"Sec. 32. RELIEF
ASSOCIATION WORK GROUP.
(a) The executive director of the
Legislative Commission on Pensions and Retirement shall convene a work group
immediately following the end of the regular 2018 legislative session to study
the following:
(1) the statutes governing conversions
from a defined benefit plan to a defined contribution plan and aspects of such
conversions that are not addressed or that are addressed by statutes that are
ambiguous or unclear;
(2) the statutes governing dissolution
of relief associations and the disposition of surplus assets;
(3) the prevalence of overfunded
defined benefit relief associations in the state and the status of transitions
underway at fire departments in the state from using the services of volunteer
firefighters to employing salaried firefighters;
(4) alternatives for determining
accrued benefits, vesting, and surplus assets upon conversion and for
allocating surplus assets among firefighters, the affiliated municipality, or
the state in the form of a reversion of fire state aid;
(5) alternatives for legislation that
amends or supplements the statutes identified in clauses (1) and (2); and
(6) any related issues identified by
the work group.
(b) Members of the work group shall
include as many of the following individuals as are available, not to exceed
twelve individuals:
(1) at least two municipal officials,
each from a municipality with an affiliated defined benefit relief association,
designated by the League of Minnesota Cities;
(2) one representative from the League
of Minnesota Cities;
(3) at least two fire chiefs,
designated by the Minnesota State Fire Chiefs Association, from fire departments
that use both volunteers covered by a defined benefit relief association and
salaried firefighters covered by the public employees police and fire
retirement plan;
(4) at least two active volunteer
firefighters covered by a defined benefit relief association, designated by the
Minnesota State Fire Departments Association;
(5) a fire chief or volunteer of an
independent nonprofit firefighting corporation affiliated with a defined
benefit relief association;
(6) one representative of the Office of
the State Auditor, designated by the state auditor; and
(7) any other individual or individuals
designated by the Legislative Commission on Pensions and Retirement.
(c)
Participation in the activities of the work group shall not be considered
lobbying under Minnesota Statutes, chapter 10A.
A municipality or relief association may not retaliate against an
individual because of the individual's participation in the work group.
(d) The work group shall elect a chair
from among its members.
(e) The work group shall submit a
report by December 31, 2018, that summarizes the findings of the work group and
provides the work group's recommendations to the chair and vice-chair of the
Legislative Commission on Pensions and Retirement.
(f) The work group shall disband as of
the end of the 2019 legislative session and any special session thereafter.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 20, after the semicolon, insert "modifying certain provisions for volunteer firefighter relief associations;"
Page 1, line 25, after the semicolon, insert "establishing a relief association working group;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 1180, 1440 and
4437 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. Nos. 893, 2869 and
2949 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Drazkowski and Scott introduced:
H. F. No. 4497, A bill for an act relating to public safety; authorizing law enforcement agencies to terminate peace officers who have substantiated incidents of dishonest conduct; proposing coding for new law in Minnesota Statutes, chapter 626.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Clark and Allen introduced:
H. F. No. 4498, A bill for an act relating to economic development; appropriating money for youth development programs in Little Earth.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Kunesh-Podein, Clark and Allen introduced:
H. F. No. 4499, A bill for an act relating to capital investment; appropriating money for Cedar Avenue public safety improvements; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Allen and Clark introduced:
H. F. No. 4500, A bill for an act relating to public safety; creating the Native American juvenile crime account; establishing grants to address Native American juvenile crime; amending Minnesota Statutes 2016, section 624.714, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299A.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Freiberg; Bahr, C.; Drazkowski; Munson; Liebling; Hornstein; Rosenthal; Garofalo and Lucero introduced:
H. F. No. 4501, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution expanding the prohibition on laws embracing more than one subject.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Franke and Clark introduced:
H. F. No. 4502, A bill for an act relating to education; health; requiring school districts to conduct radon testing; amending Minnesota Statutes 2016, section 123B.571.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Zerwas introduced:
H. F. No. 4503, A bill for an act relating to workers' compensation; modifying coverage for injury due to intoxication; amending Minnesota Statutes 2016, section 176.021, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Zerwas, Hoppe and Anderson, S., introduced:
H. F. No. 4504, A bill for an act relating to workers' compensation; modifying plan requirements; amending Minnesota Statutes 2016, section 176.1351, subdivision 1.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Anderson, S., introduced:
H. F. No. 4505, A bill for an act relating to workers' compensation; extending the commencement of compensation for temporary total or temporary partial disability; amending Minnesota Statutes 2016, section 176.121.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
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 Files, herewith transmitted:
S. F. Nos. 730, 2978 and
3168.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING
OF SENATE BILLS
S. F. No. 730, A bill for an act relating to health; establishing an opiate stewardship program; establishing an opiate manufacturer registration fee to fund the operation of the prescription monitoring program; requiring a prescriber to access the prescription monitoring program before prescribing a controlled substance; limiting the quantity of opiates and narcotics that can be prescribed for acute pain at any one time; appropriating money;
requiring a report; amending Minnesota Statutes 2016, sections 151.01, subdivision 27; 151.252, subdivision 1; 151.47, by adding a subdivision; 152.11, subdivisions 1, 2; 152.126, subdivisions 6, 10; Laws 2017, First Special Session chapter 6, article 12, section 2, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 151.
The bill was read for the first time.
Baker moved that S. F. No. 730 and H. F. No. 1440, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2978, A bill for an act relating to state government; specifying requirements for state auditor's review of certain audits conducted by CPA firms; amending Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3.
The bill was read for the first time and referred to the Committee on State Government Finance.
S. F. No. 3168, A bill for an act relating to state lands; modifying lease provisions; modifying requirements of public land sales; providing for certain local land use; adding to and deleting from state parks and forests; providing for sales and conveyances of interests in state lands; amending Minnesota Statutes 2016, sections 92.50, by adding a subdivision; 92.502; 94.10, subdivision 2; Minnesota Statutes 2017 Supplement, section 89.17; Laws 2015, chapter 25, section 7; Laws 2017, chapter 93, article 2, section 155, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 103F; repealing Laws 2008, chapter 368, article 1, section 21, subdivision 2.
The bill was read for the first time.
Johnson, C., moved that S. F. No. 3168 and H. F. No. 3424, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Peppin 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 Speaker pro tempore Albright.
Lesch was excused between the hours of
12:40 p.m. and 3:05 p.m.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Peppin 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 Wednesday, May 16,
2018 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 327;
H. F. Nos. 3610, 3674, 1481 and 3611;
S. F. Nos. 2869 and 893; H. F. Nos. 3463 and
3202; S. F. No. 3638; and H. F. No. 3838.
CALENDAR
FOR THE DAY
H. F. No. 4404 was reported
to the House.
Grossell moved to amend H. F. No. 4404, the second engrossment, as follows:
Page 27, delete section 17 and insert:
"Sec. 17. VETERANS
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$36,000,000 |
To the commissioner of administration for the purposes
specified in this section.
Subd. 2. Asset
Preservation |
|
|
|
10,000,000 |
For asset preservation improvements and betterments of a
capital nature at veterans homes in Minneapolis, Hastings, Fergus Falls, Silver
Bay, and Luverne, and the Little Falls Cemetery, to be spent in accordance with
Minnesota Statutes, section 16B.307.
Subd. 3. New
Veterans Homes |
|
|
|
26,000,000 |
(a) $26,000,000 must be transferred to the unrestricted
general fund from the general stadium reserve account established by the
commissioner of management and budget under Minnesota Statutes, section
297E.021, no later than June 30, 2019. This
is a onetime transfer.
(b) $26,000,000 in fiscal year 2019 is appropriated from
the general fund as follows:
(1) $10,000,000 is to design, construct, furnish, and equip
a veterans home in Preston;
(2) $6,000,000 is to design, construct, furnish, and equip
a veterans home in Montevideo; and
(3) $10,000,000 is to design, construct, furnish, and equip
a veterans home in Bemidji.
(c) These veterans homes are subject to the requirements of
the People's Veterans Homes Act, as provided in subdivision 4. This is a onetime appropriation, and is
available until June 30, 2021. The
appropriations are not available until the commissioner of management and
budget, in consultation with the commissioner of veterans affairs, determines
that amounts sufficient to complete the projects are committed from nonstate
sources.
Subd. 4. Veterans
Homes Construction |
|
|
|
|
(a)
This subdivision may be cited as the "People's Veterans Homes Act."
(b) The commissioner of veterans affairs
may apply for federal funding and establish veterans homes with up to 140 beds
available to provide a continuum of care, including skilled nursing care, for
eligible veterans and their spouses in the following locations:
(1) Preston;
(2) Montevideo; and
(3) Bemidji.
(c) The state shall provide the necessary
operating costs for the veterans homes in excess of any revenue and federal
funding for the homes that may be required to continue the operation of the
homes and care for Minnesota veterans.
(d) The commissioner of administration may accept contributions of land or money from private individuals, businesses, local governments, veterans service organizations, and other nonstate sources for the purpose of providing matching funding when soliciting federal funding for the development of the homes authorized by this section."
A roll call was requested and properly
seconded.
Hortman moved to amend the Grossell amendment to H. F. No. 4404, the second engrossment, as follows:
Page 1, line 4, delete "36,000,000" and insert "51,000,000"
Page 1, delete subdivision 3 and insert:
"Subd. 3. New
Veterans Homes |
|
|
|
41,000,000
|
(a) $26,000,000 in fiscal year 2019 and
$15,000,000 in fiscal year 2020 must be transferred to the unrestricted general
fund from the general stadium reserve account established by the commissioner
of management and budget under Minnesota Statutes, section 297E.021. These are onetime transfers.
(b) $26,000,000 in fiscal year 2019 and
$15,000,000 in fiscal year 2020 are appropriated from the general fund to fully
fund the required 35 percent state match required by the federal government to achieve U.S. Department of Veterans Affairs
Priority List Group 1 status for capital projects for veterans' homes as
follows:
(1)
$10,000,000 in fiscal year 2019 and $6,000,000 in fiscal year 2020 to design,
construct, furnish, and equip a veterans home in Preston;
(2) $6,000,000 in fiscal year 2019 and
$3,000,000 in fiscal year 2020 to design, construct, furnish, and equip a
veterans home in Montevideo; and
(3) $10,000,000 in fiscal year 2019 and
$6,000,000 in fiscal year 2020 to design, construct, furnish, and equip a
veterans home in Bemidji.
(c) These veterans homes are subject to the requirements of the People's Veterans Homes Act, as provided in subdivision 4. This is a onetime appropriation, and is available until June 30, 2022. The appropriations are not available until the commissioner of management and budget, in consultation with the commissioner of veterans affairs, determines that amounts sufficient to complete the projects are committed from nonstate sources."
A roll call was requested and properly
seconded.
The question was taken on the Hortman
amendment to the Grossell amendment and the roll was called. There were 124 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Grossell
amendment, as amended, and the roll was called.
There were 124 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The motion
prevailed and the amendment, as amended, was adopted.
Hansen moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:
Page 34, after line 5, insert:
"Subd. 20. West St. Paul - Robert Street Reimbursement |
|
|
1,000,000 |
$500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 are from the general fund for a grant to the city of West St. Paul to reimburse the city for capital expenditures related to the acquisition, equipping, and installation of traffic signals necessary for the reconstruction of marked Trunk Highway 952A (Robert Street). This appropriation does not require a local match."
Page 65, delete section 32
Renumber the sections and subdivisions in sequence and correct the internal references
Amend the title accordingly
Adjust amounts accordingly
A roll call was requested and properly
seconded.
CALL
OF THE HOUSE
On the motion of Hortman and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
All members answered to the call and it
was so ordered.
The question recurred on the Hansen
amendment and the roll was called. There
were 53 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Barr, R.
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Jurgens
Koegel
Kunesh-Podein
Lee
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sauke
Schultz
Sundin
Wagenius
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Munson
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
CALL OF
THE HOUSE LIFTED
Peppin moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
Hansen moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:
Page 24, line 28, delete "5,000,000" and insert "3,475,000"
Page 35, after line 35, insert:
"Subd. 5. West
St. Paul Infrastructure |
|
|
|
1,525,000
|
For a grant to the city of West St. Paul. Of this amount, up to $300,000 is to design upgrades of Lift Stations 2, 3, 4, and 6, including replacement of the force mains; and up to $1,225,000 is for upgrades to Lift Station 1 and to replace the force main. This project includes predesign, design, acquisition, and installation of replacement equipment, fixtures, and controls, and to predesign, design, and construct improvements to the Lift Station 1 building itself, and to construct a wet well outside of the building."
Adjust amounts accordingly
The
motion did not prevail and the amendment was not adopted.
Urdahl moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:
Page 13, delete subdivision 6 and insert:
"Subd. 6. Elk
River - Lake Orono |
|
|
|
1,500,000
|
For a grant to the city of Elk River to dredge Lake Orono."
Page 14, line 17, delete "20,300,000" and insert "13,800,000"
Page 15, line 11, delete "7,000,000" and insert "500,000"
Page 16, after line 17, insert:
"(e) Of this appropriation, up to $1,000,000 may be used to acquire working lands easements."
Page 21, line 7, delete "91,921,000" and insert "90,721,000"
Page 22, after line 14, insert:
"Of this amount, $9,000,000 is for a grant to Carver County following a jurisdictional transfer to Carver County of the affected segment of marked Trunk Highway 101. The appropriation may be used for design, right-of-way acquisition, engineering, and reconstruction of the segment transferred to the county that is between Pioneer Trail and Flying Cloud Drive, including grade separation of a multipurpose pedestrian and bicycle trail from the segment for the Minnesota River Bluffs Regional Trail and a regional trail along marked Trunk Highway 101."
Page 22, delete lines 18 to 29 and insert:
"For design, right-of-way acquisition, construction engineering, construction, and equipping the interchange at Hennepin County State-Aid Highway 9 and marked Interstate Highway 494, including replacing the County State-Aid Highway 9 bridge over marked Interstate Highway 494 and the ramps connecting County State-Aid Highway 9 and marked Interstate Highway 494, notwithstanding any provisions of Minnesota Statutes, section 174.52, or rule to the contrary. Of this appropriation, $5,360,000 is from the bond proceeds account in the state transportation fund for a grant to the city of Plymouth, Hennepin County, or both, and $5,360,000 is from the bond proceeds account in the trunk highway fund."
Page 23, after line 2, insert:
"Subd. 5. Rail
Crossing Improvements |
|
|
|
1,200,000
|
For one or more grants to Hennepin County or the affected city in the county to construct railroad crossing safety improvements in Hennepin County. Of this amount, $350,000 is for crossings at Townline Road and marked County Road 19 in the city of Loretto; $450,000 is for crossings at marked Road 116/County Road 115 and Arrowhead Drive in the city of Medina; and $400,000 is for crossings at East Lake Street and Barry Avenue in the city of Wayzata."
Page 25, line 34, delete "54,650,000" and insert "56,850,000"
Page 26, after line 9, insert:
"Subd. 3. St. Peter Regional Treatment Center Campus - Dietary Building HVAC and Electrical Replacement |
|
|
2,200,000
|
To predesign, design, engineer, and renovate the mechanical and electrical systems in the Dietary Building on the St. Peter Regional Treatment Center campus, including: the upgrade, replacement, and improvement of existing heating and ventilation equipment; installation of air-conditioning equipment; replacement of the building's outdated and undersized electrical system; design and abatement of asbestos and hazardous materials; and structural, site, and utility work necessary to support the project."
Page 27, line 2, after the period, insert "The city of Minneapolis may operate a center providing services for Minnesota victims of sex trafficking; trauma-informed counseling services; early learning programming and therapeutic childcare; and statewide training for professionals and community leaders."
Page 31, after line 26, insert:
"Subd. 13. Minneapolis
American Indian Center |
|
|
|
5,000,000
|
From the general fund for a grant to design, construct, furnish, and equip the renovation and expansion of the center on Franklin Avenue. This project includes: demolition work; improvements and additions to, or replacement of, the mechanical, electrical, plumbing, heating, ventilating, and air conditioning systems; repairs to the existing roof and exterior enclosure; required site improvements; general renovation of interior spaces; and expansion of the cafe space, the event spaces, and the performance spaces."
Page 36, line 2, delete "6,700,000" and insert "10,000,000"
Page 39, after line 4, insert:
"Sec. 27. TRUNK
HIGHWAY BOND APPROPRIATIONS, AUTHORIZATION TAKE EFFECT ONLY ONCE.
If an appropriation from the bond proceeds account in the trunk highway fund, and a corresponding authorization to sell trunk highway bonds, for the same purpose as in this act is enacted more than once in the 2018 legislative session, the appropriation and bond sale authorization must be given effect only once. If the appropriation and authorization for the same purpose are for different amounts, the highest of the amounts is the one to be given effect."
Renumber the subdivisions and sections in sequence and correct the internal references
Amend the title accordingly
Adjust amounts accordingly
A roll call was requested and properly
seconded.
Urdahl moved to amend the Urdahl amendment to H. F. No. 4404, the second engrossment, as amended, as follows:
Page 4, after line 9, insert:
"Page 53, after line 25, insert:
"Sec. 20. Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 3, is amended to read:
Subd. 3. State
Roads |
|
|
|
|
(a) Operations and Maintenance |
|
340,475,000 |
|
329,435,000 |
The base is $317,102,000 in fiscal year 2020 and $310,889,000 in fiscal year 2021.
(b) Program Planning and Delivery |
|
|
|
|
(1) Planning and Research |
|
34,107,000 |
|
32,403,000 |
If a balance remains of this appropriation, the commissioner may transfer up to that amount for program delivery under clause (2).
Up to $600,000 in the first year is for the highway construction costs and cost inflation study under article 3, section 133. This is a onetime appropriation.
$130,000 in each year is available for administrative costs of the targeted group business program.
$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.
$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available:
(1) to regional development commissions;
(2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and
(3) in regions where no regional development commission or joint powers board is functioning, to the Department of Transportation district office for that region.
The base is $31,375,000 in fiscal year 2020 and $30,858,000 in fiscal year 2021.
(2)
Program Delivery |
|
229,148,000 |
|
222,845,000 |
This appropriation includes use of consultants to support development and management of projects.
Up to $140,000 in the first year is for development, implementation, and reporting on project selection policy under article 3, section 124. This is a onetime appropriation.
$1,000,000 in each year is available for management of contaminated and regulated material on property owned by the Department of Transportation, including mitigation of property conveyances, facility acquisition or expansion, chemical release at maintenance facilities, and spills on the trunk highway system where there is no known responsible party. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
The base is $214,623,000 in fiscal year 2020 and $210,481,000 in fiscal year 2021.
(c) State Road Construction |
|
1,003,010,000 |
|
884,101,000 |
This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, consultant usage to support these activities, and the cost of actual payments to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
This appropriation includes federal highway aid.
The commissioner may expend up to one-half of one percent of the federal appropriations under this paragraph as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction.
The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects.
The base is $864,295,000 in fiscal year 2020 and $849,282,000 in fiscal year 2021.
(d)
Corridors of Commerce |
|
25,000,000 |
|
25,000,000 |
This appropriation is for the corridors of commerce program under Minnesota Statutes, section 161.088.
The commissioner may use up to 17 percent of the amount each year for program delivery.
(e) Highway Debt Service |
|
224,079,000 |
|
|
$214,579,000 in fiscal year 2018 and $232,825,000
$235,291,000 in fiscal year 2019 are for transfer to the state bond fund. If this appropriation is insufficient to make
all transfers required in the year for which it is made, the commissioner of
management and budget must transfer the deficiency amount under the statutory
open appropriation and notify the chairs, ranking minority members, and staff
of the legislative committees with jurisdiction over transportation finance and
the chairs of the senate Finance Committee and the house of representatives
Ways and Means Committee of the amount of the deficiency. Any excess appropriation cancels to the trunk
highway fund.
(f) Statewide Radio Communications |
|
5,648,000 |
|
5,829,000 |
Appropriations by Fund |
||
|
2018 |
2019 |
General |
3,000 |
3,000 |
Trunk Highway |
5,645,000 |
5,826,000 |
$3,000 in each year is from the general fund to equip and operate the Roosevelt signal tower for Lake of the Woods weather broadcasting.""
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment to the amendment was adopted.
Hortman offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT
OF ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hortman amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hortman amendment to the Urdahl amendment, as amended, out of order.
Hansen offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT OF
ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hansen amendment to the Urdahl amendment, as amended, out of order.
Hansen offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT OF
ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hansen amendment to the Urdahl amendment, as amended, out of order.
Hansen offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT OF
ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hansen amendment to the Urdahl amendment, as amended, out of order.
Pelowski was excused between the hours of
2:05 p.m. and 4:55 p.m.
Hansen offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT
OF ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hansen amendment to the Urdahl amendment, as amended, out of order.
Hansen offered an amendment to the Urdahl
amendment, as amended, to H. F. No. 4404, the second
engrossment, as amended.
POINT OF
ORDER
Kresha raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl
amendment, as amended, was not in order.
Speaker pro tempore Albright ruled the point of order well taken and the
Hansen amendment to the Urdahl amendment, as amended, out of order.
The question recurred on the Urdahl
amendment, as amended, and the roll was called.
There were 97 yeas and 29 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Carlson, L.
Christensen
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Hausman
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Masin
Maye Quade
McDonald
Miller
Munson
Murphy, M.
Nash
Neu
Newberger
Nornes
O'Driscoll
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Applebaum
Bly
Carlson, A.
Clark
Considine
Ecklund
Fischer
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Lien
Lillie
Marquart
Metsa
Moran
Murphy, E.
Nelson
Olson
Pinto
Poppe
Pryor
Rosenthal
Sauke
Schultz
Sundin
Wagenius
Youakim
The
motion prevailed and the amendment, as amended, was adopted.
The Speaker resumed the Chair.
H. F. No. 4404, A bill for
an act relating to capital investment; authorizing spending to acquire and
better public land and buildings and other improvements of a capital nature
with certain conditions; modifying previous appropriations; establishing new programs
and modifying existing programs; authorizing the sale and issuance of state
bonds; appropriating money; amending Minnesota Statutes 2016, sections 16A.86,
subdivision 4; 16B.335, subdivision 1; 16B.35, by adding a subdivision;
462A.37, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2017
Supplement, sections 219.016, subdivision 4; 222.49; 326B.124; 446A.073,
subdivision 1; 462A.37, subdivision 5; Laws 2009, chapter 93, article 1,
section 14, subdivision 3, as amended; Laws 2014, chapter 294, article 1,
sections 5, subdivision 3; 21, subdivision 12, as amended; 22, subdivision 5;
Laws 2014, chapter 295, section 9; Laws 2015, First Special Session chapter 5,
article 1, section 10, subdivision 3, as amended; Laws 2017, First Special Session chapter 3, article 1,
section 2, subdivision 3; Laws 2017, First Special Session chapter 8, article 1, sections 6, subdivision 6; 15, subdivisions 3,
6, 11, 13; 16, subdivision 7; 17, subdivision 9; 19, subdivision 3; 20,
subdivision 21; 21, subdivision 8; 23, subdivision 3; 27; proposing coding for
new law in Minnesota Statutes, chapters 174; 446A.
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 84 yeas and 39 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Dean, M.
Dettmer
Erickson
Fabian
Fenton
Flanagan
Franke
Franson
Freiberg
Garofalo
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Hausman
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Kunesh-Podein
Layman
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Murphy, M.
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Applebaum
Bahr, C.
Bernardy
Bly
Carlson, A.
Davnie
Dehn, R.
Drazkowski
Ecklund
Fischer
Green
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Koegel
Lee
Lien
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Munson
Murphy, E.
Nelson
Omar
Pinto
Pryor
Rosenthal
Sauke
Sundin
Wagenius
Youakim
The
bill was passed, as amended, and its title agreed to.
ANNOUNCEMENT
BY THE SPEAKER
PURSUANT TO RULE 1.15(c)
A message from the Senate has been
received requesting concurrence by the House to amendments adopted by the
Senate to the following House Files:
H. F. Nos. 2746 and 3548.
CALENDAR FOR
THE DAY, Continued
H. F. No. 3380 was reported
to the House.
Scott moved to amend H. F. No. 3380, the first engrossment, as follows:
Page 1, delete section 3
Page 2, delete section 4
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 3380, A
bill for an act relating to civil law; amending the definitions of owner and
rental agreement; clarifying property sale requirements for self-service
storage facilities; amending Minnesota Statutes 2016, sections 514.971,
subdivisions 3, 5; 514.973, subdivision 4.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Scott
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed, as amended, and its title agreed to.
Lillie; Murphy, E., and Scott were excused
for the remainder of today's session.
S. F. No. 3245, A bill for
an act relating to energy; modifying the energy improvements program; providing
consumer protections for residential property assessed clean energy (PACE)
loans; providing remedies; amending Minnesota Statutes 2016, sections 45.011,
subdivision 1; 46.04, subdivision 1; 46.131, subdivisions 1, 2, 4; 216C.435,
subdivisions 1, 2, 3a, 6, 8, by adding subdivisions; 216C.436, subdivisions 1,
2, 5, 7, 8, 9, by adding a subdivision; 290B.03, subdivision 1; 429.011,
subdivision 2a; 429.021, subdivision 1; 429.101, subdivision 1; 462A.05,
subdivision 14b; Minnesota Statutes 2017 Supplement, section 46.131,
subdivision 11; proposing coding for new law
in Minnesota Statutes, chapter 216C; repealing Minnesota Statutes 2016, section
216C.435, subdivision 5.
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 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lien
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The bill was
passed and its title agreed to.
H. F. No. 3221 was reported
to the House.
Garofalo moved to amend H. F. No. 3221, the first engrossment, as follows:
Page 6, after line 9, insert:
"Sec. 9. Minnesota Statutes 2016, section 204B.45, subdivision 1, is amended to read:
Subdivision 1. Authorization. A town of any size not located in a
metropolitan county as defined by section 473.121, or a city having fewer
than 400 registered voters on June 1 of an election year and not located in
a metropolitan county as defined by section 473.121, may provide balloting
by mail at any municipal, county, or state election with no polling place other
than the office of the auditor or clerk or other locations designated by the
auditor or clerk. The governing body may
apply to the county auditor for permission to conduct balloting by mail. The county board may provide for balloting by
mail in unorganized territory. The
governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of
the county auditor.
Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.
EFFECTIVE DATE. This section is effective January 1, 2019, and applies to elections conducted 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.
The Speaker called Albright to the Chair.
H. F. No. 3221, A bill for
an act relating to elections; making technical and policy changes to various
election and election administration provisions; amending Minnesota Statutes
2016, sections 201.225, subdivision 2; 203B.081, subdivisions 1, 2; 203B.121,
subdivision 4; 204B.35, by adding a subdivision; 204B.45, subdivision 1; 204B.46;
204C.21, subdivision 1; 204C.24, subdivision 1; 204C.36, subdivision 1;
204D.19, by adding a subdivision; 204D.21, subdivision 3; 204D.27, subdivision
5; 206.80; 206.86, by adding a subdivision; 206.90, subdivision 6; 207A.14,
subdivision 2; 367.25, subdivision 1; Minnesota Statutes 2017 Supplement,
sections 201.121, subdivision 3; 204B.09, subdivision 3; 204B.16, subdivision
1.
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 124 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Lien
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Munson
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Slocum
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Christensen
The
bill was passed, as amended, and its title agreed to.
H. F. No. 3799 was reported
to the House.
Hoppe moved to amend H. F. No. 3799, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2016, section 60B.03, subdivision 15, is amended to read:
Subd. 15. Insolvency or insolvent. "Insolvency" or "insolvent" means:
(a) For an insurer organized under sections 67A.01 to 67A.26, the inability to pay any uncontested debt as it becomes due.
(b) For purposes of a liquidation under
section 64B.43, subdivision 4, a fraternal authorized control level event under
circumstances the commissioner determines will not be promptly remedied
pursuant to the plan submitted under section 64B.43, subdivision 3, a society's
inability to pay its debts or meet its obligations as they mature, or that a
society's assets do not exceed its liabilities plus the greater of any surplus
required by law to be constantly maintained.
(b) (c) For any other insurer, that it is unable to pay its debts or meet its obligations as they mature or that its assets do not exceed its liabilities plus the greater of (1) any capital and surplus required by law to be constantly maintained, or (2) its authorized and issued capital stock. For purposes of this subdivision, "assets" includes one‑half of the maximum total assessment liability of the policyholders of the insurer, and "liabilities" includes reserves required by law. For policies issued on the basis of unlimited assessment liability, the maximum total liability, for purposes of determining solvency only, shall be deemed to be that amount that could be obtained if there were 100 percent collection of an assessment at the rate of ten mills per dollar of insurance written by it and in force.
Sec. 2. Minnesota Statutes 2016, section 64B.19, subdivision 4a, is amended to read:
Subd. 4a. Notice
of extra assessments. In the event
that a society intends to make extra assessments, as provided in subdivision 4,
it shall provide notice of the assessments it plans to make to the
commissioner, and to the commissioner insurance regulator of its
state of domicile if it is a foreign society, at least 90 days before the
effective date of the assessments.
Sec. 3. Minnesota Statutes 2016, section 64B.19, is amended by adding a subdivision to read:
Subd. 4b. Disapproval. Within 60 days of filing, the
commissioner may disapprove the assessment of a domestic society that has had a
fraternal action level event under section 64B.42, or a fraternal authorized
control level event under section 64B.43, if the commissioner determines that
the assessment was not duly adopted, is not in the best interests of the
benefit members, or does not materially improve the long-term viability of the
society. The commissioner may approve an
earlier effective date for the assessment.
Sec. 4. Minnesota Statutes 2016, section 64B.43, is amended to read:
64B.43
FRATERNAL AUTHORIZED CONTROL LEVEL EVENT; DOMESTIC SOCIETIES.
Subdivision 1. Definition
Definitions. (a) For
purposes of this section, the terms in this subdivision have the meanings
given.
(b) "Fraternal authorized control level event" means any of the following events:
(1) the filing of a risk-based capital report by the society that indicates that the society's total adjusted capital is less than its fraternal authorized control level risk-based capital;
(2) the notification by the commissioner to the society of an adjusted risk-based capital report that indicates the event in clause (1), provided the society does not challenge the adjusted risk-based capital report under section 64B.44;
(3) if, pursuant to section 64B.44, the society challenges an adjusted risk-based capital report that indicates the event in clause (1), notification by the commissioner to the society that the commissioner has, after a hearing, rejected the society's challenge;
(4) the failure of the society to respond, in a manner satisfactory to the commissioner, to a corrective order, provided the society has not challenged the corrective order under section 64B.44;
(5) if the society has challenged a corrective order under section 64B.44 and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the society to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner;
(6) the failure of the society to submit a risk-based capital plan to the commissioner within the time period in section 64B.42;
(7) notification by the commissioner to the society that:
(i) the risk-based capital plan or revised risk-based capital plan submitted by the society is, in the judgment of the commissioner, unsatisfactory; and
(ii) the society has not challenged the determination under section 64B.44;
(8) if, pursuant to section 64B.44, the society challenges a determination by the commissioner under the notification by the commissioner to the society that the commissioner has, after a hearing, rejected the challenge;
(9) notification by the commissioner to the society that the society has failed to adhere to its risk-based capital plan or revised risk-based capital plan, but only if the failure has a substantial adverse effect on the ability of the society to eliminate the fraternal action level event according to its risk-based capital plan or revised risk-based capital plan and the commissioner has so stated in the notification, provided the society has not challenged the determination under section 64B.44; or
(10) if, pursuant to section 64B.44, the society challenges a determination by the commissioner under clause (9), the notification by the commissioner to the society that the commissioner has, after a hearing, rejected the challenge.
(c) "Society" means a domestic fraternal
benefit society organized and operated under the laws of this state.
Subd. 2. Commissioner's duties. In the event of a fraternal authorized control level event with respect to a society, the commissioner shall:
(1) take the actions required under section 64B.42 regarding a society with respect to which a fraternal action level event has occurred; or
(2) if the commissioner considers it to be in the best interests of the certificate holders of the society, require the society to take one or more of the following actions:
(i) merge or otherwise consolidate with another willing authorized society;
(ii) cede any individual risk or risks, in whole or in part, to a willing society or life insurer;
(iii) suspend the issuance of new business; and
(iv) discontinue its insurance operations; or
(3) take the actions necessary to cause the society to be placed under regulatory control under chapter 60B. In the event the commissioner takes these actions, the fraternal authorized control level event is considered sufficient grounds for the commissioner to take action under chapter 60B, and the commissioner has the rights, powers, and duties with respect to the society set forth in chapter 60B. In the event the commissioner takes actions under this clause pursuant to an adjusted risk-based capital report, the society is entitled to the protections afforded to societies under section 60B.11 pertaining to summary proceedings.
Subd. 3. Plan
to transfer members. (a)
Within 45 days of a fraternal authorized control level event with respect to a
society, the society shall present to the commissioner a plan to protect the
interests of its members. The plan shall
include transferring all members, certificates, and related assets and liabilities
of the society, together with
any
other assets and liabilities the society desires to transfer, to another firm,
corporation, or organization through merger, consolidation, assumption, or
other means. Any transfer shall
constitute a novation of the transferring society's certificates effective upon
the date of transfer. The commissioner
shall review the plan within 45 days of its submission and may approve the plan
within that time frame if the plan provides sound financial security for the
payment of obligations arising under the certificates of the society and is
otherwise in the best interest of the members.
(b) The transfer shall be:
(1) concluded within the time frame
established by the commissioner, which shall not exceed 90 days;
(2) approved by the society upon
majority vote of its board of directors prior to the submission of the plan to
the commissioner; and
(3) effective notwithstanding the
provisions of section 64B.14 or any other requirement of statute or rule or the
laws of the society requiring another form of notice to members or approval by
the supreme governing body.
Any notice to or approval of a transfer required by the
laws of the society or statute or rule shall be suspended by this subdivision.
(c) Upon application, the commissioner
may approve a transfer under this subdivision to a foreign fraternal benefit
society that does not have a certificate of authority to transact insurance in
this state if the foreign fraternal benefit society is authorized to transact
insurance by and is domiciled in a state accredited by the National Association
of Insurance Commissioners. If the
commissioner determines that the foreign fraternal benefit society has
sufficient financial strength and servicing capabilities to satisfy the obligations
arising under the transferring society's certificates, the commissioner may
issue an order to authorize the foreign fraternal benefit society to service
the certificates resulting from a transfer, including issuing any amendments or
revisions requested by the holder of the certificate and to fulfill all
obligations arising under the certificate, but not to otherwise transact
insurance business in this state.
(d) Upon the effective date of a
transfer to an insurer with a certificate of authority to do business in this
state and in consideration of that transfer, each member of the society shall
be deemed to agree that any terms of a certificate subjecting the certificate
to the laws of the society or providing rights or obligations of membership, except
to the extent of any outstanding lien not released by the terms of the
transfer, shall be null and void and the insurer shall endorse the certificates
accordingly.
(e) Upon the effective date of a
transfer to a firm, corporation, or organization that is not a fraternal
benefit society and in consideration of that transfer, each member of the
society shall be deemed to agree that any terms of a certificate subjecting the
certificate to the laws of the society or providing rights or obligations of
membership, except to the extent of any outstanding lien not released by the
terms of the transfer, shall be null and void and the firm, corporation, or
organization shall endorse the certificates accordingly.
(f) The board of directors of a society
may suspend or modify its qualifications for membership as necessary or
appropriate to facilitate a transfer under this subdivision, notwithstanding
the laws of the society or any statute or rule to the contrary.
(g) Each society shall amend their laws
to permit the transactions contemplated by this subdivision, including
suspending any provisions requiring any notice to members or approval of the
supreme governing body with respect to the transfer of its certificates and
policies, if the society has a fraternal authorized control level event and the
transfer is approved by the commissioner.
Subd. 4. Liquidation. (a) In the event of a fraternal
authorized control level event with respect to a society under circumstances
the commissioner determines will not be promptly remedied pursuant to the
authorization provided in subdivision 3, the commissioner may apply for a
verified petition to commence liquidation of the society under section 60B.20. These circumstances qualify as grounds to
commence a liquidation under section 60B.20, clause (1).
(b) If the requirements of paragraph
(a) are met, the commissioner may issue an order declaring the society to be in
hazardous financial condition under the standards of section 60G.20, and
initiate proceedings pursuant to this subdivision. Nothing in this subdivision prevents the
commissioner from applying for an order to commence the liquidation of a
society under any of the grounds in section 60B.20.
(c) Liquidation proceedings for a
society shall be governed by chapter 60B, except to the extent the provisions
of chapter 60B are in conflict or inconsistent with any provisions in this
chapter.
(d) Liquidation proceedings for a society shall be conducted consistent with the purposes of section 60B.01, subdivision 4, paragraph (c), in a manner designed to conserve assets and to limit expenses of the liquidation under section 60B.44, subdivision 2."
Amend the title accordingly
Hoppe moved to amend the Hoppe amendment to H. F. No. 3799, the first engrossment, as follows:
Page 2, line 5, after "Disapproval" insert "of extra assessments"
Page 2, line 6, before "assessment" insert "extra"
Page 2, line 10, before "assessment" insert "extra"
Page 3, after line 18, insert:
"(c) "Qualifying society" means a fraternal benefit society, whether foreign or domestic, that has the financial strength and administrative capability to accept a transfer of certificates under subdivision 3 and is domiciled in a state accredited by the National Association of Insurance Commissioners."
Page 3, line 19, delete "(c)" and insert "(d)"
Page 4, line 30, delete "fraternal benefit" and insert "qualifying"
Page 4, line 31, delete everything after "state"
Page 4, delete line 32
Page 4, line 33, delete "Commissioners"
Page 5, line 23, delete "and"
Page 5, line 24, delete "policies,"
Page 5, line 30, delete "qualify as" and insert "shall be deemed to satisfy" and delete the comma
Page 5, line 31, delete "clause (1)"
Page 5, line 32, delete "(b) If the requirements of paragraph (a) are met,"
Page 5, line 34, after "60G.20" insert ", subdivision 1, clause (15)"
Page 6, line 3, delete "(c)" and insert "(b)"
Page 6, line 6, delete "(d)" and insert "(c)"
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Hoppe
amendment, as amended, to H. F. No. 3799, the first
engrossment. The motion prevailed and
the amendment, as amended, was adopted.
Applebaum was excused for the remainder of
today's session.
H. F. No. 3799, A
bill for an act relating to commerce; regulating fraternal benefit societies;
amending Minnesota Statutes 2016, sections 60B.03, subdivision 15; 64B.19,
subdivision 4a, by adding a subdivision; 64B.43.
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 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Lien
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Munson
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Schultz
Slocum
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed, as amended, and its title agreed to.
H. F. No. 4133 was
reported to the House.
Newberger moved to amend H. F. No. 4133, the second engrossment, as follows:
Page 11, after line 28, insert:
"Sec. 13. Minnesota Statutes 2016, section 28A.152, as amended by Laws 2017, chapter 88, article 2, section 53, is amended to read:
28A.152
COTTAGE FOODS EXEMPTION.
Subdivision 1. Licensing provisions applicability. (a) The licensing provisions of sections 28A.01 to 28A.16 do not apply to the following:
(1) an individual who eligible
entity that prepares and sells food that is not potentially hazardous food,
as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following
requirements are met:
(i) the prepared food offered for sale
under this clause is labeled to accurately reflect the name and address of the individual
eligible entity preparing and selling the food, the date on which the
food was prepared, and the ingredients and any possible allergens; and
(ii) the individual eligible
entity displays at the point of sale a clearly legible sign or placard
stating: "These products are
homemade and not subject to state inspection."; and
(2) an individual who eligible
entity that prepares and sells home-processed and home-canned food products
if the following requirements are met:
(i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower;
(ii) the products are home-processed and home-canned in Minnesota;
(iii) the individual eligible
entity displays at the point of sale a clearly legible sign or placard
stating: "These canned goods are
homemade and not subject to state inspection."; and
(iv) each container of the product sold or
offered for sale under this clause is accurately labeled to provide the name
and address of the individual who eligible entity that processed
and canned the goods, the date on which the goods were processed and canned,
and ingredients and any possible allergens.
(b) An individual who eligible
entity that qualifies for an exemption under paragraph (a), clause (2), is
also exempt from the provisions of sections 31.31 and 31.392.
Subd. 1a. Definition. For purposes of this section,
"eligible entity" means a limited liability company that satisfies
the insurance requirements under subdivision 8, or an individual.
Subd. 2. Direct
sales to consumers. (a) An individual
eligible entity qualifying for an exemption under subdivision 1 may sell
the exempt food:
(1) directly to the ultimate consumer at a community event or farmers' market;
(2)
directly from the individual's eligible entity's home to the
ultimate consumer, to the extent allowed by local ordinance; or
(3) through donation to a community event with the purpose of fund-raising for an individual, or fund-raising for an educational, charitable, or religious organization.
(b) If an exempt food product will be
delivered to the ultimate consumer upon sale of the food product, the individual
who eligible entity that prepared the food product must be the
person who delivers the food product to the ultimate consumer.
(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be sold outside of Minnesota.
(d) Food products exempt under subdivision
1 may be sold over the Internet but must be delivered directly to the ultimate
consumer by the individual who eligible entity that prepared the
food product. The statement "These
products are homemade and not subject to state inspection." must be
displayed on the Web site that offers the exempt foods for purchase.
Subd. 3. Limitation
on sales. An individual eligible
entity selling exempt foods under this section is limited to total sales
with gross receipts of $18,000 or less in a calendar year.
Subd. 4. Registration. An individual who eligible
entity that prepares and sells exempt food under subdivision 1 must
register annually with the commissioner.
The annual registration fee is $50.
An individual eligible entity with $5,000 or less in
annual gross receipts from the sale of exempt food under this section is not
required to pay the registration fee.
Subd. 5. Training. (a) An individual eligible
entity with gross receipts between $5,000 and $18,000 in a calendar year
from the sale of exempt food under this section must complete a safe food
handling training course that is approved by the commissioner before
registering under subdivision 4. The
training shall not exceed eight hours and must be completed every three years
while the individual eligible entity is registered under
subdivision 4.
(b) An individual eligible
entity with gross receipts of less than $5,000 in a calendar year from the
sale of exempt food under this section must satisfactorily complete an online
course and exam as approved by the commissioner before registering under
subdivision 4. The commissioner shall
offer the online course and exam under this paragraph at no cost to the individual
eligible entity.
Subd. 6. Local ordinances. This section does not preempt the application of any business licensing requirement or sanitation, public health, or zoning ordinance of a political subdivision.
Subd. 7. Account established. A cottage foods account is created as a separate account in the agricultural fund in the state treasury for depositing money received by the commissioner under this section. Money in the account, including interest, is appropriated to the commissioner for purposes of this section.
Subd. 8. Insurance
required. The commissioner
must not register a limited liability company under subdivision 4 unless the
limited liability company furnishes sufficient proof that it maintains
liability insurance coverage of at least $1,000,000. The insurance must cover a period of time at
least equal to the term of the registration.
The commissioner must immediately suspend the registration of a limited
liability company that fails to maintain the required insurance. The insurance policy must contain a provision
requiring the insurance company to
notify the commissioner no later than ten days before the effective date of any cancellation, termination, or other material change to the insurance coverage. If there is recovery against the insurance, the limited liability company must secure additional coverage if necessary to maintain coverage of at least $1,000,000."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Anderson, P., moved to amend H. F. No. 4133, the second engrossment, as amended, as follows:
Page 2, after line 10, insert:
"Sec. 2. Minnesota Statutes 2016, section 17.117, subdivision 1, is amended to read:
Subdivision 1. Purpose. The purpose of the agriculture best management practices loan program is to provide low or no interest financing to farmers, agriculture supply businesses, rural landowners, chapter 103E drainage authorities, and water-quality cooperatives for the implementation of agriculture and other best management practices that reduce environmental pollution.
EFFECTIVE DATE. This section is effective the day following
final enactment.
Sec. 3. Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:
Subd. 4. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the agricultural fund, controlled by the commissioner, which hold funds available to the program.
(c) "Agriculture supply business" means a person, partnership, joint venture, corporation, limited liability company, association, firm, public service company, or cooperative that provides materials, equipment, or services to farmers or agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this program that requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections 103F.711, subdivision 3, and 103H.151, subdivision 2. Best management practices also means other practices, techniques, and measures that have been demonstrated to the satisfaction of the commissioner: (1) to prevent or reduce adverse environmental impacts by using the most effective and practicable means of achieving environmental goals; or (2) to achieve drinking water quality standards under chapter 103H or under Code of Federal Regulations, title 40, parts 141 and 143, as amended.
(g) "Borrower" means a farmer, an agriculture
supply business, or a rural landowner, or a chapter 103E drainage
authority applying for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at a future date:
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state-approved and locally adopted plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
(k) "Cost incurred" means expenses for implementation of a project accrued because the borrower has agreed to purchase equipment or is obligated to pay for services or materials already provided as a result of implementing an approved eligible project.