STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
NINETIETH DAY
����� The House of Representatives convened at 12:00 noon and was
called to order by Steve Sviggum, Speaker of the House.
����� Prayer was offered by Major John Morris,
Chaplain of the Minnesota National Guard.
����� The members of the House gave the pledge
of allegiance to the flag of the
����� The Minnesota House of Representatives presented a House
Resolution congratulating and honoring the Minnesota National Guard on the 150th
anniversary of its founding.
����� The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Urdahl
Vandeveer
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� A quorum was present.
����� Tingelstad was excused until 2:30
p.m.� Wagenius was excused until 3:40
p.m.
����� The Chief Clerk proceeded to read the Journal of the preceding
day.� Newman moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk.� The motion prevailed.
����� Paulsen moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
REPORTS OF STANDING
COMMITTEES
Smith from the Committee on Public
Safety Policy and Finance to which was referred:
H. F. No. 2843, A bill for an act
relating to consumer protections; reducing identity theft and assisting its
victims; providing penalties; amending Minnesota Statutes 2004, sections 13.05,
subdivision 5; 138.17, subdivision 7; 609.527, by adding a subdivision;
Minnesota Statutes 2005 Supplement, section 325E.61, subdivisions 1, 4;
proposing coding for new law in Minnesota Statutes, chapters 13; 13C; 325E;
325G; 609.
Reported the same back with the
following amendments:
Page 11, delete section 16
Renumber the sections in sequence
Correct the title numbers
accordingly
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Rules and
Legislative Administration.
����� The report was adopted.
Ozment from the Committee on
Agriculture, Environment and Natural Resources Finance to which was referred:
H. F. No. 3012, A bill for an act
relating to natural resources; providing for temporary state park permits for
towed vehicles; modifying state park permit requirements and fees; amending
Minnesota Statutes 2004, sections 85.053, by adding a subdivision; 85.054, by
adding a subdivision; Minnesota Statutes 2005 Supplement, sections 85.053,
subdivision 2; 85.055, subdivision 1.
Reported the same back with the
following amendments:
Delete everything after the enacting
clause and insert:
"ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES
APPROPRIATIONS AND POLICY CHANGES
Section 1.� SUPPLEMENTAL APPROPRIATIONS.�
The appropriations in this act are
added to or, if shown in parentheses, subtracted from the appropriations
enacted into law by the legislature in 2005, or other specified law, to the
named agencies and for the specified programs or activities.� The sums shown are appropriated from the general
fund, or another named fund, to be available
for the fiscal years indicated; 2006 is the fiscal year ending June 30, 2006,
2007 is the fiscal year ending June 30, 2007, and the biennium is fiscal years
2006 and 2007.� Supplementary
appropriations and reductions to appropriations for the fiscal year ending June
30, 2006, are effective the day following final enactment.
������������������������������������������������������������������������������������������������������������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 2.� NATURAL RESOURCES
����� Subdivision 1.� Total Appropriation ������������������������������������������������������������������������������������ $88,000��������������������� $1,493,000
Summary by Fund
Allgemein��������������������������������������� 88,000���������������������������������� 443,000
Natural Resources�������������������������� -0-������������������������������� 1,050,000
The
amounts that may be spent for each activity are specified in the following
subdivisions.
����� Subd. 2.� Bovine Tuberculosis
$88,000
in 2006 and $132,000 in 2007 are for bovine tuberculosis surveillance and
diagnosis to diminish the risk of disease transmission in domestic livestock.
����� Subd. 3.� All-Terrain Vehicle Trails
$400,000
in 2007 from the all-terrain vehicle account in the natural resources fund is
for the all-terrain vehicle grant-in-aid program.
$200,000
in 2007 from the all-terrain vehicle account in the natural resources fund is
for rehabilitation and development of all-terrain vehicle trails.
$250,000
in 2007 from the all-terrain vehicle account in the natural resources fund to
plan and develop the North Shore Trail from Normana Road in St. Louis County to
the Moose Walk All‑Terrain Vehicle Trail in Lake County for all-terrain
vehicle use.� This appropriation does not
cancel but is available until expended.
����� Subd. 4.� Invasive Species
$261,000
in 2007 for prevention and control of harmful invasive species.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Subd. 5.� Minnesota Shooting Sports Education
Center
$50,000
in 2007 for the operation of the Minnesota Shooting Sports Education
Center.� The commissioner may make direct
expenditures for the operation of the center or contract with another entity to
operate the center.� This appropriation
is available only to the extent matched by at least $1 of nonstate money from
gifts or grants for each $2 of state money.
����� Subd. 6.� Corps Campsites
$200,000
in 2007 is from the state park account in the natural resources fund for
operation of recreational sites under the jurisdiction of the U.S. Army Corps
of Engineers at Big Sandy Lake, Leech Lake, Gull Lake, Cross Lake,
Winnibigoshish Lake, and Pokegama Lake.�
These sites shall be managed as state recreation areas in accordance
with section 86A.05, subdivision 3.
����� Sec. 3.�
LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES
����� Subdivision 1.� Conservation and Preservation Plan
$300,000
in 2007 from the environmental trust fund to the Legislative Commission on
Minnesota Resources, or its successor commission, for development of a
conservation and preservation plan that provides a long-term, statewide,
comprehensive, and strategic effort based on science to guide decision making.
����� Subd. 2.� Administration
(a)
$550,000 in 2007 is from the environment and natural resources trust fund to
the Legislative-Citizen Commission on Minnesota Resources for administration,
as provided in Minnesota Statutes, section 116P.09, subdivision 5.
(b)
The fiscal year 2006 administrative budget under Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 3, is for the Legislative
Commission on Minnesota Resources or its successor commission, as provided in
Minnesota Statutes, section 15.039, subdivision 6.
Sec. 4.� Minnesota Statutes 2004, section 84.085,
subdivision 1, is amended to read:
Subdivision 1.� Authority.� (a) The commissioner of natural resources may
accept for and on behalf of the state any gift, bequest, devise, or grants of
lands or interest in lands or personal property of any kind or of money
tendered to the state for any purpose pertaining to the activities of the
department or any of its divisions.� Any
money so received is hereby appropriated and dedicated for the purpose for
which it is granted.� Lands and interests
in lands so received may be sold or exchanged as provided in chapter 94.
(b)
When the commissioner of natural resources accepts lands or interests in land,
the commissioner may reimburse the donor for costs incurred to obtain an
appraisal needed for tax reporting purposes.�
If the state pays the donor for a portion of the value of the lands or
interests in lands that are donated, the reimbursement for appraisal costs
shall not exceed $1,500.� If the donor
receives no payment from the state for the lands or interests in lands that are
donated, the reimbursement for appraisal costs shall not exceed $5,000.
(b) (c) The commissioner of natural resources, on behalf of the
state, may accept and use grants of money or property from the United States or
other grantors for conservation purposes not inconsistent with the laws of this
state.� Any money or property so received
is hereby appropriated and dedicated for the purposes for which it is granted,
and shall be expended or used solely for such purposes in accordance with the
federal laws and regulations pertaining thereto, subject to applicable state
laws and rules as to manner of expenditure or use providing that the
commissioner may make subgrants of any money received to other agencies, units
of local government, private individuals, private organizations, and private
nonprofit corporations.� Appropriate
funds and accounts shall be maintained by the commissioner of finance to secure
compliance with this section.
(c) (d) The commissioner may accept for
and on behalf of the permanent school fund a donation of lands, interest in
lands, or improvements on lands.� A
donation so received shall become state property, be classified as school trust
land as defined in section 92.025, and be managed consistent with section
127A.31.
Sec. 5.� [85.0145] ACQUISITION OF LAND FOR
FACILITIES.�
The commissioner of natural
resources may acquire interests in land by gift, purchase, or lease for
facilities outside the boundaries of state parks, state recreation areas, or
state waysides that are needed for the management of state parks, state
recreation areas, or state waysides established under sections 85.012 and
85.013.
Sec. 6.� Minnesota Statutes 2004, section 85.052,
subdivision 4, is amended to read:
Subd. 4.� Deposit of fees.� (a) Fees paid for providing contracted
products and services within a state park, state recreation area, or wayside,
and for special state park uses under this section shall be deposited in the
natural resources fund and credited to a state parks account.
(b) Gross receipts derived from
sales, rentals, or leases of natural resources within state parks, recreation
areas, and waysides, other than those on trust fund lands, must be deposited in
the state treasury and credited to the general fund.
(c) Notwithstanding paragraph (b),
the gross receipts from the sale of stockpile materials, aggregate, or other
earth materials from the Iron Range Off-Highway Vehicle Recreation Area shall
be deposited in the dedicated accounts in the natural resource fund from which
the purchase of the stockpile material was made.
Sec. 7.� Minnesota Statutes 2005 Supplement, section
85.053, subdivision 2, is amended to read:
Subd. 2.� Requirement.� Except as provided in section 85.054, a motor
vehicle may not enter a state park, state recreation area, or state wayside
over 50 acres in area, without a state park permit issued under this
section.� Except for vehicles permitted
under subdivision subdivisions 7, paragraph (a), clause (2),
and 8, the state park permit must be affixed to the lower right corner
windshield of the motor vehicle and must be completely affixed by its own
adhesive to the windshield, or the commissioner may, by written order, provide
an alternative means to display and validate annual permits.
EFFECTIVE DATE.� This section is effective January 1, 2007.
Sec.
8.� Minnesota Statutes 2004, section
85.053, is amended by adding a subdivision to read:
Subd. 8.� Towed vehicles.� The commissioner shall prescribe and issue
a temporary permit for a vehicle that enters a park towed by a vehicle used for
camping.� The temporary permit shall be
issued with the camping permit and allows the towed vehicle to be driven in
state parks until the camping permit expires.
EFFECTIVE DATE.� This section is effective January 1, 2007.
Sec. 9.� Minnesota Statutes 2004, section 85.054, is
amended by adding a subdivision to read:
Subd. 12.� Soudan Underground Mine
State Park.� A state park
permit is not required and a fee may not be charged for motor vehicle entry or
parking at the visitor parking area of Soudan Underground Mine State Park.
EFFECTIVE DATE.� This section is effective January 1, 2007.
Sec. 10.� Minnesota Statutes 2004, section 85.054, is
amended by adding a subdivision to read:
Subd. 13.� Sunday church services.� A state park permit is not required and a
fee may not be charged for motor vehicle entry to attend a Sunday church
service held in a state park if the motor vehicle and occupants depart the park
within two hours of entry.
EFFECTIVE DATE.� This section is effective January 1, 2007.
Sec. 11. �Minnesota Statutes 2005 Supplement, section
85.055, subdivision 1, is amended to read:
Subdivision 1.� Fees.�
The fee for state park permits for:
(1) an annual use of state parks is
$25;
(2) a second vehicle state park
permit is $18;
(3) a state park permit valid for
one day is $7 $5;
(4) a daily vehicle state park
permit for groups is $5 $3;
(5) an annual permit for
motorcycles is $20;
(6) an employee's state park permit is without charge; and
(6) (7) a state park permit for handicapped
disabled persons under section 85.053, subdivision 7, clauses (1) and (2),
is $12.
The fees specified in this
subdivision include any sales tax required by state law.
EFFECTIVE DATE.� This section is effective January 1, 2007.
Sec. 12.� Minnesota Statutes 2004, section 88.79,
subdivision 1, is amended to read:
Subdivision 1.� Employment of competent foresters; service
to private owners.� The commissioner
of natural resources may employ competent foresters to furnish owners of forest
lands within the state of Minnesota owning respectively not exceeding who
own not more than 1,000 acres of such forest land, forest
management services consisting of:
(1)
(2) selection and marking of timber to be cut,;
(3) measurement of products,;
(4) aid in marketing harvested products,;
(5) provision of tree-planting
equipment; and
(6) such other services as the commissioner of natural resources deems
necessary or advisable to promote maximum sustained yield of timber upon such
forest lands.
Sec. 13.� [89.22] USES OF STATE FOREST LANDS;
FEES.�
Subdivision 1.� Establishing fees.� Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish
fees providing for the use of state forest lands, including motorcycle,
snowmobile, and sports car rallies, races, or enduros; orienteering trials;
group campouts that do not occur at designated group camps; dog sled races; dog
trials; large horse trail rides; and commercial uses.� The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Subd. 2.� Receipts to special revenue
fund.� Fees collected under
subdivision 1 shall be credited to the special revenue fund and are annually
appropriated to the commissioner for costs incurred attributable to the uses
for which the fees were imposed.
Sec. 14.� Minnesota Statutes 2004, section 90.14, is
amended to read:
90.14 AUCTION SALE PROCEDURE.�
(a) All state timber shall be
offered and sold by the same unit of measurement as it was appraised.� The sale shall be made to the person who
(1) bids the highest price for all the several kinds of timber as advertised,
or (2) if unsold at public auction, to the person who purchases at any
subsequent sale authorized under section 90.101, subdivision 1. No tract
shall be sold to any person other than the purchaser in whose name the bid was
made.� The commissioner may refuse to
approve any and all bids received and cancel a sale of state timber for good
and sufficient reasons.
(b) The purchaser at any sale of
timber shall, immediately upon the approval of the bid, or, if unsold at public
auction, at the time of purchase at a subsequent sale under section 90.101,
subdivision 1, pay to the commissioner a down payment of 15 percent of the
appraised value.� In case any purchaser
fails to make such payment, the purchaser shall be liable therefor to the state
in a civil action, and the commissioner may reoffer the timber for sale as
though no bid or sale under section 90.101, subdivision 1, therefor had been
made.
(c) In lieu of the scaling of state
timber required by this chapter, a purchaser of state timber may, at the time
of payment by the purchaser to the commissioner of 15 percent of the appraised
value, elect in writing on a form prescribed by the attorney general to
purchase a permit based solely on the appraiser's estimate of the volume of
timber described in the permit, provided that the commissioner has expressly
designated the availability of such option for that tract on the list of tracts
available for sale as required under section 90.101.� A purchaser who elects in writing on a form
prescribed by the attorney general to purchase a permit based solely on the
appraiser's estimate of the volume of timber described on the permit does not
have recourse to the provisions of section 90.281.
(d)
In the case of a public auction sale conducted by a sealed bid process, tracts
shall be awarded to the high bidder, who shall pay to the commissioner a down
payment of 15 percent of the appraised value within ten business days of
receiving a written award notice.� If a
purchaser fails to make the down payment, the purchaser is liable for the down
payment to the state and the commissioner may offer the timber for sale to the
next highest bidder as though no higher bid had been made.
(e) Except as otherwise provided by
law, at the time the purchaser signs a permit issued under section 90.151, the
purchaser shall make a bid guarantee payment to the commissioner in an amount
equal to 15 percent of the total purchase price of the permit less the down
payment amount required by paragraph (b).�
If the bid guarantee payment is not submitted with the signed permit, no
harvesting may occur, the permit cancels, and the down payment for timber
forfeits to the state.� The bid guarantee
payment forfeits to the state if the purchaser and successors in interest fail
to execute an effective permit.
Sec. 15.� [90.145] PURCHASER QUALIFICATIONS AND
REGISTRATION.�
Subdivision 1.� Purchaser qualifications.� (a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under
section 90.151 must meet the requirements in paragraphs (b) to (d).
(b) The purchaser and the
purchaser's agents, employees, subcontractors, and assigns must comply with
general industry safety standards for logging adopted by the commissioner of
labor and industry under chapter 182.�
The commissioner of natural resources shall require a purchaser to
provide proof of compliance with the general industry safety standards.
(c) The purchaser and the
purchaser's agents, subcontractors, and assigns must comply with the mandatory
insurance requirements of chapter 176.�
The commissioner shall require a purchaser to provide a copy of the
proof of insurance required by section 176.130 before the start of harvesting
operations on any permit.
(d) Before the start of harvesting
operations on any permit, the purchaser must certify that a foreperson or other
designated employee who has a current certificate of completion from the
Minnesota logger education program (MLEP), the Wisconsin Forest Industry Safety
and Training Alliance (FISTA), or any similar program acceptable to the commissioner,
is supervising active logging operations.
Subd. 2.� Purchaser preregistration.� To facilitate the sale of permits issued
under section 90.151, the commissioner may establish a purchaser
preregistration system.� Any system
implemented by the commissioner shall be limited in scope to only that
information that is required for the efficient administration of the purchaser
qualification provisions of this chapter and shall conform with the
requirements of chapter 13.
Sec. 16.� Minnesota Statutes 2004, section 90.151,
subdivision 1, is amended to read:
Subdivision 1.� Issuance; expiration.� (a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall
issue a numbered permit to the purchaser, in a form approved by the attorney
general, by the terms of which the purchaser shall be authorized to enter upon
the land, and to cut and remove the timber therein described as designated for
cutting in the report of the state appraiser, according to the provisions of
this chapter.� The permit shall be
correctly dated and executed by the commissioner and signed by the
purchaser.� If a permit is not signed by
the purchaser within 60 days from the date of purchase, the permit cancels and
the down payment for timber required under section 90.14 forfeits to the state.
(b) The permit shall expire no
later than five years after the date of sale as the commissioner shall specify
or as specified under section 90.191, and the timber shall be cut within the
time specified therein.� All cut timber,
equipment, and buildings not removed from the land within 90 days after
expiration of the permit shall become the property of the state.
(c)
The commissioner may grant an additional period of time not to exceed 120 days
for the removal of cut timber, equipment, and buildings upon receipt of such
request by the permit holder for good and sufficient reasons.� The commissioner may grant a second period of
time not to exceed 120 days for the removal of cut timber, equipment, and
buildings upon receipt of a request by the permit holder for hardship reasons
only.
(d) No permit shall be issued to
any person other than the purchaser in whose name the bid was made.
Sec. 17.� Minnesota Statutes 2004, section 90.151,
subdivision 6, is amended to read:
Subd. 6.� Notice and approval required.� The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor
logging roads until the commissioner has been notified and has given prior
approval to such cutting operations.� Approval
shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting.� The permit holder shall also give prior
notice whenever permit operations are to be temporarily halted, whenever permit
operations are to be resumed, and when permit operations are to be completed.
Sec. 18.� Minnesota Statutes 2004, section 90.151, is
amended by adding a subdivision to read:
Subd. 16.� Liquidated damages.� The permit may include a schedule of
liquidated damage charges for breach of permit terms by the permit holder.� The damage charges shall be limited to
amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or
nonfeasibility of otherwise obtaining an adequate remedy.
Sec. 19.� Minnesota Statutes 2004, section 103I.005,
subdivision 9, is amended to read:
Subd. 9.� Exploratory boring.� "Exploratory boring" means a
surface drilling done to explore or prospect for oil, natural gas, apatite,
diamonds, graphite, gemstones, kaolin clay, and metallic minerals,
including iron, copper, zinc, lead, gold, silver, titanium, vanadium, nickel,
cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium,
thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.
Sec. 20.� Minnesota Statutes 2004, section 116.07,
subdivision 2a, is amended to read:
Subd. 2a.� Exemptions from standards.� No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the
outdoor atmosphere shall apply to (1) segments of trunk highways constructed
with federal interstate substitution money, provided that all reasonably
available noise mitigation measures are employed to abate noise, (2) an
existing or newly constructed segment of a highway, provided that all
reasonably available noise mitigation measures, as approved by the
commissioners of the Department of Transportation and Pollution Control Agency,
are employed to abate noise, (3) except for the cities of Minneapolis and St.
Paul, an existing or newly constructed segment of a road, street, or highway
under the jurisdiction of a road authority of a town, statutory or home rule
charter city, or county, except for roadways for which full control of access
has been acquired, (4) skeet, trap or shooting sports clubs, or (5) motor
vehicle race events conducted at a facility specifically designed for that
purpose that was in operation on or before July 1, 1983. 1996.� Motor vehicle race events exempted from state
standards under this subdivision are exempt from claims based on noise brought
under section 561.01 and chapters 116B and 116D.� Nothing herein shall prohibit a local
unit of government or a public corporation with the power to make rules for the
government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at
a facility specifically designed for that purpose that was in operation on or
before July 1, 1983 1996.
Sec.
21.� Laws 2003, chapter 128, article 1,
section 165, is amended to read:
Sec. 165.� ISTS PILOT PROGRAM. �
The Pollution Control Agency shall,
in conjunction with the association of Minnesota counties, designate three
cooperating counties with waterbodies listed as impaired by fecal coliform
bacteria, and within designated counties shall:�
(1) by July 1, 2007 2008,
complete an inventory of properties with individual sewage treatment systems
that are an imminent threat to public health or safety due to surface water
discharges of untreated sewage, and the inventory of properties may be phased
over the period of the pilot project; and
(2) require compliance under the
applicable requirements of this section by May 1, 2008 2009.� The pollution control agency may utilize
cooperative agreements with the three pilot counties to meet the requirements
of clauses (1) and (2).�
Sec. 22.� Laws 2005, First Special Session chapter 1,
article 2, section 11, subdivision 5, is amended to read:
����� Subd. 5.� Fish and Wildlife Habitat ���������������������������������������������������������������������������������� 5,038,000����������������������� 5,038,000
����������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 6,038,000
Summary by Fund
Trust Fund��������������������������� 5,038,000������������������������������� 5,038,000
����������������������������������������������������������������������������������������������� 6,038,000
(a)
Restoring Minnesota's Fish and Wildlife Habitat Corridors-Phase III
$2,031,000
the first year and work
program.� Any land acquired in fee title
by the commissioner of natural resources with money from this appropriation
must be designated:� (1) as an outdoor
recreation unit under Minnesota Statutes, section 86A.07; or (2) as provided in
Minnesota Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101;
97A.125; 97C.001; and 97C.011.� The
commissioner may similarly designate any lands acquired in less than fee
title.� This appropriation is available
until June 30, 2008, at which time the project must be completed and final
products delivered, unless an earlier date is specified in the work program.� $2,031,000 $3,031,000 the second year are from
the trust fund to the commissioner of natural resources for the third biennium
for acceleration of agency programs and cooperative agreements with Pheasants
Forever, Minnesota Deer Hunters Association, Ducks Unlimited, Inc., National
Wild Turkey Federation, the Nature Conservancy, Minnesota Land Trust, the Trust
for Public Land, Minnesota Valley National Wildlife Refuge Trust, Inc., U.S.
Fish and Wildlife Service, Red Lake Band of Chippewa, Leech Lake Band of
Chippewa, Fond du Lac Band of Chippewa, USDA-Natural Resources Conservation
Service, and the Board of Water and Soil Resources to plan, restore, and
acquire fragmented landscape corridors that connect areas of quality habitat to
sustain fish, wildlife, and plants.� To
the extent possible, projects funded shall meet the purposes of Minnesota
Statutes, section 114D.05. Expenditures are limited to the 11 project areas
as defined in the work program.� Land
acquired with this appropriation must be sufficiently improved to meet at least
minimum habitat and facility management standards as determined by the commissioner
of natural resources.� This appropriation
may not be used for the purchase of residential structures, unless expressly
approved in the
(b) Metropolitan Area Wildlife Corridors-Phase II
$1,765,000
the first year and $1,765,000 the second year are from the trust fund to the
commissioner of natural resources for the second biennium for acceleration of
agency programs and cooperative agreements with the Trust for Public Land,
Ducks Unlimited, Inc., Friends of the Mississippi River, Great River Greening,
Minnesota Land Trust, Minnesota Valley National Wildlife Refuge Trust, Inc.,
Pheasants Forever, Inc., and Friends of the Minnesota Valley for the purposes
of planning, improving, and protecting important natural areas in the
metropolitan region, as defined by Minnesota Statutes, section 473.121,
subdivision 2, and portions of the surrounding counties, through grants,
contracted services, conservation easements, and fee acquisition. Land acquired
with this appropriation must be sufficiently improved to meet at least minimum
management standards as determined by the commissioner of natural resources.
Expenditures are limited to the identified project areas as defined in the work
program. This appropriation may not be used for the purchase of residential
structures, unless expressly approved in the work program.� Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated:� (1) as an outdoor recreation
unit under Minnesota Statutes, section 86A.07; or (2) as provided in Minnesota
Statutes, sections 89.018, subdivision 2, paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011.� The commissioner
may similarly designate any lands acquired in less than fee title.� This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.�
(c) Development of Scientific and Natural Areas
$67,000
the first year and $67,000 the second year are from the trust fund to the
commissioner of natural resources to develop and enhance lands designated as
scientific and natural areas.� This
appropriation is available until June 30, 2008, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program.�
(d) Prairie Stewardship of Private Lands
$50,000
the first year and $50,000 the second year are from the trust fund to the commissioner
of natural resources to develop stewardship plans and implement prairie
management on private prairie lands on a cost-share basis with private or
federal funds.� This appropriation is
available until June 30, 2008, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.�
(e) Local Initiative Grants-Conservation Partners
and Environmental Partnerships
$250,000
the first year and $250,000 the second year are from the trust fund to the
commissioner of natural resources to provide matching grants of up to $20,000
to local government and private organizations for enhancement, restoration,
research, and education associated with natural habitat and environmental
service projects.� Subdivision 16 applies
to grants awarded in the approved work program.�
This appropriation is available until June 30, 2008, at which time
the project must be completed and final products delivered, unless an earlier
date is specified in the work program.�
(f)
Minnesota ReLeaf Community Forest Development and Protection
$250,000
the first year and $250,000 the second year are from the trust fund to the
commissioner of natural resources for acceleration of the agency program and a
cooperative agreement with Tree Trust to protect forest resources, develop
inventory-based management plans, and provide matching grants to communities to
plant native trees.� At least $390,000 of
this appropriation must be used for grants to communities.� For the purposes of this paragraph, the match
must be a nonstate contribution, but may be either cash or qualifying
in-kind.� This appropriation is available
until June 30, 2008, at which time the project must be completed and final projects
delivered, unless an earlier date is specified in the work program.�
(g) Integrated and Pheromonal Control of Common Carp
$275,000
the first year and $275,000 the second year are from the trust fund to the
University of Minnesota for the second biennium to research new options for controlling
common carp.� This appropriation is
available until June 30, 2009, at which time the project must be completed and
final products delivered, unless an earlier date is specified in the work
program.�
(h)
Biological Control of European Buckthorn and Garlic Mustard
$100,000
the first year and $100,000 the second year are from the trust fund to the
commissioner of natural resources to research potential insects for biological
control of invasive European buckthorn species for the second biennium and to
introduce and evaluate insects for biological control of garlic mustard.� This appropriation is available until June
30, 2008, at which time the project must be completed and final products
delivered, unless an earlier date is specified in the work program.�
(i) [Paragraph (i) was vetoed by the governor.]
Sec. 23.� Laws 2005, First Special Session chapter 1,
article 2, section 11, subdivision 10, is amended to read:
����� Subd. 10.� Energy. ��������������������������������������������������������������������������������������������������������������� 1,896,000����������������������� 1,896,000
Summary by Fund
Trust Fund��������������������������� 1,896,000������������������������������� 1,896,000
(a) Clean Energy Resource Teams and
Community Wind Energy Rebate and Financial Assistance Program
$350,000 the first year and $350,000
the second year are from the trust fund to the commissioner of commerce.� $300,000 of this appropriation is to provide
technical assistance to implement cost-effective conservation, energy
efficiency, and renewable energy projects.�
$400,000 of this appropriation is to assist two Minnesota
communities in developing locally owned wind energy projects by offering financial
assistance and rebates.� This
appropriation is available until June 30, 2009, at which time the project must
be completed and final products delivered, unless an earlier date is specified
in the work program. �
(b) [Paragraph (b) was vetoed by the
governor.]
(c) Manure Methane Digester
Compatible Wastes and Electrical Generation
$50,000 the first year and $50,000
the second year are from the trust fund to the commissioner of agriculture to
research the potential for a centrally located, multifarm manure digester and
the potential use of compatible waste streams with manure digesters.
(d) Dairy Farm Digesters
$168,000 the first year and $168,000
the second year are from the trust fund to the commissioner of natural
resources for an agreement with the Minnesota Project for a pilot project to
evaluate anaerobic digester technology on average size dairy farms of 50 to 300
cows.�
(e)
Wind to Hydrogen Demonstration
$400,000 the first year and
$400,000 the second year are from the trust fund to the commissioner of natural
resources for an agreement with the University of Minnesota, West Central
Research and Outreach Center, to develop a model community-scale
wind-to-hydrogen facility.
(f) Natural Gas Production from
Agricultural Biomass
$50,000 the first year and $50,000
the second year are from the trust fund to the commissioner of natural
resources for an agreement with Sebesta Blomberg and Associates to demonstrate
potential natural gas yield using anaerobic digestion of blends of chopped grasses
or crop residue with hog manure and determine optimum operating conditions for
conversion to natural gas.�
(g) Biomass-Derived Oils for
Generating Electricity and Reducing Emissions�
$75,000 the first year and $75,000
the second year are from the trust fund to the University of Minnesota to
evaluate the environmental and performance benefits of using renewable
biomass-derived oils, such as soybean oil, for generating electricity.�
(h) [Paragraph (h) was vetoed by
the governor.]
(i) [Paragraph (i) was vetoed by
the governor.]
Sec. 24.� APPLICATION OF STORM WATER RULES TO
COUNTIES.�
Until the Pollution Control Agency
storm water rules are amended, the provisions of Minnesota Rules, part
7090.1010, subpart 1, item B, subitems (2) and (3), only, shall not apply to
counties.
Sec. 25.� STATE PURCHASING OF PLUG-IN HYBRID
ELECTRIC VEHICLES.�
Subdivision 1.� Definition.� (a) As used in this section, "plug-in
hybrid electric vehicle (PHEV)" means a vehicle containing an internal
combustion engine that also allows power to be delivered to the drive wheels by
a battery-powered electric motor and that meets applicable federal motor
vehicle safety standards.� When connected
to the electrical grid via an electrical outlet, the vehicle must be able to
recharge its battery.� The vehicle must
have the ability to travel at least 20 miles, powered substantially by
electricity.
(b) As used in this section,
"neighborhood electric vehicle" means an electrically powered motor
vehicle that has four wheels and has a speed attainable in one mile of at least
20 miles per hour but not more than 25 miles per hour on a paved level surface.
Subd. 2.� Notice of state procurement
policy in bid documents.� All
solicitation documents for the purchase of a passenger automobile, as defined
in section 168.011, subdivision 7; pickup truck, as defined in section 168.011,
subdivision 29; or van, as defined in section 168.011, subdivision 28, issued
under the jurisdiction of the Department of Administration after June 30, 2006,
must contain the following language: "It is the intention of the state of Minnesota
to begin purchasing plug-in hybrid electric vehicles and neighborhood electric
vehicles as soon as they become commercially available, meet the state's
performance specifications, and are priced no more than ten percent above the
price for comparable gasoline powered vehicles.�
It is the intention of the state to purchase plug-in hybrid electric
vehicles and neighborhood electric vehicles whenever practicable after these
conditions have been met and as fleet needs dictate for at least five years
after these conditions have been met."
Sec. 26.� PLUG-IN HYBRID ELECTRIC VEHICLE
RETROFIT PROJECT.�
The automotive engineering program
at Minnesota State University - Mankato is strongly encouraged to retrofit two
flexible fuel vehicles to also operate as plug-in hybrid vehicles (PHEVs).� If the legislature does not appropriate funds
for this purpose, the Department of Administration and the Minnesota State
University - Mankato may accept donations and work cooperatively with nonprofit
agencies, higher education institutions, and public agencies to procure
vehicles and obtain other necessary funds to conduct the retrofit.
EFFECTIVE DATE.� This section is effective July 1, 2006.
Sec. 27.� DISPOSITION OF LAND SALE RECEIPTS.�
Notwithstanding Laws 2005, chapter
156, article 2, section 45, or any other law to the contrary, during fiscal
year 2006 and fiscal year 2007, all receipts from the sale of land under the
control of the commissioner of natural resources shall be credited according to
Minnesota Statutes, section 94.16.
Sec. 28.� LOWER MINNESOTA RIVER WATERSHED
DISTRICT; AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND ENLARGE DREDGE
MATERIAL SITE.�
Subdivision 1.� Definitions.� The definitions in this subdivision apply
to this section:
(1) "district" means the
Lower Minnesota River Watershed District, a district established under
Minnesota Statutes, chapter 103D;
(2) "governing body"
means the managers of the district as defined in Minnesota Statutes, section
103D.011, subdivision 15; and
(3) "dredge material
site" means a site at which public agencies or private customers may
deposit material from dredging activities conducted on the Minnesota River.
Subd. 2.� Authorization; authority to
own and operate.� The district
may own and operate a dredge material site for its own needs, the needs of
other public agencies, the needs of private customers, or any combination of
these.� The district may acquire,
construct, and install all facilities needed for that purpose and may lease,
purchase, or acquire by exercise of the power of eminent domain any existing
properties so needed.� The district may
sell the dredge material to any person or entity.� If the governing body determines that the
dredge material has no value, the district may convey the dredge material for
no consideration to any person or entity.�
The district may hire all personnel the governing body deems necessary
and may make all necessary rules and regulations for the operation and
maintenance of the dredge material site.
Subd. 3.� Charges; net revenues.� (a) To pay for the acquisition,
maintenance, operation, improvement, and enlargement of the dredge material
site and to obtain and comply with permits required by law for the dredge
material site, the governing body may impose charges for permitting private
customers to deposit dredge material at the dredge material site and make
contracts for the charges as provided in this section.
(b)
The amount of the charges imposed shall be established at the discretion of the
governing body.� In determining the
amount of the charges to be imposed, the governing body may give consideration
to all costs of the operation and maintenance of the dredge material site, the
costs of depreciation and replacement of structures and equipment, the costs of
improvements and enlargements, the cost of reimbursing the district for special
assessment revenues expended for the benefit of persons or entities not subject
to special assessment levies by the district, the amount of the principal and
interest to become due on obligations issued or to be issued, the costs of
obtaining and complying with permits required by law, the price charged for
similar services by other providers of dredge material sites in similar
markets, and all other factors the governing body deems relevant.
(c) At its discretion, the
governing body may impose a surcharge on private customers using the dredge
material site in addition to the charges allowed under paragraph (a). �The surcharge shall be for the purpose of
paying for the removal of dredge material from the dredging site if the
governing body determines it necessary.�
If the governing body later determines that there is no need to pay for
the removal of the dredge material from the dredge material site, the governing
body shall rebate all surcharges paid by private customers.
Sec. 29.� TERRESTRIAL SEQUESTRATION; REPORT.�
The commissioners of agriculture,
commerce, natural resources, and the Pollution Control Agency shall review the
phase 1 report from the Minnesota Terrestrial Carbon Sequestration Project and
report to the Minnesota Environmental Quality Board and the members of the
house and senate committees with jurisdiction over agriculture, energy,
environment, and natural resource issues by June 30, 2007, on existing
scientific information on carbon stocks in Minnesota's major ecosystems, the
economics of various carbon enhancing practices, and alternative carbon trading
systems and their potential application in Minnesota.
Sec. 30.� GREENHOUSE GAS EMISSIONS; REPORT.�
The Pollution Control Agency, in
collaboration with the Minnesota Clean Energy Environment Partnership, shall
report to the Minnesota Environmental Quality Board and the members of the
house and senate committees with jurisdiction over agriculture, energy,
environment, and natural resource issues by June 30, 2007, on strategies for
mitigating, reducing, and sequestering state greenhouse gas emissions.
Sec. 31.� CARRYFORWARD.�
The appropriation under Laws 2003,
chapter 128, article 1, section 9, subdivision 6, paragraph (c), for local
initiative grants - parks and natural areas, is available until June 30, 2007.
Sec. 32.� REPEALER.�
Minnesota Statutes 2004, section
89.011, subdivisions 1, 2, 3, and 6, are repealed.
Sec. 33.� EFFECTIVE DATE.�
Except where otherwise specified,
this article is effective the day following final enactment.
ARTICLE 2
CLEAN WATER LEGACY ACT
Section 1.� Minnesota Statutes 2004, section 103C.501,
subdivision 5, is amended to read:
Subd.
5.� Contracts by districts.� (a) A district board may contract on a
cost-share basis to furnish financial aid to a land occupier or to a state
agency for permanent systems for erosion or sedimentation control or water
quality improvement that are consistent with the district's comprehensive and
annual work plans.
(b) The duration of the contract may
must, at a minimum, be the time required to complete the planned
systems.� A contract must specify that
the land occupier is liable for monetary damages, not to exceed the
and penalties in an amount of up to 150 percent of the
financial assistance received from the district, for failure to complete the
systems or practices in a timely manner or maintain the systems or practices as
specified in the contract.
(c) A contract may provide for
cooperation or funding with federal agencies.�
A land occupier or state agency may provide the cost-sharing portion of
the contract through services in kind.
(d) The state board or the district
board may not furnish any financial aid for practices designed only to increase
land productivity.
(e) When a district board
determines that long-term maintenance of a system or practice is desirable, the
board may require that such maintenance be made a covenant upon the land for
the effective life of the practice.� A
covenant under this subdivision shall be construed in the same manner as a
conservation restriction under section 84.65.
Sec. 2.� [114D.05] CITATION.�
This chapter may be cited as the
"Clean Water Legacy Act."
Sec. 3.� [114D.10] LEGISLATIVE PURPOSE AND
FINDINGS.�
Subdivision 1.� Purpose.� The purpose of the Clean Water Legacy Act
is to protect, restore, and preserve the quality of Minnesota's surface waters
by providing authority, direction, and resources to achieve and maintain water
quality standards for surface waters as required by section 303(d) of the
federal Clean Water Act, United States Code, title 33, section 1313(d), and
applicable federal regulations.
Subd. 2.� Findings.� The legislature finds that:
(1) there is a close link between
protecting, restoring, and preserving the quality of Minnesota's surface waters
and the ability to develop the state's economy, enhance its quality of life,
and protect its human and natural resources;
(2) achieving the state's water
quality goals will require long-term commitment and cooperation by all state
and local agencies, and other public and private organizations and individuals,
with responsibility and authority for water management, planning, and
protection; and
(3) all persons and organizations
whose activities affect the quality of waters, including point and nonpoint
sources of pollution, have a responsibility to participate in and support
efforts to achieve the state's water quality goals.
Sec. 4.� [114D.15] DEFINITIONS.�
Subdivision 1.� Application.� The definitions provided in this section
apply to the terms used in this chapter.
Subd.
2.
Subd. 3.� Clean Water Council.� "Clean Water Council" or
"council" means the Clean Water Council created pursuant to section
114D.30, subdivision 1.
Subd. 4.� Federal TMDL requirements.� "Federal TMDL requirements"
means the requirements of section 303(d) of the Clean Water Act, United States
Code, title 33, section 1313(d), and associated regulations and guidance.
Subd. 5.� Impaired water.� "Impaired water" means surface
water that does not meet applicable water quality standards.
Subd. 6.� Public agencies.� "Public agencies" means all
state agencies, political subdivisions, joint powers organizations, and special
purpose units of government with authority, responsibility, or expertise in
protecting, restoring, or preserving the quality of surface waters, managing or
planning for surface waters and related lands, or financing waters-related
projects.� Public agencies includes the
University of Minnesota and other public education institutions.
Subd. 7.� Restoration.� "Restoration" means actions,
including effectiveness monitoring, that are taken to achieve and maintain
water quality standards for impaired waters in accordance with a TMDL that has
been approved by the United States Environmental Protection Agency under
federal TMDL requirements.
Subd. 8.� Surface waters.� "Surface waters" means waters of
the state as defined in section 115.01, subdivision 22, excluding groundwater
as defined in section 115.01, subdivision 6.
Subd. 9.� Third-party TMDL.� "Third-party TMDL" means a TMDL
by the Pollution Control Agency that is developed in whole or in part by a
qualified public entity other than the Pollution Control Agency consistent with
the goals, policies, and priorities in section 114D.20.
Subd. 10.� Total maximum daily load or
TMDL.� "Total maximum
daily load" or "TMDL" means a scientific study that contains a
calculation of the maximum amount of a pollutant that may be introduced into a
surface water and still ensure that applicable water quality standards for that
water are restored and maintained.� A TMDL
also is the sum of the pollutant load allocations for all sources of the
pollutant, including a wasteload allocation for point sources, a load
allocation for nonpoint sources and natural background, an allocation for
future growth of point and nonpoint sources, and a margin of safety to account
for uncertainty about the relationship between pollutant loads and the quality
of the receiving surface water. "Natural background" means
characteristics of the water body resulting from the multiplicity of factors in
nature, including climate and ecosystem dynamics, that affect the physical,
chemical, or biological conditions in a water body, but does not include
measurable and distinguishable pollution that is attributable to human activity
or influence.� A TMDL must take into
account seasonal variations.
Subd. 11.� TMDL implementation plan.� "TMDL implementation plan" means
a document detailing restoration activities needed to meet the approved TMDL's
pollutant load allocations for point and nonpoint sources.
Subd. 12.� Water quality standards.� "Water quality standards" for
Minnesota surface waters are found in Minnesota Rules, chapters 7050 and 7052.
Sec.
5.� [114D.20] IMPLEMENTATION;
COORDINATION; GOALS; POLICIES; AND PRIORITIES.�
Subdivision 1.� Coordination and
cooperation.� In implementing
this chapter, public agencies and private entities shall take into
consideration the relevant provisions of local and other applicable water
management, conservation, land use, land management, and development plans and
programs.� Public agencies with authority
for local water management, conservation, land use, land management, and
development plans shall take into consideration the manner in which their plans
affect the implementation of this chapter.�
Public agencies shall identify opportunities to participate and assist
in the successful implementation of this chapter, including the funding or
technical assistance needs, if any, that may be necessary.� In implementing this chapter, public agencies
shall endeavor to engage the cooperation of organizations and individuals whose
activities affect the quality of surface waters, including point and nonpoint
sources of pollution, and who have authority and responsibility for water
management, planning, and protection.� To
the extent practicable, public agencies shall endeavor to enter into formal and
informal agreements and arrangements with federal agencies and departments to
jointly utilize staff and educational, technical, and financial resources to
deliver programs or conduct activities to achieve the intent of this chapter,
including efforts under the federal Clean Water Act and other federal farm and
soil and water conservation programs.�
Nothing in this chapter affects the application of silvicultural
exemptions under any federal, state, or local law or requires silvicultural
practices more stringent than those recommended in the timber harvesting and
forest management guidelines adopted by the Minnesota Forest Resources Council
under section 89A.05.
Subd. 2.� Goals for implementation.� The following goals must guide the
implementation of this chapter:
(1) to identify impaired waters in
accordance with federal TMDL requirements within ten years after the effective
date of this section and thereafter to ensure continuing evaluation of surface
waters for impairments;
(2) to submit TMDL's to the United
States Environmental Protection Agency for all impaired waters in a timely
manner in accordance with federal TMDL requirements;
(3) to set a reasonable time for
implementing restoration of each identified impaired water;
(4) to provide assistance and
incentives to prevent waters from becoming impaired and to improve the quality
of waters which are listed as impaired but have no approved TMDL addressing the
impairment;
(5) to promptly seek the delisting
of waters from the impaired waters list when those waters are shown to achieve
the designated uses applicable to the waters; and
(6) to achieve compliance with
federal Clean Water Act requirements in Minnesota.
Subd. 3.� Implementation policies.� The following policies must guide the
implementation of this chapter:
(1) develop regional and watershed
TMDL's and TMDL implementation plans, and TMDL's and TMDL implementation plans
for multiple pollutants, where reasonable and feasible;
(2) maximize use of available
organizational, technical, and financial resources to perform sampling,
monitoring, and other activities to identify impaired waters, including use of
citizen monitoring and citizen monitoring data used by the Pollution Control
Agency in assessing water quality must meet the requirements in appendix D of
the Volunteer Surface Water Monitoring Guide, Minnesota Pollution Control
Agency (2003);
(3) maximize opportunities for
restoration of impaired waters, by prioritizing and targeting of available programmatic,
financial, and technical resources and by providing additional state resources
to complement and leverage available resources;
(4)
use existing regulatory authorities to achieve restoration for point and
nonpoint sources of pollution where applicable, and promote the development and
use of effective nonregulatory measures to address pollution sources for which
regulations are not applicable;
(5) use restoration methods that
have a demonstrated effectiveness in reducing impairments and provide the
greatest long-term positive impact on water quality protection and improvement
and related conservation benefits while incorporating innovative approaches on
a case-by-case basis;
(6) identify for the legislature
any innovative approaches that may strengthen or complement existing programs;
(7) identify and encourage
implementation of measures to prevent waters from becoming impaired and to
improve the quality of waters that are listed as impaired but have no approved
TMDL addressing the impairment using the best available data and technology,
and establish and report outcome-based performance measures that monitor the
progress and effectiveness of protection and restoration measures; and
(8) monitor and enforce
cost-sharing contracts and impose monetary damages in an amount up to 150
percent of the financial assistance received for failure to comply.
Subd. 4.� Priorities for identifying
impaired waters.� The
Pollution Control Agency, in accordance with federal TMDL requirements, shall
set priorities for identifying impaired waters, giving consideration to:
(1) waters where impairments would
pose the greatest potential risk to human or aquatic health; and
(2) waters where data developed
through public agency or citizen monitoring or other means, provides scientific
evidence that an impaired condition exists.
Subd. 5.� Priorities for preparation
of TMDL's.� The Clean Water
Council shall recommend priorities for scheduling and preparing TMDL's and TMDL
implementation plans, taking into account the severity of the impairment, the
designated uses of those waters, and other applicable federal TMDL
requirements.� In recommending
priorities, the council shall also give consideration to waters and watersheds:
(1) with impairments that pose the
greatest potential risk to human health;
(2) with impairments that pose the
greatest potential risk to threatened or endangered species;
(3) with impairments that pose the
greatest potential risk to aquatic health;
(4) where other public agencies and
participating organizations and individuals, especially local, basinwide,
watershed, or regional agencies or organizations, have demonstrated readiness
to assist in carrying out the responsibilities, including availability and
organization of human, technical, and financial resources necessary to
undertake the work; and
(5) where there is demonstrated
coordination and cooperation among cities, counties, watershed districts, and
soil and water conservation districts in planning and implementation of
activities that will assist in carrying out the responsibilities.
Subd. 6.� Priorities for restoration
of impaired waters.� In
implementing restoration of impaired waters, in addition to the priority
considerations in subdivision 5, the Clean Water Council shall give priority in
its recommendations for restoration funding from the clean water legacy account
to restoration projects that:
(1) coordinate with and utilize
existing local authorities and infrastructure for implementation;
(2)
can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;
(3) most effectively leverage other
sources of restoration funding, including federal, state, local, and private
sources of funds;
(4) show a high potential for early
restoration and delisting based upon scientific data developed through public
agency or citizen monitoring or other means; and
(5) show a high potential for
long-term water quality and related conservation benefits.
Subd. 7.� Priorities for funding
prevention actions.� The Clean
Water Council shall apply the priorities applicable under subdivision 6, as far
as practicable, when recommending priorities for funding actions to prevent
waters from becoming impaired and to improve the quality of waters that are listed
as impaired but have no approved TMDL.
Sec. 6.� [114D.25] ADMINISTRATION; POLLUTION
CONTROL AGENCY.�
Subdivision 1.� General duties and
authorities.� (a) The
Pollution Control Agency, in accordance with federal TMDL requirements, shall:
(1) identify impaired waters and
propose a list of the waters for review and approval by the United States
Environmental Protection Agency;
(2) develop and approve TMDL's for
listed impaired waters and submit the approved TMDL's to the United State
Environmental Protection Agency for final approval; and
(3) propose to delist waters from
the Environmental Protection Agency impaired waters list.
(b) A TMDL must include a statement
of the facts and scientific data supporting the TMDL and a list of potential
implementation options, including a range of estimates of the cost of
implementation and individual wasteload data for any point sources addressed by
the TMDL.
(c) The implementation information
need not be sent to the United States Environmental Protection Agency for
review and approval.
Subd. 2.� Administrative procedures
for TMDL approval.� The
approval of a TMDL by the Pollution Control Agency is a final decision of the
agency for purposes of section 115.05, and is subject to the contested case
procedures of sections 14.57 to 14.62 in accordance with agency procedural
rules.� The agency shall not submit an
approved TMDL to the United States Environmental Protection Agency until the
time for commencing judicial review has run or the judicial review process has been
completed.� A TMDL is not subject to the
rulemaking requirements of chapter 14, including section 14.386.
Subd. 3.� TMDL submittal requirement.� Before submitting a TMDL to the United
States Environmental Protection Agency, the Pollution Control Agency shall
comply with the notice and procedure requirements of this section.� If a contested case proceeding is not
required for a proposed TMDL, the agency may submit the TMDL to the United
States Environmental Protection Agency no earlier than 30 days after the notice
required in subdivision 4.� If a
contested case proceeding is required for a TMDL, the TMDL may be submitted to
the United States Environmental Protection Agency after the contested case
proceeding and appeal process is completed.
Subd.
4.
(1) that the public has 30 days in
which to submit comment in support of or in opposition to the proposed TMDL and
that comment is encouraged;
(2) that each comment should identify
the portion of the proposed TMDL addressed, the reason for the comment, and any
change proposed;
(3) of the manner in which persons
must request a contested case proceeding on the proposed TMDL;
(4) that the proposed TMDL may be
modified if the modifications are supported by the data and views submitted;
and
(5) the date on which the 30-day
comment period ends.
Subd. 5.� Third-party TMDL
development.� The Pollution
Control Agency may enter into agreements with any qualified public agency setting
forth the terms and conditions under which that entity is authorized to develop
a third-party TMDL.� In determining
whether the public agency is qualified to develop a third-party TMDL, the
Pollution Control Agency shall consider the technical and administrative
qualifications of the public agency, cost, and shall avoid any potential
organizational conflict of interest, as defined in section 16C.02, subdivision
10a, of the public agency with respect to the development of the third-party
TMDL.� A third-party TMDL is subject to
modification and approval by the Pollution Control Agency, and must be approved
by the Pollution Control Agency before it is submitted to the United States
Environmental Protection Agency.� The
Pollution Control Agency shall only consider authorizing the development of
third-party TMDL's consistent with the goals, policies, and priorities
determined under section 116.384.
Sec. 7.� [114D.30] CLEAN WATER COUNCIL.�
Subdivision 1.� Creation; duties.� A Clean Water Council is created to advise
the Pollution Control Agency and other implementing public agencies on the
administration and implementation of this chapter, and foster coordination and
cooperation as described in section 114D.20, subdivision 1.� The council may also advise on the
development of appropriate processes for expert scientific review as described
in section 114D.35, subdivision 2.� The
Pollution Control Agency shall provide administrative support for the council
with the support of other member agencies.�
The members of the council shall elect a chair from the nonagency
members of the council.
Subd. 2.� Membership; appointment.� The governor must appoint the members of
the council.� The governor must appoint
one person from each of the following agencies: the Department of Natural
Resources, the Department of Agriculture, the Pollution Control Agency, and the
Board of Water and Soil Resources.� The
governor must appoint 18 additional nonagency members of the council as
follows:
(1) two members representing
statewide farm organizations;
(2) two members representing
business organizations;
(3)
two members representing environmental organizations;
(4) one member representing soil
and water conservation districts;
(5) one member representing
watershed districts;
(6) one member representing
nonprofit organizations focused on improvement of Minnesota lakes or streams;
(7) two members representing
organizations of county governments;
(8) two members representing
organizations of city governments;
(9) one member representing the
Metropolitan Council established under section 473.123;
(10) one member representing an
organization of township governments;
(11) one member representing the
interests of tribal governments; and
(12) two members representing
statewide hunting organizations.
In making appointments, the governor must attempt to provide for
geographic balance.
Subd. 3.� Terms; compensation;
removal.� The initial terms of
members representing state agencies and the Metropolitan Council expire on the
first Monday in January, 2007.�
Thereafter, the terms of members representing the state agencies and the
Metropolitan Council are four years and are coterminous with the governor.� The terms of other members of the council
shall be as provided in section 15.059, subdivision 2.� Members may serve until their successors are
appointed and qualify.� Compensation and
removal of council members is as provided in section 15.059, subdivisions 3 and
4.� A vacancy on the council may be
filled by the appointing authority provided in subdivision 1 for the remainder
of the unexpired term.
Subd. 4.� Implementation plan.� The Clean Water Council shall prepare a
plan for implementation of this chapter.�
The plan shall address general procedures and timeframes for implementing
this chapter, and shall include a more specific implementation work plan for
the next fiscal biennium and a framework for setting priorities to address
impaired waters consistent with section 114D.45, subdivisions 2 to 7.� The council shall issue the first
implementation plan under this subdivision by December 1, 2006, and shall issue
a revised work plan by December 1 of each even-numbered year thereafter.
Subd. 5.� Recommendations on
appropriation of funds.� The
Clean Water Council shall recommend to the governor the manner in which money
from the clean water legacy account should be appropriated for the purposes
identified in section 114D.45, subdivision 3.�
The council's recommendations must be consistent with the purposes,
policies, goals, and priorities in sections 114D.05 to 114D.35, and shall
allocate adequate support and resources to identify impaired waters, develop
TMDL's, develop TMDL implementation plans, implement restoration of impaired
waters, and provide assistance and incentives to prevent waters from becoming
impaired and improve the quality of waters which are listed as impaired but
have no approved TMDL.� The council must
recommend methods of ensuring that awards of grants, loans, or other funds from
the clean water legacy account specify the outcomes to be achieved as a result
of the funding, and specify standards to hold the recipient accountable for
achieving the desired outcomes.
Subd.
6.
Sec. 8.� [114D.35] PUBLIC AND STAKEHOLDER
PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.�
Subdivision 1.� Public and stakeholder
participation.� Public
agencies and private entities involved in the implementation of this chapter
shall encourage participation by the public and stakeholders, including local
citizens, landowners and managers, and public and private organizations, in the
identification of impaired waters, in developing TMDL's, and in planning,
priority setting, and implementing restoration of impaired waters.� In particular, the Pollution Control Agency
shall make reasonable efforts to provide timely information to the public and
to stakeholders about impaired waters that have been identified by the
agency.� The agency shall seek broad and
early public and stakeholder participation in scoping the activities necessary
to develop a TMDL, including the scientific models, methods, and approaches to
be used in TMDL development, and to implement restoration pursuant to section
114D.15, subdivision 7.
Subd. 2.� Expert scientific advice.� The Clean Water Council and public
agencies and private entities shall make use of available public and private
expertise from educational, research, and technical organizations, including
the University of Minnesota and other higher education institutions, to provide
appropriate independent expert advice on models, methods, and approaches used
in identifying impaired waters, developing TMDL's, and implementing prevention
and restoration.
Subd. 3.� Education.� The Clean Water Council shall develop
strategies for informing, educating, and encouraging the participation of
citizens, stakeholders, and others regarding the identification of impaired
waters, development of TMDL's, development of TMDL implementation plans, and
implementation of restoration for impaired waters.� Public agencies shall be responsible for
implementing the strategies.
Sec. 9.� Minnesota Statutes 2005 Supplement, section
116.182, subdivision 2, is amended to read:
Subd. 2.� Applicability.� This section governs the commissioner's
certification of projects seeking financial assistance under section 103F.725,
subdivision 1a; 446A.07; 446A.072; oder 446A.073; 446A.074; or 446A.075.
Sec. 10.� [446A.074] CLEAN WATER LEGACY PHOSPHORUS
REDUCTION GRANTS.�
Subdivision 1.� Creation of fund.� The authority shall establish a clean
water legacy capital improvement fund and shall make grants from the fund as
provided in this section.
Subd. 2.� Grants.� The authority shall award grants from the
clean water legacy capital improvement fund to governmental units for the
capital costs of wastewater treatment facility projects or a portion thereof
that will reduce the discharge of total phosphorus from the facility to one
milligram per liter or less.� A project
is eligible for a grant if it meets the following requirements:
(1) the applicable phosphorus
discharge limit is incorporated in a permit issued by the agency for the
wastewater treatment facility on or after March 28, 2000, the grantee agrees to
comply with the applicable limit as a condition of receiving the grant, or the
grantee made improvements to a wastewater treatment facility on or after March
28, 2000, that include infrastructure to reduce the discharge of total phosphorus
to one milligram per liter or less;
(2)
the governmental unit has submitted a facilities plan for the project to the
agency and a grant application to the authority on a form prescribed by the
authority; and
(3) the agency has approved the
facilities plan, and certified the eligible costs for the project to the
authority.
Subd. 3.� Eligible capital costs.� Eligible capital costs for phosphorus
reduction grants under subdivision 4, paragraph (a), include the as-bid
construction costs and engineering planning and design costs for phosphorus
treatment.� Eligible capital costs for
phosphorus reduction grants under subdivision 4, paragraph (b), include the
final, incurred construction, engineering, planning, and design costs for
phosphorus treatment.
Subd. 4.� Grant amounts and
priorities.� (a) Priority must
be given to projects that start construction on or after July 1, 2006.� If a facility's plan for a project is
approved by the agency before July 1, 2010, the amount of the grant is 75
percent of the eligible capital cost of the project.� If a facility's plan for a project is
approved by the agency on or after July 1, 2010, the amount of the grant is 50
percent of the eligible capital cost of the project.� Priority in awarding grants under this
paragraph must be based on the date of approval of the facility's plan for the
project.
(b) Projects that meet the
eligibility requirements in subdivision 2 and have started construction before
July 1, 2006, are eligible for grants to reimburse up to 75 percent of the
eligible capital cost of the project, less any amounts previously received in
grants from other sources.� Application
for a grant under this paragraph must be submitted to the authority no later
than June 30, 2008.� Priority for award
of grants under this paragraph must be based on the date of agency approval of
the facility plan.
(c) In each fiscal year that money
is available for grants, the authority shall first award grants under paragraph
(a) to projects that met the eligibility requirements of subdivision 2 by May 1
of that year.� The authority shall use
any remaining money available that year to award grants under paragraph
(b).� Grants that have been approved but
not awarded in a previous fiscal year carry over and must be awarded in
subsequent fiscal years in accordance with the priorities in this paragraph.
(d) Disbursements of grants under
this section by the authority to recipients must be made for eligible project
costs as incurred by the recipients, and must be made by the authority in accordance
with the project financing agreement and applicable state law.
Subd. 5.� Fees.� The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant agreement.
Sec. 11.� [446A.075] SMALL COMMUNITY WASTEWATER
TREATMENT PROGRAM.�
Subdivision 1.� Creation of fund.� The authority shall establish a small
community wastewater treatment fund and shall make loans and grants from the
fund as provided in this section.� Money
in the fund is annually appropriated to the authority and does not lapse.� The fund shall be credited with all loan
repayments and investment income from the fund, and servicing fees assessed
under section 446A.04, subdivision 5. �The authority shall manage and administer the
small community wastewater treatment fund, and for these purposes, may exercise
all powers provided in this chapter.
Subd. 2.� Loans and grants.� (a) The authority shall award loans as
provided in paragraph (b) and grants as provided in paragraphs (c) and (d) to
governmental units from the small community wastewater treatment fund for
projects to replace noncomplying individual sewage treatment systems with a
community wastewater treatment system or systems meeting the requirements of
section 115.55.� A governmental unit
receiving a loan or loan and grant from the fund shall own the community
wastewater treatment systems built under the program and shall be responsible,
either directly or through a contract with a private vendor, for all
inspections, maintenance, and repairs necessary to ensure proper operation of
the systems.
(b)
Loans may be awarded for up to 100 percent of eligible project costs as
described in this section.
(c) When the area to be served by a
project has a median household income below the state average median household
income, the governmental unit may receive 50 percent of the funding provided
under this section in the form of a grant.�
An applicant may submit income survey data collected by an independent
party if it believes the most recent United States census does not accurately
reflect the median household income of the area to be served.
(d) If requested, a governmental
unit receiving funding under this section may receive a grant equal to ten
percent of its first year's award, up to a maximum of $30,000, to contract for
technical assistance services from the University of Minnesota Extension
Service to develop the technical, managerial, and financial capacity necessary
to build, operate, and maintain the systems.
Subd. 3.� Project priority list.� Governmental units seeking loans or loans
and grants from the small community wastewater treatment program shall first
submit a project proposal to the agency on a form prescribed by the agency.� A project proposal shall include the
compliance status for all individual sewage treatment systems in the project
area.� The agency shall rank project
proposals on its project priority list used for the water pollution control
revolving fund under section 446A.07.
Subd. 4.� Applications.� Governmental units with projects on the
project priority list shall submit applications to the authority on forms
prescribed by the authority.� The
application shall include:
(1) a list of the individual sewage
treatment systems proposed to be replaced over a period of up to three years;
(2) a project schedule and cost
estimate for each year of the project;
(3) a financing plan for repayment
of the loan; and
(4) a management plan providing for
the inspection, maintenance, and repairs necessary to ensure proper operation
of the systems.
Subd. 5.� Awards.� The authority shall award loans or loans
and grants as provided in subdivision 2 to governmental units with approved
applications based on their ranking on the agency's project priority list.� The total amount awarded shall be based on
the estimated project costs for the portion of the project expected to be
completed within one year, up to an annual maximum of $500,000.� For projects expected to take more than one
year to complete, the authority may make a multiyear commitment for a period
not to exceed three years, contingent on the future availability of funds.� Each year of a multiyear commitment must be
funded by a separate loan or loan and grant agreement meeting the terms and
conditions in subdivision 6.� A
governmental unit receiving a loan or loan and grant under a multiyear
commitment shall have priority for additional loan and grant funds in
subsequent years.
Subd. 6.� Loan terms and conditions.� Loans from the small community wastewater
treatment fund shall comply with the following terms and conditions:
(1) principal and interest payments
must begin no later than two years after the loan is awarded;
(2) loans shall carry an interest
rate of one percent;
(3) loans shall be fully amortized
within ten years of the first scheduled payment or, if the loan amount exceeds
$10,000 per household, shall be fully amortized within 20 years but not to
exceed the expected design life of the system;
(4)
a governmental unit receiving a loan must establish a dedicated source or
sources of revenues for repayment of the loan and must issue a general
obligation note to the authority for the full amount of the loan; and
(5) each property owner to be
served by a community wastewater treatment system under this program must
provide an easement to the governmental unit to allow access to the system for
management and repairs.
Subd. 7.� Special assessment
deferral.� (a) A governmental
unit receiving a loan under this section that levies special assessments to
repay the loan may defer payment of the assessments under the provisions of
sections 435.193 to 435.195.
(b) A governmental unit that defers
payment of special assessments for one or more properties under paragraph (a)
may request deferral of that portion of the debt service on its loan, and the
authority shall accept appropriate amendments to the general obligation note of
the governmental unit.� If special
assessment payments are later received from properties that received a
deferral, the funds received shall be paid to the authority with the next
scheduled loan payment.
Subd. 8.� Eligible costs.� Eligible costs for small community
wastewater treatment loans and grants shall include the costs of technical
assistance as provided in subdivision 2, paragraph (d), planning, design,
construction, legal fees, administration, and land acquisition.
Subd. 9.� Disbursements.� Loan and grant disbursements by the
authority under this section must be made for eligible project costs as
incurred by the recipients, and must be made in accordance with the project
loan or grant and loan agreement and applicable state law.
Subd. 10.� Audits.� A governmental unit receiving a loan under
this section must annually provide to the authority for the term of the loan a
copy of its annual independent audit or, if the governmental unit is not
required to prepare an independent audit, a copy of the annual financial
reporting form it provides to the state auditor.
Sec. 12.� APPROPRIATIONS.�
Subdivision 1.� General provisions.� The appropriations in this section are
from the general fund and are available for the fiscal year ending June 30,
2007.� Unless otherwise specified in this
section, these appropriations do not cancel and remain available until June 30,
2007.� Appropriations in this section
that are encumbered under contract, including grant contract, on or before June
30, 2007, are available until June 30, 2009.
Subd. 2.� Pollution Control Agency.� The following amounts are appropriated to
the Pollution Control Agency for the purposes stated:
(1) $1,450,000 for statewide
assessment of surface water quality and trends; of these amounts, up to
$1,010,000 is available for grants or contracts to support citizen monitoring
of surface waters; and
(2) $3,170,000 is available to
develop TMDL's and TMDL implementation plans for waters listed on the United
States Environmental Protection Agency approved 2004 impaired waters list; of
this appropriation, up to $1,740,000 is available for grants or contracts to
develop TMDL's.
Subd. 3.� Agriculture Department.� The following amounts are appropriated to
the Department of Agriculture for the purposes stated:
(1) $1,000,000 is for agricultural
best management practices loan program; this appropriation remains available
until spent; of this amount, $800,000 is for pass-through to local governments
and lenders for low-interest loans to producers and rural landowners;
(2)
$300,000 is available to expand technical assistance to producers and
conservation professionals on nutrient and pasture management; target practices
to sources of water impairments; coordinate federal and state farm conservation
programs to fully utilize federal conservation funds; and expand conservation
planning assistance for producers; of this amount, $100,000 is available for
grants or contracts to develop nutrient and conservation planning assistance
information materials; and
(3) $200,000 is available for
research, evaluation, and effectiveness monitoring of agricultural practices in
restoring impaired waters.
Subd. 4.� Board of Water and Soil
Resources.� The following
amounts are appropriated to the Board of Water and Soil Resources for
restoration and prevention actions.� All
of the money appropriated in this subdivision as grants to local governments
will be administered through the Board of Water and Soil Resources' Local Water
Resources Protection and Management Program under Minnesota Statutes, section
103B.3369:
(1) $875,000 is for targeted
nonpoint restoration cost-share and incentive payments; of these amounts, up to
$775,000 in fiscal year 2007 is available for grants;
(2) $1,575,000 is for targeted
nonpoint restoration technical, compliance, and engineering assistance
activities; up to $1,375,000 in fiscal year 2007 is available for grants;
(3) $200,000 in fiscal year 2007 is
for reporting and evaluation of applied soil and water conservation practices;
(4) $250,000 is for grants for
implementation of county individual sewage treatment system programs; and
(5) $500,000 is for grants to
support local nonpoint source protection activities related to lake and river
protection and management.
Subd. 5.� Department of Natural
Resources.� The following
amounts are appropriated to the Department of Natural Resources for the
purposes stated:
(1) $280,000 in fiscal year 2007 is
for statewide assessment of surface water quality and trends;
(2) $200,000 is available for
restoration of impaired waters and actions to prevent waters from becoming
impaired; of these amounts, up to $1,400,000 in fiscal year 2007 is available
for grants and contracts for forest stewardship planning and implementation,
and for research, compliance, and monitoring; and
(3) $1,824,000 in fiscal year 2006
and $424,000 in fiscal year 2007 from the environment trust fund is for fee
title acquisition and easements on high priority, sensitive riparian lands that
provide high value for watershed protection.
Sec. 13.� EFFECTIVE DATE.�
Sections 1 to 12 are effective the
day following final enactment."
Delete the title and insert:
"A bill for an act relating to
appropriations; appropriating money and supplementing appropriations for
environment and natural resources; providing for temporary state park permits
for towed vehicles; modifying state park permit requirements and fees;
providing for state forest user fees; providing for land donor appraisal
reimbursement; providing for acquisition of land for certain facilities;
modifying certain definitions; modifying forest services provided to private owners;
modifying the State Timber Act; eliminating the requirement for a comprehensive
forest resource management plan; providing for disposition of certain land sale
receipts; modifying noise standard exemptions; extending certain deadlines;
modifying application of storm water rules; establishing state policy for
purchase of hybrid vehicles; granting certain authority to the Lower Minnesota
River Watershed District; creating the Clean Water Legacy Act; creating grant
and loan programs; modifying provisions for cost-sharing contracts for erosion
control and water management; requiring reports; amending Minnesota Statutes
2004, sections 84.085, subdivision 1; 85.052, subdivision 4; 85.053, by adding
a subdivision; 85.054, by adding subdivisions; 88.79, subdivision 1; 90.14;
90.151, subdivisions 1, 6, by adding a subdivision; 103C.501, subdivision 5;
103I.005, subdivision 9; 116.07, subdivision 2a; Minnesota Statutes 2005
Supplement, sections 85.053, subdivision 2; 85.055, subdivision 1; 116.182,
subdivision 2; Laws 2003, chapter 128, article 1, section 165; Laws 2005, First
Special Session chapter 1, article 2, section 11, subdivisions 5, 10; proposing
coding for new law in Minnesota Statutes, chapters 85; 89; 90; 446A; proposing
coding for new law as Minnesota Statutes, chapter 114D; repealing Minnesota
Statutes 2004, section 89.011, subdivisions 1, 2, 3, 6."
With the recommendation that when
so amended the bill pass and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Bradley from the Committee on Health Policy and Finance to
which was referred:
H. F. No. 3697, A bill for an act relating to appropriations;
appropriating and transferring money and supplementing or reducing
appropriations for various health and human services programs or activities;
establishing, regulating, or modifying certain health and human services
programs or activities; requiring studies and reports; amending Minnesota
Statutes 2005 Supplement, section 16A.724, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 144.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
LONG-TERM CARE AND MENTAL HEALTH
Section 1.� Minnesota
Statutes 2004, section 144.0724, subdivision 4, is amended to read:
Subd. 4.� Resident assessment schedule.� (a) A facility must conduct and
electronically submit to the commissioner of health case mix assessments that
conform with the assessment schedule defined by Code of Federal Regulations, title
42, section 483.20, and published by the United States Department of Health and
Human Services, Centers for Medicare and Medicaid Services, in the Long Term
Care Assessment Instrument User's Manual, version 2.0, October 1995, and
subsequent clarifications made in the Long-Term Care Assessment Instrument
Questions and Answers, version 2.0, August 1996.� The commissioner of health may substitute
successor manuals or question and answer documents published by the United
States Department of Health and Human Services, Centers for Medicare and
Medicaid Services, to replace or supplement the current version of the manual
or document.
(b) The assessments used to determine a case mix
classification for reimbursement include the following:
(1) a new admission assessment must be completed by day 14
following admission;
(2)
an annual assessment must be completed within 366 days of the last
comprehensive assessment;
(3) a significant change assessment must be completed within
14 days of the identification of a significant change; and
(4) the first, second, and third quarterly
assessment following either a new admission assessment, an annual assessment,
or a significant change assessment.� Each
quarterly assessment must be completed within 92 days of the previous
assessment.
EFFECTIVE
DATE.� This section is
effective October 1, 2006.
Sec. 2.� Minnesota
Statutes 2004, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a.� Exceptions for replacement beds.� It is in the best interest of the state to
ensure that nursing homes and boarding care homes continue to meet the physical
plant licensing and certification requirements by permitting certain
construction projects.� Facilities should
be maintained in condition to satisfy the physical and emotional needs of
residents while allowing the state to maintain control over nursing home
expenditure growth.
The commissioner of health in coordination with the
commissioner of human services, may approve the renovation, replacement,
upgrading, or relocation of a nursing home or boarding care home, under the
following conditions:
(a) to license or certify beds in a new facility constructed
to replace a facility or to make repairs in an existing facility that was
destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard
provided:
(i) destruction was not caused by the intentional act of or
at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the
controlling persons of the facility maintained insurance coverage for the type
of hazard that occurred in an amount that a reasonable person would conclude
was adequate;
(iii) the net proceeds from an insurance settlement for the
damages caused by the hazard are applied to the cost of the new facility or
repairs;
(iv) the new facility is constructed on the same site as the
destroyed facility or on another site subject to the restrictions in section
144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new
facility does not exceed the number of licensed and certified beds in the
destroyed facility; and
(vi) the commissioner determines that the replacement beds
are needed to prevent an inadequate supply of beds.
Project
construction costs incurred for repairs authorized under this clause shall not
be considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one
location to another within a nursing home facility, provided the total costs of
remodeling performed in conjunction with the relocation of beds does not exceed
$1,000,000;
(c) to license or certify beds in a project recommended for
approval under section 144A.073;
(d)
to license or certify beds that are moved from an existing state nursing home
to a different state facility, provided there is no net increase in the number
of state nursing home beds;
(e) to certify and license as nursing home beds boarding care
beds in a certified boarding care facility if the beds meet the standards for
nursing home licensure, or in a facility that was granted an exception to the
moratorium under section 144A.073, and if the cost of any remodeling of the
facility does not exceed $1,000,000.� If
boarding care beds are licensed as nursing home beds, the number of boarding
care beds in the facility must not increase beyond the number remaining at the
time of the upgrade in licensure.� The
provisions contained in section 144A.073 regarding the upgrading of the
facilities do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an
existing facility owned and operated by the Amherst H. Wilder Foundation in the
city of St. Paul to a new unit at the same location as the existing facility
that will serve persons with Alzheimer's disease and other related
disorders.� The transfer of beds may
occur gradually or in stages, provided the total number of beds transferred
does not exceed 40.� At the time of
licensure and certification of a bed or beds in the new unit, the commissioner
of health shall delicense and decertify the same number of beds in the existing
facility.� As a condition of receiving a
license or certification under this clause, the facility must make a written
commitment to the commissioner of human services that it will not seek to
receive an increase in its property-related payment rate as a result of the
transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace
currently licensed and certified boarding care beds which may be located either
in a remodeled or renovated boarding care or nursing home facility or in a
remodeled, renovated, newly constructed, or replacement nursing home facility
within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the
number of boarding care beds in the facility or complex are decreased by the
number to be licensed as nursing home beds and further provided that, if the
total costs of new construction, replacement, remodeling, or renovation exceed
ten percent of the appraised value of the facility or $200,000, whichever is
less, the facility makes a written commitment to the commissioner of human
services that it will not seek to receive an increase in its property-related
payment rate by reason of the new construction, replacement, remodeling, or
renovation.� The provisions contained in
section 144A.073 regarding the upgrading of facilities do not apply to
facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing
facility a facility that is licensed as a boarding care facility but not
certified under the medical assistance program, but only if the commissioner of
human services certifies to the commissioner of health that licensing the
facility as a nursing home and certifying the facility as a nursing facility
will result in a net annual savings to the state general fund of $200,000 or
more;
(i) to certify, after September 30, 1992, and prior to July
1, 1993, existing nursing home beds in a facility that was licensed and in
operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace
beds in a facility acquired by the Minneapolis Community Development Agency as
part of redevelopment activities in a city of the first class, provided the new
facility is located within three miles of the site of the old facility.� Operating and property costs for the new
facility must be determined and allowed under section 256B.431 or 256B.434;
(k) to license and certify up to 20 new nursing home beds in
a community-operated hospital and attached convalescent and nursing care
facility with 40 beds on April 21, 1991, that suspended operation of the
hospital in April 1986.� The commissioner
of human services shall provide the facility with the same per diem
property-related payment rate for each additional licensed and certified bed as
it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or
upgrading projects as defined in section 144A.073, subdivision 1, so long as
the cumulative total costs of the facility's remodeling projects do not exceed
$1,000,000;
(m)
to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy
rooms in a nursing home that, as of January 1, 1993, was county-owned and had a
licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed
licensed and certified nursing facility located in Minneapolis to layaway all
of its licensed and certified nursing home beds.� These beds may be relicensed and recertified
in a newly constructed teaching nursing home facility affiliated with a
teaching hospital upon approval by the legislature.� The proposal must be developed in
consultation with the interagency committee on long-term care planning.� The beds on layaway status shall have the
same status as voluntarily delicensed and decertified beds, except that beds on
layaway status remain subject to the surcharge in section 256.9657.� This layaway provision expires July 1, 1998;
(o) to allow a project which will be completed in conjunction
with an approved moratorium exception project for a nursing home in southern
Cass County and which is directly related to that portion of the facility that
must be repaired, renovated, or replaced, to correct an emergency plumbing
problem for which a state correction order has been issued and which must be
corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed
licensed and certified nursing facility located in Minneapolis to layaway, upon
30 days prior written notice to the commissioner, up to 30 of the facility's
licensed and certified beds by converting three-bed wards to single or double
occupancy.� Beds on layaway status shall
have the same status as voluntarily delicensed and decertified beds except that
beds on layaway status remain subject to the surcharge in section 256.9657,
remain subject to the license application and renewal fees under section
144A.07 and shall be subject to a $100 per bed reactivation fee.� In addition, at any time within three years
of the effective date of the layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and
reactivation of some or all of the beds to an existing licensed and certified
facility or facilities located in Pine River, Brainerd, or International Falls;
provided that the total project construction costs related to the relocation of
beds from layaway status for any facility receiving relocated beds may not
exceed the dollar threshold provided in subdivision 2 unless the construction
project has been approved through the moratorium exception process under
section 144A.073;
(2) relicensed and recertified, upon reactivation of some or
all of the beds within the facility which placed the beds in layaway status, if
the commissioner has determined a need for the reactivation of the beds on
layaway status.
The property-related payment rate of a facility placing beds
on layaway status must be adjusted by the incremental change in its rental per
diem after recalculating the rental per diem as provided in section 256B.431,
subdivision 3a, paragraph (c).� The
property-related payment rate for a facility relicensing and recertifying beds
from layaway status must be adjusted by the incremental change in its rental
per diem after recalculating its rental per diem using the number of beds after
the relicensing to establish the facility's capacity day divisor, which shall
be effective the first day of the month following the month in which the
relicensing and recertification became effective.� Any beds remaining on layaway status more
than three years after the date the layaway status became effective must be
removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and
remodeling project to convert 12 four-bed wards into 24 two-bed rooms, expand
space, and add improvements in a nursing home that, as of January 1, 1994, met
the following conditions:� the nursing
home was located in Ramsey County; had a licensed capacity of 154 beds; and had
been ranked among the top 15 applicants by the 1993 moratorium exceptions
advisory review panel.� The total project
construction cost estimate for this project must not exceed the cost estimate
submitted in connection with the 1993 moratorium exception process;
(r)
to license and certify up to 117 beds that are relocated from a licensed and
certified 138-bed nursing facility located in St. Paul to a hospital with 130
licensed hospital beds located in South St. Paul, provided that the nursing
facility and hospital are owned by the same or a related organization and that
prior to the date the relocation is completed the hospital ceases operation of
its inpatient hospital services at that hospital.� After relocation, the nursing facility's
status under section 256B.431, subdivision 2j, shall be the same as it was
prior to relocation.� The nursing facility's
property-related payment rate resulting from the project authorized in this
paragraph shall become effective no earlier than April 1, 1996.� For purposes of calculating the incremental
change in the facility's rental per diem resulting from this project, the
allowable appraised value of the nursing facility portion of the existing
health care facility physical plant prior to the renovation and relocation may
not exceed $2,490,000;
(s) to license and certify two beds in a facility to replace
beds that were voluntarily delicensed and decertified on June 28, 1991;
(t) to allow 16 licensed and certified beds located on July
1, 1994, in a 142-bed nursing home and 21-bed boarding care home facility in
Minneapolis, notwithstanding the licensure and certification after July 1,
1995, of the Minneapolis facility as a 147-bed nursing home facility after
completion of a construction project approved in 1993 under section 144A.073,
to be laid away upon 30 days' prior written notice to the commissioner.� Beds on layaway status shall have the same
status as voluntarily delicensed or decertified beds except that they shall
remain subject to the surcharge in section 256.9657.� The 16 beds on layaway status may be
relicensed as nursing home beds and recertified at any time within five years
of the effective date of the layaway upon relocation of some or all of the beds
to a licensed and certified facility located in Watertown, provided that the
total project construction costs related to the relocation of beds from layaway
status for the Watertown facility may not exceed the dollar threshold provided
in subdivision 2 unless the construction project has been approved through the
moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing
beds on layaway status must be adjusted by the incremental change in its rental
per diem after recalculating the rental per diem as provided in section
256B.431, subdivision 3a, paragraph (c).�
The property-related payment rate for the facility relicensing and
recertifying beds from layaway status must be adjusted by the incremental
change in its rental per diem after recalculating its rental per diem using the
number of beds after the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month following the
month in which the relicensing and recertification became effective.� Any beds remaining on layaway status more
than five years after the date the layaway status became effective must be
removed from layaway status and immediately delicensed and decertified;
(u) to license and certify beds that are moved within an
existing area of a facility or to a newly constructed addition which is built
for the purpose of eliminating three- and four-bed rooms and adding space for
dining, lounge areas, bathing rooms, and ancillary service areas in a nursing
home that, as of January 1, 1995, was located in Fridley and had a licensed
capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing County and four beds
from Hennepin County to a 160-bed facility in Crow Wing County, provided all
the affected beds are under common ownership;
(w) to license and certify a total replacement project of up
to 49 beds located in Norman County that are relocated from a nursing home
destroyed by flood and whose residents were relocated to other nursing
homes.� The operating cost payment rates
for the new nursing facility shall be determined based on the interim and
settle-up payment provisions of Minnesota Rules, part 9549.0057, and the
reimbursement provisions of section 256B.431, except that subdivision 26,
paragraphs (a) and (b), shall not apply until the second rate year after the
settle-up cost report is filed.�
Property-related reimbursement rates shall be determined under section
256B.431, taking into account any federal or state flood-related loans or
grants provided to the facility;
(x)
to license and certify a total replacement project of up to 129 beds located in
Polk County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes.� The operating cost payment rates for the new
nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions
of section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall
not apply until the second rate year after the settle-up cost report is
filed.� Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any
federal or state flood-related loans or grants provided to the facility;
(y) to license and certify beds in a renovation and
remodeling project to convert 13 three-bed wards into 13 two-bed rooms and 13
single-bed rooms, expand space, and add improvements in a nursing home that, as
of January 1, 1994, met the following conditions:� the nursing home was located in Ramsey
County, was not owned by a hospital corporation, had a licensed capacity of 64
beds, and had been ranked among the top 15 applicants by the 1993 moratorium
exceptions advisory review panel.� The
total project construction cost estimate for this project must not exceed the
cost estimate submitted in connection with the 1993 moratorium exception process;
(z) to license and certify up to 150 nursing home beds to
replace an existing 285 bed nursing facility located in St. Paul.� The replacement project shall include both
the renovation of existing buildings and the construction of new facilities at
the existing site.� The reduction in the
licensed capacity of the existing facility shall occur during the construction
project as beds are taken out of service due to the construction process.� Prior to the start of the construction
process, the facility shall provide written information to the commissioner of
health describing the process for bed reduction, plans for the relocation of
residents, and the estimated construction schedule.� The relocation of residents shall be in
accordance with the provisions of law and rule;
(aa) to allow the commissioner of human services to license
an additional 36 beds to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 198-bed
nursing home located in Red Wing, provided that the total number of licensed
and certified beds at the facility does not increase;
(bb) to license and certify a new facility in St. Louis
county with 44 beds constructed to replace an existing facility in St. Louis
County with 31 beds, which has resident rooms on two separate floors and an
antiquated elevator that creates safety concerns for residents and prevents
nonambulatory residents from residing on the second floor.� The project shall include the elimination of
three- and four-bed rooms;
(cc) to license and certify four beds in a 16-bed certified
boarding care home in Minneapolis to replace beds that were voluntarily
delicensed and decertified on or before March 31, 1992.� The licensure and certification is
conditional upon the facility periodically assessing and adjusting its resident
mix and other factors which may contribute to a potential institution for
mental disease declaration.� The
commissioner of human services shall retain the authority to audit the facility
at any time and shall require the facility to comply with any requirements
necessary to prevent an institution for mental disease declaration, including
delicensure and decertification of beds, if necessary;
(dd) to license and certify 72 beds in an existing facility
in Mille Lacs County with 80 beds as part of a renovation project.� The renovation must include construction of
an addition to accommodate ten residents with beginning and midstage dementia
in a self-contained living unit; creation of three resident households where
dining, activities, and support spaces are located near resident living
quarters; designation of four beds for rehabilitation in a self-contained area;
designation of 30 private rooms; and other improvements;
(ee) to license and certify beds in a facility that has
undergone replacement or remodeling as part of a planned closure under section
256B.437;
(ff)
to license and certify a total replacement project of up to 124 beds located in
Wilkin County that are in need of relocation from a nursing home significantly
damaged by flood.� The operating cost
payment rates for the new nursing facility shall be determined based on the
interim and settle-up payment provisions of Minnesota Rules, part 9549.0057,
and the reimbursement provisions of section 256B.431, except that section
256B.431, subdivision 26, paragraphs (a) and (b), shall not apply until the
second rate year after the settle-up cost report is filed.� Property-related reimbursement rates shall be
determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;
(gg) to allow the commissioner of human services to license
an additional nine beds to provide residential services for the physically
handicapped under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 240-bed
nursing home located in Duluth, provided that the total number of licensed and
certified beds at the facility does not increase;
(hh) to license and certify up to 120 new nursing facility
beds to replace beds in a facility in Anoka County, which was licensed for 98
beds as of July 1, 2000, provided the new facility is located within four miles
of the existing facility and is in Anoka County.� Operating and property rates shall be
determined and allowed under section 256B.431 and Minnesota Rules, parts
9549.0010 to 9549.0080, or section 256B.434 or 256B.435.� The provisions of section 256B.431,
subdivision 26, paragraphs (a) and (b), do not apply until the second rate year
following settle-up; or
(ii) to transfer up to 98 beds of a 129-licensed bed facility
located in Anoka County that, as of March 25, 2001, is in the active process of
closing, to a 122-licensed bed nonprofit nursing facility located in the city
of Columbia Heights or its affiliate.�
The transfer is effective when the receiving facility notifies the
commissioner in writing of the number of beds accepted.� The commissioner shall place all transferred
beds on layaway status held in the name of the receiving facility.� The layaway adjustment provisions of section
256B.431, subdivision 30, do not apply to this layaway.� The receiving facility may only remove the
beds from layaway for recertification and relicensure at the receiving
facility's current site, or at a newly constructed facility located in Anoka
County.� The receiving facility must
receive statutory authorization before removing these beds from layaway status,
or may remove these beds from layaway status if removal from layaway status is
part of a moratorium exception project approved by the commissioner under
section 144A.073.
Sec. 3.� Minnesota
Statutes 2004, section 144A.071, subdivision 4c, is amended to read:
Subd. 4c.� Exceptions for replacement beds after June
30, 2003.� (a) The commissioner of
health, in coordination with the commissioner of human services, may approve
the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility in
Nicollet County to be constructed on the site of a new city-owned hospital to
replace an existing 85-bed facility attached to a hospital that is also being
replaced.� The threshold allowed for this
project under section 144A.073 shall be the maximum amount available to pay the
additional medical assistance costs of the new facility;
(2) to license and certify 29 beds to be added to an existing
69-bed facility in St. Louis County, provided that the 29 beds must be
transferred from active or layaway status at an existing facility in St. Louis
County that had 235 beds on April 1, 2003.
The
licensed capacity at the 235-bed facility must be reduced to 206 beds, but the
payment rate at that facility shall not be adjusted as a result of this
transfer.� The operating payment rate of
the facility adding beds after completion of this project shall be the same as
it was on the day prior to the day the beds are licensed and certified.� This project shall not proceed unless it is
approved and financed under the provisions of section 144A.073; and
(3)
to license and certify a new 60-bed facility in Austin, provided that: (i) 45
of the new beds are transferred from a 45-bed facility in Austin under common
ownership that is closed and 15 of the new beds are transferred from a 182-bed
facility in Albert Lea under common ownership; (ii) the commissioner of human
services is authorized by the 2004 legislature to negotiate budget-neutral
planned nursing facility closures; and (iii) money is available from planned
closures of facilities under common ownership to make implementation of this
clause budget-neutral to the state.� The
bed capacity of the Albert Lea facility shall be reduced to 167 beds following
the transfer.� Of the 60 beds at the new
facility, 20 beds shall be used for a special care unit for persons with
Alzheimer's disease or related dementias.; and
(4) to license and certify up to 80 beds transferred from an
existing state-owned nursing facility in Cass County to a new facility located
on the grounds of the Ah-Gwah-Ching campus.�
The operating cost payment rates for the new facility shall be
determined based on the interim and settle-up payment provisions of Minnesota
Rules, part 9549.0057, and the reimbursement provisions of section
256B.431.� The property payment rate for
the first three years of operation shall be $35 per day.� For subsequent years, the property payment
rate of $35 per day shall be adjusted for inflation as provided in section
256B.434, subdivision 4, paragraph (c), as long as the facility has a contract
under section 256B.434.
(b) Projects approved under this subdivision shall be treated
in a manner equivalent to projects approved under subdivision 4a.
Sec. 4.� [245.4682] MENTAL HEALTH SERVICE
DELIVERY AND FINANCE REFORM.�
Subdivision 1.�
Policy.� The commissioner of human services shall
study and report on reforms to improve the underlying structural, financing,
and organizational problems in Minnesota's mental health system with the goal
of improving the availability, quality, and accountability of mental health
care within the state.
Subd. 2.� General provisions.� In the design and implementation of
reforms to the mental health system, the commissioner shall:
(1) consult with consumers, families, counties, tribes,
advocates, providers, and other stakeholders;
(2) report to the legislature and the state Mental Health
Advisory Council by December 15, 2006, and shall include recommendations on the
following:
(a) updating the role of counties and health plans;
(b) ensuring continuity of care for persons affected by these
reforms including:
(c) ensuring client choice of provider by requiring broad
provider networks;
(d) allowing clients options to maintain previously
established therapeutic relationships;
(e) developing mechanisms to facilitate a smooth transition
of service responsibilities;
(f) providing accountability for the efficient and effective
use of public and private resources in achieving positive outcomes for
consumers; and
(g) ensuring client access to applicable protections and
appeals.
Sec.
5.� Minnesota Statutes 2004, section
256B.431, is amended by adding a subdivision to read:
Subd. 43.� Rate increase for facilities in Stearns,
Sherburne, and Benton Counties.� Effective
July 1, 2006, operating payment rates of nursing facilities in Stearns, Sherburne,
and Benton Counties that are reimbursed under this section, section 256B.434,
or section 256B.441 shall be increased to be equal, for a RUG's rate with a
weight of 1.00, to the geographic group III median rate for the same RUG's
weight.� The percentage of the operating
payment rate for each facility to be case-mix adjusted shall be equal to the
percentage that is case-mix adjusted in that facility's June 30, 2006,
operating payment rate.� This subdivision
shall apply only if it results in a rate increase.� Increases provided by this subdivision shall
be added to the rate determined under any new reimbursement system established
under section 256B.440.
Sec. 6.� Minnesota
Statutes 2005 Supplement, section 256B.434, subdivision 4, is amended to read:
Subd. 4.� Alternate rates for nursing facilities.� (a) For nursing facilities which have their
payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision.� The nursing facility must enter into a
written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first
rate year of a facility's contract under this section is the payment rate the
facility would have received under section 256B.431.
(c) A nursing facility's case mix payment rates for the
second and subsequent years of a facility's contract under this section are the
previous rate year's contract payment rates plus an inflation adjustment and,
for facilities reimbursed under this section or section 256B.431, an adjustment
to include the cost of any increase in Health Department licensing fees for the
facility taking effect on or after July 1, 2001.� The index for the inflation adjustment must
be based on the change in the Consumer Price Index-All Items (United States
City average) (CPI-U) forecasted by the commissioner of finance's national
economic consultant, as forecasted in the fourth quarter of the calendar year
preceding the rate year.� The inflation
adjustment must be based on the 12-month period from the midpoint of the
previous rate year to the midpoint of the rate year for which the rate is being
determined.� For the rate years beginning
on July 1, 1999, July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003, July
1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, and July 1, 2008, this
paragraph shall apply only to the property-related payment rate, except that
adjustments to include the cost of any increase in Health Department licensing
fees taking effect on or after July 1, 2001, shall be provided.� Beginning in 2005, adjustment to the property
payment rate under this section and section 256B.431 shall be effective on
October 1.� In determining the amount of
the property-related payment rate adjustment under this paragraph, the commissioner
shall determine the proportion of the facility's rates that are
property-related based on the facility's most recent cost report.� Beginning October 1, 2006, facilities
reimbursed under this section shall be allowed to receive a property rate
adjustment for building projects under section 144A.071, subdivision 2.
(d) The commissioner shall develop additional incentive-based
payments of up to five percent above a facility's operating payment rate for
achieving outcomes specified in a contract.�
The commissioner may solicit contract amendments and implement those
which, on a competitive basis, best meet the state's policy objectives.� The commissioner shall limit the amount of
any incentive payment and the number of contract amendments under this paragraph
to operate the incentive payments within funds appropriated for this
purpose.� The contract amendments may
specify various levels of payment for various levels of performance.� Incentive payments to facilities under this
paragraph may be in the form of time-limited rate adjustments or supplemental
payments.� In establishing the specified
outcomes and related criteria, the commissioner shall consider the following
state policy objectives:
(1) successful diversion or discharge of residents to the
residents' prior home or other community-based alternatives;
(2) adoption of new technology to improve quality or
efficiency;
(3)
improved quality as measured in the Nursing Home Report Card;
(4) reduced acute care costs; and
(5) any additional outcomes proposed by a nursing facility
that the commissioner finds desirable.
Sec. 7.� Minnesota
Statutes 2004, section 256B.434, is amended by adding a subdivision to read:
Subd. 4f.� Facility rate increase effective July 1,
2006.� For the rate year
beginning July 1, 2006, a nursing facility in Otter Tail County that was
licensed for 55 beds as of January 1, 2006, shall receive a rate increase to
increase its operating rate to the 60th percentile of the operating rates of
all other Otter Tail County skilled nursing facilities.� The commissioner shall determine the 60th
percentile of the case mix portion of the operating rates of all other Otter
Tail County skilled nursing facilities and then apply the case mix weights.� The 60th percentile of the other facilities
operating per diem for all other Otter Tail County facilities will be added to
the above-determined weighted case mix amount to compute the 60th percentile
operating rate.� The nonoperating
components of the facility's rates will not be adjusted under this subdivision.
Sec. 8.� Minnesota
Statutes 2004, section 256B.438, subdivision 4, is amended to read:
Subd. 4.� Resident assessment schedule.� (a) Nursing facilities shall conduct and
submit case mix assessments according to the schedule established by the commissioner
of health under section 144.0724, subdivisions 4 and 5.
(b) The resident reimbursement classifications established
under section 144.0724, subdivision 3, shall be effective the day of admission
for new admission assessments.� The
effective date for significant change assessments shall be the assessment
reference date.� The effective date for
annual and second all quarterly assessments shall be the first
day of the month following assessment reference date.
EFFECTIVE
DATE.� This section is effective
October 1, 2006.
Sec. 9.� Minnesota
Statutes 2004, section 256B.69, subdivision 9, is amended to read:
Subd. 9.� Reporting.� (a) Each demonstration provider shall
submit information as required by the commissioner, including data required for
assessing client satisfaction, quality of care, cost, and utilization of
services for purposes of project evaluation.�
The commissioner shall also develop methods of data reporting and collection
from county advocacy activities in order to provide aggregate enrollee
information on encounters and outcomes to determine access and quality
assurance.� Required information shall be
specified before the commissioner contracts with a demonstration provider.
(b) Aggregate nonpersonally identifiable health plan encounter
data, aggregate spending data for major categories of service as reported to
the commissioners of health and commerce under section 62D.08, subdivision 3,
paragraph (a), and criteria for service authorization and service use are
public data that the commissioner shall make available and use in public
reports.� The commissioner shall require
each health plan and county-based purchasing plan to provide:
(1) encounter data for each service provided, using standard
codes and unit of service definitions set by the commissioner, in a form that
the commissioner can report by age, eligibility groups, and health plan; and
(2) criteria, written policies, and procedures required to be
disclosed under section 62M.10, subdivision 7, and Code of Federal Regulations,
title 42, part 438.210(b)(1), used for each type of service for which
authorization is required.
Sec.
10.� Minnesota Statutes 2005 Supplement,
section 256B.69, subdivision 23, is amended to read:
Subd. 23.� Alternative services; elderly and disabled
persons.� (a) The commissioner may
implement demonstration projects to create alternative integrated delivery
systems for acute and long-term care services to elderly persons and persons
with disabilities as defined in section 256B.77, subdivision 7a, that provide
increased coordination, improve access to quality services, and mitigate future
cost increases.� The commissioner may
seek federal authority to combine Medicare and Medicaid capitation payments for
the purpose of such demonstrations and may contract with Medicare-approved
special needs plans to provide Medicaid services.� Medicare funds and services shall be
administered according to the terms and conditions of the federal waiver
contract and demonstration provisions.�
For the purpose of administering medical assistance funds,
demonstrations under this subdivision are subject to subdivisions 1 to 22.� The provisions of Minnesota Rules, parts
9500.1450 to 9500.1464, apply to these demonstrations, with the exceptions of
parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items B and C,
which do not apply to persons enrolling in demonstrations under this
section.� An initial open enrollment
period may be provided.� Persons who
disenroll from demonstrations under this subdivision remain subject to
Minnesota Rules, parts 9500.1450 to 9500.1464.�
When a person is enrolled in a health plan under these demonstrations
and the health plan's participation is subsequently terminated for any reason,
the person shall be provided an opportunity to select a new health plan and
shall have the right to change health plans within the first 60 days of
enrollment in the second health plan.�
Persons required to participate in health plans under this section who
fail to make a choice of health plan shall not be randomly assigned to health
plans under these demonstrations.�
Notwithstanding section 256L.12, subdivision 5, and Minnesota Rules,
part 9505.5220, subpart 1, item A, if adopted, for the purpose of
demonstrations under this subdivision, the commissioner may contract with
managed care organizations, including counties, to serve only elderly persons
eligible for medical assistance, elderly and disabled persons, or disabled
persons only.� For persons with primary
diagnoses of mental retardation or a related condition, serious and persistent
mental illness, or serious emotional disturbance, the commissioner must ensure
that the county authority has approved the demonstration and contracting
design.� Enrollment in these projects for
persons with disabilities shall be voluntary.�
The commissioner shall not implement any demonstration project under
this subdivision for persons with primary diagnoses of mental retardation or a
related condition, serious and persistent mental illness, or serious emotional
disturbance, without approval of the county board of the county in which the
demonstration is being implemented.
(b) Notwithstanding chapter 245B, sections 252.40 to 252.46,
256B.092, 256B.501 to 256B.5015, and Minnesota Rules, parts 9525.0004 to
9525.0036, 9525.1200 to 9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the
commissioner may implement under this section projects for persons with
developmental disabilities.� The
commissioner may capitate payments for ICF/MR services, waivered services for
mental retardation or related conditions, including case management services,
day training and habilitation and alternative active treatment services, and
other services as approved by the state and by the federal government.� Case management and active treatment must be
individualized and developed in accordance with a person-centered plan.� Costs under these projects may not exceed
costs that would have been incurred under fee-for-service.� Beginning July 1, 2003, and until two years
after the pilot project implementation date, subcontractor participation in the
long-term care developmental disability pilot is limited to a nonprofit
long-term care system providing ICF/MR services, home and community-based
waiver services, and in-home services to no more than 120 consumers with
developmental disabilities in Carver, Hennepin, and Scott Counties.� The commissioner shall report to the
legislature prior to expansion of the developmental disability pilot
project.� This paragraph expires two
years after the implementation date of the pilot project.
(c) Before implementation of a demonstration project for
disabled persons, the commissioner must provide information to appropriate
committees of the house of representatives and senate and must involve
representatives of affected disability groups in the design of the
demonstration projects.
(d)
A nursing facility reimbursed under the alternative reimbursement methodology
in section 256B.434 may, in collaboration with a hospital, clinic, or other
health care entity provide services under paragraph (a).� The commissioner shall amend the state plan
and seek any federal waivers necessary to implement this paragraph.
(e) The commissioner, in consultation with the commissioners
of commerce and health, may approve and implement programs for all-inclusive
care for the elderly (PACE) according to federal laws and regulations governing
that program and state laws or rules applicable to participating
providers.� The process for approval of
these programs shall begin only after the commissioner receives grant money in
an amount sufficient to cover the state share of the administrative and
actuarial costs to implement the programs during state fiscal years 2006 and
2007.� Grant amounts for this purpose
shall be deposited in an account in the special revenue fund and are
appropriated to the commissioner to be used solely for the purpose of PACE
administrative and actuarial costs.� A
PACE provider is not required to be licensed or certified as a health plan
company as defined in section 62Q.01, subdivision 4.� Persons age 55 and older who have been
screened by the county and found to be eligible for services under the elderly
waiver or community alternatives for disabled individuals or who are already
eligible for Medicaid but meet level of care criteria for receipt of waiver
services may choose to enroll in the PACE program.� Medicare and Medicaid services will be
provided according to this subdivision and federal Medicare and Medicaid
requirements governing PACE providers and programs.� PACE enrollees will receive Medicaid home and
community-based services through the PACE provider as an alternative to
services for which they would otherwise be eligible through home and
community-based waiver programs and Medicaid State Plan Services.� The commissioner shall establish Medicaid
rates for PACE providers that do not exceed costs that would have been incurred
under fee-for-service or other relevant managed care programs operated by the
state.
(f) The commissioner shall seek federal approval to expand
the Minnesota disability health options (MnDHO) program established under this
subdivision in stages, first to regional population centers outside the
seven-county metro area and then to all areas of the state.� Until January 1, 2008, expansion for MnDHO
projects that include home and community-based services is limited to the two
projects and service areas in effect on March 1, 2006.� Enrollment in integrated MnDHO programs that
include home and community-based services shall remain voluntary.� Costs for home and community-based services
included under MnDHO must not exceed costs that would have been incurred under
the fee-for-service program.� In
developing program specifications for expansion of integrated programs, the
commissioner shall involve and consult the state-level stakeholder group
established in subdivision 28, paragraph (d), including consultation on whether
and how to include home and community-based waiver programs.� Plans for further expansion of MnDHO projects
shall be presented to the chairs of the house and senate committees with
jurisdiction over health and human services policy and finance by February 1,
2007.
(g) Notwithstanding section 256B.0261, health plans providing
services under this section are responsible for home care targeted case management
and relocation targeted case management.�
Services must be provided according to the terms of the waivers and
contracts approved by the federal government.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 11.� Minnesota
Statutes 2004, section 256B.69, is amended by adding a subdivision to read:
Subd. 28.� Medicare special needs plans and medical
assistance basic health care for persons with disabilities.� (a) The commissioner may contract with
qualified Medicare-approved special needs plans to provide medical assistance
basic health care services to persons with disabilities, including those with
developmental disabilities.� Basic health
care services include:
(1) those services covered by the medical assistance state
plan except for ICF/MR services, home and community-based waiver services, case
management for persons with developmental disabilities under section 256B.0625,
subdivision 20a, and personal care and certain home care services defined by
the commissioner in consultation with the stakeholder group established under
paragraph (d);
(2)
basic health care services may also include risk for up to 100 days of nursing
facility services for persons who reside in a noninstitutional setting and home
health services related to rehabilitation as defined by the commissioner after
consultation with the stakeholder group; and
(3) the commissioner may exclude other medical assistance
services from the basic health care benefit set.� Enrollees in these plans can access any
excluded services on the same basis as other medical assistance recipients who
have not enrolled.
Unless a person is otherwise required to enroll in managed
care, enrollment in these plans for Medicaid services must be voluntary.� For purposes of this subdivision, automatic
enrollment with an option to opt out is not voluntary enrollment.
(b) Beginning January 1, 2007, the commissioner may contract
with qualified Medicare special needs plans to provide basic health care
services under medical assistance to persons who are dually eligible for both
Medicare and Medicaid and those Social Security beneficiaries eligible for
Medicaid but in the waiting period for Medicare.� The commissioner shall consult with the stakeholder
group under paragraph (d) in developing program specifications for these
services.� The commissioner shall report
to the chairs of the house and senate committees with jurisdiction over health
and human services policy and finance by February 1, 2007, on implementation of
these programs and the need for increased funding for the ombudsman for managed
care and other consumer assistance and protections needed due to enrollment in
managed care of persons with disabilities.�
Payment for Medicaid services provided under this subdivision for the
months of May and June will be made no earlier than July 1 of the same calendar
year.
(c) Beginning January 1, 2008, the commissioner may expand
contracting under this subdivision to all persons with disabilities not
otherwise required to enroll in managed care.
(d) The commissioner shall establish a state-level stakeholder
group to provide advice on managed care programs for persons with disabilities,
including both MnDHO and contracts with special needs plans that provide basic
health care services as described in paragraphs (a) and (b).� The stakeholder group shall provide advice on
program expansions under this subdivision and subdivision 23, including:
(1) implementation efforts;
(2) consumer protections; and
(3) program specifications such as quality assurance measures,
data collection and reporting, and evaluation of costs, quality, and results.
(e) Each plan under contract to provide medical assistance
basic health care services shall establish a local or regional stakeholder
group, including representatives of the counties covered by the plan, members,
consumer advocates, and providers, for advice on issues that arise in the local
or regional area.
Sec. 12.� STAKEHOLDER PARTICIPATION.�
The commissioner of human services shall confer with one or
more stakeholder groups of interested persons, including representatives of
recipients, advocacy groups, counties, providers, and health plans to provide
information and advice on the development of any substantial proposals for
changes in the medical assistance program authorized by the federal Deficit
Reduction Act of 2005, Public Law 109-171.�
In addition, for any substantial Deficit Reduction Act-related medical
assistance change that affects recipients and that is proposed outside of the
legislative or rulemaking process, the commissioner shall convene a stakeholder
meeting and provide a 30-day comment period before the change becomes
effective.� If the time frame required to
comply with a federal mandate precludes the 30-day advance notice, notice shall
be given to the stakeholder group as soon as possible.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec.
13.� ICF/MR
PLAN.�
The commissioner of human services shall consult with ICF/MR
providers, advocates, counties, and consumer families to develop a stakeholder
plan and legislation concerning the future services provided to people served
in ICFs/MR.� The plan shall be reported
to the house and senate committees with jurisdiction over health and human
services policy and finance issues by December 15, 2007.� In preparing the plan, the commissioner shall
consider:
(1) consumer choice of services;
(2) consumers' service needs, including, but not limited to,
active treatment;
(3) the total cost of providing services in ICFs/MR and
alternative delivery systems for individuals currently residing in ICFs/MR;
(4) the impact of the payment shift to counties for ICFs/MR
with more than six beds;
(5) whether it is the policy of the state to maintain an
ICF/MR system and, if so, the plan shall:
(i) define the purpose, types of services, and intended
recipients of ICF/MR services;
(ii) define the capacity needed to maintain ICF/MR services
for designated populations;
(iii) evaluate incentives for counties to maintain ICF/MR
services;
(iv) assure that mechanisms are provided to adequately fund
the transition to the defined services, maintain the designated capacity, and
are adjustable to meet increased service demands; and
(v) address the extent to which there is consensus among
stakeholders; and
(6) if alternative services are recommended to support the
people now receiving services in an ICF/MR, the plan shall provide for
transition planning and ensure adequate state and federal financial resources
are available to meet the needs of ICF/MR recipients.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
ARTICLE 2
STATE HEALTH CARE PROGRAMS
Section 1.� Minnesota
Statutes 2004, section 256.01, subdivision 18, is amended to read:
Subd. 18.� Immigration status verifications.� (a) Notwithstanding any waiver of this
requirement by the secretary of the United States Department of Health and
Human Services, effective July 1, 2001, the commissioner shall utilize the
Systematic Alien Verification for Entitlements (SAVE) program to conduct
immigration status verifications:
(1) as required under United States Code, title 8, section
1642;
(2) for all applicants for food assistance benefits, whether
under the federal food stamp program, the MFIP or work first program, or the
Minnesota food assistance program;
(3)
for all applicants for general assistance medical care, except assistance for
an emergency medical condition, for immunization with respect to an immunizable
disease, or for testing and treatment of symptoms of a communicable disease,
and nonfederally funded MinnesotaCare; and
(4) for all applicants for general assistance, Minnesota
supplemental aid, medical assistance, federally funded MinnesotaCare, or
group residential housing, when the benefits provided by these programs would
fall under the definition of "federal public benefit" under United
States Code, title 8, section 1642, if federal funds were used to pay for all
or part of the benefits.
(b) The commissioner shall comply with the reporting
requirements under United States Code, title 42, section 611a, and any federal
regulation or guidance adopted under that law.
Sec. 2.� Minnesota
Statutes 2004, section 256.01, is amended by adding a subdivision to read:
Subd. 18a.�
Reporting undocumented
immigrants.� The commissioner
shall require all employees of the state and counties to make a written report
to the United States Citizenship and Immigration Service (USCIS) for any
violation of federal immigration law by any applicant for medical assistance
under chapter 256B, general assistance medical care under chapter 256D, or
MinnesotaCare under chapter 256L, that is discovered by the employee.� Employees do not need an applicant's written
authorization to contact USCIS.
Sec. 3.� Minnesota Statutes
2004, section 256B.692, subdivision 6, is amended to read:
Subd. 6.� Commissioner's authority.� The commissioner may:
(1) reject any preliminary or final proposal that
substantially fails to meet the requirements of this section, or that the
commissioner determines would substantially impair the state's ability to
purchase health care services in other areas of the state, or would
substantially impair an enrollee's choice of care systems managed
care organizations when reasonable choice is possible, or would
substantially impair the implementation and operation of the Minnesota senior
health options demonstration project authorized under section 256B.69,
subdivision 23; and
(2) assume operation of a county's purchasing of health care
for enrollees in medical assistance and general assistance medical care in the
event that the contract with the county is terminated.
Sec. 4.� Minnesota
Statutes 2004, section 256B.76, is amended to read:
256B.76 PHYSICIAN AND DENTAL
REIMBURSEMENT.�
(a) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid
Services' common procedural coding system codes titled "office and other
outpatient services," "preventive medicine new and established
patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management
provided to psychiatric patients, and level three codes for enhanced services
for prenatal high risk, shall be paid at the lower of (i) submitted charges, or
(ii) 25 percent above the rate in effect on June 30, 1992.� If the rate on any procedure code within
these categories is different than the rate that would have been paid under the
methodology in section 256B.74, subdivision 2, then the larger rate shall be
paid;
(2) payments for all other services shall be paid at the
lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect
on June 30, 1992;
(3)
all physician rates shall be converted from the 50th percentile of 1982 to the
50th percentile of 1989, less the percent in aggregate necessary to equal the
above increases except that payment rates for home health agency services shall
be the rates in effect on September 30, 1992;
(4) effective for services rendered on or after January 1,
2000, payment rates for physician and professional services shall be increased
by three percent over the rates in effect on December 31, 1999, except for home
health agency and family planning agency services; and
(5) the increases in clause (4) shall be implemented January
1, 2000, for managed care.
(b) Effective for services rendered on or after October 1,
1992, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i)
submitted charges, or (ii) 25 percent above the rate in effect on June 30,
1992;
(2) dental rates shall be converted from the 50th percentile
of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary
to equal the above increases;
(3) effective for services rendered on or after January 1,
2000, payment rates for dental services shall be increased by three percent
over the rates in effect on December 31, 1999;
(4) the commissioner shall award grants to community clinics
or other nonprofit community organizations, political subdivisions,
professional associations, or other organizations that demonstrate the ability
to provide dental services effectively to public program recipients.� Grants may be used to fund the costs related
to coordinating access for recipients, developing and implementing patient care
criteria, upgrading or establishing new facilities, acquiring furnishings or
equipment, recruiting new providers, or other development costs that will
improve access to dental care in a region.�
In awarding grants, the commissioner shall give priority to applicants
that plan to serve areas of the state in which the number of dental providers
is not currently sufficient to meet the needs of recipients of public programs
or uninsured individuals.� The
commissioner shall consider the following in awarding the grants:
(i) potential to successfully increase access to an
underserved population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve
access beyond the period of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to
the target population.
The commissioner shall monitor the grants and may terminate a
grant if the grantee does not increase dental access for public program
recipients.� The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of current
access programs that have demonstrated success in providing dental services in
underserved areas;
(ii) a pilot program for utilizing hygienists outside of a
traditional dental office to provide dental hygiene services; and
(iii)
a program that organizes a network of volunteer dentists, establishes a system
to refer eligible individuals to volunteer dentists, and through that network
provides donated dental care services to public program recipients or uninsured
individuals;
(5) beginning October 1, 1999, the payment for tooth sealants
and fluoride treatments shall be the lower of (i) submitted charge, or (ii) 80
percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be
implemented January 1, 2000, for managed care; and
(7) effective for services provided on or after January 1,
2002, payment for diagnostic examinations and dental x-rays provided to
children under age 21 shall be the lower of (i) the submitted charge, or (ii)
85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after
January 1, 2002, the commissioner may, within the limits of available
appropriation, increase reimbursements to dentists and dental clinics deemed by
the commissioner to be critical access dental providers.� Reimbursement to a critical access dental
provider may be increased by not more than 50 percent above the reimbursement
rate that would otherwise be paid to the provider.� Payments to health plan companies shall be adjusted
to reflect increased reimbursements to critical access dental providers as
approved by the commissioner.� In
determining which dentists and dental clinics shall be deemed critical access
dental providers, the commissioner shall review:
(1) the utilization rate in the service area in which the
dentist or dental clinic operates for dental services to patients covered by
medical assistance, general assistance medical care, or MinnesotaCare as their
primary source of coverage;
(2) the level of services provided by the dentist or dental
clinic to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage; and
(3) whether the level of services provided by the dentist or
dental clinic is critical to maintaining adequate levels of patient access
within the service area.
In the
absence of a critical access dental provider in a service area, the
commissioner may designate a dentist or dental clinic as a critical access
dental provider if the dentist or dental clinic is willing to provide care to
patients covered by medical assistance, general assistance medical care, or
MinnesotaCare at a level which significantly increases access to dental care in
the service area.
The commissioner shall annually establish a reimbursement
schedule for critical access dental providers and provider-specific limits on
total reimbursement received under the reimbursement schedule, and shall notify
each critical access dental provider of the schedule and limit.
(d) An entity that operates both a Medicare certified
comprehensive outpatient rehabilitation facility and a facility which was
certified prior to January 1, 1993, that is licensed under Minnesota Rules,
parts 9570.2000 to 9570.3600, and for whom at least 33 percent of the clients
receiving rehabilitation services in the most recent calendar year are medical
assistance recipients, shall be reimbursed by the commissioner for
rehabilitation services at rates that are 38 percent greater than the maximum
reimbursement rate allowed under paragraph (a), clause (2), when those services
are (1) provided within the comprehensive outpatient rehabilitation facility
and (2) provided to residents of nursing facilities owned by the entity.
(e) Effective for services rendered on or after January 1,
2007, the commissioner shall make payments for physician and professional
services based on the Medicare relative value units (RVUs).� This change shall be budget neutral and the
cost of implementing RVUs will be incorporated in the established conversion
factor.
Sec.
5.� Minnesota Statutes 2004, section
256D.03, is amended by adding a subdivision to read:
Subd. 3c.� General assistance medical care;
eligibility verification.� The
commissioner shall verify assets and income for all applicants, and for all
recipients upon renewal.
EFFECTIVE
DATE.� This section is
effective July 1, 2007, or upon the implementation of HealthMatch, whichever is
later.
Sec. 6.� Minnesota
Statutes 2005 Supplement, section 256L.05, subdivision 2, is amended to read:
Subd. 2.� Commissioner's duties.� (a) The commissioner or county agency shall
use electronic verification as the primary method of income verification.� If there is a discrepancy between reported
income and electronically verified income, an individual may be required to
submit additional verification.� In
addition, the commissioner shall perform random audits to verify reported
income and eligibility.� The commissioner
may execute data sharing arrangements with the Department of Revenue and any
other governmental agency in order to perform income verification related to
eligibility and premium payment under the MinnesotaCare program.
(b) In determining eligibility for MinnesotaCare, the
commissioner shall require applicants and enrollees seeking renewal of
eligibility to verify both earned and unearned income.� The commissioner shall require applicants
and enrollees seeking renewal of eligibility to verify assets, if they are
subject to the asset requirement under section 256L.17.� The commissioner shall also require
applicants and enrollees to submit the names of their employers and a contact
name with a telephone number for each employer for purposes of verifying
whether the applicant or enrollee, and any dependents, are eligible for
employer-subsidized coverage.� Data
collected is nonpublic data as defined in section 13.02, subdivision 9.
EFFECTIVE
DATE.� This section is
effective July 1, 2007, or upon the implementation of HealthMatch, whichever is
later.
Sec. 7.� Minnesota
Statutes 2004, section 256L.17, subdivision 3, is amended to read:
Subd. 3.� Documentation.� (a) The commissioner of human services shall
require individuals and families, at the time of application or renewal, to
indicate on a checkoff form developed by the commissioner whether they satisfy
the MinnesotaCare asset requirement.�
This form must include the following or similar language: "To be
eligible for MinnesotaCare, individuals and families must not own net assets in
excess of $30,000 for a household of two or more persons or $15,000 for a
household of one person, not including a homestead, household goods and
personal effects, assets owned by children, vehicles used for employment,
court-ordered settlements up to $10,000, individual retirement accounts, and
capital and operating assets of a trade or business up to $200,000.� Do you and your household own net assets in
excess of these limits?"
(b) The commissioner shall require applicants and
enrollees seeking renewal of eligibility to verify assets.� The commissioner may require individuals
and families to provide any information the commissioner determines necessary
to verify compliance with the asset requirement, if the commissioner determines
that there is reason to believe that an individual or family has assets that
exceed the program limit.
EFFECTIVE
DATE.� This section is
effective July 1, 2007, or upon the implementation of HealthMatch, whichever is
later.
Sec.
8.� Minnesota Statutes 2004, section
295.52, is amended by adding a subdivision to read:
Subd. 8.� Contingent reduction in tax rate.� On September 1 of each odd-numbered year,
beginning September 1, 2007, the commissioner of finance shall determine
the projected balance of the health care access fund as of the end of the
current biennium, based on the most recent February forecast adjusted for any
legislative session changes.� If the
commissioner projects a surplus in the health care access fund as of the end of
the current biennium, the commissioner of finance, in consultation with the
commissioner of revenue, shall reduce the tax rates specified in subdivisions
1, 1a, 2, 3, and 4 in one-tenth of one percent increments, making the largest
reduction in tax rates consistent with ensuring that the health care access
fund retains a surplus as of the end of the current biennium.� The reduced tax rates shall take effect on
the January 1 that immediately follows the September 1 on which the
commissioner determines the projected balance and shall remain in effect for
two tax years.� The tax rates specified
in subdivisions 1, 1a, 2, 3, and 4 shall apply for subsequent tax years, unless
the commissioner, based on a determination of the projected balance of the
health care access fund made on September 1 of an odd-numbered year, reduces
the tax rates.� If the commissioner does
not project a surplus in the health care access fund as of the end of the
current biennium, the tax rates specified in subdivisions 1, 1a, 2, 3, and 4
shall continue to apply.� The
commissioner of finance shall publish in the State Register by October 1 of
each odd-numbered year the amount of tax to be imposed for the next two
calendar years.
Sec. 9.� Laws 2003,
First Special Session chapter 14, article 12, section 93, as amended by Laws
2005, First Special Session chapter 4, article 8, section 80, is amended to
read:
Sec. 93.� REVIEW OF SPECIAL TRANSPORTATION
ELIGIBILITY CRITERIA AND POTENTIAL COST SAVINGS.
The commissioner of human services, in consultation with the
commissioner of transportation and special transportation service providers,
shall review eligibility criteria for medical assistance special transportation
services and shall evaluate whether the level of special transportation
services provided should be based on the degree of impairment of the client, as
well as the medical diagnosis.� The
commissioner shall also evaluate methods for reducing the cost of special
transportation services, including, but not limited to:�
(1) requiring providers to maintain a daily log book
confirming delivery of clients to medical facilities;
(2) requiring providers to implement commercially available
computer mapping programs to calculate mileage for purposes of reimbursement;
(3) restricting special transportation service from being
provided solely for trips to pharmacies;
(4) modifying eligibility for special transportation;
(5) expanding alternatives to the use of special
transportation services;
(6) improving the process of certifying persons as eligible
for special transportation services; and
(7) examining the feasibility and benefits of licensing
special transportation providers.�
The commissioner shall present recommendations for changes in
the eligibility criteria and potential cost-savings for special transportation
services to the chairs and ranking minority members of the house and senate
committees having jurisdiction over health and human services spending by
January 15, 2004.� The commissioner is
prohibited from using a broker or coordinator to manage special transportation
services until July 1, 2006, except for the purposes of checking for recipient
eligibility, authorizing recipients for appropriate level of transportation,
and monitoring provider compliance with Minnesota Statutes, section 256B.0625,
subdivision 17, and except that the commissioner
shall extend this prohibition on using a broker or coordinator to manage
special transportation services until July 1, 2007, if this extension can be
done on a budget-neutral basis
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 10.� Laws 2005,
First Special Session chapter 4, article 8, section 84, is amended to read:
Sec. 84.� SOLE-SOURCE OR SINGLE-PLAN MANAGED
CARE CONTRACT.
Notwithstanding Minnesota Statutes, section 256B.692,
subdivision 6, the commissioner of human services shall not reject
consider a county-based purchasing health plan proposal that requires
county-based purchasing on a sole-source or single-plan basis if the
implementation of the sole-source or single-plan purchasing proposal
does not limit an enrollee's provider choice or access to services.� The commissioner shall request federal
approval, if necessary, to permit or maintain a sole-source or single-plan
purchasing option even if choice is available in the area. �
Sec. 11.� PHARMACY PAYMENT REFORM ADVISORY
COMMITTEE.�
Subdivision 1.�
Definitions.� For purposes of this section, the
following words, terms, and phrases have the following meanings:
(a) "Department" means the Department of Human
Services.
(b) "Commissioner" means the commissioner of the
Department of Human Services.
(c) "Cost of dispensing" includes, but is not
limited to, operational and overhead costs; professional counseling as required
under the Omnibus Budget Reconciliation Act of 1990, excluding medication
management services under Minnesota Statutes, section 256B.0625, subdivision
13h; salaries; and other associated administrative costs, as well as a
reasonable return on investment.� In
addition, cost of dispensing includes expenses transferred by wholesale drug
distributors to pharmacies as a result of the wholesale drug distributor tax
under Minnesota Statutes, sections 295.52 to 295.582.
(d) "Additional costs" include, but are not limited
to, costs relating to coordination of benefits, bad debt, uncollected co-pays,
payment lag times, and high rate of rejected claims.
(e) "Advisory committee" means the Pharmacy Payment
Reform Advisory Committee established by this section.
Subd. 2.� Advisory committee.� The Pharmacy Payment Reform Advisory
Committee is established under the direction of the commissioner of human
services.� The commissioner, after
receiving recommendations from the Minnesota Pharmacists Association, the
Minnesota Retailers Association, the Minnesota Hospital Association, and the
Minnesota Wholesale Druggists Association, shall convene a pharmacy payment
reform advisory committee to advise the commissioner and make recommendations
to the legislature on implementation of pharmacy reforms contained in title VI,
chapter IV, of the Deficit Reduction Act of 2005.� The committee shall be comprised of three
licensed pharmacists representing both independent and chain pharmacy entities,
one of whom must have expertise in pharmacoeconomics, two individuals
representing hospitals with outpatient pharmacies, and two individuals with
expertise in wholesale drug distribution.�
The committee shall be staffed by an employee of the department who shall
serve as an ex officio nonvoting member of the committee.� The department's pharmacy program manager
shall also serve as an ex officio, nonvoting member of the committee.� The committee is governed by Minnesota
Statutes, section 15.059, except that committee members do not receive
compensation or reimbursement for expenses.�
The advisory committee members shall serve a two-year term and the
advisory committee will expire on January 31, 2008.
Subd. 3.� Cost of dispensing study.� The department shall conduct a
prescription drug cost of dispensing study to determine the average cost of
dispensing Medicaid prescriptions in Minnesota.�
The department shall contract with an independent third party in the
state that has experience conducting business cost allocation studies, such as
an academic institution, to conduct a prescription drug cost of dispensing
study.� If no independent third-party
entity exists in the state, the department may contract with an out-of-state
entity.� The cost of dispensing study
shall be completed by an independent third party no later than October 1, 2006,
and reported to the department and the advisory committee upon completion.
Subd. 4.� Content of study.� The study shall determine the cost of
dispensing the average prescription and any additional costs that might be
incurred for dispensing Medicaid prescriptions.�
The study shall include the current level of dispensing fees paid to
providers and an estimate of revenues required to adequately adjust
reimbursement to cover the cost to pharmacies.
Subd. 5.� Methodology of study and publishing
requirement.� The independent
third-party entity performing the cost of dispensing research shall submit to
the advisory committee the entity's proposed research methodology and shall
publish the collected data to allow other independent researchers to validate
the study results.� The data shall be
published in a manner that does not identify the source of the data.
Subd. 6.� Recommendations.� The advisory committee shall use the
information from the cost of dispensing study and make recommendations to the
commissioner on implementation of pharmacy reforms contained in title VI,
chapter IV, of the Deficit Reduction Act of 2005.� The commissioner shall report the findings of
the study and the recommendations of the advisory committee to the legislature
by January 15, 2007.� The department
shall conduct a cost of dispensing study every three years following the
initial report.� The commissioner, in
consultation with the advisory committee, shall make recommendations to the
legislature on how to adequately adjust reimbursement rates to pharmacies to
cover the costs of dispensing and additional costs to pharmacies.� Reports shall include the current level of
dispensing fees paid to providers and an estimate of revenues required to
adequately adjust reimbursement to ensure that:
(1) reimbursement is sufficient to enlist an adequate number
of participating pharmacy providers so that pharmacy services are as available
for Medicaid recipients under the program as for the state's general
population;
(2) Medicaid dispensing fees are adequate to reimburse
pharmacy providers for the costs of dispensing prescriptions under the Medicaid
program;
(3) Medicaid pharmacy reimbursement for multiple-source drugs
included on the federal upper reimbursement limit is set at the level
established by the federal government under United States Code, title 42,
section 1396r-8(e)(5);
(4) the combined Medicaid program reimbursement for
prescription drug product and the dispensing fee provides a return adequate to
provide a reasonable profit for the participating pharmacy; and
(5) the new payment system does not create disincentives for
pharmacists to dispense generic drugs.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec.
12.� REPEALER.�
Minnesota Statutes 2004, section 256B.692, subdivision 10, is
repealed.
ARTICLE 3
HEALTH CARE FEDERAL COMPLIANCE
Section 1.� Minnesota
Statutes 2004, section 62A.045, is amended to read:
62A.045 PAYMENTS ON BEHALF OF
ENROLLEES IN GOVERNMENT HEALTH PROGRAMS.�
(a) As a condition of doing business in Minnesota, each
health insurer shall comply with the requirements of the federal Deficit
Reduction Act of 2005, Public Law 109-171, including any federal regulations
adopted under that act, to the extent that it imposes a requirement that
applies in this state and that is not also required by the laws of this state.� This section does not require compliance with
any provision of the federal act prior to the effective date provided for that
provision in the federal act.� The
commissioner shall enforce this section.
"Health insurer" for the purpose of this section
includes self-insured plans, group health plans (as defined in section 607(1)
of the Employee Retirement Income Security Act of 1974), service benefit plans,
managed care organizations, pharmacy benefit managers, or other parties that
are by contract legally responsible to pay a claim for a healthcare item or
service for an individual receiving benefits under paragraph (b).
(b) No health plan issued or renewed to provide coverage to
a Minnesota resident shall contain any provision denying or reducing benefits
because services are rendered to a person who is eligible for or receiving
medical benefits pursuant to title XIX of the Social Security Act (Medicaid) in
this or any other state; chapter 256; 256B; or 256D or services pursuant to
section 252.27; 256L.01 to 256L.10; 260B.331, subdivision 2; 260C.331,
subdivision 2; or 393.07, subdivision 1 or 2.�
No health carrier providing benefits under plans covered by this section
shall use eligibility for medical programs named in this section as an
underwriting guideline or reason for nonacceptance of the risk.
(b) (c) If payment for covered expenses has
been made under state medical programs for health care items or services
provided to an individual, and a third party has a legal liability to make
payments, the rights of payment and appeal of an adverse coverage decision for
the individual, or in the case of a child their responsible relative or
caretaker, will be subrogated to the state agency.� The state agency may assert its rights under
this section within three years of the date the service was rendered.� For purposes of this section, "state
agency" includes prepaid health plans under contract with the commissioner
according to sections 256B.69, 256D.03, subdivision 4, paragraph (c), and
256L.12; children's mental health collaboratives under section 245.493;
demonstration projects for persons with disabilities under section 256B.77;
nursing homes under the alternative payment demonstration project under section
256B.434; and county-based purchasing entities under section 256B.692.
(c) (d) Notwithstanding any law to the
contrary, when a person covered by a health plan receives medical benefits
according to any statute listed in this section, payment for covered services
or notice of denial for services billed by the provider must be issued directly
to the provider.� If a person was
receiving medical benefits through the Department of Human Services at the time
a service was provided, the provider must indicate this benefit coverage on any
claim forms submitted by the provider to the health carrier for those
services.� If the commissioner of human
services notifies the health carrier that the commissioner has made payments to
the provider, payment for benefits or notices of denials issued by the health
carrier must be issued directly to the commissioner.� Submission by the department to the health
carrier of the claim on a Department of Human Services claim form is proper
notice and shall be considered proof of payment of the claim to the provider
and supersedes any contract requirements of the health carrier relating to the
form of submission.� Liability to the
insured for coverage is satisfied to the extent that payments for those
benefits are made by the health carrier to the provider or the commissioner as
required by this section.
(d) (e) When a
state agency has acquired the rights of an individual eligible for medical
programs named in this section and has health benefits coverage through a
health carrier, the health carrier shall not impose requirements that are different
from requirements applicable to an agent or assignee of any other individual
covered.
(e) (f) For the purpose of this section,
health plan includes coverage offered by community integrated service networks,
any plan governed under the federal Employee Retirement Income Security Act of
1974 (ERISA), United States Code, title 29, sections 1001 to 1461, and coverage
offered under the exclusions listed in section 62A.011, subdivision 3, clauses
(2), (6), (9), (10), and (12).
Sec. 2.� Minnesota
Statutes 2004, section 62S.05, is amended by adding a subdivision to read:
Subd. 4.� Extension of limitation periods.� The commissioner may extend the limitation
periods set forth in subdivisions 1 and 2 as to specific age group categories
in specific policy forms upon finding that the extension is in the best
interest of the public.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 3.� Minnesota
Statutes 2004, section 62S.08, subdivision 3, is amended to read:
Subd. 3.� Mandatory format.� The following standard format outline of
coverage must be used, unless otherwise specifically indicated:
COMPANY NAME
ADDRESS - CITY AND STATE
TELEPHONE NUMBER
LONG-TERM CARE INSURANCE
OUTLINE OF COVERAGE
����� Policy Number or Group Master Policy and
Certificate Number
(Except for policies or certificates which are guaranteed
issue, the following caution statement, or language substantially similar, must
appear as follows in the outline of coverage.)
CAUTION: The issuance of this long-term care insurance
(policy) (certificate) is based upon your responses to the questions on your
application.� A copy of your
(application) (enrollment form) (is enclosed) (was retained by you when you
applied).� If your answers are incorrect
or untrue, the company has the right to deny benefits or rescind your
policy.� The best time to clear up any
questions is now, before a claim arises.�
If, for any reason, any of your answers are incorrect, contact the company
at this address: (insert address).
(1) This policy is (an individual policy of insurance) (a
group policy) which was issued in the (indicate jurisdiction in which group
policy was issued).
(2) PURPOSE OF OUTLINE OF COVERAGE.� This outline of coverage provides a very
brief description of the important features of the policy.� You should compare this outline of coverage
to outlines of coverage for other policies available to you.� This is not an insurance contract, but only a
summary of coverage.� Only the individual
or group policy contains governing contractual provisions.� This means that the policy or group policy
sets forth in detail the rights and obligations of both you and the insurance
company.� Therefore, if you purchase this
coverage, or any other coverage, it is important that you READ YOUR POLICY (OR
CERTIFICATE) CAREFULLY.
(3) THIS PLAN IS INTENDED TO BE A QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT AS DEFINED UNDER SECTION 7702(B)(b) OF THE INTERNAL REVENUE
CODE OF 1986.
(4)
TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE CONTINUED IN FORCE OR
DISCONTINUED.
(a) (For long-term care health insurance policies or
certificates describe one of the following permissible policy renewability
provisions:
(1) Policies and certificates that are guaranteed renewable
shall contain the following statement:) RENEWABILITY: THIS POLICY (CERTIFICATE)
IS GUARANTEED RENEWABLE.� This means you
have the right, subject to the terms of your policy, (certificate) to continue
this policy as long as you pay your premiums on time. (company name) cannot
change any of the terms of your policy on its own, except that, in the future,
IT MAY INCREASE THE PREMIUM YOU PAY.
(2) (Policies and certificates that are noncancelable shall
contain the following statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS
NONCANCELABLE.� This means that you have
the right, subject to the terms of your policy, to continue this policy as long
as you pay your premiums on time. (company name) cannot change any of the terms
of your policy on its own and cannot change the premium you currently pay.� However, if your policy contains an inflation
protection feature where you choose to increase your benefits, (company name)
may increase your premium at that time for those additional benefits.
(b) (For group coverage, specifically describe
continuation/conversion provisions applicable to the certificate and group
policy.)
(c) (Describe waiver of premium provisions or state that
there are not such provisions.)
(5) TERMS UNDER WHICH THE COMPANY MAY CHANGE PREMIUMS.
(In bold type larger than the maximum type required to be
used for the other provisions of the outline of coverage, state whether or not
the company has a right to change the premium and, if a right exists, describe
clearly and concisely each circumstance under which the premium may change.)
(6) TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
RETURNED AND PREMIUM REFUNDED.
(a) (Provide a brief description of the right to return --
"free look" provision of the policy.)
(b) (Include a statement that the policy either does or does
not contain provisions providing for a refund or partial refund of premium upon
the death of an insured or surrender of the policy or certificate.� If the policy contains such provisions,
include a description of them.)
(5) (7) THIS IS NOT MEDICARE SUPPLEMENT
COVERAGE.� If you are eligible for
Medicare, review the Medicare Supplement Buyer's Guide available from the
insurance company.
(a) (For agents) neither (insert company name) nor its agents
represent Medicare, the federal government, or any state government.
(b) (For direct response) (insert company name) is not
representing Medicare, the federal government, or any state government.
(6) (8) LONG-TERM
CARE COVERAGE.� Policies of this category
are designed to provide coverage for one or more necessary or medically
necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or
personal care services, provided in a setting other than an acute care unit of
a hospital, such as in a nursing home, in the community, or in the home.
This policy provides coverage in the form of a fixed dollar
indemnity benefit for covered long-term care expenses, subject to policy
(limitations), (waiting periods), and (coinsurance) requirements. (Modify this
paragraph if the policy is not an indemnity policy.)
(7) (9) BENEFITS PROVIDED BY THIS POLICY.
(a) (Covered services, related deductible(s), waiting periods,
elimination periods, and benefit maximums.)
(b) (Institutional benefits, by skill level.)
(c) (Noninstitutional benefits, by skill level.)
(d) (Eligibility for payment of benefits.)
(Activities of daily living and cognitive impairment shall be
used to measure an insured's need for long-term care and must be defined and
described as part of the outline of coverage.)
(Any benefit screens must be explained in this section.� If these screens differ for different
benefits, explanation of the screen should accompany each benefit
description.� If an attending physician
or other specified person must certify a certain level of functional dependency
in order to be eligible for benefits, this too must be specified.� If activities of daily living (ADLs) are used
to measure an insured's need for long-term care, then these qualifying criteria
or screens must be explained.)
(8) (10) LIMITATIONS AND EXCLUSIONS:
Describe:
(a) preexisting conditions;
(b) noneligible facilities/provider;
(c) noneligible levels of care (e.g., unlicensed providers,
care or treatment provided by a family member, etc.);
(d) exclusions/exceptions; and
(e) limitations.
(This section should provide a brief specific description of
any policy provisions which limit, exclude, restrict, reduce, delay, or in any
other manner operate to qualify payment of the benefits described in paragraph (6)
(8).)
THIS POLICY MAY NOT COVER ALL THE EXPENSES ASSOCIATED WITH
YOUR LONG-TERM CARE NEEDS.
(9) (11) RELATIONSHIP OF COST OF CARE AND
BENEFITS.� Because the costs of long-term
care services will likely increase over time, you should consider whether and
how the benefits of this plan may be adjusted.�
As applicable, indicate the following:
(a) that the benefit level will not increase over time;
(b)
any automatic benefit adjustment provisions;
(c) whether the insured will be guaranteed the option to buy
additional benefits and the basis upon which benefits will be increased over
time if not by a specified amount or percentage;
(d) if there is such a guarantee, include whether additional
underwriting or health screening will be required, the frequency and amounts of
the upgrade options, and any significant restrictions or limitations; and
(e) whether there will be any additional premium charge
imposed and how that is to be calculated.
(10) (12) ALZHEIMER'S DISEASE AND OTHER ORGANIC
BRAIN DISORDERS. (State that the policy provides coverage for insureds
clinically diagnosed as having Alzheimer's disease or related degenerative and
dementing illnesses.� Specifically,
describe each benefit screen or other policy provision which provides
preconditions to the availability of policy benefits for such an insured.)
(11) (13) PREMIUM.
(a) State the total annual premium for the policy.
(b) If the premium varies with an applicant's choice among
benefit options, indicate the portion of annual premium which corresponds to
each benefit option.
(12) (14) ADDITIONAL FEATURES.
(a) Indicate if medical underwriting is used.
(b) Describe other important features.
(15) CONTACT THE STATE DEPARTMENT OF COMMERCE OR SENIOR
LINKAGE LINE IF YOU HAVE GENERAL QUESTIONS REGARDING LONG-TERM CARE
INSURANCE.� CONTACT THE INSURANCE COMPANY
IF YOU HAVE SPECIFIC QUESTIONS REGARDING YOUR LONG-TERM CARE INSURANCE POLICY
OR CERTIFICATE.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 4.� Minnesota
Statutes 2004, section 62S.081, subdivision 4, is amended to read:
Subd. 4.� Forms.�
An insurer shall use the forms in Appendices B (Personal Worksheet) and
F (Potential Rate Increase Disclosure Form) of the Long-term Care
Insurance Model Regulation adopted by the National Association of Insurance
Commissioners to comply with the requirements of subdivisions 1 and 2.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 5.� Minnesota
Statutes 2004, section 62S.10, subdivision 2, is amended to read:
Subd. 2.� Contents.� The summary must include the following
information:
(1) an explanation of how the long-term care benefit
interacts with other components of the policy, including deductions from death
benefits;
(2)
an illustration of the amount of benefits, the length of benefits, and the
guaranteed lifetime benefits, if any, for each covered person; and
(3) any exclusions, reductions, and limitations on benefits
of long-term care; and
(4) a statement that any long-term care inflation protection
option required by section 62S.23 is not available under this policy.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 6.� Minnesota
Statutes 2004, section 62S.13, is amended by adding a subdivision to read:
Subd. 6.� Death of insured.� In the event of the death of the insured,
this section shall not apply to the remaining death benefit of a life insurance
policy that accelerates benefits for long-term care.� In this situation, the remaining death
benefits under these policies shall be governed by section 61A.03, subdivision
1, paragraph (c).� In all other
situations, this section shall apply to life insurance policies that accelerate
benefits for long-term care.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 7.� Minnesota
Statutes 2004, section 62S.14, subdivision 2, is amended to read:
Subd. 2.� Terms.�
The terms "guaranteed renewable" and "noncancelable"
may not be used in an individual long-term care insurance policy without
further explanatory language that complies with the disclosure requirements of
section 62S.20.� The term "level
premium" may only be used when the insurer does not have the right to
change the premium. �
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 8.� Minnesota
Statutes 2004, section 62S.15, is amended to read:
62S.15 AUTHORIZED
LIMITATIONS AND EXCLUSIONS.�
No policy may be delivered or issued for delivery in this
state as long-term care insurance if the policy limits or excludes coverage by
type of illness, treatment, medical condition, or accident, except as follows:
(1) preexisting conditions or diseases;
(2) mental or nervous disorders; except that the exclusion or
limitation of benefits on the basis of Alzheimer's disease is prohibited;
(3) alcoholism and drug addiction;
(4) illness, treatment, or medical condition arising out of
war or act of war; participation in a felony, riot, or insurrection; service in
the armed forces or auxiliary units; suicide, attempted suicide, or
intentionally self-inflicted injury; or non-fare-paying aviation; and
(5) treatment provided in a government facility unless
otherwise required by law, services for which benefits are available under
Medicare or other government program except Medicaid, state or federal workers'
compensation, employer's liability or occupational disease law, motor vehicle
no-fault law; services provided by a member of the covered person's immediate
family; and services for which no charge is normally made in the absence of
insurance; and
(6)
expenses for services or items available or paid under another long-term care
insurance or health insurance policy
This
subdivision does not prohibit exclusions and limitations by type of provider or
territorial limitations.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 9.� Minnesota
Statutes 2004, section 62S.20, subdivision 1, is amended to read:
Subdivision 1.� Renewability.� (a) Individual long-term care
insurance policies must contain a renewability provision that is appropriately
captioned, appears on the first page of the policy, and clearly states the
duration, where limited, of renewability and the duration of the term of
coverage for which the policy is issued and for which it may be renewed
that the coverage is guaranteed renewable or noncancelable.� This subdivision does not apply to policies
which are part of or combined with life insurance policies which do not contain
a renewability provision and under which the right to nonrenew is reserved
solely to the policyholder.
(b) A long-term care insurance policy or certificate, other
than one where the insurer does not have the right to change the premium, shall
include a statement that premium rates may change.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 10.� Minnesota
Statutes 2004, section 62S.24, subdivision 1, is amended to read:
Subdivision 1.� Required questions.� An application form must include the
following questions designed to elicit information as to whether, as of the
date of the application, the applicant has another long-term care insurance
policy or certificate in force or whether a long-term care policy or certificate
is intended to replace any other accident and sickness or long-term care
policy or certificate presently in force.�
A supplementary application or other form to be signed by the applicant
and agent, except where the coverage is sold without an agent, containing the
following questions may be used.� If a
replacement policy is issued to a group as defined under section 62S.01,
subdivision 15, clause (1), the following questions may be modified only to the
extent necessary to elicit information about long-term care insurance policies
other than the group policy being replaced; provided, however, that the
certificate holder has been notified of the replacement:
(1) do you have another long-term care insurance policy or
certificate in force (including health care service contract or health
maintenance organization contract)?;
(2) did you have another long-term care insurance policy or
certificate in force during the last 12 months?;
(i) if so, with which company?; and
(ii) if that policy lapsed, when did it lapse?; and
(3) are you covered by Medicaid?; and
(4) do you intend to replace any of your medical or health
insurance coverage with this policy (certificate)?
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec.
11.� Minnesota Statutes 2004, section
62S.24, is amended by adding a subdivision to read:
Subd. 1a.� Other health insurance policies sold by
agent.� Agents shall list all
other health insurance policies they have sold to the applicant that are still
in force or were sold in the past five years and are no longer in force.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 12.� Minnesota
Statutes 2004, section 62S.24, subdivision 3, is amended to read:
Subd. 3.� Solicitations other than direct response.� After determining that a sale will involve
replacement, an insurer, other than an insurer using direct response
solicitation methods or its agent, shall furnish the applicant, before issuance
or delivery of the individual long-term care insurance policy, a notice
regarding replacement of accident and sickness or long-term care coverage.� One copy of the notice must be retained by
the applicant and an additional copy signed by the applicant must be retained
by the insurer.� The required notice must
be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
INDIVIDUAL ACCIDENT AND SICKNESS OR LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE!� IT
MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have
furnished), you intend to lapse or otherwise terminate existing accident and
sickness or long-term care insurance and replace it with an individual
long-term care insurance policy to be issued by (company name) insurance
company.� Your new policy provides 30
days within which you may decide, without cost, whether you desire to keep the
policy.� For your own information and
protection, you should be aware of and seriously consider certain factors which
may affect the insurance protection available to you under the new policy.
You should review this new coverage carefully, comparing it
with all accident and sickness or long-term care insurance coverage you
now have, and terminate your present policy only if, after due consideration,
you find that purchase of this long-term care coverage is a wise decision.
STATEMENT TO APPLICANT BY AGENT
(BROKER OR OTHER REPRESENTATIVE):
(Use additional sheets, as necessary.)
I have reviewed your current medical health insurance
coverage.� I believe the replacement of
insurance involved in this transaction materially improves your position.� My conclusion has taken into account the
following considerations, which I call to your attention:
(a) Health conditions which you presently have (preexisting
conditions) may not be immediately or fully covered under the new policy.� This could result in denial or delay in
payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or
certificate may not contain new preexisting conditions or probationary
periods.� The insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new
policy (or coverage) for similar benefits to the extent such time was spent
(depleted) under the original policy.
(c)
If you are replacing existing long-term care insurance coverage, you may wish
to secure the advice of your present insurer or its agent regarding the
proposed replacement of your present policy.�
This is not only your right, but it is also in your best interest to
make sure you understand all the relevant factors involved in replacing your
present coverage.
(d) If, after due consideration, you still wish to terminate
your present policy and replace it with new coverage, be certain to truthfully
and completely answer all questions on the application concerning your medical
health history.� Failure to include all
material medical information on an application may provide a basis for the
company to deny any future claims and to refund your premium as though your
policy had never been in force.� After
the application has been completed and before you sign it, reread it carefully
to be certain that all information has been properly recorded.
����� .....................................................................................
(Signature of Agent, Broker, or Other Representative)
(Typed Name and Address of Agency or Broker)
The above "Notice to Applicant" was delivered to me
on:
�������������������������������������������������������������������������������������������������������������������������������� ��������������.
������������������������������������������������������������������������������������������������������������������������������������������������������������������������������ (Date)
�������������������������������������������������������������������������������������������������������������������������������� ��������������.
������������������������������������������������������������������������������������������������������������������������������������������������ (Applicant's
Signature)
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 13.� Minnesota
Statutes 2004, section 62S.24, subdivision 4, is amended to read:
Subd. 4.� Direct response solicitations.� Insurers using direct response solicitation
methods shall deliver a notice regarding replacement of long-term care coverage
to the applicant upon issuance of the policy.�
The required notice must be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
ACCIDENT AND SICKNESS OR
LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE!� IT
MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have
furnished), you intend to lapse or otherwise terminate existing accident and
sickness or long-term care insurance and replace it with the long-term care
insurance policy delivered herewith issued by (company name) insurance company.
Your new policy provides 30 days within which you may decide,
without cost, whether you desire to keep the policy.� For your own information and protection, you
should be aware of and seriously consider certain factors which may affect the
insurance protection available to you under the new policy.
You
should review this new coverage carefully, comparing it with all long-term care
insurance coverage you now have, and terminate your present policy only if,
after due consideration, you find that purchase of this long-term care coverage
is a wise decision.
(a) Health conditions which you presently have (preexisting
conditions) may not be immediately or fully covered under the new policy.� This could result in denial or delay in
payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or
certificate may not contain new preexisting conditions or probationary
periods.� Your insurer will waive any
time periods applicable to preexisting conditions or probationary periods in
the new policy (or coverage) for similar benefits to the extent such time was
spent (depleted) under the original policy.
(c) If you are replacing existing long-term care insurance
coverage, you may wish to secure the advice of your present insurer or its
agent regarding the proposed replacement of your present policy.� This is not only your right, but it is also
in your best interest to make sure you understand all the relevant factors
involved in replacing your present coverage.
(d) (To be included only if the application is attached to
the policy.)
If, after due consideration, you still wish to terminate your
present policy and replace it with new coverage, read the copy of the
application attached to your new policy and be sure that all questions are
answered fully and correctly.� Omissions
or misstatements in the application could cause an otherwise valid claim to be
denied.� Carefully check the application
and write to (company name and address) within 30 days if any information is
not correct and complete, or if any past medical history has been left out of
the application.
��������������������������������������������������������������������������������������������������������������������������������� ��������������
���������������������������������������������������������������������������������������������������������������������������������������������������������� (Company
Name)
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 14.� Minnesota
Statutes 2004, section 62S.24, is amended by adding a subdivision to read:
Subd. 7.� Life insurance policies.� Life insurance policies that accelerate
benefits for long-term care shall comply with this section if the policy being
replaced is a long-term care insurance policy.�
If the policy being replaced is a life insurance policy, the insurer
shall comply with the replacement requirements of sections 61A.53 to
61A.60.� If a life insurance policy that
accelerates benefits for long-term care is replaced by another such policy, the
replacing insurer shall comply with both the long-term care and the life
insurance replacement requirements.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 15.� Minnesota
Statutes 2004, section 62S.24, is amended by adding a subdivision to read:
Subd. 8.� Exchange for long-term care partnership
policy; addition of policy rider.�
(a) If federal law is amended or a federal waiver is granted with
respect to the long-term care partnership program referenced in section
256B.0571, issuers of long-term care policies may voluntarily exchange a
current long-term care insurance policy for a long-term care partnership policy
that meets the requirements of Public Law 109-171, section 6021, after the
effective date of the state plan amendment implementing the partnership program
in this state.
(b)
If federal law is amended or a federal waiver is granted with respect to the
long-term care partnership program referenced in section 256B.0571 allowing an
existing long-term care insurance policy to qualify as a partnership policy by
addition of a policy rider, the issuer of the policy is authorized to add the
rider to the policy after the effective date of the state plan amendment
implementing the partnership program in this state.
(c) The commissioner, in cooperation with the commissioner of
human services, shall pursue any federal law changes or waivers necessary to
allow the implementation of paragraphs (a) and (b).
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 16.� Minnesota
Statutes 2004, section 62S.25, subdivision 6, is amended to read:
Subd. 6.� Claims denied.� Each insurer shall report annually by June 30
the number of claims denied for any reason during the reporting period
for each class of business, expressed as a percentage of claims denied, other than
claims denied for failure to meet the waiting period or because of any
applicable preexisting condition.� For
purposes of this subdivision, "claim" means a request for payment of
benefits under an in-force policy regardless of whether the benefit claimed is
covered under the policy or any terms or conditions of the policy have been
met.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 17.� Minnesota
Statutes 2004, section 62S.25, is amended by adding a subdivision to read:
Subd. 7.� Reports.� Reports under this section shall be
done on a statewide basis and filed with the commissioner.� They shall include, at a minimum, the
information in the format contained in Appendix E (Claim Denial Reporting Form)
and in Appendix G (Replacement and Lapse Reporting Form) of the Long-Term Care
Model Regulation adopted by the National Association of Insurance
Commissioners.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 18.� Minnesota
Statutes 2004, section 62S.26, is amended to read:
62S.26 LOSS RATIO.�
Subdivision 1.�
Minimum loss ratio.� (a) The minimum loss ratio must be at
least 60 percent, calculated in a manner which provides for adequate reserving
of the long-term care insurance risk.� In
evaluating the expected loss ratio, the commissioner shall give consideration
to all relevant factors, including:
(1) statistical credibility of incurred claims experience and
earned premiums;
(2) the period for which rates are computed to provide
coverage;
(3) experienced and projected trends;
(4) concentration of experience within early policy duration;
(5) expected claim fluctuation;
(6) experience refunds, adjustments, or dividends;
(7) renewability features;
(8)
all appropriate expense factors;
(9) interest;
(10) experimental nature of the coverage;
(11) policy reserves;
(12) mix of business by risk classification; and
(13) product features such as long elimination periods, high
deductibles, and high maximum limits.
Subd. 2.� Life insurance policies.� Subdivision 1 shall not apply to life
insurance policies that accelerate benefits for long-term care.� A life insurance policy that funds long-term
care benefits entirely by accelerating the death benefit is considered to
provide reasonable benefits in relation to premiums paid, if the policy
complies with all of the following provisions:
(1) the interest credited internally to determine cash value
accumulations, including long-term care, if any, are guaranteed not to be less
than the minimum guaranteed interest rate for cash value accumulations without
long-term care set forth in the policy;
(2) the portion of the policy that provides life insurance
benefits meets the nonforfeiture requirements of section 61A.24;
(3) the policy meets the disclosure requirements of sections
62S.09, 62S.10, and 62S.11; and
(4) an actuarial memorandum is filed with the insurance
department that includes:
(i) a description of the basis on which the long-term care
rates were determined;
(ii) a description of the basis for the reserves;
(iii) a summary of the type of policy, benefits,
renewability, general marketing method, and limits on ages of issuance;
(iv) a description and a table of each actuarial assumption
used.� For expenses, an insurer must
include percentage of premium dollars per policy and dollars per unit of
benefits, if any;
(v) a description and a table of the anticipated policy
reserves and additional reserves to be held in each future year for active
lives;
(vi) the estimated average annual premium per policy and the
average issue age;
(vii) a statement as to whether underwriting is performed at
the time of application.� The statement
shall indicate whether underwriting is used and, if used, the statement shall
include a description of the type or types of underwriting used, such as
medical underwriting or functional assessment underwriting.� Concerning a group policy, the statement
shall indicate whether the enrollee or any dependent will be underwritten and
when underwriting occurs; and
(viii)
a description of the effect of the long-term care policy provision on the
required premiums, nonforfeiture values, and reserves on the underlying life
insurance policy, both for active lives and those in long-term care claim
status.
Subd. 3.� Nonapplication.� (b) This section does not apply to
policies or certificates that are subject to sections 62S.021, 62S.081, and
62S.265, and that comply with those sections.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 19.� Minnesota
Statutes 2004, section 62S.266, subdivision 2, is amended to read:
Subd. 2.� Requirement.� (a) An insurer must offer each
prospective policyholder a nonforfeiture benefit in compliance with the
following requirements:
(1) a policy or certificate offered with nonforfeiture
benefits must have coverage elements, eligibility, benefit triggers, and
benefit length that are the same as coverage to be issued without nonforfeiture
benefits.� The nonforfeiture benefit
included in the offer must be the benefit described in subdivision 5; and
(2) the offer must be in writing if the nonforfeiture benefit
is not otherwise described in the outline of coverage or other materials given
to the prospective policyholder.
(b) When a group long-term care insurance policy is issued,
the offer required in paragraph (a) shall be made to the group policy
holder.� However, if the policy is issued
as group long-term care insurance as defined in section 62S.01, subdivision 15,
clause (4), other than to a continuing care retirement community or other
similar entity, the offering shall be made to each proposed certificate holder.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 20.� Minnesota
Statutes 2004, section 62S.29, subdivision 1, is amended to read:
Subdivision 1.� Requirements.� An insurer or other entity marketing
long-term care insurance coverage in this state, directly or through its
producers, shall:
(1) establish marketing procedures and agent training
requirements to assure that a any marketing activities, including
any comparison of policies by its agents or other producers, are
fair and accurate;
(2) establish marketing procedures to assure excessive
insurance is not sold or issued;
(3) display prominently by type, stamp, or other appropriate
means, on the first page of the outline of coverage and policy, the following:
"Notice to buyer: This policy may not cover all of the
costs associated with long-term care incurred by the buyer during the period of
coverage.� The buyer is advised to review
carefully all policy limitations.";
(4) provide copies of the disclosure forms required in
section 62S.081, subdivision 4, to the applicant;
(5) inquire and otherwise make every reasonable effort to
identify whether a prospective applicant or enrollee for long-term care
insurance already has long-term care insurance and the types and amounts of the
insurance;
(5) (6) establish auditable procedures for
verifying compliance with this subdivision; and
(6) (7) if
applicable, provide written notice to the prospective policyholder and
certificate holder, at solicitation, that a senior insurance counseling program
approved by the commissioner is available and the name, address, and telephone
number of the program;
(8) use the terms "noncancelable" or "level
premium" only when the policy or certificate conforms to section 62S.14;
and
(9) provide an explanation of contingent benefit upon lapse
provided for in section 62S.266.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 21.� Minnesota
Statutes 2004, section 62S.30, is amended to read:
62S.30 APPROPRIATENESS OF
RECOMMENDED PURCHASE SUITABILITY.�
In recommending the purchase or replacement of a long-term
care insurance policy or certificate, an agent shall comply with section
60K.46, subdivision 4.
Subdivision 1.�
Standards.� Every insurer or other entity marketing
long-term care insurance shall:
(1) develop and use suitability standards to determine
whether the purchase or replacement of long-term care insurance is appropriate
for the needs of the applicant;
(2) train its agents in the use of its suitability standards;
and
(3) maintain a copy of its suitability standards and make
them available for inspection upon request by the commissioner.
Subd. 2.� Procedures.� (a) To determine whether the applicant
meets the standards developed by the insurer or other entity marketing
long-term care insurance, the agent and insurer or other entity marketing
long-term care insurance shall develop procedures that take the following into
consideration:
(1) the ability to pay for the proposed coverage and other
pertinent financial information related to the purchase of the coverage;
(2) the applicant's goals or needs with respect to long-term
care and the advantages and disadvantages of insurance to meet those goals or
needs; and
(3) the values, benefits, and costs of the applicant's
existing insurance, if any, when compared to the values, benefits, and costs of
the recommended purchase or replacement.
(b) The insurer or other entity marketing long-term care
insurance, and where an agent is involved, the agent, shall make reasonable
efforts to obtain the information set forth in paragraph (a).� The efforts shall include presentation to the
applicant, at or prior to application, of the "Long-Term Care Insurance
Personal Worksheet." The personal worksheet used by the insurer or other
entity marketing long-term care insurance shall contain, at a minimum, the
information in the format contained in Appendix B of the Long-Term Care Model
Regulation adopted by the National Association of Insurance Commissioners, in
not less than 12-point type.� The insurer
or other entity marketing long-term care insurance may request the applicant to
provide additional information to comply with its suitability standards.� The insurer or other entity marketing
long-term care insurance shall file a copy of its personal worksheet with the
commissioner.
(c)
A completed personal worksheet shall be returned to the insurer or other entity
marketing long-term care insurance prior to consideration of the applicant for
coverage, except the personal worksheet need not be returned for sales of
employer group long-term care insurance to employees and their spouses.� The sale or dissemination by the insurer or
other entity marketing long-term care insurance, or the agent, of information
obtained through the personal worksheet, is prohibited.
(d) The insurer or other entity marketing long-term care
insurance shall use the suitability standards it has developed under this
section in determining whether issuing long-term care insurance coverage to an
applicant is appropriate.� Agents shall
use the suitability standards developed by the insurer or other entity
marketing long-term care insurance in marketing long-term care insurance.
(e) At the same time as the personal worksheet is provided to
the applicant, the disclosure form entitled "Things You Should Know Before
You Buy Long-Term Care Insurance" shall be provided.� The form shall be in the format contained in
Appendix C of the Long-Term Care Insurance Model Regulation adopted by the
National Association of Insurance Commissioners in not less than 12-point type.
(f) If the insurer or other entity marketing long-term care
insurance determines that the applicant does not meet its financial suitability
standards, or if the applicant has declined to provide the information, the
insurer or other entity marketing long-term care insurance may reject the
application.� In the alternative, the
insurer or other entity marketing long-term care insurance shall send the
applicant a letter similar to Appendix D of the Long-Term Care Insurance Model
Regulation adopted by the National Association of Insurance Commissioners.� However, if the applicant has declined to
provide financial information, the insurer or other entity marketing long-term
care insurance may use some other method to verify the applicant's intent.� The applicant's returned letter or a record
of the alternative method of verification shall be made part of the applicant's
file.
Subd. 3.� Reports.� The insurer or other entity marketing long-term
care insurance shall report annually to the commissioner the total number of
applications received from residents of this state, the number of those who
declined to provide information on the personal worksheet, the number of
applicants who did not meet the suitability standards, and the number of those
who chose to confirm after receiving a suitability letter.
Subd. 4.� Application.� This section shall not apply to life
insurance policies that accelerate benefits for long-term care.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 22.� [62S.315] PRODUCER TRAINING.�
The commissioner shall approve producer training requirements
in accordance with the NAIC Long-Term Care Insurance Model Act provisions.� The commissioner of the Department of Human
Services shall provide technical assistance and information to the commissioner
in accordance with Public Law 109-171, section 6021.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 23.� Minnesota
Statutes 2004, section 144.6501, subdivision 6, is amended to read:
Subd. 6.� Medical assistance payment.� (a) An admission contract for a facility that
is certified for participation in the medical assistance program must state
that neither the prospective resident, nor anyone on the resident's behalf, is
required to pay privately any amount for which the resident's care at the
facility has been approved for payment by medical assistance or to make any
kind of donation, voluntary or otherwise.�
Except as permitted under section 6015 of the Deficit Reduction Act
of 2005, Public Law 109-171, an admission contract must state that the
facility does not require as a condition of admission, either in its admission
contract or by oral promise before signing the admission contract, that residents
remain in private pay status for any period of time.
(b)
The admission contract must state that upon presentation of proof of
eligibility, the facility will submit a medical assistance claim for
reimbursement and will return any and all payments made by the resident, or by
any person on the resident's behalf, for services covered by medical
assistance, upon receipt of medical assistance payment.
(c) A facility that participates in the medical assistance
program shall not charge for the day of the resident's discharge from the
facility or subsequent days.
(d) If a facility's charges incurred by the resident are
delinquent for 30 days, and no person has agreed to apply for medical
assistance for the resident, the facility may petition the court under chapter
525 to appoint a representative for the resident in order to apply for medical
assistance for the resident.
(e) The remedy provided in this subdivision does not preclude
a facility from seeking any other remedy available under other laws of this
state.
Sec. 24.� Minnesota
Statutes 2004, section 256B.02, subdivision 9, is amended to read:
Subd. 9.� Private health care coverage.� "Private health care coverage"
means any plan regulated by chapter 62A, 62C or 64B.� Private health care coverage also includes
any self-insurance self-insured plan providing health care
benefits, pharmacy benefit manager, service benefit plan, managed care
organization, and other parties that are by contract legally responsible for
payment of a claim for a health care item or service for an individual
receiving medical benefits under chapter 256B, 256D, or 256L.
Sec. 25.� Minnesota
Statutes 2004, section 256B.056, subdivision 2, is amended to read:
Subd. 2.� Homestead; exclusion and
homestead equity limit for institutionalized persons.� (a) The homestead shall be excluded
for the first six calendar months of a person's stay in a long-term care
facility and shall continue to be excluded for as long as the recipient can be
reasonably expected to return to the homestead.�
For purposes of this subdivision, "reasonably expected to return to
the homestead" means the recipient's attending physician has certified
that the expectation is reasonable, and the recipient can show that the cost of
care upon returning home will be met through medical assistance or other
sources.� The homestead shall continue to
be excluded for persons residing in a long-term care facility if it is used as
a primary residence by one of the following individuals:
(a) (1) the spouse;
(b) (2) a child under age 21;
(c) (3) a child of any age who is blind or
permanently and totally disabled as defined in the supplemental security income
program;
(d) (4) a sibling who has equity interest
in the home and who resided in the home for at least one year immediately before
the date of the person's admission to the facility; or
(e) (5) a child of any age, or, subject to
federal approval, a grandchild of any age, who resided in the home for at least
two years immediately before the date of the person's admission to the facility,
and who provided care to the person that permitted the person to reside at home
rather than in an institution.
(b) Effective for applications filed on or after July 1,
2006, and for renewals after July 1, 2006, for persons who first applied for payment
of long-term care services on or after January 2, 2006, the equity interest in
the homestead of an individual whose eligibility for long-term care services is
determined on or after January 1, 2006, shall not exceed
$500,000, unless it is the lawful residence of the individual's spouse or child
who is under age 21, blind, or disabled.�
The amount specified in this paragraph shall be increased beginning in
year 2011, from year-to-year based on the percentage increase in the Consumer
Price Index for all urban consumers (all items; United States city average),
rounded to the nearest $1,000.� This
provision may be waived in the case of demonstrated hardship by a process to be
determined by the secretary of health and human services pursuant to section
6014 of the Deficit Reduction Act of 2005, Public Law 109-171.
Sec. 26.� Minnesota
Statutes 2004, section 256B.056, is amended by adding a subdivision to read:
Subd. 3e.� Treatment of continuing care retirement
and life care community entrance fees.�
An entrance fee paid by an individual to a continuing care retirement
or life care community shall be treated as an available asset to the extent
that:
(1) the individual has the ability to use the entrance fee,
or the contract provides that the entrance fee may be used, to pay for care
should other resources or income of the individual be insufficient to pay for
care;
(2) the individual is eligible for a refund of any remaining
entrance fees when the individual dies or terminates the continuing care
retirement or life care community contract and leaves the community; and
(3) the entrance fee does not confer an ownership interest in
the continuing care retirement or life care community.
Sec. 27.� Minnesota
Statutes 2004, section 256B.056, is amended by adding a subdivision to read:
Subd. 11.� Treatment of annuities.� (a) Any individual applying for or seeking
recertification of eligibility for medical assistance payment of long-term care
services shall provide a complete description of any interest either the individual
or the individual's spouse has in annuities.�
The individual and the individual's spouse shall furnish the agency
responsible for determining eligibility with complete current copies of their
annuities and related documents for review as part of the application process
on disclosure forms provided by the department as part of their application.
(b) The disclosure form shall include a statement that the
department becomes the remainder beneficiary under the annuity or similar
financial instrument by virtue of the receipt of medical assistance.� The disclosure form shall include a notice to
the issuer of the department's right under this section as a preferred
remainder beneficiary under the annuity or similar financial instrument for
medical assistance furnished to the individual or the individual's spouse, and
require the issuer to provide confirmation that a remainder beneficiary
designation has been made and to notify the county agency when there is a
change in the amount of the income or principal being withdrawn from the
annuity or other similar financial instrument at the time of the most recent
disclosure required under this section.�
The individual and the individual's spouse shall execute separate disclosure
forms for each annuity or similar financial instrument that they are required
to disclose under this section and in which they have an interest.
(c) An issuer of an annuity or similar financial instrument
who receives notice on a disclosure form as described in paragraph (b) shall
provide confirmation to the requesting agency that a remainder beneficiary
designating the state has been made and shall notify the county agency when
there is a change in the amount of income or principal being withdrawn from the
annuity or other similar financial instrument.�
The county agency shall provide the issuer with the name, address, and
telephone number of a unit within the department that the insurer can contact
to comply with this paragraph.
Sec.
28.� Minnesota Statutes 2005 Supplement,
section 256B.0571, is amended to read:
256B.0571 LONG-TERM CARE
PARTNERSHIP PROGRAM.�
Subdivision 1.� Definitions.� For purposes of this section, the following
terms have the meanings given them.
Subd. 2.� Home care service.� "Home care service" means care
described in section 144A.43.
Subd. 3.� Long-term care insurance.� "Long-term care insurance" means a
policy described in section 62S.01.
Subd. 4.� Medical assistance.� "Medical assistance" means the
program of medical assistance established under section 256B.01.
Subd. 5.� Nursing home.� "Nursing home" means a nursing
home as described in section 144A.01.
Subd. 6.� Partnership policy.� "Partnership policy" means a
long-term care insurance policy that meets the requirements under subdivision
10 or 11, regardless of when the policy and was first
issued on or after the effective date of the state plan amendment.
Subd. 7.� Partnership program.� "Partnership program" means the
Minnesota partnership for long-term care program established under this
section.
Subd. 7a.� Protected assets.� "Protected assets" means assets
or proceeds of assets that are protected from recovery under subdivisions 13
and 15.
Subd. 8.� Program established.� (a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for
long-term care program to provide for the financing of long-term care through a
combination of private insurance and medical assistance.
(b) An individual who meets the requirements in this
paragraph is eligible to participate in the partnership program.� The individual must:
(1) be a Minnesota resident at the time coverage first
became effective under the partnership policy;
(2) purchase a partnership policy that is delivered,
issued for delivery, or renewed on or after the effective date of Laws 2005,
First Special Session chapter 4, article 7, section 5, and maintain the
partnership policy in effect throughout the period of participation in the
partnership program be a beneficiary of a partnership policy that (i) is
issued on or after the effective date of the state plan amendment implementing
the partnership program in Minnesota, or (ii) qualifies as a partnership policy
under the provisions of section 62S.24, subdivision 8; and
(3) exhaust the minimum have exhausted all of the benefits
under the partnership policy as described in this section.� Benefits received under a long-term care
insurance policy before the effective date of Laws 2005, First Special
Session chapter 4, article 7, section 5 July 1, 2006, do not count
toward the exhaustion of benefits required in this subdivision.
Subd. 9.� Medical assistance eligibility.� (a) Upon application of for medical
assistance program payment of long-term care services by an individual who
meets the requirements described in subdivision 8, the commissioner shall
determine the individual's eligibility for medical assistance according to
paragraphs (b) and (c) to (i).
(b)
After disregarding financial determining assets exempted under
medical assistance eligibility requirements subject to the asset limit
under section 256B.056, subdivision 3 or 3c, or section 256B.057, subdivision 9
or 10, the commissioner shall disregard an additional amount of
financial assets equal allow the individual to designate assets to be
protected from recovery under subdivisions 13 and 15 of this section up to
the dollar amount of coverage the benefits utilized under the
partnership policy.� Designated assets
shall be disregarded for purposes of determining eligibility for payment of
long-term care services.
(c) The commissioner shall consider the individual's
income according to medical assistance eligibility requirements. The
individual shall identify the designated assets and the full fair market value
of those assets and designate them as assets to be protected at the time of
initial application for medical assistance.�
The full fair market value of real property or interests in real
property shall be based on the most recent full assessed value for property tax
purposes for the real property, unless the individual provides a complete
professional appraisal by a licensed appraiser to establish the full fair
market value.� The extent of a life
estate in real property shall be determined using the life estate table in the
health care program's manual.� Ownership
of any asset in joint tenancy shall be treated as ownership as tenants in
common for purposes of its designation as a disregarded asset.� The unprotected value of any protected asset
is subject to estate recovery according to subdivisions 13 and 15.
(d) The right to designate assets to be protected is personal
to the individual and ends when the individual dies, except as otherwise
provided in subdivisions 13 and 15.� It
does not include the increase in the value of the protected asset and the income,
dividends, or profits from the asset.� It
may be exercised by the individual or by anyone with the legal authority to do
so on the individual's behalf.� It shall
not be sold, assigned, transferred, or given away.
(e) If the dollar amount of the benefits utilized under a
partnership policy is greater than the full fair market value of all assets
protected at the time of the application for medical assistance long-term care
services, the individual may designate additional assets that become available
during the individual's lifetime for protection under this section.� The individual must make the designation in
writing to the county agency no later than the last date on which the
individual must report a change in circumstances to the county agency, as
provided for under the medical assistance program.� Any excess used for this purpose shall not be
available to the individual's estate to protect assets in the estate from
recovery under section 256B.15, 524.3-1202, or otherwise.
(f) This section applies only to estate recovery under United
States Code, title 42, section 1396p, subsections (a) and (b), and does not
apply to recovery authorized by other provisions of federal law, including, but
not limited to, recovery from trusts under United States Code, title 42,
section 1396p, subsection (d)(4)(A) and (C), or to recovery from annuities, or
similar legal instruments, subject to section 6012, subsections (a) and (b), of
the Deficit Reduction Act of 2005, Public Law 109-171.
(g) An individual's protected assets owned by the
individual's spouse who applies for payment of medical assistance long-term
care services shall not be protected assets or disregarded for purposes of
eligibility of the individual's spouse solely because they were protected
assets of the individual.
(h) Assets designated under this subdivision shall not be
subject to penalty under section 256B.0595.
(i) The commissioner shall otherwise determine the
individual's eligibility for payment of long-term care services according to
medical assistance eligibility requirements.
Subd. 10.� Dollar-for-dollar asset protection
policies Inflation protection.�
(a) A dollar-for-dollar asset protection policy must meet all of the
requirements in paragraphs (b) to (e).
(b) The policy must satisfy the requirements of chapter 62S.
(c) The policy must offer an elimination period of not more
than 180 days for an adjusted premium.
(d)
The policy must satisfy the requirements established by the commissioner of
human services under subdivision 14.
(e) Minimum daily benefits shall be $130 for nursing home
care or $65 for home care, with inflation protection provided in the policy as
described in section 62S.23, subdivision 1, clause (1).� These minimum daily benefit amounts shall be
adjusted by the commissioner on October 1 of each year by a percentage equal to
the inflation protection feature described in section 62S.23, subdivision 1,
clause (1), for purposes of setting minimum requirements that a policy must
meet in future years in order to initially qualify as an approved policy under
this subdivision.� Adjusted minimum daily
benefit amounts shall be rounded to the nearest whole dollar.
A long-term care partnership policy must provide the
inflation protection described in this paragraph.� If the policy is sold to an individual who:
(1) has not attained age 61 as of the date of purchase, the
policy provides compound annual inflation protection;
(2) has attained age 61, but has not attained age 76 as of
such date, the policy provides some level of inflation protection; and
(3) has attained age 76 as of such date, the policy may, but
is not required to, provide some level of inflation protection.
Subd. 11.� Total asset protection policies.� (a) A total asset protection policy must
meet all of the requirements in subdivision 10, paragraphs (b) to (d), and this
subdivision.
(b) Minimum coverage shall be for a period of not less than
three years and for a dollar amount equal to 36 months of nursing home care at
the minimum daily benefit rate determined and adjusted under paragraph (c).
(c) Minimum daily benefits shall be $150 for nursing home
care or $75 for home care, with inflation protection provided in the policy as
described in section 62S.23, subdivision 1, clause (1).� These minimum daily benefit amounts shall
also be adjusted by the commissioner on October 1 of each year by a percentage
equal to the inflation protection feature described in section 62S.23,
subdivision 1, clause (1), for purposes of setting minimum requirements that a
policy must meet in future years in order to initially qualify as an approved
policy under this subdivision.� Adjusted
minimum daily benefit amounts shall be rounded to the nearest whole dollar.
(d) The policy must cover all of the following services:
(1) nursing home stay;
(2) home care service; and
(3) care management.
Subd. 12.� Compliance with federal law.� An issuer of a partnership policy must comply
with any federal law authorizing partnership policies in Minnesota
Public Law 109-171, section 6021, including any federal regulations, as
amended, adopted under that law.� This
subdivision does not require compliance with any provision of this federal law
until the date upon which the law requires compliance with the provision.� The commissioner has authority to enforce
this subdivision.
Subd.
13.� Limitations
on estate recovery.� (a) For an
individual who exhausts the minimum benefits of a dollar-for-dollar
asset protection policy under subdivision 10, and is determined eligible for
medical assistance under subdivision 9, the state shall limit recovery under
the provisions of section 256B.15 against the estate of the individual or
individual's spouse for medical assistance benefits received by that individual
to an amount that exceeds the dollar amount of coverage utilized under the
partnership policy. Protected assets of the individual shall not be
subject to recovery under section 256B.15 or section 524.3-1201 for medical
assistance or alternative care paid on behalf of the individual.� Protected assets of the individual in the
estate of the individual's surviving spouse shall not be liable to pay a claim
for recovery of medical assistance paid for the predeceased individual that is
filed in the estate of the surviving spouse under section 256B.15.� Protected assets of the individual shall not
be protected assets in the surviving spouse's estate by reason of the preceding
sentence and shall be subject to recovery under section 256B.15 or 524.3-1201
for medical assistance paid on behalf of the surviving spouse.
(b) For an individual who exhausts the minimum benefits of
a total asset protection policy under subdivision 11, and is determined
eligible for medical assistance under subdivision 9, the state shall not seek
recovery under the provisions of section 256B.15 against the estate of the
individual or individual's spouse for medical assistance benefits received by
that individual. The personal representative may protect the full fair
market value of an individual's unprotected assets in the individual's estate
in an amount equal to the unused amount of asset protection the individual had
on the date of death.� The personal
representative shall apply the asset protection so that the full fair market
value of any unprotected asset in the estate is protected.� When or if the asset protection available to
the personal representative is or becomes less than the full fair market value
of any remaining unprotected asset, it shall be applied to partially protect
one unprotected asset.
(c) The asset protection described in paragraph (a)
terminates with respect to an asset includable in the individual's estate under
chapter 524 or section 256B.15:
(1) when the estate distributes the asset; or
(2) if the estate of the individual has not been probated
within one year from the date of death.
(d) If an individual owns a protected asset on the date of
death and the estate is opened for probate more than one year after death, the
state or a county agency may file and collect claims in the estate under
section 256B.15, and no statute of limitations in chapter 524 that would
otherwise limit or bar the claim shall apply.
(e) Except as otherwise provided, nothing in this section
shall limit or prevent recovery of medical assistance.
Subd. 14.� Implementation.� (a) If federal law is amended or a federal
waiver is granted to permit implementation of this section, the commissioner,
in consultation with the commissioner of commerce, may alter the requirements
of subdivisions 10 and 11, and may establish additional requirements for
approved policies in order to conform with federal law or waiver
authority.� In establishing these
requirements, the commissioner shall seek to maximize purchase of qualifying
policies by Minnesota residents while controlling medical assistance costs.
(b) The commissioner is authorized to suspend implementation
of this section until the next session of the legislature if the commissioner,
in consultation with the commissioner of commerce, determines that the federal
legislation or federal waiver authorizing a partnership program in Minnesota is
likely to impose substantial unforeseen costs on the state budget.
(c) The commissioner must take action under paragraph (a) or
(b) within 45 days of final federal action authorizing a partnership policy in
Minnesota.
(d) The commissioner must notify the appropriate legislative
committees of action taken under this subdivision within 50 days of final
federal action authorizing a partnership policy in Minnesota.
(e)
The commissioner must publish a notice in the State Register of implementation
decisions made under this subdivision as soon as practicable. The
commissioner shall submit a state plan amendment to the federal government to
implement the long-term care partnership program in accordance with this
section.
Subd. 15.� Limitation on liens.� (a) An individual's interest in real
property shall not be subject to a medical assistance lien or a notice of
potential claim while it is protected under subdivision 9, to the extent it is
protected.
(b) Medical assistance liens or liens arising under notices
of potential claims against an individual's interests in real property in their
estate that are designated as protected under subdivision 13, paragraph (b),
shall be released to the extent of the dollar value of the protection applied
to the interest.
(c) If an interest in real property is protected from a lien
for recovery of medical assistance paid on behalf of the individual under
paragraph (a) or (b), no such lien for recovery of medical assistance paid on
behalf of that individual shall be filed against the protected interest in real
property after it is distributed to the individual's heirs or devisees.
Subd. 16.� Burden of proof.� Any individual or the personal
representative of the individual's estate who asserts that an asset is a
disregarded or protected asset under this section in connection with any
determination of eligibility for benefits under the medical assistance program
or any appeal, case, controversy, or other proceedings, shall have the initial
burden of:
(1) documenting and proving by convincing evidence that the
asset or source of funds for the asset in question was designated as
disregarded or protected;
(2) tracing the asset and the proceeds of the asset from that
time forward; and
(3) documenting that the asset or proceeds of the asset
remained disregarded or protected at all relevant times.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 29.� [256B.0594] PAYMENT OF BENEFITS FROM AN
ANNUITY.�
When payment becomes due under an annuity that names the
department a remainder beneficiary as described in section 256B.056,
subdivision 11, the issuer shall request and the department shall, within 45
days after receipt of the request, provide a written statement of the total
amount of the medical assistance paid.�
Upon timely receipt of the written statement of the amount of medical
assistance paid, the issuer shall pay the department an amount equal to the
lesser of the amount due the department under the annuity or the total amount
of medical assistance paid on behalf of the individual or the individual's
spouse.� Any amounts remaining after the
issuer's payment to the department shall be payable according to the terms of
the annuity or similar financial instrument.�
The county agency or the department shall provide the issuer with the
name, address, and telephone number of a unit within the department the issuer
can contact to comply with this section.�
The requirements of section 72A.201, subdivision 4, clause (3), shall
not apply to payments made under this section until the issuer has received
final payment information from the department, if the issuer has notified the
beneficiary of the requirements of this section at the time it initially
requests payment information from the department.
Sec. 30.� Minnesota
Statutes 2004, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.� Prohibited transfers.� (a) For transfers of assets made on or before
August 10, 1993, if a person or the person's spouse has given away, sold, or
disposed of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security program, within 30 months before or any time after the date of
institutionalization if the person has been determined eligible for medical assistance,
or within 30 months before or any time after the date of the first approved
application for medical assistance if the person has not yet been determined
eligible for medical assistance, the person is ineligible for long-term care
services for the period of time determined under subdivision 2.
(b) Effective for transfers made after August 10, 1993, a
person, a person's spouse, or any person, court, or administrative body with
legal authority to act in place of, on behalf of, at the direction of, or upon
the request of the person or person's spouse, may not give away, sell, or
dispose of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental
security income program, for the purpose of establishing or maintaining medical
assistance eligibility.� This applies to
all transfers, including those made by a community spouse after the month in
which the institutionalized spouse is determined eligible for medical
assistance.� For purposes of determining
eligibility for long-term care services, any transfer of such assets within 36
months before or any time after an institutionalized person applies for medical
assistance, or 36 months before or any time after a medical assistance
recipient becomes institutionalized, for less than fair market value may be
considered.� Any such transfer is
presumed to have been made for the purpose of establishing or maintaining
medical assistance eligibility and the person is ineligible for long-term care
services for the period of time determined under subdivision 2, unless the
person furnishes convincing evidence to establish that the transaction was
exclusively for another purpose, or unless the transfer is permitted under
subdivision 3 or 4.� Notwithstanding
the provisions of this paragraph, In the case of payments from a trust or
portions of a trust that are considered transfers of assets under federal law, or
in the case of any other disposal of assets made on or after February 8, 2006, any
transfers made within 60 months before or any time after an institutionalized
person applies for medical assistance and within 60 months before or any time
after a medical assistance recipient becomes institutionalized, may be
considered.
(c) This section applies to transfers, for less than fair
market value, of income or assets, including assets that are considered income
in the month received, such as inheritances, court settlements, and retroactive
benefit payments or income to which the person or the person's spouse is
entitled but does not receive due to action by the person, the person's spouse,
or any person, court, or administrative body with legal authority to act in
place of, on behalf of, at the direction of, or upon the request of the person
or the person's spouse.
(d) This section applies to payments for care or personal
services provided by a relative, unless the compensation was stipulated in a
notarized, written agreement which was in existence when the service was
performed, the care or services directly benefited the person, and the payments
made represented reasonable compensation for the care or services
provided.� A notarized written agreement
is not required if payment for the services was made within 60 days after the
service was provided.
(e) This section applies to the portion of any asset or
interest that a person, a person's spouse, or any person, court, or
administrative body with legal authority to act in place of, on behalf of, at
the direction of, or upon the request of the person or the person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be
returned to the person or spouse while alive, based on estimated life
expectancy using the life expectancy tables employed by the supplemental
security income program to determine the value of an agreement for services for
life.� The commissioner may adopt rules
reducing life expectancies based on the need for long-term care.� This section applies to an annuity described
in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial
institution that is subject to licensing or regulation by the Minnesota
Department of Commerce or a similar regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly
installments; or
(3) does not begin payment at the earliest possible date
after annuitization.
(f)
Effective for transactions, including the purchase of an annuity, occurring on
or after February 8, 2006, the purchase of an annuity by or on behalf of an
individual who has applied for or is receiving long-term care services or the
individual's spouse shall be treated as the disposal of an asset for less than
fair market value unless:
(1) the department is named as the remainder beneficiary in
first position for an amount equal to at least the total amount of medical
assistance paid on behalf of the individual or the individual's spouse; or the
department is named as the remainder beneficiary in second position for an
amount equal to at least the total amount of medical assistance paid on behalf
of the individual or the individual's spouse after the individual's community
spouse or minor or disabled child and is named as the remainder beneficiary in
the first position if the community spouse or a representative of the minor or
disabled child disposes of the remainder for less than fair market value.� Any subsequent change to the designation of
the department as a remainder beneficiary shall result in the annuity being
treated as a disposal of assets for less than fair market value.� The amount of such transfer shall be the
maximum amount the individual or the individual's spouse could receive from the
annuity or similar financial instrument.�
Any change in the amount of the income or principal being withdrawn from
the annuity or other similar financial instrument at the time of the most
recent disclosure shall be deemed to be a transfer of assets for less than fair
market value unless the individual or the individual's spouse demonstrates that
the transaction was for fair market value; and
(2) the purchase of an annuity by or on behalf of an
individual applying for or receiving long-term care services shall be treated
as a disposal of assets for less than fair market value unless it is:
(i) an annuity described in subsection (b) or (q) of section
408 of the Internal Revenue Code of 1986; or
(ii) purchased with proceeds from:
(A) an account or trust described in subsection (a), (c), or
(p) of section 408 of the Internal Revenue Code;
(B) a simplified employee pension within the meaning of
section 408(k) of the Internal Revenue Code; or
(C) a Roth IRA described in section 408A of the Internal
Revenue Code; or
(iii) an annuity that is irrevocable and nonassignable; is
actuarially sound as determined in accordance with actuarial publications of
the Office of the Chief Actuary of the Social Security Administration; and
provides for payments in equal amounts during the term of the annuity, with no
deferral and no balloon payments made.
(f) (g) For purposes of this section,
long-term care services include services in a nursing facility, services that
are eligible for payment according to section 256B.0625, subdivision 2, because
they are provided in a swing bed, intermediate care facility for persons with
mental retardation, and home and community-based services provided pursuant to
sections 256B.0915, 256B.092, and 256B.49.�
For purposes of this subdivision and subdivisions 2, 3, and 4,
"institutionalized person" includes a person who is an inpatient in a
nursing facility or in a swing bed, or intermediate care facility for persons
with mental retardation or who is receiving home and community-based services
under sections 256B.0915, 256B.092, and 256B.49.
(h) This section applies to funds used to purchase a
promissory note, loan, or mortgage unless the note, loan, or mortgage:
(1) has a repayment term that is actuarially sound;
(2) provides for payments to be made in equal amounts during
the term of the loan, with no deferral and no balloon payments made; and
(3)
prohibits the cancellation of the balance upon the death of the lender.
In the case of a promissory note, loan, or mortgage that does
not meet an exception in clauses (1) to (3), the value of such note, loan, or
mortgage shall be the outstanding balance due as of the date of the
individual's application for long-term care services.
(i) This section applies to the purchase of a life estate
interest in another individual's home unless the purchaser resides in the home
for a period of at least one year after the date of purchase.
Sec. 31.� Minnesota
Statutes 2005 Supplement, section 256B.0595, subdivision 2, is amended to read:
Subd. 2.� Period of ineligibility.� (a) For any uncompensated transfer occurring
on or before August 10, 1993, the number of months of ineligibility for
long-term care services shall be the lesser of 30 months, or the uncompensated
transfer amount divided by the average medical assistance rate for nursing
facility services in the state in effect on the date of application.� The amount used to calculate the average
medical assistance payment rate shall be adjusted each July 1 to reflect
payment rates for the previous calendar year.�
The period of ineligibility begins with the month in which the assets
were transferred.� If the transfer was
not reported to the local agency at the time of application, and the applicant
received long-term care services during what would have been the period of
ineligibility if the transfer had been reported, a cause of action exists
against the transferee for the cost of long-term care services provided during
the period of ineligibility, or for the uncompensated amount of the transfer,
whichever is less.� The action may be
brought by the state or the local agency responsible for providing medical
assistance under chapter 256G.� The
uncompensated transfer amount is the fair market value of the asset at the time
it was given away, sold, or disposed of, less the amount of compensation
received.
(b) For uncompensated transfers made after August 10, 1993,
the number of months of ineligibility for long-term care services shall be the
total uncompensated value of the resources transferred divided by the average
medical assistance rate for nursing facility services in the state in effect on
the date of application.� The amount used
to calculate the average medical assistance payment rate shall be adjusted each
July 1 to reflect payment rates for the previous calendar year.� The period of ineligibility begins with the
first day of the month after the month in which the assets were transferred
except that if one or more uncompensated transfers are made during a period of
ineligibility, the total assets transferred during the ineligibility period
shall be combined and a penalty period calculated to begin on the first day of
the month after the month in which the first uncompensated transfer was
made.� If the transfer was reported to
the local agency after the date that advance notice of a period of
ineligibility that affects the next month could be provided to the recipient
and the recipient received medical assistance services or the transfer was not
reported to the local agency, and the applicant or recipient received medical
assistance services during what would have been the period of ineligibility if
the transfer had been reported, a cause of action exists against the transferee
for the cost of medical assistance services provided during the period of
ineligibility, or for the uncompensated amount of the transfer, whichever is
less.� The action may be brought by the
state or the local agency responsible for providing medical assistance under
chapter 256G.� The uncompensated transfer
amount is the fair market value of the asset at the time it was given away,
sold, or disposed of, less the amount of compensation received.� Effective for transfers made on or after
March 1, 1996, involving persons who apply for medical assistance on or after
April 13, 1996, no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the
transfer was being made by a person who was a resident of a long-term care
facility or was receiving that level of care in the community at the time of
the transfer;
(2) the transferee knew or should have known that the
transfer was being made to assist the person to qualify for or retain medical
assistance eligibility; or
(3) the transferee actively solicited the transfer with
intent to assist the person to qualify for or retain eligibility for medical
assistance.
(c)
For uncompensated transfers made on or after February 8, 2006, the period of
ineligibility begins on the first day of the month in which advance notice can
be given following the month in which assets have been transferred for less
than fair market value, or the date on which the individual is eligible for
medical assistance under the Medicaid state plan and would otherwise be
receiving long-term care services based on an approved application for such
care but for the application of the penalty period, whichever is later, and
which does not occur during any other period of ineligibility.
(d) If a calculation of a penalty period results in a
partial month, payments for long-term care services shall be reduced in an amount
equal to the fraction,. except that in calculating the value
of uncompensated transfers, if the total value of all uncompensated transfers
made in a month not included in an existing penalty period does not exceed
$200, then such transfers shall be disregarded for each month prior to the
month of application for or during receipt of medical assistance.
(e) In the case of multiple fractional transfers of assets in
more than one month for less than fair market value on or after February 8,
2006, the period of ineligibility is calculated by treating the total,
cumulative uncompensated value of all assets transferred during all months on
or after February 8, 2006, as one transfer.
EFFECTIVE
DATE.� Amendments to this
section are effective for applications on or after July 1, 2006, and for
renewals and reports of transfers on or after July 1, 2006.
Sec. 32.� Minnesota
Statutes 2004, section 256B.0595, subdivision 3, is amended to read:
Subd. 3.� Homestead exception to transfer
prohibition.� (a) An institutionalized
person is not ineligible for long-term care services due to a transfer of
assets for less than fair market value if the asset transferred was a homestead
and:
(1) title to the homestead was transferred to the
individual's:
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as
defined in the supplemental security income program;
(iv) sibling who has equity interest in the home and who was
residing in the home for a period of at least one year immediately before the
date of the individual's admission to the facility; or
(v) son or daughter who was residing in the individual's home
for a period of at least two years immediately before the date of the
individual's admission to the facility, and who provided care to the individual
that, as certified by the individual's attending physician, permitted the
individual to reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual
intended to dispose of the homestead at fair market value or for other valuable
consideration; or
(3) the local agency grants a waiver of a penalty resulting
from a transfer for less than fair market value because denial of eligibility
would cause undue hardship for the individual, based on imminent threat to the
individual's health and well-being.�
Whenever an applicant or recipient is denied eligibility because of a
transfer for less than fair market value, the local agency shall notify the
applicant or recipient that the applicant or recipient may request a waiver of
the penalty if the denial of eligibility will cause undue hardship.� With the written consent of the individual
or the personal representative of the individual, a long-term care facility in
which an individual is residing may
file an undue hardship waiver request, on behalf of the individual who is
denied eligibility for long-term care services on or after July 1, 2006, due to
a period of ineligibility resulting from a transfer on or after February 8,
2006.�
(b) When a waiver is granted under paragraph (a), clause (3),
a cause of action exists against the person to whom the homestead was
transferred for that portion of long-term care services granted within:
(1) 30 months of a transfer made on or before August 10,
1993;
(2) 60 months if the homestead was transferred after August
10, 1993, to a trust or portion of a trust that is considered a transfer of
assets under federal law; oder
(3) 36 months if transferred in any other manner after August
10, 1993, but prior to February 8, 2006; or
(4) 60 months if the homestead was transferred on or after
February 8, 2006,
or the
amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action.� The
action shall be brought by the state unless the state delegates this
responsibility to the local agency responsible for providing medical assistance
under chapter 256G.
Sec. 33.� Minnesota
Statutes 2004, section 256B.0595, subdivision 4, is amended to read:
Subd. 4.� Other exceptions to transfer prohibition.� An institutionalized person who has made, or
whose spouse has made a transfer prohibited by subdivision 1, is not ineligible
for long-term care services if one of the following conditions applies:
(1) the assets were transferred to the individual's spouse or
to another for the sole benefit of the spouse; or
(2) the institutionalized spouse, prior to being
institutionalized, transferred assets to a spouse, provided that the spouse to
whom the assets were transferred does not then transfer those assets to another
person for less than fair market value. (At the time when one spouse is
institutionalized, assets must be allocated between the spouses as provided
under section 256B.059); or
(3) the assets were transferred to the individual's child who
is blind or permanently and totally disabled as determined in the supplemental
security income program; or
(4) a satisfactory showing is made that the individual
intended to dispose of the assets either at fair market value or for other
valuable consideration; or
(5) the local agency determines that denial of eligibility
for long-term care services would work an undue hardship and grants a waiver of
a penalty resulting from a transfer for less than fair market value based on an
imminent threat to the individual's health and well-being.� Whenever an applicant or recipient is denied
eligibility because of a transfer for less than fair market value, the local
agency shall notify the applicant or recipient that the applicant or recipient
may request a waiver of the penalty if the denial of eligibility will cause
undue hardship.� With the written
consent of the individual or the personal representative of the individual, a
long-term care facility in which an individual is residing may file an undue
hardship waiver request, on behalf of the individual who is denied eligibility
for long-term care services on or after July 1, 2006, due to a period of
ineligibility resulting from a transfer
on or after February 8, 2006.�
(i) 30 months of a transfer made on or before August 10,
1993;
(ii) 60 months of a transfer if the assets were transferred
after August 30, 1993, to a trust or portion of a trust that is considered a
transfer of assets under federal law; oder
(iii) 36 months of a transfer if transferred in any other
manner after August 10, 1993, but prior to February 8, 2006; or
(iv) 60 months of any transfer made on or after February 8,
2006,
or the
amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action.� The
action shall be brought by the state unless the state delegates this
responsibility to the local agency responsible for providing medical assistance
under this chapter; or
(6) for transfers occurring after August 10, 1993, the assets
were transferred by the person or person's spouse: (i) into a trust established
for the sole benefit of a son or daughter of any age who is blind or disabled
as defined by the Supplemental Security Income program; or (ii) into a trust
established for the sole benefit of an individual who is under 65 years of age
who is disabled as defined by the Supplemental Security Income program.
"For the sole benefit of" has the meaning found in
section 256B.059, subdivision 1.
Sec. 34.� Minnesota
Statutes 2005 Supplement, section 256B.06, subdivision 4, is amended to read:
Subd. 4.� Citizenship requirements.� (a) Eligibility for medical assistance is
limited to citizens of the United States, qualified noncitizens as defined in
this subdivision, and other persons residing lawfully in the United
States.� Citizens or nationals of the
United States must cooperate in obtaining satisfactory documentary evidence of
citizenship or nationality as required by the federal Deficit Reduction Act of
2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets
one of the following immigration criteria:
(1) admitted for lawful permanent residence according to
United States Code, title 8;
(2) admitted to the United States as a refugee according to
United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8,
section 1158;
(4) granted withholding of deportation according to United
States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to
United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United
States Code, title 8, section 1153(a)(7);
(7)
determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law
104-200;
(8) is a child of a noncitizen determined to be a battered
noncitizen by the United States Attorney General according to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the
Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in
section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of
1980.
(c) All qualified noncitizens who were residing in the United
States before August 22, 1996, who otherwise meet the eligibility requirements
of this chapter, are eligible for medical assistance with federal financial
participation.
(d) All qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical assistance with federal
financial participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered
the United States on or after August 22, 1996, and who otherwise meet the
eligibility requirements of this chapter are eligible for medical assistance
with federal participation for five years if they meet one of the following
criteria:
(i) refugees admitted to the United States according to
United States Code, title 8, section 1157;
(ii) persons granted asylum according to United States Code,
title 8, section 1158;
(iii) persons granted withholding of deportation according to
United States Code, title 8, section 1253(h);
(iv) veterans of the United States armed forces with an
honorable discharge for a reason other than noncitizen status, their spouses
and unmarried minor dependent children; or
(v) persons on active duty in the United States armed forces,
other than for training, their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not
meet one of the criteria in items (i) to (v) are eligible for medical
assistance without federal financial participation as described in paragraph
(j).
(e) Noncitizens who are not qualified noncitizens as defined
in paragraph (b), who are lawfully residing in the United States and who
otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance under clauses (1) to (3).�
These individuals must cooperate with the Immigration and Naturalization
Service to pursue any applicable immigration status, including citizenship,
that would qualify them for medical assistance with federal financial
participation.
(1) Persons who were medical assistance recipients on August
22, 1996, are eligible for medical assistance with federal financial
participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause
(1) are eligible for medical assistance without federal financial participation
as described in paragraph (j).
(3)
Beginning December 1, 1996, persons residing in the United States prior to
August 22, 1996, who were not receiving medical assistance and persons who
arrived on or after August 22, 1996, are eligible for medical assistance
without federal financial participation as described in paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility
requirements of this chapter are eligible for the benefits as provided in
paragraphs (g) to (i).� For purposes of
this subdivision, a "nonimmigrant" is a person in one of the classes
listed in United States Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that are
furnished to noncitizens, regardless of immigration status, who otherwise meet
the eligibility requirements of this chapter, if such care and services are
necessary for the treatment of an emergency medical condition, except for organ
transplants and related care and services and routine prenatal care.
(h) For purposes of this subdivision, the term
"emergency medical condition" means a medical condition that meets
the requirements of United States Code, title 42, section 1396b(v).
(i) Pregnant noncitizens who are undocumented, nonimmigrants,
or eligible for medical assistance as described in paragraph (j), and who are
not covered by a group health plan or health insurance coverage according to
Code of Federal Regulations, title 42, section 457.310, and who otherwise meet
the eligibility requirements of this chapter, are eligible for medical assistance
through the period of pregnancy, including labor and delivery, to the extent
federal funds are available under title XXI of the Social Security Act, and the
state children's health insurance program, followed by 60 days postpartum
without federal financial participation.
(j) Qualified noncitizens as described in paragraph (d), and
all other noncitizens lawfully residing in the United States as described in
paragraph (e), who are ineligible for medical assistance with federal financial
participation and who otherwise meet the eligibility requirements of chapter
256B and of this paragraph, are eligible for medical assistance without federal
financial participation.� Qualified
noncitizens as described in paragraph (d) are only eligible for medical
assistance without federal financial participation for five years from their
date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving care
and rehabilitation services from a nonprofit center established to serve
victims of torture and are otherwise ineligible for medical assistance under
this chapter are eligible for medical assistance without federal financial
participation.� These individuals are
eligible only for the period during which they are receiving services from the center.� Individuals eligible under this paragraph
shall not be required to participate in prepaid medical assistance.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 35.� Minnesota
Statutes 2005 Supplement, section 256D.03, subdivision 3, is amended to read:
Subd. 3.� General assistance medical care;
eligibility.� (a) General assistance
medical care may be paid for any person who is not eligible for medical
assistance under chapter 256B, including eligibility for medical assistance
based on a spenddown of excess income according to section 256B.056,
subdivision 5, or MinnesotaCare as defined in paragraph (b), except as provided
in paragraph (c), and:
(1) who is receiving assistance under section 256D.05, except
for families with children who are eligible under Minnesota family investment
program (MFIP), or who is having a payment made on the person's behalf under
sections 256I.01 to 256I.06; or
(2) who is a resident of Minnesota; and
(i)
who has gross countable income not in excess of 75 percent of the federal
poverty guidelines for the family size, using a six-month budget period and
whose equity in assets is not in excess of $1,000 per assistance unit.� Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance
program in section 256B.056, subdivision 3, with the following exception: the
maximum amount of undistributed funds in a trust that could be distributed to
or on behalf of the beneficiary by the trustee, assuming the full exercise of
the trustee's discretion under the terms of the trust, must be applied toward
the asset maximum;
(ii) who has gross countable income above 75 percent of the
federal poverty guidelines but not in excess of 175 percent of the federal
poverty guidelines for the family size, using a six-month budget period, whose
equity in assets is not in excess of the limits in section 256B.056,
subdivision 3c, and who applies during an inpatient hospitalization; or
(iii) the commissioner shall adjust the income standards
under this section each July 1 by the annual update of the federal poverty
guidelines following publication by the United States Department of Health and
Human Services.
(b) Effective for applications and renewals processed on or
after September 1, 2006, general assistance medical care may not be paid for
applicants or recipients who are adults with dependent children under 21 whose
gross family income is equal to or less than 275 percent of the federal poverty
guidelines who are not described in paragraph (e).
(c) Effective for applications and renewals processed on or
after September 1, 2006, general assistance medical care may be paid for
applicants and recipients who meet all eligibility requirements of paragraph
(a), clause (2), item (i), for a temporary period beginning the date of
application.� Immediately following
approval of general assistance medical care, enrollees shall be enrolled in
MinnesotaCare under section 256L.04, subdivision 7, with covered services as
provided in section 256L.03 for the rest of the six-month eligibility period,
until their six-month renewal.
(d) To be eligible for general assistance medical care
following enrollment in MinnesotaCare as required by paragraph (c), an
individual must complete a new application.
(e) Applicants and recipients eligible under paragraph (a),
clause (1), oder; who have applied for and are awaiting a
determination of blindness or disability by the state medical review team or a
determination of eligibility for Supplemental Security Income or Social
Security Disability Insurance by the Social Security Administration, oder;
who fail to meet the requirements of section 256L.09, subdivision 2, are exempt
from the MinnesotaCare enrollment requirements of this subdivision.
(f) For applications received on or after October 1, 2003,
eligibility may begin no earlier than the date of application.� For individuals eligible under paragraph (a),
clause (2), item (i), a redetermination of eligibility must occur every 12
months.� Individuals are eligible under
paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.
(g) Beginning September 1, 2006, Minnesota health care
program applications and renewals completed by recipients and applicants who
are persons described in paragraph (c) and submitted to the county agency shall
be determined for MinnesotaCare eligibility by the county agency.� If all other eligibility requirements of this
subdivision are met, eligibility for general assistance medical care shall be
available in any month during which MinnesotaCare enrollment is pending.� Upon notification of eligibility for
MinnesotaCare, notice of termination for eligibility for general assistance
medical care shall be sent to an applicant or recipient.� If all other eligibility requirements of this
subdivision are met, eligibility for general assistance medical care shall be
available until enrollment in MinnesotaCare subject to the provisions of
paragraphs (c), (e), and (f).
(h)
The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has
provided a name, address, and Social Security number, signed and dated, to the
county agency or the Department of Human Services.� If the applicant is unable to provide a name,
address, Social Security number, and signature when health care is delivered
due to a medical condition or disability, a health care provider may act on an
applicant's behalf to establish the date of an initial Minnesota health care
program application by providing the county agency or Department of Human
Services with provider identification and a temporary unique identifier for the
applicant.� The applicant must complete
the remainder of the application and provide necessary verification before
eligibility can be determined.� The
county agency must assist the applicant in obtaining verification if necessary.
(i) County agencies are authorized to use all automated
databases containing information regarding recipients' or applicants' income in
order to determine eligibility for general assistance medical care or
MinnesotaCare.� Such use shall be
considered sufficient in order to determine eligibility and premium payments by
the county agency.
(j) General assistance medical care is not available for a
person in a correctional facility unless the person is detained by law for less
than one year in a county correctional or detention facility as a person
accused or convicted of a crime, or admitted as an inpatient to a hospital on a
criminal hold order, and the person is a recipient of general assistance
medical care at the time the person is detained by law or admitted on a
criminal hold order and as long as the person continues to meet other
eligibility requirements of this subdivision.
(k) General assistance medical care is not available for
applicants or recipients who do not cooperate with the county agency to meet
the requirements of medical assistance.
(l) In determining the amount of assets of an individual
eligible under paragraph (a), clause (2), item (i), there shall be included any
asset or interest in an asset, including an asset excluded under paragraph (a),
that was given away, sold, or disposed of for less than fair market value
within the 60 months preceding application for general assistance medical care
or during the period of eligibility.� Any
transfer described in this paragraph shall be presumed to have been for the purpose
of establishing eligibility for general assistance medical care, unless the
individual furnishes convincing evidence to establish that the transaction was
exclusively for another purpose.� For
purposes of this paragraph, the value of the asset or interest shall be the
fair market value at the time it was given away, sold, or disposed of, less the
amount of compensation received.� For any
uncompensated transfer, the number of months of ineligibility, including
partial months, shall be calculated by dividing the uncompensated transfer
amount by the average monthly per person payment made by the medical assistance
program to skilled nursing facilities for the previous calendar year.� The individual shall remain ineligible until
this fixed period has expired.� The
period of ineligibility may exceed 30 months, and a reapplication for benefits
after 30 months from the date of the transfer shall not result in eligibility
unless and until the period of ineligibility has expired.� The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was
not reported, the month in which the county agency discovered the transfer,
whichever comes first.� For applicants,
the period of ineligibility begins on the date of the first approved
application.
(m) When determining eligibility for any state benefits under
this subdivision, the income and resources of all noncitizens shall be deemed
to include their sponsor's income and resources as defined in the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, title IV,
Public Law 104-193, sections 421 and 422, and subsequently set out in federal
rules.
(n) Undocumented noncitizens and nonimmigrants are ineligible
for general assistance medical care.� For
purposes of this subdivision, a nonimmigrant is an individual in one or more of
the classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States
without the approval or acquiescence of the Immigration and Naturalization
Service.
(o)
Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is
ineligible for general assistance medical care.
(p) Effective July 1, 2003, general assistance medical care
emergency services end.
(q) Citizens or nationals of the United States must cooperate
in obtaining satisfactory documentary evidence of citizenship or nationality as
required by the federal Deficit Reduction Act of 2005, Public Law 109-171.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 36.� Minnesota
Statutes 2004, section 256L.04, subdivision 10, is amended to read:
Subd. 10.� Citizenship requirements.� Eligibility for MinnesotaCare is limited to
citizens or nationals of the United States, qualified noncitizens, and
other persons residing lawfully in the United States as described in section
256B.06, subdivision 4, paragraphs (a) to (e) and (j).� Undocumented noncitizens and nonimmigrants
are ineligible for MinnesotaCare.� For
purposes of this subdivision, a nonimmigrant is an individual in one or more of
the classes listed in United States Code, title 8, section 1101(a)(15), and an
undocumented noncitizen is an individual who resides in the United States
without the approval or acquiescence of the Immigration and Naturalization
Service.� Citizens or nationals of the
United States must cooperate in obtaining satisfactory documentary evidence of
citizenship or nationality as required by the federal Deficit Reduction Act of
2005, Public Law 109-171.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 37.� DESIGNATION OF ASSETS AS CONTINGENTLY
EXEMPT UNDER LONG-TERM CARE PARTNERSHIP PROGRAM.�
The commissioner of human services shall develop and present
to the legislature by December 15, 2006, a plan and draft legislation to allow
individuals participating in the long-term care partnership program established
under Minnesota Statutes, section 256B.0571, to designate, at the time of
initial application for medical assistance, assets as contingently exempt.� The full fair market value of assets
designated as contingently exempt must not exceed a percentage, specified by
the commissioner, of the full fair market value of assets designated as
protected under Minnesota Statutes, section 256B.0571, subdivision 9.� The commissioner may specify different
percentages for different categories of protected assets.� Assets designated as contingently exempt
shall be disregarded for purposes of determining eligibility for payment of
long-term care services.� If the dollar
amount of benefits utilized under a partnership policy is greater than the full
fair market value of all assets protected due to a decrease in the value of the
protected assets, the plan and draft legislation must allow the individual or
the personal representative to designate assets that are contingently exempt as
protected, up to the amount of the decrease in value of the protected
assets.� The plan and draft legislation
must provide that any contingently exempt asset that is not designated as
protected be subject to recovery.
Sec. 38.� REPEALER.�
Minnesota Statutes 2005 Supplement, section 256B.0571,
subdivisions 2, 5, and 11, are repealed.
ARTICLE 4
DEPARTMENT OF HEALTH
Section 1.� Minnesota
Statutes 2004, section 13.3806, is amended by adding a subdivision to read:
Subd.
21.
Sec. 2.� [144.2251] COPY OF BIRTH RECORD IN EVENT
OF A CHILD'S DEATH.�
Subdivision 1.�
Definition.� For the purposes of this section,
"clean copy" means a certified copy of a deceased child's birth
record without the word DECEASED, the date of death, or other similar reference
appearing on the document.
Subd. 2.� Duties of state registrar.� (a) Notwithstanding Minnesota Rules, part
4601.2525, subpart 3, the state registrar shall provide one clean copy of a
birth record, if requested, provided:
(1) no other clean copy of the record has been issued;
(2) the person requesting the clean copy of a birth record is
listed as the child's mother or father on the birth record;
(3) the request is made no later than six years from the date
of the child's birth; and
(4) the child was born on or after January 1, 2002.
(b) The state registrar shall prescribe the form of and
information to be included in the request and implement a process for meeting
the requirements of this section.� The
process developed and implemented under this section shall require that only
the state registrar, and not a local registrar, may issue a clean copy.
Subd. 3.� Information to parents.� The state and local registrars shall
inform parents who request a certified copy of their deceased child's birth
record that they may be eligible to receive a clean copy of the record.� The state or a local registrar shall provide
parents who would like to request a clean copy with information on how to
obtain one from the state registrar and any additional information or forms
required under subdivision 2, paragraph (b).
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 3.� [144.3431] ABORTION NOTIFICATION DATA.�
Subdivision 1.�
Reporting form.� (a) Within 90 days of the effective date
of this section, the commissioner of health shall prepare a reporting form for
use by physicians and facilities performing abortions under the circumstances
specified in paragraph (b).
(b) The form shall require the following information:
(1) the number of minors or women for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of
incompetency for whom the physician or an agent of the physician provided the
notice described in section 144.343, subdivision 2; of that number, the number
of notices provided personally as described in section 144.343, subdivision 2,
paragraph (a), and the number of notices provided by mail as described in
section 144.343, subdivision 2, paragraph (b); and of each of those numbers,
the number who, to the best of the reporting physician's or reporting
facility's information and belief, went on to obtain the abortion from the
reporting physician or reporting physician's facility, or from the reporting
facility;
(2) the number of minors or women for whom a guardian has been
appointed under sections 524.5-301 to 524.5-317 because of a finding of
incompetency upon whom the physician performed an abortion without providing
the notice described in section 144.343, subdivision 2; and of that number, the
number who were emancipated minors, and the number for whom section 144.343,
subdivision 4, was applicable, itemized by each of the limitations identified
in paragraphs (a), (b), and (c) of that subdivision;
(3)
the number of abortions performed by the physician for which judicial
authorization was received and for which the notification described in section
144.343, subdivision 2, was not provided;
(4) the county the female resides in; the county where the
abortion was performed, if different from the female's residence; and, if a
judicial bypass was obtained, the judicial district it was obtained in;
(5) the age of the female;
(6) the race of the female;
(7) the process the physician or the physician's agent used
to inform the minor female, or a woman for whom a guardian has been appointed
under sections 524.5-301 to 524.5-317 because of a finding of incompetency, of
the judicial bypass; whether court forms were provided to her; and whether the
physician or the physician's agent made the court arrangement for the minor
female, or a woman for whom a guardian has been appointed under sections
524.5-301 to 524.5-317 because of a finding of incompetency; and
(8) how soon after visiting the abortion facility the minor
female, or a woman for whom a guardian has been appointed under section 524.5-301
to 524.5-317 because of a finding of incompetency, went to court to obtain a
judicial bypass.
Subd. 2.� Forms to physicians and facilities.� Physicians and facilities required to
report under subdivision 3 shall obtain reporting forms from the commissioner.
Subd. 3.� Submission.� (a) The following physicians or facilities
must submit the forms to the commissioner no later than April 1 for abortions
performed on minors or women for whom a guardian has been appointed in the
previous calendar year:
(1) a physician who provides, or whose agent provides, the
notice described in section 144.343, subdivision 2, or the facility at which
the notice is provided; and
(2) a physician who knowingly performs an abortion upon a
minor, or a woman for whom a guardian has been appointed under sections
524.5-301 to 524.5-317 because of a finding of incompetency, or a facility at
which such an abortion is performed.
(b) The commissioner shall maintain as confidential data
which alone or in combination may constitute information that would reasonably
lead, using epidemiologic principles, to the identification of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
paragraph (a).
Subd. 4.� Failure to report as required.� (a) Reports that are not submitted more
than 30 days following the due date shall be subject to a late fee of $500 for
each additional 30-day period or portion of a 30-day period overdue.� If a physician or facility required to report
under this section has not submitted a report, or has submitted only an
incomplete report, more than one year following the due date, the commissioner
of health shall bring an action in a court of competent jurisdiction for an
order directing the physician or facility to submit a complete report within a
period stated by court order or be subject to sanctions.� If the commissioner brings such an action for
an order directing a physician or facility to submit a complete report, the
court may assess reasonable attorney fees and costs against the noncomplying
party.
(b)
Notwithstanding section 13.39, data related to actions taken by the commissioner
to enforce any provision of this section is private data if the data, alone or
in combination, may constitute information that would reasonably lead, using
epidemiologic principles, to the identification of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility required to report under
subdivision 3.
Subd. 5.� Public records.� (a) By September 30 of each year, the
commissioner of health shall issue a public report providing statistics for
each item listed in subdivision 1 for the previous calendar year compiled from
reports submitted according to this section.�
The report shall also include statistics, which shall be obtained from
court administrators, that include:
(1) the total number of petitions or motions filed under
section 144.343, subdivision 6, paragraph (c), clause (i);
(2) the number of cases in which the court appointed a
guardian ad litem;
(3) the number of cases in which the court appointed counsel;
(4) the number of cases in which the judge issued an order
authorizing an abortion without notification, including:
(i) the number of petitions or motions granted by the court
because of a finding of maturity and the basis for that finding; and
(ii) the number of petitions or motions granted because of a
finding that the abortion would be in the best interest of the minor and the
basis for that finding;
(5) the number of denials from which an appeal was filed;
(6) the number of appeals that resulted in a denial being
affirmed; and
(7) the number of appeals that resulted in reversal of a
denial.
(b) The report shall provide the statistics for all previous
calendar years for which a public report was required to be issued, adjusted to
reflect any additional information from late or corrected reports.
(c) The commissioner shall ensure that all statistical
information included in the public reports are presented so that the data
cannot reasonably lead, using epidemiologic principles, to the identification
of:
(1) an individual who has had an abortion, who has received
judicial authorization for an abortion, or to whom the notice described in
section 144.343, subdivision 2, has been provided; or
(2) a physician or facility who has submitted a form to the
commissioner under subdivision 3.
Subd. 6.� Modification of requirements.� The commissioner of health may, by
administrative rule, alter the dates established in subdivisions 3 and 5,
consolidate the forms created according to subdivision 1 with the reporting
form created according to section 145.4131, or consolidate reports to achieve
administrative convenience or fiscal savings, to allow physicians and
facilities to submit all information collected by the commissioner regarding
abortions at one time, or to reduce the burden of the data collection, so long
as the report described in subdivision 5 is issued at least once a year.
Subd.
7.
Subd. 8.� Attorney fees.� If judgment is rendered in favor of the
plaintiff in any action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff against the
defendant.� If the judgment is rendered
in favor of the defendant and the court finds that plaintiff's suit was
frivolous and brought in bad faith, the court shall render judgment for a
reasonable attorney fee in favor of the defendant against the plaintiff.
Subd. 9.� Severability.� If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the
application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the balance
of this section shall remain effective notwithstanding such
unconstitutionality.� The legislature
intends that it would have passed this section, and each provision, section,
subdivision, sentence, clause, phrase, or word thereof irrespective of the fact
that any one provision, section, subdivision, sentence, clause, phrase, or word
be declared unconstitutional.
Subd. 10.� Supreme Court jurisdiction.� The Minnesota Supreme Court has
original jurisdiction over an action challenging the constitutionality of this
section and shall expedite the resolution of the action.
Sec. 4.� [144.388] LIMITATION.�
Cross-connection control devices shall be limited in use
according to the respective standard, unless otherwise permitted under sections
144.381 to 144.387.� The use of a hose
connection backflow preventer and a hose connection vacuum breaker in a
continuous pressure situation shall be limited to campgrounds that are not
connected to a municipal water system.
Sec. 5.� [144A.441] ASSISTED LIVING BILL OF
RIGHTS ADDENDUM.�
Assisted living clients, as defined in section 144G.01,
subdivision 3, shall be provided with the home care bill of rights required by
section 144A.44, except that the home care bill of rights provided to these
clients must include the following provision in place of the provision in
section 144A.44, subdivision 1, clause (16):
"(16) the right to reasonable, advance notice of changes
in services or charges, including at least 30 days' advance notice of the
termination of a service by a provider, except in cases where:
(i) the recipient of services engages in conduct that alters
the conditions of employment as specified in the employment contract between
the home care provider and the individual providing home care services, or
creates an abusive or unsafe work environment for the individual providing home
care services;
(ii) an emergency for the informal caregiver or a significant
change in the recipient's condition has resulted in service needs that exceed
the current service provider agreement and that cannot be safely met by the
home care provider; or
(iii) the provider has not received payment for services, for
which at least ten days' advance notice of the termination of a service shall
be provided."
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec.
6.� [144A.442]
TERMINATION OF HOME CARE SERVICES FOR ASSISTED LIVING CLIENTS.�
If an arranged home care provider, as defined in section
144D.01, subdivision 2a, who is not also Medicare certified terminates a
service agreement or service plan with an assisted living client, as defined in
section 144G.01, subdivision 3, the home care provider shall provide the
assisted living client and the legal or designated representatives of the
client, if any, with a written notice of termination which includes the
following information:
(1) the effective date of termination;
(2) the reason for termination;
(3) without extending the termination notice period, an
affirmative offer to meet with the assisted living client or client
representatives within no more than five business days of the date of the
termination notice to discuss the termination;
(4) contact information for a reasonable number of other home
care providers in the geographic area of the assisted living client, as
required by Minnesota Rules, part 4668.0050;
(5) a statement that the provider will participate in a
coordinated transfer of the care of the client to another provider or
caregiver, as required by section 144A.44, subdivision 1, clause (17);
(6) the name and contact information of a representative of
the home care provider with whom the client may discuss the notice of
termination;
(7) a copy of the home care bill of rights; and
(8) a statement that the notice of termination of home care
services by the home care provider does not constitute notice of termination of
the housing with services contract with a housing with services establishment.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 7.� Minnesota
Statutes 2004, section 144A.4605, is amended to read:
144A.4605 ASSISTED LIVING
HOME CARE CLASS F PROVIDER.�
Subdivision 1.� Definitions.� For purposes of this section, the term "assisted
living class F home care provider" means a home care provider
who provides nursing services, delegated nursing services, other services
performed by unlicensed personnel, or central storage of medications solely for
residents of one or more housing with services establishments registered under
chapter 144D.
Subd. 2.� Assisted living Class F home
care license established.� A home
care provider license category entitled assisted living class F
home care provider is hereby established.�
A home care provider may obtain an assisted living a class F
license if the program meets the following requirements:
(a) nursing services, delegated nursing services, other
services performed by unlicensed personnel, or central storage of medications
under the assisted living class F license are provided solely for
residents of one or more housing with services establishments registered under
chapter 144D;
(b) unlicensed personnel perform home health aide and home
care aide tasks identified in Minnesota Rules, parts 4668.0100, subparts 1 and
2, and 4668.0110, subpart 1.�
Qualifications to perform these tasks shall be established in accordance
with subdivision 3;
(c)
periodic supervision of unlicensed personnel is provided as required by rule;
(d) notwithstanding Minnesota Rules, part 4668.0160, subpart
6, item D, client records shall include:
(1) daily records or a weekly summary of home care services
provided;
(2) documentation each time medications are administered to a
client; and
(3) documentation on the day of occurrence of any significant
change in the client's status or any significant incident, such as a fall or
refusal to take medications.
All entries must be signed by the staff providing the
services and entered into the record no later than two weeks after the end of
the service day, except as specified in clauses (2) and (3);
(e) medication and treatment orders, if any, are included in
the client record and are renewed at least every 12 months, or more frequently
when indicated by a clinical assessment;
(f) the central storage of medications in a housing with
services establishment registered under chapter 144D is managed under a system
that is established by a registered nurse and addresses the control of
medications, handling of medications, medication containers, medication
records, and disposition of medications; and
(g) in other respects meets the requirements established by
rules adopted under sections 144A.45 to 144A.47.
Subd. 3.� Training or competency evaluations
required.� (a) Unlicensed personnel
must:
(1) satisfy the training or competency requirements
established by rule under sections 144A.45 to 144A.47; or
(2) be trained or determined competent by a registered nurse
in each task identified under Minnesota Rules, part 4668.0100, subparts 1 and
2, when offered to clients in a housing with services establishment as
described in paragraphs (b) to (e).
(b) Training for tasks identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, shall use a curriculum which meets the
requirements in Minnesota Rules, part 4668.0130.
(c) Competency evaluations for tasks identified under
Minnesota Rules, part 4668.0100, subparts 1 and 2, must be completed and
documented by a registered nurse.
(d) Unlicensed personnel performing tasks identified under
Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be trained or
demonstrate competency in the following topics:
(1) an overview of sections 144A.43 to 144A.47 and rules
adopted thereunder;
(2) recognition and handling of emergencies and use of
emergency services;
(3) reporting the maltreatment of vulnerable minors or adults
under sections 626.556 and 626.557;
(4) home care bill of rights;
(5) handling of clients' complaints and reporting of
complaints to the Office of Health Facility Complaints;
(6) services of the ombudsman for older Minnesotans;
(7)
observation, reporting, and documentation of client status and of the care or
services provided;
(8) basic infection control;
(9) maintenance of a clean, safe, and healthy environment;
(10) communication skills;
(11) basic elements of body functioning and changes in body
function that must be reported to an appropriate health care professional; and
(12) physical, emotional, and developmental needs of clients,
and ways to work with clients who have problems in these areas, including
respect for the client, the client's property, and the client's family.
(e) Unlicensed personnel who administer medications must
comply with rules relating to the administration of medications in Minnesota
Rules, part 4668.0100, subpart 2, except that unlicensed personnel need not
comply with the requirements of Minnesota Rules, part 4668.0100, subpart 5.
Subd. 4.� License required.� (a) A housing with services establishment registered
under chapter 144D that is required to obtain a home care license must obtain an
assisted living a class F home care license according to this
section or a class A or class E B license according to rule.� A housing with services establishment that
obtains a class E B license under this subdivision remains
subject to the payment limitations in sections 256B.0913, subdivision 5f,
paragraph (b), and 256B.0915, subdivision 3d.
(b) A board and lodging establishment registered for special
services as of December 31, 1996, and also registered as a housing with
services establishment under chapter 144D, must deliver home care services
according to sections 144A.43 to 144A.47, and may apply for a waiver from
requirements under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a
licensed agency under the standards of section 157.17.� Such waivers as may be granted by the
department will expire upon promulgation of home care rules implementing
section 144A.4605.
(c) An adult foster care provider licensed by the Department
of Human Services and registered under chapter 144D may continue to provide
health-related services under its foster care license until the promulgation of
home care rules implementing this section.
(d) An assisted living (c) A class F home care
provider licensed under this section must comply with the disclosure provisions
of section 325F.72 to the extent they are applicable.
Subd. 5.� License fees.� The license fees for assisted living
class F home care providers shall be as follows:
(1) $125 annually for those providers serving a monthly
average of 15 or fewer clients, and for assisted living class F
providers of all sizes during the first year of operation;
(2) $200 annually for those providers serving a monthly
average of 16 to 30 clients;
(3) $375 annually for those providers serving a monthly
average of 31 to 50 clients; and
(4) $625 annually for those providers serving a monthly
average of 51 or more clients.
Subd. 6.� Waiver.�
Upon request of the home care provider, the commissioner may waive the
provisions of this section relating to registered nurse duties.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec.
8.� Minnesota Statutes 2004, section
144D.01, is amended by adding a subdivision to read:
Subd. 2a.� Arranged home care provider.� "Arranged home care provider"
means a home care provider licensed under Minnesota Rules, chapter 4668, that
provides services to some or all of the residents of a housing with services
establishment and that is either the establishment itself or another entity
with which the establishment has an arrangement.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 9.� Minnesota
Statutes 2004, section 144D.015, is amended to read:
144D.015 ASSISTED LIVING
FACILITY OR ASSISTED LIVING RESIDENCE DEFINITION FOR PURPOSES OF
LONG-TERM CARE INSURANCE.�
For purposes of consistency with terminology commonly used in
long-term care insurance policies and notwithstanding chapter 144G, a
housing with services establishment that is registered under section 144D.03
and that holds, or contracts makes arrangements with an
individual or entity that holds, a any type of home care license
and all other licenses, permits, registrations, or other governmental approvals
legally required for delivery of the services the establishment offers or
provides to its residents, constitutes an "assisted living facility"
or "assisted living residence."
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 10.� Minnesota
Statutes 2004, section 144D.02, is amended to read:
144D.02 REGISTRATION
REQUIRED.�
No entity may establish, operate, conduct, or maintain an
elderly a housing with services establishment in this state without
registering and operating as required in sections 144D.01 to 144D.06.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 11.� Minnesota
Statutes 2004, section 144D.03, is amended by adding a subdivision to read:
Subd. 1a.� Surcharge for injunctive relief actions.� The commissioner shall assess each housing
with services establishment that offers or provides assisted living under
chapter 144G a surcharge on the annual registration fee paid under subdivision
1, to pay for the commissioner's costs related to bringing actions for
injunctive relief under section 144G.02, subdivision 2, paragraph (b), on or
after July 1, 2007.� The commissioner
shall assess surcharges using a sliding scale under which the surcharge amount
increases with the client capacity of an establishment.� The commissioner shall adjust the surcharge
as necessary to recover the projected costs of bringing actions for injunctive
relief.� The commissioner shall adjust
the surcharge in accordance with section 16A.1285.
EFFECTIVE
DATE.� This section is
effective for annual registrations submitted on or after July 1, 2007.
Sec. 12.� Minnesota
Statutes 2004, section 144D.03, subdivision 2, is amended to read:
Subd. 2.� Registration information.� The establishment shall provide the following
information to the commissioner in order to be registered:
(1) the business name, street address, and mailing address of
the establishment;
(2)
the name and mailing address of the owner or owners of the establishment and,
if the owner or owners are not natural persons, identification of the type of
business entity of the owner or owners, and the names and addresses of the
officers and members of the governing body, or comparable persons for
partnerships, limited liability corporations, or other types of business
organizations of the owner or owners;
(3) the name and mailing address of the managing agent,
whether through management agreement or lease agreement, of the establishment,
if different from the owner or owners, and the name of the on-site manager, if
any;
(4) verification that the establishment has entered into an
elderly a housing with services contract, as required in section
144D.04, with each resident or resident's representative;
(5) verification that the establishment is complying with the
requirements of section 325F.72, if applicable;
(6) the name and address of at least one natural person who
shall be responsible for dealing with the commissioner on all matters provided
for in sections 144D.01 to 144D.06, and on whom personal service of all notices
and orders shall be made, and who shall be authorized to accept service on
behalf of the owner or owners and the managing agent, if any; and
(7) the signature of the authorized representative of the
owner or owners or, if the owner or owners are not natural persons, signatures
of at least two authorized representatives of each owner, one of which shall be
an officer of the owner.
Personal service on the person identified under clause (6) by
the owner or owners in the registration shall be considered service on the
owner or owners, and it shall not be a defense to any action that personal
service was not made on each individual or entity.� The designation of one or more individuals
under this subdivision shall not affect the legal responsibility of the owner
or owners under sections 144D.01 to 144D.06.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 13.� Minnesota
Statutes 2004, section 144D.04, is amended to read:
144D.04 ELDERLY
HOUSING WITH SERVICES CONTRACTS.�
Subdivision 1.� Contract required.� No elderly housing with services
establishment may operate in this state unless a written elderly housing
with services contract, as defined in subdivision 2, is executed between the
establishment and each resident or resident's representative and unless the
establishment operates in accordance with the terms of the contract.� The resident or the resident's representative
shall be given a complete copy of the contract and all supporting documents and
attachments and any changes whenever changes are made.
Subd. 2.� Contents of contract.� An elderly A housing with
services contract, which need not be entitled as such to comply with this
section, shall include at least the following elements in itself or through
supporting documents or attachments:
(1) the name, street address, and mailing address of
the establishment;
(2) the name and mailing address of the owner or owners of
the establishment and, if the owner or owners is not a natural person,
identification of the type of business entity of the owner or owners;
(3) the name and mailing address of the managing agent,
through management agreement or lease agreement, of the establishment, if
different from the owner or owners;
(4)
the name and address of at least one natural person who is authorized to accept
service of process on behalf of the owner or owners and managing agent;
(5) a statement describing the registration and
licensure status of the establishment and any provider providing health-related
or supportive services under an arrangement with the establishment;
(6) the term of the contract;
(7) a description of the services to be provided to the
resident in the base rate to be paid by resident;
(8) a description of any additional services,
including home care services, available for an additional fee from the
establishment directly or through arrangements with the establishment, and a
schedule of fees charged for these services;
(9) fee schedules outlining the cost of any additional
services;
(10) (9) (a) description of the process through
which the contract may be modified, amended, or terminated;
(11) (10) a description of the establishment's
complaint resolution process available to residents including the toll-free
complaint line for the Office of Ombudsman for Older Minnesotans;
(12) (11) the resident's designated
representative, if any;
(13) (12) the establishment's referral
procedures if the contract is terminated;
(14) criteria (13) requirements of residency used by the
establishment to determine who may reside or continue to reside in the elderly
housing with services establishment;
(15) (14) billing and payment procedures and
requirements;
(16) (15) a statement regarding the
ability of residents to receive services from service providers with whom the
establishment does not have an arrangement; and
(17) (16) a statement regarding the
availability of public funds for payment for residence or services in the
establishment; and
(17) a statement regarding the availability of and contact
information for long-term care consultation services under section 256B.0911 in
the county in which the establishment is located.
Subd. 3.� Contracts in permanent files.� Elderly Housing with services
contracts and related documents executed by each resident or resident's
representative shall be maintained by the establishment in files from the date
of execution until three years after the contract is terminated.� The contracts and the written disclosures
required under section 325F.72, if applicable, shall be made available for
on-site inspection by the commissioner upon request at any time.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 14.� [144D.045] INFORMATION CONCERNING
ARRANGED HOME CARE PROVIDERS.�
If a housing with services establishment has one or more
arranged home care providers, the establishment shall arrange to have that
arranged home care provider deliver the following information in writing to a
prospective resident, prior to the date on which the prospective resident
executes a contract with the establishment or the prospective resident's
move-in date, whichever is earlier:
(1)
the name, mailing address, and telephone number of the arranged home care
provider;
(2) the name and mailing address of at least one natural
person who is authorized to accept service of process on behalf of the entity
described in clause (1);
(3) a description of the process through which a home care
service agreement or service plan between a resident and the arranged home care
provider, if any, may be modified, amended, or terminated;
(4) the arranged home care provider's billing and payment
procedures and requirements; and
(5) any limits to the services available from the arranged
provider.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 15.� Minnesota
Statutes 2004, section 144D.05, is amended to read:
144D.05 AUTHORITY OF
COMMISSIONER.�
The commissioner shall, upon receipt of information which may
indicate the failure of the elderly housing with services establishment,
a resident, a resident's representative, or a service provider to comply with a
legal requirement to which one or more of them may be subject, make appropriate
referrals to other governmental agencies and entities having jurisdiction over
the subject matter.� The commissioner may
also make referrals to any public or private agency the commissioner considers
available for appropriate assistance to those involved.
The commissioner shall have standing to bring an action for
injunctive relief in the district court in the district in which an
establishment is located to compel the elderly housing with services
establishment to meet the requirements of this chapter or other requirements of
the state or of any county or local governmental unit to which the
establishment is otherwise subject.�
Proceedings for securing an injunction may be brought by the
commissioner through the attorney general or through the appropriate county
attorney.� The sanctions in this section
do not restrict the availability of other sanctions.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 16.� Minnesota
Statutes 2004, section 144D.065, is amended to read:
144D.065 ESTABLISHMENTS THAT
SERVE PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DISORDERS.�
(a) If a housing with services establishment registered under
this chapter markets or otherwise promotes services for persons with
Alzheimer's disease or related disorders, whether in a segregated or general
unit, the facility's establishment's direct care staff and their
supervisors must be trained in dementia care.
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related
disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c)
The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the
frequency of training, and the basic topics covered.� This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 17.� [144G.01] DEFINITIONS.�
Subdivision 1.�
Scope; other definitions.� For purposes of sections 144G.01 to
144G.05, the following definitions apply.�
In addition, the definitions provided in section 144D.01 also apply to
sections 144G.01 to 144G.05.
Subd. 2.� Assisted living.� "Assisted living" means a
service or package of services advertised, marketed, or otherwise described,
offered, or promoted using the phrase "assisted living" either alone
or in combination with other words, whether orally or in writing, and which is
subject to the requirements of this chapter.
Subd. 3.� Assisted living client.� "Assisted living client" or
"client" means a housing with services resident who receives assisted
living that is subject to the requirements of this chapter.
Subd. 4.� Commissioner.� "Commissioner" means the
commissioner of health.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 18.� [144G.02] ASSISTED LIVING; PROTECTED
TITLE; RESTRICTION ON USE; REGULATORY FUNCTIONS.�
Subdivision 1.�
Protected title; restriction
on use.� No person or entity
may use the phrase "assisted living," whether alone or in combination
with other words and whether orally or in writing, to advertise, market, or
otherwise describe, offer, or promote itself, or any housing, service, service
package, or program that it provides within this state, unless the person or
entity is a housing with services establishment that meets the requirements of
this chapter, or is a person or entity that provides some or all components of
assisted living that meet the requirements of this chapter.� A person or entity entitled to use the phrase
"assisted living" shall use the phrase only in the context of its
participation in assisted living that meets the requirements of this
chapter.� A housing with services
establishment offering or providing assisted living that is not made available
to residents in all of its housing units shall identify the number or location
of the units in which assisted living is available, and may not use the term
"assisted living" in the name of the establishment registered with
the commissioner under chapter 144D, or in the name the establishment uses to
identify itself to residents or the public.
Subd. 2.� Authority of commissioner.� (a) The commissioner, upon receipt of
information that may indicate the failure of a housing with services
establishment, the arranged home care provider, an assisted living client, or
an assisted living client's representative to comply with a legal requirement
to which one or more of the entities may be subject, shall make appropriate
referrals to other governmental agencies and entities having jurisdiction over
the subject matter.� The commissioner may
also make referrals to any public or private agency the commissioner considers
available for appropriate assistance to those involved.
(b) In addition to the authority with respect to licensed
home care providers under sections 144A.45 and 144A.46 and with respect to
housing with services establishments under chapter 144D, the commissioner shall
have standing to bring an action for injunctive relief in the district court in
the district in which a housing with services establishment is located to
compel the housing with services establishment or the arranged home care
provider to meet
the requirements of this chapter or other requirements of the state or of any
county or local governmental unit to which the establishment or arranged home
care provider is otherwise subject.�
Proceedings for securing an injunction may be brought by the
commissioner through the attorney general or through the appropriate county
attorney.� The sanctions in this section
do not restrict the availability of other sanctions.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 19.� [144G.03] ASSISTED LIVING REQUIREMENTS.�
Subdivision 1.�
Verification in annual
registration.� A registered
housing with services establishment using the phrase "assisted living,"
pursuant to section 144G.02, subdivision 1, shall verify to the commissioner in
its annual registration pursuant to chapter 144D that the establishment is
complying with sections 144G.01 to 144G.05, as applicable.
Subd. 2.� Minimum requirements for assisted
living.� (a) Assisted living
shall be provided or made available only to individuals residing in a
registered housing with services establishment.�
Except as expressly stated in this chapter, a person or entity offering
assisted living may define the available services and may offer assisted living
to all or some of the residents of a housing with services establishment.� The services that comprise assisted living
may be provided or made available directly by a housing with services
establishment or by persons or entities with which the housing with services
establishment has made arrangements.
(b) A person or entity entitled to use the phrase
"assisted living," according to section 144G.02, subdivision 1, shall
do so only with respect to a housing with services establishment, or a service,
service package, or program available within a housing with services
establishment that, at a minimum:
(1) provides or makes available health related services under
a class A or class F home care license.�
At a minimum, health related services must include:
(i) assistance with self-administration of medication as
defined in Minnesota Rules, part 4668.0003, subpart 2a, or medication
administration as defined in Minnesota Rules, part 4668.0003, subpart 21a; and
(ii) assistance with at least three of the following seven
activities of daily living: bathing, dressing, grooming, eating, transferring,
continence care, and toileting.
All health
related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144A and Minnesota Rules, chapter
4668, and with sections 148.171 to 148.285;
(2) provides necessary assessments of the physical and
cognitive needs of assisted living clients by a registered nurse, as required
by applicable home care licensure requirements in chapter 144A and Minnesota
Rules, chapter 4668, and by sections 148.171 to 148.285;
(3) has and maintains a system for delegation of health care
activities to unlicensed assistive health care personnel by a registered nurse,
including supervision and evaluation of the delegated activities as required by
applicable home care licensure requirements in chapter 144A and Minnesota
Rules, chapter 4668, and by sections 148.171 to 148.285;
(4) provides staff access to an on-call registered nurse 24
hours per day, seven days per week;
(5) has and maintains a system to check on each assisted
living client at least daily;
(6)
provides a means for assisted living clients to request assistance for health
and safety needs 24 hours per day, seven days per week, from the establishment
or a person or entity with which the establishment has made arrangements;
(7) has a person or persons available 24 hours per day, seven
days per week, who is responsible for responding to the requests of assisted
living clients for assistance with health or safety needs, who shall be:
(i) awake;
(ii) located in the same building, in an attached building,
or on a contiguous campus with the housing with services establishment in order
to respond within a reasonable amount of time;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or
summoning the appropriate assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the
following supportive services to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the client, reasonable assistance
with arranging for transportation to medical and social services appointments,
and the name of or other identifying information about the person or persons
responsible for providing this assistance;
(v) upon the request of the client, reasonable assistance
with accessing community resources and social services available in the
community, and the name of or other identifying information about the person or
persons responsible for providing this assistance; and
(vi) periodic opportunities for socialization; and
(9) makes available to all prospective and current assisted
living clients information consistent with the uniform format and the required
components adopted by the commissioner under section 144G.06.� This information must be made available
beginning no later than six months after the commissioner makes the uniform
format and required components available to providers according to section
144G.06.
Subd. 3.� Exemption from awake-staff requirement.� (a) A housing with services establishment
that offers or provides assisted living is exempt from the requirement in
subdivision 2, paragraph (b), clause (7), item (i), that the person or persons
available and responsible for responding to requests for assistance must be
awake, if the establishment meets the following requirements:
(1) the establishment has a maximum capacity to serve 12 or
fewer assisted living clients;
(2)
the person or persons available and responsible for responding to requests for
assistance are physically present within the housing with services
establishment in which the assisted living clients reside;
(3) the establishment has a system in place that is
compatible with the health, safety, and welfare of the establishment's assisted
living clients;
(4) the establishment's housing with services contract, as
required by section 144D.04, includes a statement disclosing the
establishment's qualification for, and intention to rely upon, this exemption;
(5) the establishment files with the commissioner, for
purposes of public information but not review or approval by the commissioner,
a statement describing how the establishment meets the conditions in clauses
(1) to (4), and makes a copy of this statement available to actual and
prospective assisted living clients; and
(6) the establishment indicates on its housing with services
registration, under section 144D.02 or 144D.03, as applicable, that it
qualifies for and intends to rely upon the exemption under this subdivision.
Subd. 4.� Nursing assessment.� (a) A housing with services establishment
offering or providing assisted living shall:
(1) offer to have the arranged home care provider conduct a
nursing assessment by a registered nurse of the physical and cognitive needs of
the prospective resident and propose a service agreement or service plan prior
to the date on which a prospective resident executes a contract with a housing
with services establishment or the date on which a prospective resident moves
in, whichever is earlier; and
(2) inform the prospective resident of the availability of
and contact information for long-term care consultation services under section
256B.0911, prior to the date on which a prospective resident executes a
contract with a housing with services establishment or the date on which a
prospective resident moves in, whichever is earlier.
(b) An arranged home care provider is not obligated to
conduct a nursing assessment by a registered nurse when requested by a
prospective resident if either the geographic distance between the prospective
resident and the provider, or urgent or unexpected circumstances, do not permit
the assessment to be conducted prior to the date on which the prospective
resident executes a contract or moves in, whichever is earlier.� When such circumstances occur, the arranged
home care provider shall offer to conduct a telephone conference whenever
reasonably possible.
(c) The arranged home care provider shall comply with
applicable home care licensure requirements in chapter 144A and Minnesota Rules,
chapter 4668, and with sections 148.171 to 148.285 with respect to the
provision of a nursing assessment prior to the delivery of nursing services and
the execution of a home care service plan or service agreement.
Subd. 5.� Assistance with arranged home care
provider.� The housing with
services establishment shall provide each assisted living client with
identifying information about a person or persons reasonably available to
assist the client with concerns the client may have with respect to the services
provided by the arranged home care provider.�
The establishment shall keep each assisted living client reasonably
informed of any changes in the personnel referenced in this subdivision.� Upon request of the assisted living client,
such personnel or designee shall provide reasonable assistance to the assisted
living client in addressing concerns regarding services provided by the
arranged home care provider.
Subd. 6.� Termination of housing with services
contract.� If a housing with
services establishment terminates a housing with services contract with an
assisted living client, the establishment shall provide the assisted living
client, and the legal or designated representative of the assisted living
client, if any, with a written notice of termination which includes the
following information:
(1)
the effective date of termination;
(2) the section of the contract that authorizes the
termination;
(3) without extending the termination notice period, an
affirmative offer to meet with the assisted living client and, if applicable,
client representatives, within no more than five business days of the date of
the termination notice to discuss the termination;
(4) an explanation that:
(i) the assisted living client must vacate the apartment,
along with all personal possessions, on or before the effective date of
termination;
(ii) failure to vacate the apartment by the date of
termination may result in the filing of an eviction action in court by the
establishment, and that the assisted living client may present a defense, if
any, to the court at that time; and
(iii) the assisted living client may seek legal counsel in
connection with the notice of termination;
(5) a statement that, with respect to the notice of
termination, reasonable accommodation is available for the disability of the
assisted living client, if any; and
(6) the name and contact information of the representative of
the establishment with whom the assisted living client or client
representatives may discuss the notice of termination.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 20.� [144G.04] RESERVATION OF RIGHTS.�
Subdivision 1.�
Use of services.� Nothing in this chapter requires an
assisted living client to utilize any service provided or made available in
assisted living.
Subd. 2.� Housing with services contracts.� Nothing in this chapter requires a housing
with services establishment to execute or refrain from terminating a housing
with services contract with a prospective or current resident who is unable or
unwilling to meet the requirements of residency, with or without assistance.
Subd. 3.� Provision of services.� Nothing in this chapter requires the
arranged home care provider to offer or continue to provide services under a
service agreement or service plan to a prospective or current resident of the
establishment whose needs cannot be met by the arranged home care provider.
Subd. 4.� Altering operations; service packages.� Nothing in this chapter requires a housing
with services establishment or arranged home care provider offering assisted
living to fundamentally alter the nature of the operations of the establishment
or the provider in order to accommodate the request or need for facilities or
services by any assisted living client, or to refrain from requiring, as a
condition of residency, that an assisted living client pay for a package of
assisted living services even if the client does not choose to utilize all or
some of the services in the package.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec.
21.� [144G.05]
REIMBURSEMENT UNDER ASSISTED LIVING SERVICE PACKAGES.�
Notwithstanding the provisions of this chapter, the
requirements for the Elderly Waiver program's assisted living payment rates
under section 256B.0915, subdivision 3e, shall continue to be effective and
providers who do not meet the requirements of this chapter may continue to
receive payment under section 256B.0915, subdivision 3e, as long as they
continue to meet the definitions and standards for assisted living and assisted
living plus set forth in the federally approved Elderly Home and Community
Based Services Waiver Program (Control Number 0025.91).� Providers of assisted living for the
Community Alternatives for Disabled Individuals (CADI) and Traumatic Brain
Injury (TBI) waivers shall continue to receive payment as long as they continue
to meet the definitions and standards for assisted living and assisted living
plus set forth in the federally approved CADI and TBI waiver plans.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 22.� [144G.06] UNIFORM CONSUMER INFORMATION
GUIDE.�
(a) The commissioner of health shall establish an advisory
committee consisting of representatives of consumers, providers, county and
state officials, and other groups the commissioner considers appropriate.� The advisory committee shall present
recommendations to the commissioner on:
(1) a format for a guide to be used by individual providers
of assisted living, as defined in Minnesota Statutes, section 144G.01, that
includes information about services offered by that provider, service costs,
and other relevant provider-specific information, as well as a statement of
philosophy and values associated with assisted living, presented in uniform
categories that facilitate comparison with guides issued by other providers;
and
(2) requirements for informing assisted living clients, as
defined in Minnesota Statutes, section 144G.01, of their applicable legal
rights.
(b) The commissioner, after reviewing the recommendations of
the advisory committee, shall adopt a uniform format for the guide to be used
by individual providers, and the required components of materials to be used by
providers to inform assisted living clients of their legal rights, and shall
make the uniform format and the required components available to assisted
living providers.
Sec. 23.�
[145.4122]
NON-HOSPITAL-PERFORMED ABORTIONS; REQUIREMENT; MISDEMEANOR.�
Subdivision 1.�
Physician requirement.� A physician performing or inducing an
abortion who does not have clinical privileges at a hospital which offers
obstetrical or gynecological care within the state and within 20 miles of the
location where the abortion is performed or induced is guilty of a misdemeanor
and is subject to the criminal penalties provided by law.� For purposes of this section, abortion has
the meaning given in section 144.343, subdivision 3.
Subd. 2.� Severability.� If any one or more provision, section,
subdivision, sentence, clause, phrase, or word of this section or the application
thereof to any person or circumstance is found to be unconstitutional, the same
is hereby declared to be severable and the balance of this section shall remain
effective notwithstanding such unconstitutionality.� The legislature intends that it would have
passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word thereof irrespective of the fact that any one
provision, section, subdivision, sentence, clause, phrase, or word be declared
unconstitutional.
Subd. 3.� Supreme Court jurisdiction.� The Minnesota Supreme Court has
original jurisdiction over an action challenging the constitutionality of this
section and shall expedite the resolution of the action.
Sec.
24.� Minnesota Statutes 2004, section
145.4241, is amended by adding a subdivision to read:
Subd. 3a.� Fetal anomaly incompatible with life.� "Fetal anomaly incompatible with
life" means an untreatable fetal anomaly diagnosed before birth that will
with reasonable certainty result in fetal or neonatal death.� These conditions include anencephaly, trisomy
13 or 18, acardia, renal agenesis, and thanatophoric dwarfism.
Sec. 25.� Minnesota
Statutes 2004, section 145.4241, is amended by adding a subdivision to read:
Subd. 4a.� Perinatal hospice.� (a) "Perinatal hospice" means
comprehensive support to the female and her family that includes support from
the time of diagnosis through the time of birth and death of the infant and
through the postpartum period.� Supportive
care may include maternal-fetal medical specialists, obstetricians,
neonatologists, anesthesia specialists, family physicians, nurse midwives,
clergy, social workers, and specialty nurses.
(b) The availability of perinatal hospice provides an
alternative to families for whom elective pregnancy termination is not chosen.
Sec. 26.� Minnesota
Statutes 2005 Supplement, section 145.4242, is amended to read:
145.4242 INFORMED CONSENT.�
(a) No abortion shall be performed in this state except with
the voluntary and informed consent of the female upon whom the abortion is to
be performed.� Except in the case of a
medical emergency or if the fetus has an anomaly incompatible with life, and
the female has declined perinatal hospice care, consent to an abortion is
voluntary and informed only if:
(1) the female is told the following, by telephone or in
person, by the physician who is to perform the abortion or by a referring
physician, at least 24 hours before the abortion:
(i) the particular medical risks associated with the
particular abortion procedure to be employed including, when medically
accurate, the risks of infection, hemorrhage, breast cancer, danger to
subsequent pregnancies, and infertility;
(ii) the probable gestational age of the unborn child at the
time the abortion is to be performed;
(iii) the medical risks associated with carrying her child to
term; and
(iv) for abortions after 20 weeks gestational, whether or not
an anesthetic or analgesic would eliminate or alleviate organic pain to the
unborn child caused by the particular method of abortion to be employed and the
particular medical benefits and risks associated with the particular anesthetic
or analgesic.
The information required by this clause may be provided by
telephone without conducting a physical examination or tests of the patient, in
which case the information required to be provided may be based on facts
supplied to the physician by the female and whatever other relevant information
is reasonably available to the physician.�
It may not be provided by a tape recording, but must be provided during
a consultation in which the physician is able to ask questions of the female
and the female is able to ask questions of the physician.� If a physical examination, tests, or the
availability of other information to the physician subsequently indicate, in
the medical judgment of the physician, a revision of the information previously
supplied to the patient, that revised information may be communicated to the
patient at any time prior to the performance of the abortion.� Nothing in this section may be construed to
preclude provision of required information in a language understood by the
patient through a translator;
(2)
the female is informed, by telephone or in person, by the physician who is to
perform the abortion, by a referring physician, or by an agent of either
physician at least 24 hours before the abortion:
(i) that medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care;
(ii) that the father is liable to assist in the support of
her child, even in instances when the father has offered to pay for the
abortion; and
(iii) that she has the right to review the printed materials
described in section 145.4243, that these materials are available on a
state-sponsored Web site, and what the Web site address is.� The physician or the physician's agent shall
orally inform the female that the materials have been provided by the state of
Minnesota and that they describe the unborn child, list agencies that offer
alternatives to abortion, and contain information on fetal pain.� If the female chooses to view the materials
other than on the Web site, they shall either be given to her at least 24 hours
before the abortion or mailed to her at least 72 hours before the abortion by
certified mail, restricted delivery to addressee, which means the postal
employee can only deliver the mail to the addressee.
The information required by this clause may be provided by a
tape recording if provision is made to record or otherwise register
specifically whether the female does or does not choose to have the printed
materials given or mailed to her;
(3) the female certifies in writing, prior to the abortion,
that the information described in clauses (1) and (2) has been furnished to her
and that she has been informed of her opportunity to review the information
referred to in clause (2), subclause (iii); and
(4) prior to the performance of the abortion, the physician
who is to perform the abortion or the physician's agent obtains a copy of the
written certification prescribed by clause (3) and retains it on file with the
female's medical record for at least three years following the date of receipt.
(b) Prior to administering the anesthetic or analgesic as
described in paragraph (a), clause (1), item (iv), the physician must disclose
to the woman any additional cost of the procedure for the administration of the
anesthetic or analgesic.� If the woman
consents to the administration of the anesthetic or analgesic, the physician
shall administer the anesthetic or analgesic or arrange to have the anesthetic
or analgesic administered.
(c) A female seeking an abortion of her unborn child
diagnosed with a fetal anomaly incompatible with life must be informed of
available perinatal hospice services and offered this care as an alternative to
abortion.� If perinatal hospice services
are declined, voluntary and informed consent by the female seeking an abortion
is given if the female receives the information required in paragraphs (a),
clause (1) and (b).� The female and the
physician or physician's agent must comply with the requirements in paragraph
(a), clauses (3) and (4), as they relate to paragraphs (a), clause (1), and
(b).
Sec. 27.� [151.415] PROHIBITION AGAINST REFUSING
TO DISPENSE A LEGEND DRUG OR DEVICE.�
Subdivision 1.�
Intent.� It is the intent of the legislature that
pharmacists dispense legend drugs and devices in a timely way or provide
appropriate referrals for patients to obtain the necessary legend drugs and
devices, despite the pharmacist's objection to dispensing the drugs or devices
on ethical, moral, or religious grounds.
Subd. 2.� Prohibition.� (a) No pharmacist shall obstruct a patient
in obtaining a legend drug or device that has been legally prescribed or
ordered for that patient.� A violation of
this section constitutes unprofessional conduct by the pharmacist and shall
subject the pharmacist to disciplinary or administrative action by the Board of
Pharmacy.
(b)
Notwithstanding any other provision of law, a pharmacist shall dispense drugs
and devices, as described in section 151.01, subdivision 30, pursuant to a
lawful order or prescription unless one of the following circumstances exists:
(1) based solely on the pharmacist's professional training
and judgment dispensing pursuant to the order or the prescription is contrary
to law, or the pharmacist determines that the prescribed drug or device would
cause a harmful drug interaction or would otherwise adversely affect the
patient's medical condition;
(2) the legend drug or device is not in stock.� If an order or prescription cannot be
dispensed because the drug or device is not in stock, the pharmacist shall take
one of the following actions:
(i) immediately notify the patient and arrange for the drug
or device to be delivered to the site or directly to the patient in a timely
manner;
(ii) promptly transfer the prescription to another pharmacy
known to stock the legend drug or device to ensure the patient has timely
access to the drug or device; or
(iii) return the prescription to the patient and refer the
patient; or
(3) the pharmacist refuses on ethical, moral, or religious
grounds to dispense a drug or device pursuant to an order or prescription.� A pharmacist may decline to dispense a
prescription drug or device on this basis if the employer has previously been
notified by the pharmacist, in writing, of the drug or class of drugs to which
the pharmacist objects.� The pharmacist's
employer shall establish protocols that ensure that the patient has timely
access to the prescribed drug or device despite the pharmacist's refusal to
dispense the prescription or order.
(c) For the purposes of this section, "legend drug or
device" has the same meaning as the definition in section 151.01,
subdivision 17.
(d) Nothing in this section requires a pharmacy to stock any
legend drug or device.
(e) This section imposes no duty on a pharmacist to dispense
a drug or device pursuant to a prescription or order without payment for the
drug or device, including payment directly by the patient or through a
third-party payer accepted by the pharmacist or payment of any required
co-payment by the patient.
Sec. 28.� Minnesota
Statutes 2005 Supplement, section 157.16, subdivision 3a, is amended to read:
Subd. 3a.� Statewide hospitality fee.� Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service
establishment, seasonal temporary or permanent food stand, special event food
stand, mobile food unit, food cart, resort, hotel, motel, or lodging
establishment in Minnesota, except for a school, as defined in section
120A.05, subdivisions 9, 11, and 13, must submit to the commissioner a $35
annual statewide hospitality fee for each licensed activity.� The fee for establishments licensed by the
Department of Health is required at the same time the licensure fee is
due.� For establishments licensed by
local governments, the fee is due by July 1 of each year.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 29.� PROHIBITION ON USE OF STATE FUNDS.�
Subdivision 1.�
Use of funds.� Funding for state-sponsored health
programs shall not be used for funding abortions, except to the extent
necessary for continued participation in a federal program.� For purposes of this section, abortion has
the meaning given in Minnesota Statutes, section 144.343, subdivision 3.
Subd.
2.
Subd. 3.� Supreme Court jurisdiction.� The Minnesota Supreme Court has
original jurisdiction over an action challenging the constitutionality of this
section and shall expedite the resolution of the action.
Sec. 30.� REVISOR'S INSTRUCTION.�
(a) The revisor of statutes shall strike all references to
the "Class E assisted living home care programs license," "Class
E license," and similar terms in Minnesota Rules, chapters 4668 and
4669.� In sections affected by this
instruction, the revisor may make changes necessary to correct the punctuation,
grammar, or structure of the remaining text and preserve its meaning.
(b) The revisor of statutes shall change the term
"assisted living home care provider," "assisted living
license," and similar terms to "Class F home care provider,"
"Class F license," and similar terms to "Class F home care provider,"
"Class F license," and similar terms, in Minnesota Rules, chapter
4668.� In sections affected by this
instruction, the revisor may make changes necessary to correct the punctuation,
grammar, or structure of the remaining text and preserve its meaning.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 31.� REPEALER.�
Minnesota Rules, part 4668.0215, is repealed effective
January 1, 2007.
ARTICLE 5
HEALTH CARE COST-CONTAINMENT
Section 1.� Minnesota
Statutes 2004, section 62D.02, is amended by adding a subdivision to read:
Subd. 1a.� Authorized entity.� "Authorized entity" means a
corporation organized under chapter 302A, 317A, or the similar laws of another
state; a limited liability company organized under chapter 322B or the similar
laws of another state; or a local government unit as defined in subdivision 11.
Sec. 2.� Minnesota
Statutes 2004, section 62D.02, subdivision 4, is amended to read:
Subd. 4.� Health maintenance organization.� (a) "Health maintenance
organization" means a nonprofit corporation organized under chapter
317A, or a local governmental unit as defined in subdivision 11 an
authorized entity, controlled and operated as provided in sections 62D.01
to 62D.30, which provides, either directly or through arrangements with
providers or other persons, comprehensive health maintenance services, or
arranges for the provision of these services, to enrollees on the basis of a
fixed prepaid sum without regard to the frequency or extent of services
furnished to any particular enrollee.
(b) (Expired)
Sec.
3.� Minnesota Statutes 2004, section
62D.03, subdivision 1, is amended to read:
Subdivision 1.� Certificate of authority required.� Notwithstanding any law of this state to the
contrary, any nonprofit corporation organized to do so or a local
governmental unit an authorized entity may apply to the commissioner
of health for a certificate of authority to establish and operate a health
maintenance organization in compliance with sections 62D.01 to 62D.30.� No person shall establish or operate a health
maintenance organization in this state, nor sell or offer to sell, or solicit
offers to purchase or receive advance or periodic consideration in conjunction
with a health maintenance organization or health maintenance contract unless
the organization has a certificate of authority under sections 62D.01 to
62D.30.� An out-of-state corporation
or out-of-state limited liability company may qualify to apply for a
certificate of authority under this chapter, subject to obtaining a certificate
of authority to do business in this state under section 303.08 or 322B.915, as
appropriate, and compliance with this chapter and other applicable state laws.
Sec. 4.� Minnesota
Statutes 2004, section 62D.05, subdivision 1, is amended to read:
Subdivision 1.� Authority granted.� Any nonprofit corporation or local
governmental unit authorized entity may, upon obtaining a
certificate of authority as required in sections 62D.01 to 62D.30, operate as a
health maintenance organization.
Sec. 5.� Minnesota
Statutes 2004, section 62D.095, subdivision 3, is amended to read:
Subd. 3.� Deductibles.� (a) A health maintenance contract
issued by a health maintenance organization that is assessed less than three
percent of the total annual amount assessed by the Minnesota comprehensive
health association may impose deductibles not to exceed $3,000
$5,000 per person, per year and $6,000 $10,000 per family,
per year.� For purposes of the
percentage calculation, a health maintenance organization's assessments include
those of its affiliates.
(b) All other health maintenance contracts may impose
deductibles not to exceed $2,250 per person, per year and $4,500 per family,
per year.
Sec. 6.� Minnesota
Statutes 2004, section 62D.095, subdivision 4, is amended to read:
Subd. 4.� Annual out-of-pocket maximums.� (a) A health maintenance contract
issued by a health maintenance organization that is assessed less than three
percent of the total annual amount assessed by the Minnesota comprehensive
health association must include a limitation not to exceed $4,500
$5,000 per person and $7,500 $10,000 per family on total
annual out-of-pocket enrollee cost-sharing expenses.� For purposes of the percentage
calculation, a health maintenance organization's assessments include those of
its affiliates.
(b) All other health maintenance contracts must include a
limitation not to exceed $3,000 per person and $6,000 per family on total
annual out-of-pocket enrollee cost-sharing expenses.
Sec. 7.� Minnesota
Statutes 2004, section 62D.095, is amended by adding a subdivision to read:
Subd. 5a.� Lifetime maximum benefit.� (a) A health maintenance contract issued
by a health maintenance organization may impose a lifetime maximum benefit no
less than $3,000,000.� At no time shall a
health maintenance organization impose a lifetime maximum lower than the
required lifetime maximum of the comprehensive health insurance plan under
section 62E.12.
(b) The comprehensive health insurance plan is available
under section 62E.14, subdivision 4c, paragraph (a), to those meeting the
lifetime maximum benefit, without providing evidence of rejection.
Sec.
8.� Minnesota Statutes 2004, section
62E.11, subdivision 13, is amended to read:
Subd. 13.� State funding; effect on premium rates of
members.� (a) In approving the
premium rates as required in sections 62A.65, subdivision 3; and 62L.08,
subdivision 8, the commissioners of health and commerce shall ensure that any
appropriation to reduce the annual assessment made on the contributing members
to cover the costs of the Minnesota comprehensive health insurance plan as
required under this section is reflected in the premium rates charged by each
contributing member.
(b) In any fiscal year, a positive balance in the health care
access fund, not to exceed $40,000,000, is appropriated to the commissioner of
commerce for disbursement to the Minnesota Comprehensive Health Association for
the purpose of reducing or eliminating its annual assessments on its
contributing members, under subdivision 6.�
The amount appropriated and disbursed must not exceed the total amount
that the association would otherwise assess on its contributing members for the
calendar year in which the disbursement is made.
(c) Notwithstanding the appropriation in paragraph (b),
$87,500,000 in fiscal year 2007, $20,000,000 in fiscal year 2008, and
$40,000,000 in fiscal year 2009 is appropriated from the health care access
fund to the commissioner of commerce for the purpose stated in paragraph (b).
(d) The appropriations in this section are available only
after the state prevails in the appeal of the decision, filed December 20,
2005, by the Minnesota District Court, Second Judicial District v.� Philip Morris, Inc.
Sec. 9.� Minnesota
Statutes 2005 Supplement, section 62J.052, is amended to read:
62J.052 PROVIDER COST
DISCLOSURE.�
Subdivision 1.�
Health care providers.� (a) Each health care provider, as defined by
section 62J.03, subdivision 8, except hospitals and outpatient surgical centers
subject to the requirements of section 62J.823, shall provide the following
information:
(1) the average allowable payment from private third-party
payers for the 20 services or procedures most commonly performed;
(2) the average payment rates for those services and
procedures for medical assistance;
(3) the average charge for those services and procedures for
individuals who have no applicable private or public coverage; and
(4) the average charge for those services and procedures,
including all patients.
(b) This information shall be updated annually and be readily
available at no cost to the public on site.
Subd. 2.� Pharmacies.� (a) Each pharmacy, as defined in section
151.01, subdivision 2, shall provide the following information to a patient,
upon request:
(1) the pharmacy's own usual and customary price for a
prescription drug;
(2) a historical record, including all transactions on record
with the pharmacy both past and present, of all co-payments and other
cost-sharing paid to the pharmacy by the patient; and
(3) the total amount of all co-payments and other
cost-sharing paid to the pharmacy by the patient over the entire historical
record.
Sec.
10.� [62J.431]
EVIDENCE-BASED PRACTICE STANDARDS AND GUIDELINES.�
Subdivision 1.�
Health-related boards and
provider organizations; practice standards.� The health-related boards, under chapter
148, or professional provider organizations may establish practice standards
for treating patients within their respective scopes of practice.� The boards or provider organizations may
utilize the services of appropriate public or private entities to facilitate
the development or review of practice standards and evidence-based
guidelines.� Each board or provider
organization that has established or ratified existing standards shall report
these standards to the legislative committees with jurisdiction over the public
health occupations by January 15, 2007, and shall report subsequent changes
annually thereafter.� If a board or
provider organization has existing standards, nothing in this section requires
a board or provider organization to establish new standards.� Nothing in this section shall require a
health plan company to cover treatments, testing, or imaging, based on
standards developed under this section.
Subd. 2.� Criteria for evidence-based guidelines.� Guidelines identified under this section
must meet the following criteria:
(1) the scope and application are clear;
(2) authorship is stated and any conflicts of interest
disclosed;
(3) authors represent all pertinent clinical fields or other
means of input have been used;
(4) the development process is explicitly stated;
(5) the guideline is grounded in evidence;
(6) the evidence is cited and graded;
(7) the document itself is clear and practical;
(8) the document is flexible in use, with exceptions noted or
provided for with general statements;
(9) measures are included for use in systems improvement; and
(10) the guideline has scheduled reviews and updating.
Sec. 11.� [62J.62] ELECTRONIC BILLING ASSISTANCE.�
The commissioner of human services shall, out of existing
resources, encourage and assist providers to adopt and use electronic billing
for state programs, including but not limited to the provision of training.
Sec. 12.� Minnesota
Statutes 2004, section 62J.81, subdivision 1, is amended to read:
Subdivision 1.� Required disclosure of estimated payment.� (a) A health care provider, as defined
in section 62J.03, subdivision 8, or the provider's designee as agreed to by
that designee, shall, at the request of a consumer, provide that consumer
with a good faith estimate of the reimbursement the provider expects to receive
from the health plan company in which the consumer is enrolled.� Health plan companies must allow contracted
providers, or their designee, to release this information.� A good faith estimate must also be made
available at the request of a consumer who is not enrolled in a health plan
company.� Payment information provided by
a provider, or by the provider's designee as agreed to by that designee,
to a patient pursuant to this subdivision does not constitute a legally binding
estimate of the cost of services.
(b)
A health plan company, as defined in section 62J.03, subdivision 10, shall, at
the request of an enrollee, provide that enrollee with a good faith estimate of
the reimbursement the health plan company would expect to pay to a specified
provider within the network for a health care service specified by the
enrollee.� An estimate provided to an
enrollee under this paragraph is not a legally binding estimate of the reimbursement.
EFFECTIVE
DATE.� Paragraph (a) is
effective the day following final enactment.�
Paragraph (b) is effective January 1, 2007.
Sec. 13.� [62J.823] HOSPITAL PRICING TRANSPARENCY.�
Subdivision 1.�
Short title.� This section may be cited as the Hospital
Pricing Transparency Act.
Subd. 2.� Definition.� For the purposes of this section,
"estimate" means any of the following:
(1) the actual price expected to be charged to the individual
based on the specific diagnostic related group code or specific procedure code
or codes reflecting any discounts the individual would receive;
(2) the actual price expected to be charged to the individual
based on the specific diagnostic related group code or specific procedure code
or codes to be performed without taking into account any discounts the
individual may receive;
(3) the average billed rate of all of the specific diagnostic
related group code or procedure code performed in the last six months;
(4) the average billed rate of the most recently performed
services of the same diagnostic related group code or procedure code; or
(5) any other estimate that will provide a patient with an
accurate view of their potential financial obligations if the services are
performed by the hospital.
Subd. 3.� Applicability and scope.� Any hospital, as defined in section
144.696, subdivision 3, and outpatient surgical center, as defined in section
144.696, subdivision 4, shall provide a written estimate of the cost of a
specific service or stay upon the request of a patient, doctor, or the
patient's representative.� The request
must include:
(1) the specific diagnostic related group code;
(2) the name of the procedure or procedures to be performed;
(3) the type of treatment to be received; or
(4) any other information that will allow the hospital or
outpatient surgical center to determine the specific diagnostic related group
or procedure code or codes.
Subd. 4.� Estimate.� (a) An estimate provided by the hospital
or outpatient surgical center must contain:
(1) the method used to calculate the estimate;
(2) the specific diagnostic related group or procedure code
or codes used to calculate the estimate;
(3) the name of any network or program that resulted in a
discounted rate; and
(4)
a statement indicating that the estimate, while accurate, may not reflect the
actual billed charges and that the final bill may be higher or lower depending
on the patient's specific circumstances.
(b) The estimate may be provided in any method that meets the
needs of the patient and the hospital or outpatient surgical center, including
electronically; however, a paper copy must be provided if specifically
requested.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 14.� [62J.83] REDUCED PAYMENT AMOUNTS PERMITTED.�
(a) Notwithstanding any provision of chapter 148 or any other
provision of law to the contrary, a health care provider may provide care to a
patient at a discounted payment amount, including care provided for free.
(b) This section does not apply in a situation in which the
discounted payment amount is not permitted under federal law.
Sec. 15.� [62J.85] PROVISION OF INFORMATION ON
PHARMACEUTICAL ASSISTANCE PROGRAMS.�
A medical clinic must make available to patients, in a public
area of the clinic, brochures on programs offered by pharmaceutical
manufacturers that provide free or discounted drugs or provide coverage for
prescription drugs.� This requirement
applies only to brochures that are made available to clinics free of charge by
pharmaceutical manufacturers.� If a Web
site is developed that provides this information, a public posting describing
the Web site complies with this requirement.
Sec. 16.� [62M.071] PRIOR AUTHORIZATION.�
Health plan companies, in cooperation with health care providers,
shall review prior authorization procedures administered by utilization review
organizations and health plan companies, to ensure the cost-effective use of
prior authorization and minimization of provider, clinic, and central office
administrative burden.
Sec. 17.� [62M.072] USE OF EVIDENCE-BASED
STANDARDS.�
If no independently developed evidence-based standards exist
for a particular treatment, testing, or imaging procedure, then an insurer or
utilization review organization shall not deny coverage of the treatment,
testing, or imaging based solely on the grounds that the treatment, testing, or
imaging does not meet an evidence-based standard.
Sec. 18.� [62Q.645] DISTRIBUTION OF INFORMATION;
ADMINISTRATIVE EFFICIENCY AND COVERAGE OPTIONS.�
(a) The commissioner may use reports submitted by health plan
companies, service cooperatives, and the public employee insurance program
created in section 43A.316 to compile entity specific administrative efficiency
reports; may make these reports available on state agency Web sites, including
minnesotahealthinfo.com; and may include information on:
(1) number of covered lives;
(2) covered services;
(3) geographic availability;
(4)
whom to contact to obtain current premium rates;
(5) administrative costs, using the definition of
administrative costs developed under section 62J.38;
(6) Internet links to information on the health plan, if
available; and�
(7) any other information about the health plan identified by
the commissioner as being useful for employers, consumers, providers, and
others in evaluating health plan options.
(b) This section does not apply to a health plan company
unless its annual Minnesota premiums exceed $50,000,000 based on the most
recent assessment base of the Minnesota Comprehensive Health Association.� For purposes of this determination, the
premiums of a health plan company include those of its affiliates.
Sec. 19.� [62Q.80] SMALL HEALTH PLAN PURCHASING
POOL.�
(a) Health plan companies whose premium volume is less than
ten percent of total premiums in the Minnesota health plan market may create a
purchasing pool for group contracting for health care from health care
providers for purposes of this section.�
Membership by a health plan company is voluntary.� For purposes of the ten percent calculation,
a health plan company's premiums include those of its affiliates.
(b) Members of the pool may use the contracted health care for
purposes of meeting their obligations to their enrollees under health plans.
(c) The pool or its members may offer and sell health care
discount cards to persons who have no public sector or private sector health
coverage.� The discount cards must
entitle the purchasers to discounted charges from health care providers that
participate in the program.� The discount
cards need not provide their purchasers with the same discounted prices used
under paragraph (b).� The discount cards,
and advertisements regarding them, must clearly indicate that the discount card
program is not insurance or health maintenance coverage, and that the purchaser
must check with a provider to determine whether the provider accepts the card.
(d) The commissioner of commerce shall oversee and supervise
this purchasing pool to ensure that it promotes competition in the market for
health plan coverage in this state by enabling its members to participate in
the health plan market in this state on a more equal footing with their larger
competitors.
Sec. 20.� Minnesota
Statutes 2004, section 72A.20, is amended by adding a subdivision to read:
Subd. 39.� Discounted payments by health care
providers; effect on use of usual and customary payments.� An insurer, including, but not limited to,
a health plan company as defined in section 62Q.01, subdivision 4; a reparation
obligor as defined in section 65B.43, subdivision 9; and a workers'
compensation insurer shall not consider in determining a health care provider's
usual and customary payment, standard payment, or allowable payment used as a
basis for determining the provider's payment by the insurer, the following
discounted payment situations:
(1) care provided to relatives of the provider;
(2) care for which a discount or free care is given in
hardship situations; and
(3) care for which a discount is given in exchange for cash payment.
For purposes of this subdivision, "health care
provider" and "provider" have the meaning given in section
62J.03, subdivision 8.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec.
21.� Minnesota Statutes 2004, section
123A.21, subdivision 7, is amended to read:
Subd. 7.� Educational programs and services.� (a) The board of directors of each SC
shall submit annually a plan to the members.�
The plan shall identify the programs and services which are suggested
for implementation by the SC during the following year and shall contain
components of long-range planning determined by the SC.� These programs and services may include, but
are not limited to, the following areas:
(1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services;
(5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and adult
vocational education;
(12) teaching and learning services, including services for
students with special talents and special needs;
(13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services and
centers;
(16) leadership or direction in early childhood and family
education;
(17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs;
(20) technology planning, training, and support services;
(21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
(b)
A health coverage program provided by one or more service cooperatives:
(1) may provide coverage to nursing homes licensed under
chapter 144A and boarding care homes licensed under sections 144.50 to 144.56
and certified for participation in the medical assistance program located in
this state;
(2) must rebid contracts for insurance and third-party
administration at least every four years.�
The contracts may be regional or statewide in the discretion of the
service cooperative;
(3) must comply with section 72.20, subdivision 26,
notwithstanding section 13.203, and must also provide that same information to
exclusive representatives of the employees upon request.� A service cooperative shall not terminate
coverage, exclude an employer from future coverage, or otherwise penalize an
employer for seeking bids from other sources of health coverage; and
(4) may determine premiums for its health coverage
individually for specific employers or may determine them on a pooled or other
basis established by the service cooperative.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 22.� [144.0506] AGENCY WEB SITES.�
Subdivision 1.�
Information to be posted.� The commissioner of health may post the
following information on agency Web sites, including minnesotahealthinfo.com:
(1) healthy lifestyle and preventive health care information,
organized by sex and age, with procedures and treatments categorized by level
of effectiveness and reliability of the supporting evidence on effectiveness;
(2) health plan company administrative efficiency report
cards;
(3) health care provider charges for common procedures, based
on information available under section 62J.052;
(4) evidence-based medicine guidelines and related
information for use as resources by health care professionals, and summaries of
the guidelines and related information for use by patients and consumers;
(5) resources and Web links related to improving efficiency
in medical clinics and health care professional practices; and
(6) lists of nonprofit and charitable entities that accept
donations of used medical equipment and supplies, such as crutches and walkers.
Subd. 2.� Other Internet resources.� The commissioner of health, in
implementing subdivision 1, shall include relevant Web links and materials from
private sector and other government sources, in order to avoid duplication and
reduce state administrative costs.
Subd. 3.� Cooperation with commissioner of
commerce.� The commissioner of
health shall consult and work in cooperation with the commissioner of commerce
when posting on the Web site information collected from health plan companies
regulated by the commissioner of commerce.
Sec. 23.� Minnesota
Statutes 2004, section 144.698, is amended by adding a subdivision to read:
Subd. 6.� Reporting on uncompensated care.� (a) A report on the services provided to
benefit the community, as required under subdivision 1, clause (5), must report
charity care in compliance with the following requirements:
(1)
For a facility to report amounts as charity care adjustments, the facility must:
(i) generate and record a charge;
(ii) have a policy on the provision of charity care that
contains specific eligibility criteria and is communicated or made available to
patients;
(iii) have made a reasonable effort to identify a third-party
payer, encourage the patient to enroll in public programs, and, to the extent
possible, aid the patient in the enrollment process; and
(iv) ensure that the patient meets the charity care criteria
of this subdivision.
(2) In determining whether to classify care as charity care,
the facility must consider the following:
(i) charity care may include services that the provider is
obligated to render independently of the ability to collect;
(ii) charity care may include care provided to patients who
meet the facility's charity care guidelines and have partial coverage, but who
are unable to pay the remainder of their medical bills, but this does not apply
to that portion of the bill that has been determined to be the patient's
responsibility after a partial charity care classification by the facility;
(iii) charity care may include care provided to low-income
patients who may qualify for a public health insurance program and meet the
facility's eligibility criteria for charity care, but who do not complete the
application process for public insurance despite the facility's reasonable
efforts;
(iv) charity care may include care to individuals whose
eligibility for charity care was determined through third-party services for
information gathering purposes only;
(v) charity care does not include contractual allowances,
which is the difference between gross charges and payments received under
contractual arrangements with insurance companies and payers;
(vi) charity care does not include bad debt;
(vii) charity care does not include what may be perceived as
underpayments for operating public programs;
(viii) charity care does not include unreimbursed costs of
basic or clinical research or professional education and training;
(ix) charity care does not include professional courtesy
discounts;
(x) charity care does not include community service or
outreach activities; and
(xi) charity care does not include services for patients
against whom collection actions were taken that resulted in a financial obligation
documented on a patient's credit report with credit bureaus.
(3) When reporting charity care adjustments, the facility
must report total dollar amounts and the number of contacts between a patient
and a health care provider during which a service is provided for the following
categories:
(i) care to patients with family incomes at or below 275
percent of the federal poverty guideline;
(ii)
care to patients with family incomes above 275 percent of the federal poverty
guideline; and
(iii) care to patients when the facility, with reasonable
effort, is unable to determine family incomes.
(b) For the report required under subdivision 1, clause (5),
the facility must, in determining whether to classify care as a bad debt
expense:
(1) presume that a patient is able and willing to pay until
and unless the facility has reason to consider the care as a charity care case
under its charity care policy and the facility classifies the care as a charity
care case; and
(2) include as a bad debt expense any unpaid deductibles,
coinsurance, co-payments, noncovered services, and other unpaid patient
responsibilities.
EFFECTIVE
DATE.� This section is
effective for facility fiscal years ending on or after December 31, 2006.
Sec. 24.� Minnesota
Statutes 2004, section 151.214, subdivision 1, is amended to read:
Subdivision 1.� Explanation of pharmacy benefits.� A pharmacist licensed under this chapter must
provide to a patient, for each prescription dispensed where part or all of the
cost of the prescription is being paid or reimbursed by an employer-sponsored
plan or health plan company, or its contracted pharmacy benefit manager, the
patient's co-payment amount and the pharmacy's own usual and customary
price of the prescription or the amount the pharmacy will be paid for the
prescription drug by the patient's employer-sponsored plan or health plan
company, or its contracted pharmacy benefit manager.
Sec. 25.� Minnesota
Statutes 2005 Supplement, section 214.071, is amended to read:
214.071 HEALTH BOARDS; DIRECTORY
OF LICENSEES.�
By July 1, 2009, each health
health-related licensing board under chapters 147, 148, 148B, and 150A,
as defined in section 214.01, subdivision 2, shall establish a directory of
licensees that includes biographical data for each licensee.
Sec. 26.� [214.121] PRICE DISCLOSURE REMINDER.�
Each health-related licensing board shall at least annually
inform and remind its licensees of the price disclosure requirements of section
62J.052 or 151.214, as applicable, through the board's regular means of
communicating with its licensees.
Sec. 27.� REPORTING OF ACQUIRED INFECTIONS.�
(a) The commissioner of health may consult with infection
control specialists, health care facility representatives, and consumers, for
the purpose of obtaining recommendations regarding a determination of the need
for action to implement health care associated infection control reporting in
hospitals and nursing homes.� If the
outcome of the determination warrants, the commissioner shall consult with the
group regarding:
(1) the selection of reporting measures relating to health
care associated infections;
(2) design, implementation, validation, and ongoing
evaluation of the reporting system; and�
(3) ensuring that the reporting measures remain flexible and
adaptable to changing national standards.�
(b)
If the commissioner determines that there is a need for the action described in
paragraph (a), the commissioner shall make written recommendations to the
legislature.
Sec. 28.� COST-CONTAINMENT STUDIES.�
Subdivision 1.�
Alternative and complementary
health care.� The commissioner
of human services, through the medical director and in consultation with the
health services policy committee established under Minnesota Statutes, section
256B.0625, subdivision 3c, shall study the potential for improving quality and
obtaining cost savings through greater use of alternative and complementary
treatment methods that are supported by the findings of evidence-based
research, and shall incorporate these methods into the medical assistance,
MinnesotaCare, and general assistance medical care programs as appropriate.
Subd. 2.� Study related to access to care.� The commissioners of human services and
health shall study the adequacy of the current system of community health care
clinics and centers both statewide, and in urban areas with significant
disparities in health status and access to services across racial and ethnic
groups.� The commissioners shall
evaluate:
(1) methods to provide 24-hour availability of care through
the clinics and centers;
(2) methods to expand the availability of care through the
clinics and centers;
(3) the use of health care access fund grants to expand the
number of clinics and centers, the services provided, and the availability of
care; and
(4) the extent to which increased use of physician
assistants, nurse practitioners, medical residents and interns, and other
allied health professionals in clinics and centers would increase the
availability of services.
Sec. 29.� MEDICAL MALPRACTICE INSURANCE REPORT.�
(a) The commissioner of commerce shall provide to the
legislature annually a brief written report on the status of the market for
medical malpractice insurance in Minnesota.�
The report must summarize, interpret, explain, and analyze information
on that subject available to the commissioner, through annual statements filed
by insurance companies, information obtained under paragraph (c), and other
sources.
(b) The annual report must consider, to the extent possible,
using definitions developed by the commissioner, Minnesota-specific data on
market shares; premiums received; amounts paid to settle claims that were not
litigated, claims that were settled after litigation began, and claims that
were litigated to court judgment; amounts spent on processing, investigation,
litigation, and otherwise handling claims; other sales and administrative
costs; and the loss ratios of the insurers.
(c) Each insurance company that provides medical malpractice
insurance in this state shall, no later than June 1 each year, file with the
commissioner of commerce, on a form prescribed by the commissioner and using
definitions developed by the commissioner, the Minnesota-specific data
referenced in paragraph (b), other than market share, for the previous calendar
year for that insurance company, shown separately for various categories of
coverages including, if possible, hospitals, medical clinics, nursing homes,
physicians who provide emergency medical care, obstetrician gynecologists, and
ambulance services.� An insurance company
need not comply with this paragraph if its direct premium that is written in
this state for the previous calendar year is less than $2,000,000.
Sec.
30.� STUDY;
PROVIDER PRICING FAIRNESS.�
Subdivision 1.�
Proposal to be studied.� The commissioners of commerce and health
shall jointly study the proposal that state law prohibit health care providers
from varying the amount that they accept as full payment for a health care
service based upon the identity of the payer, upon a contracted arrangement
with a payer, upon the identity of the patient, or upon whether the patient has
coverage through a group purchaser, as defined in Minnesota Statutes, section
62J.03, subdivision 6.� The commissioners
shall submit a report to the legislature that includes the results of the study
by July 1, 2007.� The proposal does not
apply if the payer is a government entity, and the proposal does not prevent
care for a reduced price based upon financial hardship if otherwise permitted
by law.
Subd. 2.� Focus of study.� The study described in subdivision 1 must
focus primarily upon how best to implement the proposal, taking into account
its effects upon the health care and health coverage markets, including any
necessary related changes.
Sec. 31.� REPEALER. �
Minnesota Statutes 2004, section 62J.17, and Minnesota
Statutes 2005 Supplement, section 62Q.251, are repealed.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
ARTICLE 6
HUMAN SERVICES FORECAST ADJUSTMENTS
����� Section 1.�
DEPARTMENT OF HUMAN SERVICES
FORECAST ADJUSTMENT
The dollar amounts shown are added to or, if shown in
parentheses, are subtracted from the appropriations in Laws 2005, First Special
Session chapter 4, article 9, and are appropriated from the general fund, or
any other fund named, to the Department of Human Services for the purposes
specified in this article, to be available for the fiscal year indicated for
each purpose.� The figures
"2006" and "2007" used in this article means that the
appropriation or appropriations listed are available for the respective fiscal
year ending June 30, 2006 or June 30, 2007.
SUMMARY BY FUND
��������������������������������������������������������������������������������������������������������������������������������������������������������������� 2006������������������������������� 2007
General
Fund������������������������������������������������������������������������������������������������������������������������� $(58,333,000)���������������� $(17,589,000)
Health Care
Access��������������������������������������������������������������������������������������������������������������� (44,511,000)������������������ (62,360,000)
TANF��������������������������������������������������������������������������������������������������������������������������������������� (13,807,000)�������������������� (3,866,000)
TOTAL�������������������������������������������������������������������������������������������������������������������������������� $(116,651,000)���������������� $(83,815,000)
����� Sec. 2.�
COMMISSIONER OF HUMAN SERVICES
�������������
����� Subdivision 1.� Total
Appropriation ������������������������������������������������������������������������ $(116,651,000)���������������� $(83,815,000)
Summary by
Fund
Allgemein����������������������������� (58,333,000)�������������������������� (17,589,000)
Health Care
Access������� (44,511,000)�������������������������� (62,360,000)
TANF������������������������������� (13,807,000)���������������������������� (3,866,000)
����� Subd. 2.� Revenue
and Pass-Through
TANF����������������������������������������������������������������������������������������������������������������������������������� (1,446,000)����� (1,177,000)
����� Subd. 3.� Children and Economic Assistance Grants
Allgemein��������������������������������������������������������������������������������������������������������������������������������� (4,469,000)����� 1,785,000
TANF��������������������������������������������������������������������������������������������������������������������������������� (12,361,000)����� (2,689,000)
The amount that may be spent
from this appropriation for each purpose is as follows:
(a) Minnesota Family
Investment Program
Allgemein����������������������������������������������������������������������������������������������������������������������������������� 6,048,000����� (393,000)
TANF��������������������������������������������������������������������������������������������������������������������������������� (12,361,000)����� (2,689,000)
(b) MFIP Child Care
Assistance Grants
General Fund���������������������������������������������������������������������������������������������������������������������� (5,090,000)����� 2,751,000
(c) General Assistance����������������������������������������������������������������������� ��������������������������������� 2,540,000����� 3,947,000
(d)
Minnesota Supplemental Aid��������������������������������������������������������������������������������������������� (285,000)�������������������������� 551,000
(e) Group
Residential Housing����������������������������������������������������������������������������������������������� (7,682,000)�������������������� (5,071,000)
����� Subd. 4.� Basic
Health Care Grants ����������������������������������������
Allgemein������������������������������������������������������������������������������������������������������������������������������������� (19,022,000)��������������������� 10,499,000
Health Care
Access��������������������������������������������������������������������������������������������������������������� (44,511,000)������������������ (62,360,000)
The
amount that may be spent from this appropriation for each purpose is as
follows:
(a)
MinnesotaCare Health Care Access����������������������������������������������������������������������������� (44,511,000)������������������ (62,360,000)
(b) MA
Basic Health Care - Families and Children
Allgemein������������������������������������������������������������������������������������������������������������������������������������� (29,882,000)������������������ (54,401,000)
(c) MA
Basic Health Care - Elderly and Disabled
Allgemein��������������������������������������������������������������������������������������������������������������������������������������� (2,857,000)��������������������� 33,179,000
(d) General
Assistance Medical Care
Allgemein���������������������������������������������������������������������������������������������������������������������������������������� 13,717,000��������������������� 31,721,000
����� Subd. 5.� Continuing
Care Grants
Allgemein������������������������������������������������������������������������������������������������������������������������������������� (34,842,000)������������������ (29,873,000)
The amount that may be spent
from this appropriation for each purpose is as follows:
(a) MA
Long-Term Care Waivers������������������������������������������������������������������������������������������������������������
Allgemein������������������������������������������������������������������������������������������������������������������������������������� (23,368,000)������������������ (35,953,000)
(b) MA
Long-Term Care Facilities�����������������������������������������������������������������������������������������������������������
Allgemein������������������������������������������������������������������������������������������������������������������������������������� (16,251,000)�������������������� (5,202,000)
(c)
Chemical Dependency Entitlement Grants��������������������������������
Allgemein������������������������������������������������������������������������������������������������������������������������������������������ 4,777,000��������������������� 11,282,000
����� EFFECTIVE
DATE.� This section is
effective the day following final enactment.
ARTICLE 7
APPROPRIATIONS
����� Section 1.�
SUPPLEMENTAL APPROPRIATIONS.
The appropriations in this article are added to or, if shown
in parentheses, subtracted from the appropriations enacted into law by the
legislature in 2005, or other specified law, to the named agencies and for the
specified programs or activities.� The
sums shown are appropriated from the general fund, or another named fund, to be
available for the fiscal years indicated: 2006 is the fiscal year ending June
30, 2006; 2007 is the fiscal year ending June 30, 2007; and the biennium is
fiscal years 2006 and 2007.�
Supplementary appropriations and reductions to appropriations for the
fiscal year ending June 30, 2006, are effective the day following final
enactment.
SUMMARY
BY FUND
�������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� BIENNIAL
����������������������������������������������������������������������������������������������������������������������� 2006������������������������������� 2007������������������������� TOTAL
Allgemein���������������������������������������������������������������������������������������������� $35,250,000������������������� $53,402,000������������������� $88,652,000
State
Government Special Revenue Fund������������������������������������������ 514,000�������������������������� 679,000����������������������� 1,193,000
Health Care
Access Fund����������������������������������������������������������������������������� -0-����������������������� 1,689,000����������������������� 1,689,000
TOTAL��������������������������������������������������������������������������������������������� $35,764,000������������������� $55,770,000������������������� $91,534,000
����������������������������������������������������������������������������������������������������� ������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 2.�
COMMISSIONER OF HUMAN SERVICES
����� Subdivision 1.� Total
Appropriation ����������������������������������������������������������������������������� $35,250,000������������������� $53,256,000
Summary by
Fund
Allgemein�������������������������������� 35,250,000����������������������������� 51,527,000
Health Care
Access ���������������������� -0-������������������������������� 1,729,000
����� Subd. 2.� Children
and Economic Assistance Management
Summary by
Fund
Allgemein��������������������������������������������� -0-�������������������������������������� 8,000
(a)
Children and Economic Assistance Operations
���������������������������������������������������������� -0-�������������������������������������� 8,000
CHILDREN AND
ECONOMIC ASSISTANCE OPERATIONS BASE ADJUSTMENT.� The general fund base for children
and economic assistance operations shall be decreased by $8,000 in fiscal year
2008 and $8,000 in fiscal year 2009.
����� Subd. 3.� Health
Care Grants
Summary by
Fund
Allgemein��������������������������������������������� -0-���������������������������� (2,950,000)
Health Care
Access����������������������� -0-������������������������������������������ -0-
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
(a)
MinnesotaCare Grants Health Care Access
���������������������������������������������������������� -0-������������������������������������������ -0-
(b) Medical
Assistance Basic Health Care - Families and Children
Allgemein��������������������������������������������� -0-���������������������������� (2,625,000)
(c) Medical
Assistance Basic Health Care - Elderly and Disabled
Allgemein��������������������������������������������� -0-������������������������������� (325,000)
(d) General
Assistance Medical Care
Allgemein��������������������������������������������� -0-������������������������������������������ -0-
����� Subd. 4.� Health Care Management �����������������������������������������
Summary by
Fund
Allgemein��������������������������������������������� -0-������������������������������� 2,120,000
Health Care
Access����������������������� -0-������������������������������� 1,729,000
(a) Health
Care Administration
Allgemein��������������������������������������������� -0-������������������������������� 2,015,000
HEALTH CARE ADMINISTRATION BASE
ADJUSTMENT. The general fund base for health care
administration shall be decreased by $312,000 in fiscal year 2008 and decreased
by $859,000 in fiscal year 2009.
INCREASED STAFF FOR ENROLLING PERSONS WITH DISABILITIES IN MANAGED CARE.� $124,000 is
appropriated from the general fund to the commissioner of human services in
fiscal year 2007 to increase staff for the development and management of
contract requirements associated with enrolling persons with disabilities in
managed care.
(b) Health
Care Operations
Allgemein��������������������������������������������� -0-���������������������������������� 105,000
Health Care
Access����������������������� -0-������������������������������� 1,729,000
HEALTH CARE OPERATIONS BASE ADJUSTMENT.� The general
fund base for health care operations shall be decreased by $81,000 in fiscal
year 2008 and increased by $7,000 in fiscal year 2009.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
HEALTH CARE OPERATIONS BASE ADJUSTMENT.� The health
care access fund base for health care operations shall be decreased by
$1,094,000 in fiscal year 2008 and $1,094,000 in fiscal year 2009.
����� Subd. 5.� Continuing Care Grants
Summary by
Fund
Allgemein������������������������������������� 250,000������������������������������� (573,000)
(a) Medical
Assistance Long-term Care Facilities
Allgemein��������������������������������������������� -0-���������������������������� (1,409,000)
(b) Medical
Assistance Long-term Care Waivers
Allgemein��������������������������������������������� -0-������������������������������� (414,000)
ADDITIONAL WAIVER ALLOCATIONS. �Notwithstanding the
waiver growth limits in Laws 2005, First Special Session chapter 4, article 9,
section 2, paragraph (d), the commissioner may allocate an additional waiver
allocation under Minnesota Statutes, section 256B.49, for a recipient of
personal care assistant services who is eligible for and chooses waivered
services and received personal care assistant services from a provider who was
billing for a service delivery model for that recipient other than individual
or shared care on March 1, 2006.
(c) Adult
and Aging Services Grants
Allgemein������������������������������������� 250,000������������������������������� 1,250,000
AGING AND ADULT SERVICES GRANTS FOR MEDICARE PART D.� $250,000 in
fiscal year 2006 and $1,250,000 in fiscal year 2007 is appropriated from the
general fund to the commissioner of human services for grants awarded through
the Minnesota Board on Aging to area Agencies on Aging to provide information
and enrollment assistance for the Medicare Part D program.
MEDICARE PART D INFORMATION AND ASSISTANCE REIMBURSEMENT.� Federal
administrative reimbursement obtained from information and assistance services
provided by the Senior Linkage or Disability Linkage lines to people who are
identified as eligible for medical assistance shall be appropriated to the
commissioner for this activity.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
AGING AND ADULT SERVICES GRANTS BASE ADJUSTMENT.� The general
fund base for aging and adult services grants is decreased by $250,000 in
fiscal year 2008 and $250,000 in fiscal year 2009 for information and
assistance grants to area agencies on aging for assisting with Medicare Part D.
����� Subd. 6.� Continuing Care Management ��������������������������������
Allgemein��������������������������������������������� -0-���������������������������������� 113,000
CONTINUING CARE MANAGEMENT BASE ADJUSTMENT.�
The general fund base for continuing care management shall be
decreased by $30,000 in fiscal year 2009.
����� Subd. 7.� State-Operated Services �������������������������������������������
Allgemein�������������������������������� 35,508,000����������������������������� 53,909,000
MINNESOTA SECURITY HOSPITAL.� For the
purposes of enhancing the safety of the public, improving supervision, and
enhancing community-based mental health treatment, state-operated services may
establish additional community capacity for providing treatment and supervision
of clients who have been ordered into a less restrictive alternative of care
from the state-operated services transition services program consistent with
Minnesota Statutes, section 246.014.
STATE-OPERATED SERVICES BASE ADJUSTMENT.� The general
fund base for state-operated services is increased by $11,403,000 in fiscal
year 2008 and increased by $1,779,000 in fiscal year 2009.
����� Sec. 3.� COMMISSIONER OF HEALTH
����� Subdivision 1.� Total Appropriation ���������������������������������������������������������������������������������������������� -0-�������������������� 1,133,000
Summary by
Fund
Allgemein��������������������������������������������� -0-������������������������������� 1,116,000
State
Government Special Revenue�
���������������������������������������������������������� -0-������������������������������������ 57,000
Health Care
Access����������������������������
���������������������������������������������������������� -0-��������������������������������� (40,000)
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Subd. 2.� Policy Quality and Compliance
Summary by
Fund
Allgemein��������������������������������������������� -0-���������������������������������� 116,000
State
Government Special Revenue�
���������������������������������������������������������� -0-���������������������������������� 140,000
Health Care
Access����������������������� -0-��������������������������������� (40,000)
POLICY QUALITY AND COMPLIANCE BASE
ADJUSTMENT.� The general fund base for Policy
Quality and Compliance is decreased by $20,000 in fiscal year 2009.
ASSISTED LIVING.� (a) $140,000 is appropriated from
the state government special revenue fund to the commissioner of health for the
biennium ending June 30, 2007, for costs related to bringing actions for
injunctive relief under Minnesota Statutes, section 144G.02, subdivision 2,
paragraph (b).
(b) The
state government special revenue base is increased by $140,000 in fiscal year
2008 and $140,000 in fiscal year 2009.
����� Subd. 3.� Health Protection
Summary by
Fund
Allgemein��������������������������������������������� -0-������������������������������� 1,000,000
State
Government Special Revenue�
���������������������������������������������������������� -0-��������������������������������� (83,000)
PANDEMIC INFLUENZA PREPAREDNESS.� $1,000,000
from the general fund is for preparation, planning, and response to an outbreak
of influenza.� The base for this is
$1,000,000 in fiscal years 2008 and 2009 and $0 in 2010 and thereafter.
����� Sec. 4.� VETERANS NURSING HOMES BOARD
Allgemein��������������������������������������������� -0-���������������������������������� 759,000
This
appropriation is added to appropriations in Laws 2005, First Special Session
chapter 4, article 9, section 4.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
BASE ADJUSTMENT.� The general fund base is increased
by $3,945,000 in fiscal year 2008 and $3,945,000 in fiscal year 2009 for the
Veterans Homes Board.
����� Sec. 5.�
HEALTH-RELATED BOARDS
State
Government Special Revenue�
�������������������������������������������������� 514,000���������������������������������� 572,000
����� Subdivision 1.� Board of Chiropractic Examiners ��������������������������������������������������������� 5,000����� 5,000
BOARD OF
CHIROPRACTIC EXAMINERS
APPROPRIATION INCREASE.� (a) This appropriation is added to
appropriations in Laws 2005, First Special Session chapter 4, article 9,
section 5, subdivision 3.� This is a
onetime appropriation.
(b) This
increase is to correct programming difficulties incurred during implementation
of payment processing changes.
����� Subd. 2.� Board of Dentistry ��������������������������������������������������������������������������������������������������� -0-����� 67,000
BOARD OF DENTISTRY APPROPRIATION INCREASE.� (a) This
appropriation is added to appropriations in Laws 2005, First Special Session
chapter 4, article 9, section 5, subdivision 4.
(b) This
increase is to retain a legal analyst as part of the board staff.
����� Subd. 3.� Board of Medical Practice ����������������������������������������������������������������������������� 500,000����� 500,000
BOARD OF MEDICAL PRACTICE INCREASE.� (a) This
appropriation is added to appropriations in Laws 2005, First Special Session
chapter 4, article 9, section 5, subdivision 7.�
This is a onetime appropriation.
(b) This
increase is to cover higher than expected costs of investigation and legal
action.
����� Subd. 4.� Board of Physical Therapy �������������������������������������������������������������������������������� 9,000����� -0-
BOARD OF PHYSICAL THERAPY APPROPRIATION INCREASE.� (a) This
appropriation is added to appropriations in Laws 2005, First Special Session
chapter 4, article 9, section 5, subdivision 12.� This is a onetime appropriation.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
(b) This
increase is to correct programming difficulties incurred during implementation
of payment processing changes.
����� Sec. 6.�
EMERGENCY MEDICAL SERVICES
BOARD
State
Government Special Revenue
���������������������������������������������������������� -0-������������������������������������ 50,000
EMERGENCY MEDICAL SERVICES BOARD APPROPRIATION INCREASE.� (a) This
appropriation is added to appropriations in Laws 2005, First Special Session
chapter 4, article 9, section 5, subdivision 12.
(b) This
increase is to be spent by the health professional service program from the
state government special revenue fund.
Sec.
7.� TRANSFER.�
On June 30, 2006, the commissioner of finance shall transfer
the balances in the tobacco use prevention and local public health endowment
fund and the medical education endowment fund to the general fund.� These balances result from investment income
credited to the funds after the transfer of balances on July 1, 2003.� The amount transferred under this section is
estimated to be $2,933,000.
Sec. 8.� REVISOR'S INSTRUCTION.�
The revisor of statutes shall correct internal
cross-references to sections that are affected by section 9, the repealer
section of this article.� The revisor may
make changes necessary to correct the punctuation, grammar, or structure of the
remaining text and preserve its meaning.
Sec. 9.� REPEALER.�
Minnesota Statutes 2004, sections 62J.694; and 144.395, are
repealed."
Delete the title and insert:
"A bill for an act relating to government operations;
making changes to health and human services programs; modifying human service
policy; modifying health policy; modifying health care cost containment
provisions; changing provisions for federal health care compliance; changing
provisions in state health care programs; modifying long-term care and mental
health provisions; establishing community electronic health collaboratives;
requiring a description of annuities for medical assistance payments for
long-term care; amending the assisted living bill of rights; establishing the
pharmacy payment reform advisory committee; requiring certain abortion
notification data; providing penalties; prohibiting pharmacists from refusing
to dispense a prescription drug; modifying provisions of the Women's Right to
Know Act; prohibiting the use of state funds for abortions; requiring reports;
appropriating money; making forecast adjustments; amending Minnesota Statutes
2004, sections 13.3806, by adding a subdivision; 62A.045; 62D.02, subdivision
4, by adding a subdivision; 62D.03, subdivision 1; 62D.05, subdivision 1;
62D.095, subdivisions 3, 4, by adding a subdivision; 62E.11, subdivision 13;
62J.81, subdivision 1; 62S.05, by adding a subdivision; 62S.08, subdivision 3;
62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding a subdivision;
62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24, subdivisions 1,
3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding a subdivision;
62S.26; 62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30; 72A.20, by
adding a subdivision; 123A.21, subdivision 7; 144.0724, subdivision 4;
144.6501, subdivision 6; 144.698, by adding a subdivision; 144A.071,
subdivisions 4a, 4c; 144A.4605; 144D.01, by adding a subdivision; 144D.015;
144D.02; 144D.03, subdivision 2, by adding a subdivision; 144D.04; 144D.05;
144D.065; 145.4241, by adding subdivisions; 151.214, subdivision 1; 256.01,
subdivision 18, by adding a subdivision; 256B.02, subdivision 9; 256B.056,
subdivision 2, by adding subdivisions; 256B.0595, subdivisions 1, 3, 4;
256B.431, by adding a subdivision; 256B.434, by adding a subdivision; 256B.438,
subdivision 4; 256B.69, subdivision 9, by adding a subdivision; 256B.692,
subdivision 6; 256B.76; 256D.03, by adding a subdivision; 256L.04, subdivision
10; 256L.17, subdivision 3; 295.52, by adding a subdivision; Minnesota Statutes
2005 Supplement, sections 62J.052; 145.4242; 157.16, subdivision 3a; 214.071;
256B.0571; 256B.0595, subdivision 2; 256B.06, subdivision 4; 256B.434,
subdivision 4; 256B.69, subdivision 23; 256D.03, subdivision 3; 256L.05,
subdivision 2; Laws 2003, First Special Session chapter 14, article 12, section
93, as amended; Laws 2005, First Special Session chapter 4, article 8, section
84; proposing coding for new law in Minnesota Statutes, chapters 62J; 62M; 62Q;
62S; 144; 144A; 144D; 145; 151; 214; 245; 256B; proposing coding for new law as
Minnesota Statutes, chapter 144G; repealing Minnesota Statutes 2004, sections
62J.17; 62J.694; 144.395; 256B.692, subdivision 10; Minnesota Statutes 2005
Supplement, sections 62Q.251; 256B.0571, subdivisions 2, 5, 11; Minnesota
Rules, part 4668.0215."
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Ozment from the Committee on Agriculture, Environment and
Natural Resources Finance to which was referred:
H. F. No. 3810, A bill for an act relating to agriculture;
appropriating money to the Board of Animal Health for tuberculosis testing in
cattle.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� SUPPLEMENTAL APPROPRIATIONS.
����� The appropriations in this act are
added to or, if shown in parentheses, subtracted from the appropriations
enacted into law by the legislature in 2005, or other specified law, to the
named agencies and for the specified programs or activities.� The sums shown are appropriated from the
general fund, or another named fund, to be available for the fiscal years
indicated; 2006 is the fiscal year ending June 30, 2006, 2007 is the fiscal
year ending June 30, 2007, and the biennium is fiscal years 2006 and 2007.� Supplementary appropriations and reductions
to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
������������������������������������������������������������������������������������������������������������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 2.�
DEPARTMENT OF AGRICULTURE
����� Subdivision 1.� Total
Appropriations ���������������������������������������������������������������������������������� $27,000������������������������ $360,000
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
Summary by
Fund
General Fund���������������������������� 27,000���������������������������������� 360,000
The amounts that may be spent
for each activity are specified in the following subdivisions.
����� Subd. 2.� Invasive
species control
$105,000 in 2007 is for
invasive species control activities.
����� Subd. 3.� Livestock
depredation and crop damage
$40,000 in 2006 and $53,000
in 2007 is to make compensation payments for livestock depredation and crop
damage.
����� Subd. 4.� Biofuels
$75,000 in 2007 is for
promotion of greater public and private use of biofuels and other renewable
energy products that can be made in Minnesota to replace petroleum sources.
����� Subd. 5.� Plant
pathology
$140,000 in 2007 is for plant
pathology and biological control facility operations.
����� Subd. 6.� Apiary
registration
($13,000) in 2006 and
($13,000) in 2007 is reduced from the appropriation for apiary registration.
����� Sec. 3.�
BOARD OF ANIMAL HEALTH
$277,000 in 2006 and $360,000
in 2007 is to eliminate bovine tuberculosis from cattle herds in
Minnesota.� This is a onetime
appropriation.
Sec. 4.� Minnesota
Statutes 2004, section 3.737, subdivision 1, is amended to read:
Subdivision 1.� Compensation required.� (a) Notwithstanding section 3.736,
subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray
wolf or is so crippled by a gray wolf that it must be destroyed.� Except as provided in this section, the
owner is entitled to the fair market value of the destroyed livestock as
determined by the commissioner, upon recommendation of a university extension
agent or a conservation officer.� In
any calendar year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to
$20,000 per claim, as determined under this section.� In any calendar year, the commissioner may
provide compensation for claims filed pursuant to this section and section
3.7371 to a total of $100,000 for both programs combined.
(b)
Either the agent or the conservation officer must make a personal inspection of
the site.� The agent or the conservation
officer must take into account factors in addition to a visual identification
of a carcass when making a recommendation to the commissioner.� The commissioner, upon recommendation of the
agent or conservation officer, shall determine whether the livestock was
destroyed by a gray wolf and any deficiencies in the owner's adoption of the
best management practices developed in subdivision 5.� The commissioner may authorize payment of
claims only if the agent or the conservation officer has recommended
payment.� The owner shall file a claim on
forms provided by the commissioner and available at the university extension
agent's office.
Sec. 5.� Minnesota
Statutes 2004, section 3.7371, subdivision 3, is amended to read:
Subd. 3.� Compensation.� The crop owner is entitled to the target
price or the market price, whichever is greater, of the damaged or destroyed
crop plus adjustments for yield loss determined according to agricultural
stabilization and conservation service programs for individual farms, adjusted
annually, as determined by the commissioner, upon recommendation of the county
extension agent for the owner's county.�
The commissioner, upon recommendation of the agent, shall determine
whether the crop damage or destruction is caused by elk and, if so, the amount
of the crop that is damaged or destroyed.�
In any calendar year, a crop owner may not be compensated for a damaged
or destroyed crop that is less than $100 in value and may be compensated up to
$20,000, as determined under this section, if normal harvest procedures for the
area are followed.� In any calendar
year, the commissioner may provide compensation for claims filed pursuant to this
section and section 3.737 to a total of $100,000 for both programs combined.
Sec. 6.� [17.445] INSPECTIONS AND SERVICES; FEES.�
Subdivision 1.�
Definitions.� For the purposes of this section, the
definitions in this subdivision have the meanings given them.
(a) "Apiary" means a place where a collection of
one or more hives or colonies of bees or the nuclei of bees are kept.
(b) "Bees" means any stage of the common honey bee,
Apis mellifera (L).
(c) "Bee equipment" means hives, supers, frames,
veils, gloves, and any apparatus, tool, machine, vehicle, or other device used
in the handling, moving, or manipulating of bees, honey, wax, or hives,
including containers of honey or wax, which may be used in an apiary or in
transporting bees and their products and apiary supplies.
(d) "Commissioner" means the commissioner of
agriculture or the commissioner's designees or authorized agents.
Subd. 2.� Purpose.� To ensure continued access to foreign and
domestic markets, the commissioner shall provide requested bee inspections and
other necessary services.
Subd. 3.� Inspections and other services.� On request, the commissioner may make
inspections for sale of bees, bee equipment, or appliances or perform other
necessary services.
Subd. 4.� Fees.� The commissioner shall charge a fee or
charge for expenses so as to recover the cost of performing the inspections and
services in subdivision 3.� If a person
for whom these inspections or services are to be performed requests it, the
commissioner shall provide to the person in advance an estimate of the fees or
expenses that will be charged.� All fees
and charges collected under this section shall be deposited in the state
treasury and credited to the general fund.
Sec.
7.� Minnesota Statutes 2004, section
18C.305, is amended by adding a subdivision to read:
Subd. 3.� Exemption.� A permit and safeguard is not required for
a person who stores on the person's own property and for the person's own use
no more than 6,000 gallons of liquid commercial fertilizer.
Sec. 8. �[18C.70] MINNESOTA AGRICULTURAL
FERTILIZER RESEARCH AND EDUCATION COUNCIL.�
Subdivision 1.�
Establishment; membership.� (a) The Minnesota Agricultural Fertilizer
Research and Education Council is established.�
The council is composed of 12 voting members as follows:
(1) two members of the Minnesota Crop Production Retailers;
(2) one member of the Minnesota Corn Growers Association;
(3) one member of the Minnesota Soybean Growers Association;
(4) one member of the sugar beet growers industry;
(5) one member of the Minnesota Association of Wheat Growers;
(6) one member of the potato growers industry;
(7) one member of the Minnesota Farm Bureau;
(8) one member of the Minnesota Farmers Union;
(9) one member from the Minnesota Irrigators Association;
(10) one member of the Minnesota Grain and Feed Association;
and
(11) one member of the Minnesota Independent Crop Consultant
Association or the Minnesota certified crop advisor program.
(b) Council members shall serve three-year terms.� After the initial council is appointed,
subsequent appointments must be staggered so that one-third of council
membership is replaced each year.�
Council members must be nominated by their organizations and appointed
by the commissioner.� The council may add
ex-officio members at its discretion.�
The council shall meet at least once per year, with all related expenses
reimbursed by members' sponsoring organizations or by the members themselves.
Subd. 2.� Powers and duties.� The council shall review applications and
select projects to receive agricultural fertilizer research and education
program grants, as authorized in section 18C.71.� The council shall establish a program to
provide grants to research, education, and technology transfer projects related
to agricultural fertilizer, soil amendments, and plant amendments.� For the purpose of this section,
"fertilizer" includes soil amendments and plant amendments.� The commissioner shall have authority over
all deposits to and withdrawals from the program account authorized in
subdivision 4, but after January 1, 2008, the council may select the
commissioner or any other person it deems fit to perform all other
administrative duties related to the program.�
The commissioner shall be responsible for all fiscal and administrative
duties in the first year and may use up to eight percent of program revenue to
offset costs incurred.� No later than
October 1, 2007, the commissioner shall provide the council with an estimate of
the annual costs the Department of Agriculture would incur in administering the
program.
Subd.
3.
Subd. 4.� Program account.� There is established in the state
treasury an agricultural fertilizer research and education program account in
the agricultural fund.� The checkoff
funds raised under this section must be deposited in the account.� Money in the account, including interest
earned, is appropriated to the commissioner to carry out the program and to
refund checkoff funds as described in subdivision 5.
Subd. 5.� Refunds.� Any producer may, by use of forms provided
by the commissioner, and upon presentation of such proof as the commissioner
requires, have the checkoff fee refunded, provided the checkoff fee was
remitted on a timely basis.� The producer
must submit refund requests to the commissioner by February 28 each year for
checkoff fees paid in the previous calendar year.� For checkoff fees paid between January 1,
2007, and January 1, 2008, refunds shall not be issued until January 15, 2008.
Subd. 6.� Rules.� The commissioner's duties under this
section and section 18C.71 are not subject to the provisions of chapter 14.
Subd. 7.� Expiration.� This section expires on January 8, 2017.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec. 9.� [18C.71] MINNESOTA AGRICULTURAL
FERTILIZER RESEARCH AND EDUCATION PROGRAM.�
Subdivision 1.�
Eligible projects.� Eligible project activities include
research, education, and technology transfer related to the production and
application of fertilizer, soil amendments, and other plant amendments.� Chosen projects must contain a component of
outreach that achieves a timely dissemination of findings and their
applicability to the production agricultural community.
Subd. 2.� Awarding grants.� Applications for program grants shall be
submitted in the form prescribed by the Minnesota Agricultural Fertilizer
Research and Education Council.�
Applications must be submitted on or before the deadline prescribed by
the council.� All applications are
subject to a thorough in-state review by a peer committee established and
approved by the council.� Each project
meeting the basic qualifications is subject to a yes or no vote by each council
member.� Projects chosen to receive
funding must achieve an affirmative vote from at least eight of the 12 council
members or two-thirds of voting members present.� Projects awarded program funds must submit an
annual progress report in the form prescribed by the council.�
Subd. 3.� Annual audit.� The program must have an annual audit of
financial activities, which the council must file with the commissioner on or
before June 1 for the immediately preceding year ending December 31.
Subd. 4.� Expiration.� This section expires January 8, 2017.
EFFECTIVE
DATE.� This section is
effective January 1, 2007.
Sec.
10.� Minnesota Statutes 2004, section
28A.15, subdivision 4, is amended to read:
Subd. 4.� Chapter 19 or 221 licensees
permittees; warehouse operators.�
Any persons required to be licensed under chapter 19 or Trucks
operating under a certificate or permit issued pursuant to chapter 221 or
warehouse operators, other than cold storage warehouse operators, offering
storage or warehouse facilities for compensation.
Sec. 11.� Minnesota
Statutes 2005 Supplement, section 35.05, is amended to read:
35.05 AUTHORITY OF STATE
BOARD.�
(a) The state board may quarantine or kill any domestic
animal infected with, or which has been exposed to, a contagious or infectious
dangerous disease if it is necessary to protect the health of the domestic
animals of the state.
(b) The board may regulate or prohibit the arrival in and
departure from the state of infected or exposed animals and, in case of
violation of any rule or prohibition, may detain any animal at its owner's
expense.� The board may regulate or
prohibit the importation of domestic animals which, in its opinion, may injure
the health of Minnesota livestock.
(c) When the governor declares an emergency under section
35.0661, the board, through its executive director, may assume control of such
resources within the University of Minnesota's Veterinary Diagnostic Laboratory
as necessary to effectively address the disease outbreak.� The director of the laboratory and other
laboratory personnel must cooperate fully in performing necessary functions
related to the outbreak or threatened outbreak.
(d) The board may test or require tests of any bovine or
cervidae in the state when the board deems it necessary to achieve or maintain
bovine tuberculosis accredited free state or zone status under the regulations
and laws administered by the United States Department of Agriculture.
(e) Rules adopted by the board under authority of this
chapter must be published in the State Register.
Sec. 12.� Minnesota
Statutes 2005 Supplement, section 327.201, is amended to read:
327.201 STATE FAIR CAMPING
AREA.�
Notwithstanding sections 327.14 to 327.28 or any rule adopted
by the commissioner of health, the State Agricultural Society must operate and
maintain a camping area on the State Fairgrounds during the State Fair and
the Minnesota Street Rod Association's "Back to the 50s" event,
subject to the following conditions:
(1) recreational camping vehicles and tents, including their
attachments, must be separated from each other and from other structures by at
least seven feet;
(2) a minimum area of 300 square feet per site must be
provided and the total number of sites must not exceed one site for every 300
square feet of usable land area; and
(3) each site must face a driveway at least 16 feet in width
and each driveway must have unobstructed access to a public roadway.
Sec. 13.� [604.17] PERSONAL RESPONSIBILITY IN FOOD
CONSUMPTION ACT.�
Subdivision 1.�
Title.� This section may be cited as the Personal
Responsibility in Food Consumption Act.
Subd. 2.� Definitions.� (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Long-term consumption" means the cumulative effect of the
consumption of food or nonalcoholic beverages, and not the effect of a single
instance of consumption.
(c) "Party" means an individual, corporation,
company, association, firm, partnership, society, joint stock company, or any
other entity, including any governmental entity.
Subd. 3.� Immunity from civil liability.� A producer, grower, manufacturer, packer,
distributor, carrier, holder, marketer, or seller of a food or nonalcoholic
beverage intended for human consumption, or an association of one or more of
such entities, shall not be subject to civil liability based on any
individual's or group of individuals' purchase or consumption of food or
nonalcoholic beverages in cases where liability arises from weight gain or
obesity resulting from the individual's or group of individuals' long-term
purchase or consumption of a food or nonalcoholic beverage.
Subd. 4.� Actions permitted.� Subdivision 3 does not apply to a claim of
weight gain or obesity that is based on:
(1) a material violation of an adulteration or misbranding
requirement prescribed by state or federal statute, rule, or regulation and the
claimed injury was proximately caused by the violation; or
(2) any other material violation of federal or state law
applicable to the manufacturing, marketing, distribution, advertising,
labeling, or sale of food and the claimed injury was proximately caused by the
violation.
EFFECTIVE
DATE.� This section is
effective the day after final enactment and applies to any action brought by
any party on or after the effective date.
Sec. 14.� ENERGY AND CONSERVATION; STUDY.�
The commissioner of agriculture, in consultation with the
Minnesota Resource Conservation and Development Council, the Board of Water and
Soil Resources, and the commissioner of natural resources, shall study the feasibility
of developing energy sources as they relate to land enrolled under federal farm
programs or under state easement programs in Minnesota.� The commissioner shall submit a report, with
findings and recommendations, to the governor and the legislature by February
15, 2007.
Sec. 15.� MILK VOLUME PRODUCTION LOAN PROGRAM
FUNDING STUDY.�
Subdivision 1.�
Study.� The commissioners of agriculture and
employment and economic development must study the feasibility of a public and
private partnership to fund a milk volume production loan program that would
make low-interest loans to dairy producers of $500 per cow, up to 100 cows per
producer, as part of the producers' dairy capital improvement projects designed
to increase milk production in Minnesota.�
The study must determine whether there is sufficient interest among
agricultural lenders, private agribusiness, and the dairy industry to establish
an adequate revolving loan fund for the program, consisting of private
donations matched by public funding from existing economic development funds,
rural development funds, or additional legislative appropriations.
Subd. 2.� Report.� By January 2, 2007, the commissioners of
agriculture and employment and economic development must report on the results
of the study required in subdivision 1 to the chairs of the committees of the
house of representatives and the senate with jurisdiction over agricultural
policy.� The report must include
recommendations on the following items:
(1) estimated program administration costs;
(2) the terms of a milk volume production loan including, but not limited to,
amortization options and the rate of interest required only to cover program
administration costs;
(3) producer loan eligibility criteria; and
(4) the amount of annual private contributions and public
matching funds needed to establish a sustainable and effective revolving loan
program for milk volume production loans.
Sec. 16.� REPEALER.�
Minnesota Statutes 2004, sections 17.10; 19.50, subdivisions
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 14, 15, 17, and 18; 19.51,
subdivisions 1 and 2; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58,
subdivisions 1, 2, 4, 5, and 9; 19.59; 19.61, subdivision 1; 19.63; and 19.65,
and Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1, are
repealed.
Sec. 17.� EFFECTIVE DATE.�
Unless otherwise specified, this article is effective the day
following final enactment."
Delete the title and insert:
"A bill for an act relating to appropriations;
appropriating money and supplementing and reducing appropriations for
agriculture; modifying certain programs; establishing the Minnesota
Agricultural Fertilizer Research and Education Council and grant program;
providing for apiary inspections; modifying State Fair camping provisions;
creating the Personal Responsibility in Food Consumption Act; requiring
studies; repealing regulation of beekeeping; amending Minnesota Statutes 2004,
sections 3.737, subdivision 1; 3.7371, subdivision 3; 18C.305, by adding a
subdivision; 28A.15, subdivision 4; Minnesota Statutes 2005 Supplement,
sections 35.05; 327.201; proposing coding for new law in Minnesota Statutes,
chapters 17; 18C; 604; repealing Minnesota Statutes 2004, sections 17.10;
19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 14, 15, 17,
18; 19.51, subdivisions 1, 2; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58,
subdivisions 1, 2, 4, 5, 9; 19.59; 19.61, subdivision 1; 19.63; 19.65;
Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
Gunther from the Committee on Jobs and Economic Opportunity
Policy and Finance to which was referred:
H. F. No. 3944, A bill for an act relating to human services;
modifying child care assistance parent fees; amending Minnesota Statutes 2004,
section 119B.12, subdivision 2.
Reported the same back with the recommendation that the bill
pass and be re-referred to the Committee on Rules and Legislative
Administration.
����� The report was adopted.
Gunther
from the Committee on Jobs and Economic Opportunity Policy and Finance to which
was referred:
H. F. No. 4062, A bill for an act relating to appropriations;
appropriating money and supplementing or reducing appropriations for various
economic development and human services programs or activities; making forecast
adjustments; amending Minnesota Statutes 2004, sections 16B.61, subdivision 1a;
16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 119B.03, subdivision 4;
256J.021; 256J.626, subdivision 2; 326.105; 326.992; 327.33, subdivisions 2, 6;
327B.04, subdivision 7; 446A.12, subdivision 1; 471.471, subdivision 4;
518.551, subdivision 7; Minnesota Statutes 2005 Supplement, section 446A.073;
proposing coding for new law in Minnesota Statutes, chapters 116J; 341;
proposing coding for new law as Minnesota Statutes, chapter 326B; repealing
Minnesota Statutes 2004, sections 16B.747, subdivision 4; 183.375, subdivision
5; 326.241, subdivision 3; 326.44; 326.52; 326.64; Minnesota Statutes 2005
Supplement, section 183.545, subdivision 9.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
SUPPLEMENTAL APPROPRIATIONS
Section 1.� SUPPLEMENTAL APPROPRIATIONS.�
The appropriations in this act are added to or, if shown in
parentheses, subtracted from the appropriations enacted into law by the
legislature in 2005, or other specified law, to the named agencies and for the
specified programs or activities.� The
sums shown are appropriated from the general fund, or another named fund, to be
available for the fiscal years indicated: 2006 is the fiscal year ending June
30, 2006; 2007 is the fiscal year ending June 30, 2007; and the biennium is
fiscal years 2006 and 2007.�
Supplementary appropriations and reductions to appropriations for the
fiscal year ending June 30, 2006, are effective the day following final
enactment.
SUMMARY BY FUND
����������������������������������������������������������������������������������������������������������������������� 2006������������������������������� 2007������������������������� TOTAL
GENERAL���������������������������������������������������������������������������������������� $(7,484,000)���������������� $(16,641,000)���������������� $(24,125,000)
HEALTH CARE
ACCESS����������������������������������������������������������������������������� -0-��������������������� 18,000,000��������������������� 18,000,000
WORKFORCE
DEVELOPMENT����������������������������������������������������������������� -0-�������������������������� 450,000�������������������������� 450,000
SPECIAL
REVENUE�������������������������������������������������������������������������������������� -0-����������������������� 1,325,000����������������������� 1,325,000
PETROLEUM
TANK RELEASE CLEANUP�������������������������������������� 477,000�������������������������� 478,000�������������������������� 955,000
STATE
GOVERNMENT SPECIAL REVENUE������������������������������������������� -0-�������������������� (1,831,000)�������������������� (1,831,000)
FEDERAL
TANF�������������������������������������������������������������������������������� 7,484,000��������������������� 20,111,000��������������������� 27,595,000
TOTAL�������������������������������������������������������������������������������������������������� $477,000������������������� $21,892,000������������������� $22,369,000
ARTICLE
2
ECONOMIC DEVELOPMENT
����� Section 1.�
ECONOMIC DEVELOPMENT
APPROPRIATIONS.
The appropriations in this article are added to or, if shown
in parentheses, subtracted from the appropriations enacted into law by the
legislature in 2005, or other specified law, to the named agencies and for the
specified programs or activities.� The
sums shown are appropriated from the general fund, or another named fund, to be
available for the fiscal years indicated: 2006 is the fiscal year ending June
30, 2006; 2007 is the fiscal year ending June 30, 2007; and the biennium is
fiscal years 2006 and 2007.�
Supplementary appropriations and reductions to appropriations for the fiscal
year ending June 30, 2006, are effective the day following final enactment.
SUMMARY BY FUND
����������������������������������������������������������������������������������������������������������������������� 2006������������������������������� 2007������������������������� TOTAL
GENERAL������������������������������������������������������������������������������������������������������ $-0-������������������ $(1,789,000)������������������ $(1,789,000)
HEALTH CARE
ACCESS����������������������������������������������������������������������������� -0-��������������������� 18,000,000��������������������� 18,000,000
WORKFORCE
DEVELOPMENT����������������������������������������������������������������� -0-�������������������������� 450,000�������������������������� 450,000
SPECIAL
REVENUE�������������������������������������������������������������������������������������� -0-����������������������� 1,150,000����������������������� 1,150,000
PETROLEUM
TANK RELEASE CLEANUP�������������������������������������� 477,000�������������������������� 478,000�������������������������� 955,000
STATE
GOVERNMENT SPECIAL REVENUE������������������������������������������� -0-�������������������� (1,831,000)�������������������� (1,831,000)
TOTAL�������������������������������������������������������������������������������������������������� $477,000������������������� $16,458,000������������������� $16,935,000
������������������������������������������������������������������������������������������������������������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 2.�
EMPLOYMENT AND ECONOMIC
DEVELOPMENT
Summary by
Fund
Allgemein��������������������������������������������� -0-���������������������������������� 587,000
Health Care
Access����������������������� -0-����������������������������� 18,000,000
Workforce
Development��������������� -0-���������������������������������� 450,000
Special
Revenue�� �������������������������� -0-������������������������������� 1,150,000
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Subdivision 1.� Business
and Community Development
$467,000 is appropriated from the general fund for a grant to
the BioBusiness Alliance of Minnesota, a nonprofit organization representing
Minnesota companies, colleges and universities, state government, and health
care institutions, for bioscience business development programs that will grow
and create bioscience jobs in the state and position Minnesota as a global
biobusiness leader.� This is a onetime
appropriation.
$120,000 is appropriated from the general fund for the Office
of Entrepreneurship, created in section 17.�
This amount shall be added to the agency's base.
����� Subd. 2.� Biotech
Partnership
Notwithstanding Minnesota Statutes, section 295.581, in
fiscal year 2007, $18,000,000 from the health care access fund is appropriated
to the commissioner of employment and economic development for the direct and
indirect expenses of the collaborative research partnership between the
University of Minnesota and the Mayo Foundation for research in biotechnology
and medical genomics.� The is a onetime
appropriation.
An annual report on the expenditure of this appropriation
must be submitted to the governor and the chairs of the senate Higher Education
Budget Division, the house of representatives Higher Education Finance
Committee, the senate Environment, Agriculture, and Economic Development Budget
Division, and the house of representatives Jobs and Economic Opportunity Policy
and Finance Committee by June 30 of each fiscal year until the appropriation is
expended.� This appropriation is
available until expended.
����� Subd. 3.� Pilot
Project; Greater Minnesota Business Development Investments
Of the unobligated balance in the rural rehabilitation
revolving account, established under Minnesota Statutes, section 116J.955,
$1,150,000 in fiscal year 2007 is appropriated for the Greater Minnesota
Business Development Investments Pilot Project established in section 64.� This is a onetime appropriation.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Subd. 4.� Workforce
Partnerships
$450,000 in fiscal year 2007 is appropriated from the
workforce development fund for a pilot project to encourage the licensure in
Minnesota of foreign-trained health care professionals, including physicians,
nurses, dentists, pharmacists, veterinarians, and other allied health care
professionals.� The commissioner must
work with local workforce boards to award grants to foreign-trained health care
professionals that are sufficient to cover the actual costs of taking a course
intended to prepare health care professionals for required licensing
examinations and the fee for taking required licensing examinations.� When awarding grants, the commissioner must consider
whether the recipient's training involves a medical specialty that is in demand
in one or more Minnesota communities.�
The commissioner also must establish additional criteria for the award
of grants.� The program will begin on
July 1, 2006, and end on June 30, 2007.�
The commissioner must submit a report evaluating the effectiveness of
the pilot program to the legislative committees with jurisdiction over
employment by October 1, 2007.� This is a
onetime appropriation.
����� Sec. 3.�
DEPARTMENT OF COMMERCE
Allgemein��������������������������������������������� -0-������������������������������� (548,000)
Petroleum
Tank Release�������� 477,000���������������������������������� 478,000
����� Subdivision 1.� Petroleum
Tank Release Cleanup
Notwithstanding Minnesota Statutes, section 115C.09,
subdivision 2a, $477,000 in fiscal year 2006 and $478,000 in fiscal year 2007
are appropriated from the petroleum tank release cleanup fund to the
commissioner of transportation for reimbursable costs under Minnesota Statutes,
section 115C.09, that were incurred before January 1, 2004.� This is a onetime appropriation.
����� Subd. 2.� Construction
Codes Consolidation
The fiscal year 2007 appropriation from the general fund for
the Department of Commerce administrative services made under Laws 2005, First
Special Session chapter 1, article 3, section 4, subdivision 4, is reduced by
$89,000 and the fiscal year 2007 appropriation from the general fund for the
Department of Commerce market assurance made under Laws 2005, First Special
Session chapter 1, article 3, section 4, subdivision 5, is reduced by $459,000
to reflect the transfer of the residential contractor and remodeling unit to
the construction code fund.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 4.�
BOXING COMMISSION
General
Fund����������������������������������� -0-������������������������������������ 50,000
$50,000 is appropriated from the general fund to the
Minnesota Boxing Commission established in sections 37 to 52 for the purposes
of operating and administering the commission.�
This is a onetime appropriation.�
The budget base for the Boxing Commission shall be $50,000 in fiscal
year 2008 and $50,000 in fiscal year 2009.�
These appropriations are from the special revenue fund.
����� Sec. 5.�
LABOR AND INDUSTRY
General
Fund����������������������������������� -0-���������������������������� (1,878,000)
����� Subdivision 1.� One-Stop
Licensing System
$300,000 in fiscal year 2007 is appropriated from the general
fund to the Department of Labor and Industry for staffing, design, and first
phase of development of a statewide license system.� The base budget for this program is increased
by $1,700,000 in fiscal year 2008 and $6,440,000 in fiscal year 2009.
����� Subd. 2.� Construction
Codes Consolidation
The fiscal year 2007 appropriation from the general fund for
the Department of Labor and Industry workplace services made under Laws 2005,
First Special Session chapter 1, article 3, section 7, subdivision 3, is
reduced by $2,178,000 to reflect the transfer of the boiler and high-pressure
piping unit to the construction code fund.
The Department of Labor and Industry must perform an analysis
of all fees collected by the Construction Codes and Licensing Division and
submit recommendations for fee adjustments to the 2007 legislature.
On or before June 30, 2007, the commissioner of labor and
industry shall transfer $1,759,000 from the construction code fund, created in
article 3, section 6, to the general fund.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 6.�
DEPARTMENT OF HEALTH
State
Government Special Revenue�
���������������������������������������������������������� -0-���������������������������� (1,831,000)
The fiscal year 2007 appropriation from the state government
special revenue fund for the Department of Health health protection made under
Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision
4, is reduced by $1,831,000 to reflect the transfer of the plumbing and
engineering unit to the construction code fund.
Sec. 7.� Minnesota
Statutes 2004, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.� Additional unclassified positions.� Appointing authorities for the following
agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employee Relations; Employment and Economic Development; Explore
Minnesota Tourism; Finance; Health; Human Rights; Labor and Industry;
Natural Resources; Public Safety; Human Services; Revenue; Transportation; and
Veterans Affairs; the Housing Finance and Pollution Control Agencies; the State
Lottery; the state Board of Investment; the Office of Administrative Hearings;
the Office of Environmental Assistance; the Offices of the Attorney General,
Secretary of State, and State Auditor; the Minnesota State Colleges and
Universities; the Higher Education Services Office; the Perpich Center for Arts
Education; and the Minnesota Zoological Board.
A position designated by an appointing authority according to
this subdivision must meet the following standards and criteria:
(1) the designation of the position would not be contrary to
other law relating specifically to that agency;
(2) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated as part of the
agency head's management team;
(3) the duties of the position would involve significant
discretion and substantial involvement in the development, interpretation, and
implementation of agency policy;
(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where continuity in the
position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with, the governor and
the agency head, the employing statutory board or commission, or the employing
constitutional officer;
(6) the position would be at the level of division or bureau
director or assistant to the agency head; and
(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.
Sec. 8.� Minnesota
Statutes 2005 Supplement, section 115C.09, subdivision 3j, is amended to read:
Subd. 3j.� Retail locations and transport vehicles.� (a) As used in this subdivision, "retail
location" means a facility located in the metropolitan area as defined in
section 473.121, subdivision 2, where gasoline is offered for sale to the
general public for use in automobiles and trucks. "Transport vehicle"
means a liquid fuel cargo tank used to deliver gasoline into underground
storage tanks during 2002 and oder 2003 at a retail location.
(b) Notwithstanding any other provision in this chapter, and
any rules adopted under this chapter, the board shall reimburse 90 percent of
an applicant's cost for retrofits of retail locations and transport vehicles
completed between January 1, 2001, and January September 1, 2006,
to comply with section 116.49, subdivisions 3 and 4, provided that the board
determines the costs were incurred and reasonable.� The reimbursement may not exceed $3,000 per
retail location and $3,000 per transport vehicle.
EFFECTIVE
DATE.� This section is
effective retroactively from August 1, 2003.
Sec. 9.� Minnesota
Statutes 2004, section 116J.421, is amended by adding a subdivision to read:
Subd. 8.� Report on status of rural Minnesota.� The center must report to the chairs of
the senate and house of representatives committees with primary jurisdiction
over economic development and agriculture on the status of rural Minnesota by
January 15 of each odd-numbered year.
Sec. 10.� Minnesota
Statutes 2004, section 116J.431, is amended by adding a subdivision to read:
Subd. 9.� Annual report.� The commissioner shall prepare and submit
to the legislature an annual report on the Greater Minnesota Business
Infrastructure Account.� The report must
include information on the amount of money in the account, the amount
distributed, to whom the grants were distributed and for what purposes, and an
evaluation of the effectiveness of the projects funded in meeting the policies
and goals of the program, including jobs created and wages and benefits paid.
Sec. 11.� Minnesota
Statutes 2005 Supplement, section 116J.551, subdivision 1, is amended to read:
Subdivision 1.� Grant account.� A contaminated site cleanup and development
grant account is created in the general fund.�
Money in the account may be used, as appropriated by law, to make grants
as provided in section 116J.554 and to pay for the commissioner's costs in
reviewing applications and making grants.�
Notwithstanding section 16A.28, grant money appropriated to
the account for this program, from any source, is available for
four years until spent.
Sec. 12.� Minnesota
Statutes 2005 Supplement, section 116J.575, subdivision 1, is amended to read:
Subdivision 1.� Commissioner discretion.� The commissioner may make a grant for up to
50 percent of the eligible costs of a project.�
The determination of whether to make a grant for a site is within the
discretion of the commissioner, subject to this section and sections 116J.571
to 116J.574 and available unencumbered money in the redevelopment account.� Notwithstanding section 116J.573
subdivision 1a, if the commissioner determines that the applications for
grants for projects in greater Minnesota are less than the amount of grant
funds available, the commissioner may make grants for projects anywhere in
Minnesota.� The commissioner's decisions
and application of the priorities under this section are not subject to
judicial review, except for abuse of discretion.
Sec.
13.� Minnesota Statutes 2005 Supplement,
section 116J.575, is amended by adding a subdivision to read:
Subd. 4.� Annual report.� The commissioner shall prepare and submit
to the legislature an annual report on the redevelopment account.� The report must include information on the
amount of money in the account, the amount distributed, to whom the grants were
distributed and for what purposes, and an evaluation of the effectiveness of
the projects funded in meeting the policies and goals of the program, including
jobs created and wages and benefits paid.
Sec. 14.� [116J.656] SMALL BUSINESS ACCESS TO
FEDERAL RESEARCH FUNDS.�
(a) The commissioner shall assist small businesses to access
federal funds through the federal Small Business Innovation Research Program
and the federal Small Business Technology Transfer Program.� In providing this assistance, the
commissioner shall maintain connections to eligible federal programs, access
specific funding opportunities, review funding proposals, provide referrals to
specific consulting services, and hold training workshops throughout the state.
(b) Unless prohibited by federal law, the commissioner must
implement fees for services that help companies seek federal Phase II Small
Business Innovation Research grants.� The
fees must be deposited in a special revenue account and are annually
appropriated to the commissioner for the federal Small Business Innovation
Research and federal Small Business Technology Transfer Programs.
Sec. 15.� Minnesota
Statutes 2004, section 116J.8731, subdivision 1, is amended to read:
Subdivision 1.� Purpose.� The Minnesota investment fund is created to
provide financial assistance, through partnership with communities, for the
creation of new employment or to maintain existing employment, and for business
start-up, expansions, and retention.� It
shall accomplish these goals by the following means:
(1) creation or retention of permanent private-sector jobs in
order to create above-average economic growth consistent with environmental
protection, which includes investments in technology and equipment that
increase productivity and provide for a higher wage;
(2) stimulation or leverage of private investment to ensure
economic renewal and competitiveness;
(3) increasing the local tax base, based on demonstrated
measurable outcomes, to guarantee a diversified industry mix;
(4) improving the quality of existing jobs, based on
increases in wages or improvements in the job duties, training, or education associated
with those jobs;
(5) improvement of employment and economic opportunity for
citizens in the region to create a reasonable standard of living, consistent
with federal and state guidelines on low- to moderate-income persons; and
(6) stimulation of productivity growth through improved
manufacturing or new technologies, including cold weather testing; and
(7) promoting businesses that convert to manufacturing
environmentally safe products.
Sec. 16.� Minnesota
Statutes 2004, section 116J.8731, subdivision 4, is amended to read:
Subd. 4.� Eligible projects.� Assistance must be evaluated on the existence
of the following conditions:
(1)
creation of new jobs, retention of existing jobs, or improvements in the
quality of existing jobs as measured by the wages, skills, or education
associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public
dollars induces private funds;
(4) the project can demonstrate an excessive public
infrastructure or improvement cost beyond the means of the affected community
and private participants in the project;
(5) the project provides higher wage levels to the community
or will add value to current workforce skills;
(6) the project encourages environmentally safe production
and products;
(7) whether assistance is necessary to retain existing
business; and
(7) (8) whether assistance is necessary to
attract out-of-state business.
A grant or loan cannot be made based solely on a finding that
the conditions in clause (6) or (7) or (8) exist.� A finding must be made that a condition in
clause (1), (2), (3), (4), or (5) also exists.
Applications recommended for funding shall be submitted to
the commissioner.
Sec. 17.� [116J.8743] OFFICE OF ENTREPRENEURSHIP.�
The Office of Entrepreneurship is established in the
Department of Employment and Economic Development.� The objective of the Office of
Entrepreneurship is to develop and implement strategies to foster
entrepreneurial activity.� In furtherance
of this objective, the Office of Entrepreneurship shall do the following:
(1) measure and report to the governor and the legislature,
by no later than March 1 of odd-numbered years, on the status of
entrepreneurial activity in Minnesota, including small business formation, survival,
and growth;
(2) form an entrepreneurial advisory board with public and
private representatives to make recommendations on strategies and programs and
to develop specific goals for statewide entrepreneurial outcomes;
(3) identify barriers to entrepreneurial development and
conduct an inventory assessment of existing entrepreneurial resources in order
to develop a one-stop information and referral service that is responsive to
the needs of the entrepreneurial community;
(4) advance alternatives for the promotion of private capital
to provide better access to early stage funding for small businesses;
(5) work with secondary and higher education institutions,
businesses, nonprofit organizations, and state and federal agencies to provide
education, training, and technical assistance which increase entrepreneurial
literacy, skills, and experiences; and
(6) coordinate the state's direct services of small business
assistance and the small business development center network.
Members
of the advisory board may include representatives from: higher education
institutions, small business development centers, small business incubators,
nonprofit organizations, economic development authorities, commercial banks and
other lending institutions, and state and federal agencies.
Sec. 18.� [116J.996] BIOSCIENCE AND BIOTECHNOLOGY
SUBSIDIES.�
Subdivision 1.�
Reporting by subsidy
recipients.� Each recipient of
a state subsidy for bioscience or biotechnology must provide to the
commissioner of employment and economic development a written report by January
15 of each year.� The report must address
(1) the projected and actual impact, if any, of the subsidy on reducing the
unit cost to consumers of pharmaceuticals, medical devices, and other
bioengineered products, including, but not limited to, agricultural products;
and (2) the projected and actual jobs created, including information about wage
levels and benefits of all employees and consultants, as a result of the
subsidy.
Subd. 2.� Compilation and summary report. �By March 1 of each year, the
commissioner of employment and economic development must provide to the
legislature a compilation and summary report of the reports received from all
recipients of state subsidies for bioscience and biotechnology in compliance
with sections 3.195 and 3.197.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to all state subsidies
awarded on or after January 1, 2006.
Sec. 19.� Minnesota
Statutes 2004, section 116L.04, subdivision 1, is amended to read:
Subdivision 1.� Partnership program.� (a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using
the following guidelines:
(1) the educational or other nonprofit educational institution
is a provider of training within the state in either the public or private
sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically disadvantaged people,
minorities, or those who are victims of economic dislocation and to businesses
located in rural areas.
(b) A single grant to any one institution shall not exceed
$400,000.� Up to 25 percent A
portion of a grant may be used for preemployment training.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 20.� Minnesota
Statutes 2004, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a.� Pathways program.� The pathways program may provide
grants-in-aid for developing programs which assist in the transition of persons
from welfare to work and assist individuals at or below 200 percent of the
federal poverty guidelines.� The program is
to be operated by the board.� The board
shall consult and coordinate with program administrators at the Department of
Employment and Economic Development to design and provide services for
temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other
nonprofit training institutions for education and training programs and
services supporting education and training programs that serve eligible
recipients.
Preference
shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths
for trainees;
(3) pilot the development of an educational pathway that can
be used on a continuing basis for transitioning persons from welfare to work;
and
(4) demonstrate the active participation of Department of
Employment and Economic Development workforce centers, Minnesota State College
and University institutions and other educational institutions, and local
welfare agencies.
Pathways projects must demonstrate the active involvement and
financial commitment of private business.�
Pathways projects must be matched with cash or in-kind contributions on
at least a one-to-one ratio by participating private business.
A single grant to any one institution shall not exceed
$400,000. �Up to 25 percent of A
portion of a grant may be used for preemployment training.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 21.� Minnesota
Statutes 2004, section 116L.12, subdivision 4, is amended to read:
Subd. 4.� Grants.�
Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local,
regional, or statewide training and retention programs.� Grants may be made from TANF funds, general
fund appropriations, and any other funding sources available to the board,
provided the requirements of those funding sources are satisfied.� Up to 25 percent A portion of a
grant may be used for preemployment training.�
Grant awards must establish specific, measurable outcomes and timelines
for achieving those outcomes.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 22.� Minnesota
Statutes 2004, section 178.02, subdivision 2, is amended to read:
Subd. 2.� Terms.�
The council shall expire and the terms, compensation, and removal of
appointed members shall be as provided in section 15.059, except that the
council shall not expire before June 30, 2003.
Sec. 23.� Minnesota
Statutes 2004, section 181.032, is amended to read:
181.032 REQUIRED STATEMENT
OF EARNINGS BY EMPLOYER.�
At the end of each pay period, the employer shall give
provide each employee an earnings statement, either in writing or
by electronic means, covering that pay period.� An employer who chooses to provide an
earnings statement by electronic means must provide employee access to an
employer-owned computer during an employee's regular working hours to review
and print earnings statements.� The
earnings statement may be in any form determined by the employer but must
include:
(a) the name of the employee;
(b) the hourly rate of pay (if applicable);
(c)
the total number of hours worked by the employee unless exempt from chapter
177;
(d) the total amount of gross pay earned by the employee
during that period;
(e) a list of deductions made from the employee's pay;
(f) the net amount of pay after all deductions are made;
(g) the date on which the pay period ends; and
(h) the legal name of the employer and the operating name of
the employer if different from the legal name.
An employer must provide earnings statements to an employee
in writing, rather than by electronic means, if the employer has received at
least 24 hours notice from an employee that the employee would like to receive
earnings statements in written form.�
Once an employer has received notice from an employee that the employee
would like to receive earnings statements in written form, the employer must
comply with that request on an ongoing basis.
Sec. 24.� [216B.0951] PREPURCHASE PROPANE FUEL
PROGRAM.�
Subdivision 1.�
Created.� The commissioner shall operate, or
contract to operate, a prepurchase propane fuel program.
The commissioner shall each July and August purchase the
lesser of one-third of the liquid propane fuel consumed by low-income home
energy assistance program recipients during the previous heating season or the
amount that can be purchased with available funds.� The prepurchase propane fuel program must be
available statewide through each local agency that administers the energy
assistance program.� The commissioner may
decide to limit or not engage in prepurchasing if the commissioner finds that
there is a reasonable likelihood that prepurchasing will not provide fuel-cost
savings.
Subd. 2.� Hedge account.� The commissioner may establish a hedge
account with realized program savings due to prepurchasing.� The account must be used to compensate
program recipients an amount up to the difference in cost for fuel provided to
the recipient if winter-delivered fuel prices are lower than the prepurchase or
summer-fill price.� No more than ten
percent of the aggregate prepurchase program savings may be used to establish
the hedge account.
Subd. 3.� Report.� The department shall issue an annual
report, made available electronically on its Web site and in print upon
request, which contains the following information:
(1) the cost per gallon of the prepurchased fuel;
(2) the total gallons of fuel prepurchased;
(3) the average cost of propane by month between October and
the following April;
(4) the number of energy assistance program households
receiving prepurchased fuel; and
(5) the average savings accruing or benefit increase provided
to energy assistance households.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec.
25.� Minnesota Statutes 2004, section
298.22, subdivision 1, is amended to read:
Subdivision 1.� The office of the commissioner of Iron
Range resources and rehabilitation.�
(1) The office of the commissioner of Iron Range resources and
rehabilitation is created as an agency in the executive branch of state
government.� The governor shall
appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or appointments
that are not incompatible with duties as commissioner of Iron Range resources
and rehabilitation.� The commissioner may
appoint a deputy commissioner.� All
expenses of the commissioner, including the payment of such staff and other
assistance as may be necessary, must be paid out of the amounts appropriated by
section 298.28 or otherwise made available by law to the commissioner.
(3) When the commissioner determines that distress and
unemployment exists or may exist in the future in any county by reason of the
removal of natural resources or a possibly limited use of natural resources in
the future and any resulting decrease in employment, the commissioner may use
whatever amounts of the appropriation made to the commissioner of revenue in section
298.28 that are determined to be necessary and proper in the development of the
remaining resources of the county and in the vocational training and
rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract
awarded by the commissioner or in effect after July 1, 1985, is appropriated
from the general fund.� For the purposes
of this section, "development of remaining resources" includes, but
is not limited to, the promotion of tourism.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 26.� Minnesota
Statutes 2004, section 298.22, subdivision 8, is amended to read:
Subd. 8.� Spending priority.� In making or approving any expenditures on
programs or projects, the commissioner and the board shall give the highest
priority to programs and projects that target relief to those areas of the
taconite assistance area as defined in section 273.1341, that have the largest
percentages of job losses and population losses directly attributable to the
economic downturn in the taconite industry since the 1980s.� The commissioner and the board shall compare
the 1980 population and employment figures with the 2000 population and
employment figures, and shall specifically consider the job losses in 2000 and
2001 resulting from the closure of LTV Steel Mining Company, in making or
approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be
targeted under this subdivision.� The
commissioner may lease, for a term not exceeding 50 years and upon the terms
determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the
office of the commissioner of Iron Range resources and rehabilitation within
those portions of the taconite assistance area impacted by the closure of the
LTV Steel Mining Company facility near Hoyt Lakes. �The payments and royalties from such leases
must be deposited into the fund established in section 298.292.� This subdivision supersedes any other
conflicting provisions of law and does not preclude the commissioner and the
board from making expenditures for programs and projects in other areas.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 27.� Minnesota
Statutes 2004, section 298.22, is amended by adding a subdivision to read:
Subd. 11.� Budgeting.� The commissioner of Iron Range resources
and rehabilitation shall annually prepare a budget of operational expenditures,
programs, and projects, and submit it to the Iron Range Resources and
Rehabilitation Board and the governor for approval.� The commissioner is authorized to expend
available funds approved in the budget for operational expenditures, projects,
and programs.
Sec.
28.� Minnesota Statutes 2004, section
298.2213, subdivision 4, is amended to read:
Subd. 4.� Project approval.� The board and commissioner shall by
August 1 each year prepare a list of projects to be funded from the money
appropriated in this section with necessary supporting information including
descriptions of the projects, plans, and cost estimates.� A project must not be approved by the board
unless it finds that:
(1) the project will materially assist, directly or
indirectly, the creation of additional long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed the
anticipated costs; and
(3) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by a majority of the Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation.� The list of projects
must be submitted to the governor, who shall, by November 15 of each year,
approve, disapprove, or return for further consideration, each project.� The money for a project may be spent only
upon approval of the project by the governor.�
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 29.� Minnesota
Statutes 2004, section 298.223, subdivision 2, is amended to read:
Subd. 2.� Administration.� The taconite area environmental
protection fund shall be administered by the commissioner of the Iron Range
Resources and Rehabilitation Board.� The
commissioner shall by September 1 of each year submit to the board a list of
projects to be funded from the taconite area environmental protection
fund, with such supporting information including description of the projects,
plans, and cost estimates as may be necessary.�
Upon approval by a majority of the members of the Iron Range Resources
and Rehabilitation Board, this list shall be submitted to the governor by
November 1 of each year.� By December 1
of each year, the governor shall approve or disapprove, or return for further
consideration, each project.� Funds for a
project may be expended only upon approval of the project by the board and
governor.� The commissioner may submit
supplemental projects to the board and governor for approval at any time.
Sec. 30.� Minnesota
Statutes 2004, section 298.223, subdivision 3, is amended to read:
Subd. 3.� Appropriation.� There is hereby annually appropriated to the
commissioner of Iron Range resources and rehabilitation such taconite area
environmental protection funds as are necessary to carry out the projects and
programs approved and such funds as are necessary for administration of
this section.� Annual administrative
costs, not including detailed engineering expenses for the projects, shall not
exceed five percent of the amount annually expended from the fund.
Funds for the purposes of this section are provided by
section 298.28, subdivision 11, relating to the taconite area environmental
protection fund.
Sec. 31.� Minnesota
Statutes 2005 Supplement, section 298.296, subdivision 1, is amended to read:
Subdivision 1.� Project approval.� The board and commissioner shall by
August 1 of each year prepare a list of projects to be funded from the Douglas
J.� Johnson economic protection trust
with necessary supporting information including description of the projects,
plans, and cost estimates.� These
projects shall be consistent with the priorities established in section 298.292
and shall not be approved by the board unless it finds that:
(a)
the project will materially assist, directly or indirectly, the creation of
additional long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the
anticipated costs; and
(c) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by at least eight Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation.� The list of projects
shall be submitted to the governor, who shall, by November 15 of each year,
approve or disapprove, or return for further consideration, each project.� The money for a project may be expended only
upon approval of the project by the governor.�
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 32.� Minnesota
Statutes 2005 Supplement, section 298.298, is amended to read:
298.298 LONG-RANGE PLAN.�
Consistent with the policy established in sections 298.291 to
298.298, the Iron Range Resources and Rehabilitation Board and commissioner shall
prepare and present to the governor and the legislature by January 1, 1984
December 31, 2006, a long-range plan for the use of the Douglas J.� Johnson economic protection trust fund for
the economic development and diversification of the taconite assistance area
defined in section 273.1341.� The Iron
Range Resources and Rehabilitation Board shall, before November 15 of each even
numbered year, prepare a report to the governor and legislature updating and
revising this long-range plan and reporting on the Iron Range Resources and
Rehabilitation Board's progress on those matters assigned to it by law.� After January 1, 1984, No project shall
be approved by the Iron Range Resources and Rehabilitation Board which is not
consistent with the goals and objectives established in the long-range plan.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 33.� [299F.50] DEFINITIONS.�
Subdivision 1.�
Scope.� As used in sections 299F.50 to
299F.52, the terms defined in this section have the meanings given them.
Subd. 2.� Installed.� "Installed" means that an
approved carbon monoxide alarm is hard-wired into the electrical wiring,
directly plugged into an electrical outlet without a switch, or, if the alarm
is battery-powered, attached to the wall of the dwelling.
Subd. 3.� Single- and multifamily dwelling.� "Single- and multifamily
dwelling" means any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Subd. 4.� Dwelling unit.� "Dwelling unit" means an area
meant for living or sleeping by human occupants.
Subd. 5.� Approved carbon monoxide alarm.� "Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is
certified by a nationally recognized testing laboratory to conform to the
latest Underwriters Laboratories Standards (known as UL2034 standards).
Subd.
6.
EFFECTIVE
DATE.� This section is
effective: January 1, 2007, for all newly constructed single-family and
multifamily dwelling units for which building permits were issued on or after
January 1, 2007; August 1, 2008, for all existing single-family dwelling units;
and August 1, 2009, for all multifamily dwelling units.
Sec. 34.� [299F.51] REQUIREMENTS FOR CARBON
MONOXIDE ALARMS.�
Subdivision 1.�
Generally.� Every single-family dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational
carbon monoxide alarm installed within ten feet of each room lawfully used for
sleeping purposes.
Subd. 2.� Owner's duties.� The owner of a multifamily unit which is
required to be equipped with one or more approved carbon monoxide alarms must:
(1) provide and install one approved and operational carbon
monoxide alarm within ten feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been
stolen, removed, found missing, or rendered inoperable during a prior occupancy
of the dwelling unit and which has not been replaced by the prior occupant
prior to the commencement of a new occupancy of a dwelling unit.
Subd. 3.� Occupant's duties.� The occupant of each dwelling unit in a
multifamily dwelling in which an approved and operational carbon monoxide alarm
has been provided and installed by the owner must:
(1) keep and maintain the device in good repair; and
(2) replace any device that is stolen, removed, missing, or
rendered inoperable during the occupancy of the dwelling unit.
Subd. 4.� Battery removal prohibited.� No person shall remove batteries from, or
in any way render inoperable, a required carbon monoxide alarm.
Subd. 5.� Exceptions; certain multifamily
dwellings.� (a) In lieu of
requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide alarms installed between 15 and 25 feet of carbon
monoxide producing central fixtures and equipment provided there is a
centralized alarm system or other mechanism for responsible parties to hear the
alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal
or no sources of carbon monoxide may be exempted from the requirements of
subdivision 1, provided that such owner certifies to the commissioner of public
safety that such multifamily dwelling poses no foreseeable carbon monoxide risk
to the health and safety to the dwelling units.
EFFECTIVE
DATE.� This section is
effective: January 1, 2007, for all newly constructed single-family and
multifamily dwelling units for which building permits were issued on or after
January 1, 2007; August 1, 2008, for all existing single-family dwelling units;
and August 1, 2009, for all multifamily dwelling units.
Sec.
35.� [299F.52]
ENFORCEMENT.�
A violation of section 299F.50 or 299F.51 subjects the owner
of the single-family dwelling, multifamily dwelling, or dwelling unit to the
same penalty and enforcement mechanism provided for violations of the Uniform
Fire Code provided in section 299F.011, subdivision 6.
EFFECTIVE
DATE.� This section is
effective: January 1, 2007, for all newly constructed single-family and
multifamily dwelling units for which building permits were issued on or after
January 1, 2007; August 1, 2008, for all existing single-family dwelling units;
and August 1, 2009, for all multifamily dwelling units.
Sec. 36.� Minnesota
Statutes 2004, section 326.105, is amended to read:
326.105 FEES.�
The fee for licensure or renewal of licensure as an
architect, professional engineer, land surveyor, landscape architect, or
geoscience professional is $120 per biennium.�
The fee for certification as a certified interior designer or for
renewal of the certificate is $120 per biennium.� The fee for an architect applying for original
certification as a certified interior designer is $50 per biennium.� The initial license or certification fee for
all professions is $120.� The renewal fee
shall be paid biennially on or before June 30 of each even-numbered year.� The renewal fee, when paid by mail, is not
timely paid unless it is postmarked on or before June 30 of each even-numbered
year.� The application fee is $25 for
in-training applicants and $75 for professional license applicants.
The fee for monitoring licensing examinations for applicants
is $25, payable by the applicant.
Sec. 37.� [341.21] DEFINITIONS.�
Subdivision 1.�
Applicability.� The definitions in this section apply to
this chapter.
Subd. 2.� Boxing.� "Boxing" means the act of attack
and defense with the fists, using padded gloves, that is practiced as a sport
under the rules of the World Boxing Association, the World Boxing Council, the
International Boxing Federation, or equivalent.�
Boxing includes tough person contests.
Subd. 3.� Commission.� "Commission" means the Minnesota
Boxing Commission.
Subd. 4.� Contest.� "Contest" means any boxing
contest, match, or exhibition.
Subd. 5.� Professional.� "Professional" means any person
who competes for any money prize or a prize that exceeds the value of $50 or
teaches, pursues, or assists in the practice of boxing as a means of obtaining
a livelihood or pecuniary gain.
Subd. 6.� Director.� "Director" means the executive
director of the commission.
Subd. 7.� Tough person contest.� "Tough person contest" means any
boxing match consisting of one-minute rounds between two or more persons who
use their hands or their feet, or both, in any manner.� Tough person contest does not include kick
boxing, any recognized martial arts competition, or boxing as defined in
subdivision 2.
Sec. 38.� [341.22] BOXING COMMISSION.�
There is hereby created the Minnesota Boxing Commission,
consisting of five members who are citizens of this state.� The members shall be appointed by the
governor and subject to the advice and consent of the senate.� One member of the commission shall be a
retired judge of the Minnesota District Court, Minnesota Court of Appeals, Minnesota
Supreme Court, the United States District Court for the District of Minnesota,
or the Eighth Circuit Court of Appeals; one member shall be a public member;
and three members shall be involved in the boxing industry.� At least two of the members must be women, if
possible.� Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal
year and reporting requirements shall be as provided in sections 214.07 to
214.09.� The provision of staff,
administrative services, and office space; the review and processing of
complaints; the setting of fees; and other provisions relating to commission
operations shall be as provided in chapter 214.�
The purpose of the commission is to protect health, promote safety, and
ensure fair events.
Sec. 39.� [341.23] LIMITATIONS.�
No member of the boxing commission shall directly or
indirectly promote any boxing or directly or indirectly engage in the managing
of any boxer or fighter or be interested in any manner in the proceeds from any
boxing match.
Sec. 40.� [341.24] EXECUTIVE DIRECTOR.�
The governor may appoint, and at pleasure remove, an executive
director and prescribe the powers and duties of the office.� The executive director shall not be a member
of the commission.� The commission may
employ personnel necessary to the performance of its duties.
Sec. 41.� [341.25] RULES.�
(a) The commission may adopt rules that include standards for
the physical examination and condition of boxers and referees.
(b) The commission may adopt other rules necessary to carry
out the purposes of this chapter, including, but not limited to, the conduct of
boxing exhibitions, bouts, and fights, and their manner, supervision, time, and
place.
Sec. 42.� [341.26] MEETINGS.�
The commission shall hold a regular meeting quarterly and in
addition may hold special meetings.�
Except as otherwise provided in law, all meetings of the commission
shall be open to the public and reasonable notice of the meetings shall be
given under chapter 13D.
Sec. 43.� [341.27] COMMISSION DUTIES.�
The commission shall:
(1) issue, deny, renew, suspend, or revoke licenses;
(2) make and maintain records of its acts and proceedings
including the issuance, denial, renewal, suspension, or revocation of licenses;
(3) keep public records of the commission open to inspection
at all reasonable times;
(4) assist the director in the development of rules to be
implemented under this chapter; and
(5) conform to the rules adopted under this chapter.
Sec.
44.� [341.28]
REGULATION OF BOXING CONTESTS.�
Subdivision 1.�
Regulatory authority; boxing.� All boxing contests are subject to this
chapter.� Every contestant in a boxing
contest shall wear padded gloves that weigh at least eight ounces.� The commission shall, for every boxing
contest:
(1) direct a commission member to be present; and
(2) direct the attending commission member to make a written report
of the contest.
All boxing contests within this state shall be conducted
according to the requirements of this chapter.
Subd. 2.� Regulatory authority; tough person
contests.� All tough person
contests, including amateur tough person contests, are subject to this
chapter.� Every contestant in a tough
person contest shall wear padded gloves that weigh at least 12 ounces.
Sec. 45.� [341.29] JURISDICTION OF COMMISSION.�
The commission shall:
(1) have sole direction, supervision, regulation, control, and
jurisdiction over all boxing contests and tough person contests held within
this state unless a contest is exempt from the application of this chapter
under federal law;
(2) have sole control, authority, and jurisdiction over all
licenses required by this chapter; and
(3) grant a license to an applicant if, in the judgment of the
commission, the financial responsibility, experience, character, and general
fitness of the applicant are consistent with the public interest, convenience,
or necessity and the best interests of boxing and conforms with this chapter
and the commission's rules.
Sec. 46.� [341.30] LICENSURE; PERSONS REQUIRED TO
OBTAIN LICENSES; REQUIREMENTS; BACKGROUND INFORMATION; FEE; BOND.�
Subdivision 1.�
Licensure; individuals.� All referees, judges, matchmakers,
promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers,
boxers' managers, and boxers' seconds are required to be licensed by the
commission.� The commission shall not
permit any of these persons to participate in the holding or conduct of any
boxing contest unless the commission has first issued the person a license.
Subd. 2.� Entity licensure.� Before participating in the holding or
conduct of any boxing contest, a corporation, partnership, limited liability
company, or other business entity organized and existing under law, its
officers and directors, and any person holding 25 percent or more of the
ownership of the corporation shall obtain a license from the commission and
must be authorized to do business under the laws of this state.
Subd. 3.� Background investigation.� The commission shall require referees,
judges, matchmakers, promoters, and boxers to furnish fingerprints and
background information under commission rules before licensure.� The commission shall charge a fee for
receiving fingerprints and background information in an amount determined by
the commission.� The commission may
require referees, judges, matchmakers, promoters, and boxers to furnish fingerprints
and background information before license renewal if the commission determines
that the fingerprints and background information are desirable or
necessary.� The fee may include a
reasonable charge for expenses incurred by the commission and, if the
commission requests a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension, must be sufficient to recover the cost
to the bureau of a background check.� The
portion of a fee that is collected to recover the cost to the bureau of a
background check is appropriated to the commission for the purpose of
reimbursing the bureau for the cost of the background check.
Subd.
4.
(1) provide the commission with a copy of any agreement
between a contestant and the applicant which binds the applicant to pay the
contestant a certain fixed fee or percentage of the gate receipts;
(2) show on the application the owner or owners of the
applicant entity and the percentage of interest held by each owner holding a 25
percent or more interest in the applicant;
(3) provide the commission with a copy of the latest financial
statement of the entity; and
(4) provide the commission with a copy or other proof
acceptable to the commission of the insurance contract or policy required by
this chapter.
(b) Before the commission issues a license to a promoter, the
applicant shall deposit with the commission a cash bond or surety bond in an
amount set by the commission.� The bond
shall be executed in favor of this state and shall be conditioned on the
faithful performance by the promoter of the promoter's obligations under this
chapter and the rules adopted under it.
(c) Before the commission issues a license to a boxer, the
applicant shall submit to the commission the results of a current medical
examination on forms furnished or approved by the commission.� The medical examination must include an
ophthalmological and neurological examination.�
The ophthalmological exam must be designed to detect any retinal defects
or other damage or condition of the eye that could be aggravated by
boxing.� The neurological examination
must include an electroencephalogram or medically superior test if the boxer
has been knocked unconscious in a previous boxing or other athletic
competition.� The commission may also
order an electroencephalogram or other appropriate neurological or physical
exam before any contest, match, or exhibition if it determines that the
examination is desirable to protect the health of the boxer.
Sec. 47.� [341.31] SIMULCAST LICENSES.�
The commission shall issue a license to a person or
organization holding, showing, or exhibiting a simultaneous telecast of any live,
current, or spontaneous boxing or sparring match on a closed circuit telecast
or subscription television program viewed within the state, whether originating
in this state or elsewhere, and for which a charge is made.� Each person or organization shall apply for
such a license in advance of each showing.�
No showing may be licensed unless the person or organization applying
for the license:
(1) certifies that the match is subject to the jurisdiction
and regulation of a boxing or athletic regulatory authority in another state or
country;
(2) certifies the match is in compliance with the requirements
of the authority;
(3) identifies the authority; and
(4) provides any information the commission may require.
Sec. 48.� [341.32] LICENSE FEES; EXPIRATION;
RENEWAL.�
Subdivision 1.�
Annual licensure.� The commission may establish and issue
annual licenses subject to the collection of advance fees by the commission
for: promoters, matchmakers, managers, judges, referees, ring announcers,
ringside physicians, timekeepers, boxers, boxers' trainers, boxers' seconds,
business entities filing for a license to participate in the holding of any
boxing contest, and officers, directors, or other persons affiliated with the
business entity.
Subd.
2.
Sec. 49.� [341.321] FEE SCHEDULE.�
The fee schedule for licenses issued by the Minnesota Boxing
Commission is as follows:
(1) referees, $35 for each initial license and each renewal;
(2) promoters, $400 for each initial license and each
renewal;
(3) judges, $25 for each initial license and each renewal;
(4) trainers, $35 for each initial license and each renewal;
(5) ring announcers, $25 for each initial license and each
renewal;
(6) boxers' seconds, $25 for each initial license and each
renewal;
(7) timekeepers, $25 for each initial license and each
renewal; and
(8) boxers, $35 for each initial license and each renewal.
The commissioner shall also collect a promoter fee of $1,500
per event.
Sec. 50.� [341.33] CONTESTANTS AND REFEREES; PHYSICAL
EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES.�
Subdivision 1.�
Examination by physician.� All boxers and referees shall be examined
by a physician licensed by this state within three hours before entering the
ring, and the examining physician shall immediately file with the commission a
written report of the examination.� The
physician's examination shall report on the condition of the boxer's heart and
general physical and neurological condition.�
The physician's report may record the condition of the boxer's nervous
system and brain as required by the commission.�
The physician may prohibit the boxer from entering the ring if, in the
physician's professional opinion, it is in the best interest of the boxer's
health.� The cost of the examination is
payable by the person or entity conducting the contest or exhibition.
Subd. 2.� Attendance of physician.� Every person holding or sponsoring any
boxing contest shall have in attendance at every boxing contest a physician
licensed by this state.� The commission
may establish a schedule of fees to be paid to each attending physician by the
person holding or sponsoring the contest.
Sec.
51.� [341.34]
INSURANCE.�
Subdivision 1.�
Required insurance.� The commission shall:
(1) require insurance coverage for a boxer to provide for
medical, surgical, and hospital care for injuries sustained in the ring in an
amount of at least $100,000 with $25 deductible and payable to the boxer as
beneficiary; and
(2) require life insurance for a boxer in the amount of at
least $50,000 payable in case of accidental death resulting from injuries
sustained in the ring.
Subd. 2.� Payment for insurance.� The cost of the insurance required by this
section is payable by the promoter.
Sec. 52.� [341.35] PENALTIES FOR NONLICENSED
EXHIBITIONS.�
Any person or persons who send or cause to be sent,
published, or otherwise made known, any challenge to fight what is commonly
known as a prize fight, or engage in any public boxing or sparring match, with
or without gloves, for any prize, reward or compensation, or for which any
admission fee is charged directly or indirectly, or go into training
preparatory for such fight, exhibition, or contest, or act as a trainer, aider,
abettor, backer, umpire, referee, second, surgeon, assistant, or attendant at
such fight, exhibition, or contest, or in any preparation for same, and any
owner or lessee of any ground, building, or structure of any kind permitting
the same to be used for any fight, exhibition, or contest, is guilty of a
misdemeanor unless a license for the holding of the fight, exhibition, or
contest has been issued by the commission in compliance with the rules adopted
by it.
Sec. 53.� Minnesota
Statutes 2004, section 446A.03, subdivision 5, is amended to read:
Subd. 5.� Executive director.� The commissioner shall employ, with the
concurrence of the authority, an executive director in the unclassified
service.� The director shall perform
duties that the authority may require in carrying out its responsibilities.
Sec. 54.� Minnesota
Statutes 2005 Supplement, section 446A.073, is amended to read:
446A.073 TOTAL MAXIMUM DAILY
LOAD GRANTS.�
Subdivision 1.� Program established.� When money is appropriated for grants
under this program, the authority must make grants to municipalities to
cover up to one-half 50 percent of the cost of wastewater
treatment or storm water projects made necessary by wasteload reductions
under total maximum daily load plans required by section 303(d) of the federal
Clean Water Act, United States Code, title 33, section 1313(d), or up to 50
percent of the additional project costs described in subdivision 3, paragraph
(b).
Subd. 2.� Grant application.� Application for a grant must be made to the
authority on forms prescribed by the authority for the total maximum daily load
grant program, with additional information as required by the authority,
including a project schedule and cost estimate for the work necessary to comply
with the point source wasteload allocation.�
In accordance with section 116.182, the Pollution Control Agency shall:
(1) calculate the essential project component percentage,
which must be multiplied by the total project cost to determine the eligible
project cost; and
(2) review and certify approved projects to the authority.
Subd.
3. �Project
priorities.� (a) When money is
appropriated for grants under this program, the authority shall reserve money
for projects expected to start construction in the next 12 months in the
order that:
(1) their total maximum daily load plan was approved by
the United States Environmental Protection Agency and in an amount based on
their most recent cost estimates submitted to the authority or the as-bid
costs, whichever is less.;
(2) their grant application is received by the authority; and
(3) have the greatest load reduction as determined by the
Pollution Control Agency.
(b) Any balances remaining after money is reserved for
projects in paragraph (a) may be reserved for projects on the Pollution Control
Agency's project priority list to cover additional costs associated with
wastewater disposal methods not requiring a National Pollutant Discharge
Elimination System permit where a new discharge to an impaired water is
prohibited due to the lack of total maximum daily load approval by the United
States Environmental Protection Agency.
(c) The authority shall reserve money for projects in an
amount based on the most recent cost estimates submitted to the authority or
the as-bid costs, whichever is less.
Subd. 4.� Grant approval.� The authority must make a grant to a
municipality, as defined in section 116.182, subdivision 1, only after:
(1) the commissioner of the Minnesota Pollution Control Agency
has certified to the United States Environmental Protection Agency a total
maximum daily load plan for identified waters of this state that includes a
point source wasteload allocation, except for projects described in
subdivision 3, paragraph (b);
(2) the Environmental Protection Agency has approved the plan
total maximum daily load, except for projects described in subdivision 3,
paragraph (b);
(3) a municipality affected by the plan has estimated the
cost to it of wastewater treatment projects necessary to comply with the point
source wasteload allocation for which money is reserved has submitted
the as-bid costs for its wastewater treatment or stormwater projects to the
authority;
(4) the Pollution Control Agency has approved the cost
estimate reviewed and certified the project to the authority; and
(5) the authority has determined that the additional financing
necessary to complete the project has been committed from other sources.
Subd. 5.� Grant disbursement.� Disbursement of a grant must be made for
eligible project costs as incurred by the municipality and in accordance with a
project financing agreement and applicable state and federal laws and rules
governing the payments.
Subd. 6.� Fees.� The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant agreement.
Sec. 55.� Minnesota
Statutes 2004, section 446A.12, subdivision 1, is amended to read:
Subdivision 1.� Bonding authority.� The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient
funds for achieving its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority, the
establishment of reserves to secure its bonds, the payment of fees to a third
party providing credit enhancement, and the payment of all other expenditures
of the authority incident to and necessary or convenient to carry out its
corporate purposes and powers, but not including the making of grants.� Bonds of the authority may be issued as bonds
or notes or in any other form authorized by law.� The principal amount of bonds issued and
outstanding under this section at any time may not exceed $1,250,000,000
$1,500,000,000, excluding bonds for which refunding bonds or crossover
refunding bonds have been issued.
Sec. 56.� Minnesota
Statutes 2004, section 469.334, subdivision 1, is amended to read:
Subdivision 1.� Commissioner to designate.� (a) The commissioner, in consultation with
the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, shall designate not more than one or more biotechnology
and health sciences industry zone.�
Priority must be given to applicants with a development plan that links
a higher education/research institution with a biotechnology and health
sciences industry facility.
(b) The commissioner may consult with the applicant prior to
the designation of the zone.� The
commissioner may modify the development plan, including the boundaries of the
zone or subzones, if in the commissioner's opinion a modified plan would better
meet the objectives of the biotechnology and health sciences industry zone
program.� The commissioner shall notify
the applicant of the modifications and provide a statement of the reasons for
the modifications.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 57.� Minnesota
Statutes 2004, section 469.334, subdivision 4, is amended to read:
Subd. 4.� Designation schedule.� (a) The schedule in paragraphs (b) to (e)
applies to the designation of the first biotechnology and health
sciences industry zone.
(b) The commissioner shall publish the form for applications
and any procedural, form, or content requirements for applications by no later
than August 1, 2003.� The commissioner may
publish these requirements on the Internet, in the State Register, or by any
other means the commissioner determines appropriate to disseminate the
information to potential applicants for designation.
(c) Applications must be submitted by October 15, 2003.
(d) The commissioner shall designate the zones by no later
than December 31, 2003.
(e) The designation of the zones takes effect January 1,
2004.
(f) Additional zones may be designated in later years,
following substantially the same application and designation process as
provided in paragraphs (b) to (e).
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 58.� Laws 2004,
chapter 188, section 1, as amended by Laws 2005, chapter 134, section 3, is
amended to read:
Section 1.� PILOT PROJECT. �
The commissioner of employment and economic development shall
conduct an extended employment pilot project to study an industrial model for
employment for individuals with severe disabilities in Thief River Falls,
Minnesota.�
Employment
is to be provided by Custom Products, a division of Occupational Development
Center.� During the pilot, employment
outcomes for individuals with severe disabilities will be assumed to be
community employment as defined under Minnesota Rules, part 3300.2005.� The pilot project will begin July 1, 2004,
and end June 30, 2006 2007.�
Evaluation of the pilot project must be completed by October 1, 2006
2007, by the commissioner.�
The pilot project must maintain a minimum ratio of 60 percent
of nondisabled persons, must pay minimum wages or better to all employees with
severe disabilities, and must provide them a level of benefits equal to those
provided to nondisabled employees.� All
work teams must be integrated.�
The pilot project must provide the extended employment
program with useful information to clarify the distinction between center-based
and community employment subprograms.�
The commissioner shall consider the findings of the pilot project in
adopting rules.
Sec. 59.� Laws 2005,
First Special Session chapter 1, article 3, section 17, is amended to read:
Sec. 17.� FUND TRANSFER. �
By June 30, 2007, the commissioner of the Pollution
Control Agency shall transfer $4,000,000 is appropriated from the
metropolitan landfill contingency action trust account within the remediation
fund to the commissioner of finance for transfer to the renewable development
account, under Minnesota Statutes, section 116C.779.� This is a onetime transfer from the
metropolitan landfill contingency action trust account to the renewable
development account appropriation.�
It is the intent of the legislature to restore these funds to the
metropolitan landfill contingency action trust account as revenues become
available in the future to ensure the state meets future financial obligations
under Minnesota Statutes, section 473.845.�
The funds provided for in this transfer appropriation may
only be used to make the incentive payments for wind energy conversion systems
authorized under Minnesota Statutes, section 116C.779, subdivision 2.
Sec. 60.� OLYMPICS BID TASK FORCE.�
Subdivision 1.�
Task force; purpose.� A task force is created to study the
feasibility of Minnesota submitting a bid to host the summer Olympics.� The task force shall consist of 17 members,
appointed as follows:
(1) 13 members appointed by the governor, representing the
amateur sports community and segments of the corporate, nonprofit, and public
sectors that would be involved in preparing an Olympic bid and making
preparations for the summer Olympics if the bid were successful;
(2) one member appointed by the speaker of the house of
representatives;
(3) one member appointed by the minority leader of the house
of representatives; and
(4) one member from the majority party and one member from
the minority party in the senate, appointed according to the rules of the
senate.
Subd. 2.� Duties.� The task force shall investigate and
report to the legislature and the governor on the feasibility of Minnesota
submitting a bid to host the summer Olympics.�
The report shall include at least the following:
(1) an overview of the process for submitting a bid and an
assessment of the costs and steps required to complete that process;
(2) an assessment of the likely roles of the public and
private sectors in preparing a bid and in preparing to host the summer Olympic
games if the bid were successful; and
(3)
a preliminary assessment of the operational and capital costs and the
short-term and long-term benefits to Minnesota citizens, government, and
private sector businesses from hosting the summer Olympic games.
Subd. 3.� Administrative matters.� The commissioner of employment and
economic development must provide administrative and staff support for the task
force.� Members serve without
compensation.� Members serve as long as
the task force is in existence.� The task
force expires upon submitting the report required by this section.�
Sec. 61.� GEOTHERMAL HEAT PUMP STUDY.�
(a) From the money available to the Public Utilities
Commission for purposes of studies and technical assistance by the reliability
administrator under Minnesota Statutes, section 216C.052, and in conformity
with the goals and directives of section 16B.325, the reliability administrator
shall perform a comprehensive technical, economic, and environmental analysis
of the benefits to be derived from greater use in this state of geothermal heat
pump systems for heating and cooling air and heating water.� The analysis must:
(1) estimate the extent of geothermal heat pump systems
currently installed in this state in residential, commercial, and institutional
buildings;
(2) estimate energy and economic savings of geothermal heat
pump systems in comparison with fossil fuel-based heating and cooling systems,
including electricity use, on a capital cost and life-cycle cost basis, for
residential, commercial, and institutional buildings;
(3) compare the emission of pollutants and greenhouse gases
from geothermal heat pump systems and fossil fuel-based heating and cooling
systems;
(4) identify financial assistance available from state and
federal sources and Minnesota utilities to defray the costs of installing
geothermal heat pump systems;
(5) identify Minnesota firms currently manufacturing or
installing the physical components of geothermal heat pump systems and estimate
the economic development potential in this state if demand for such systems
increases significantly;
(6) identify the barriers to more widespread adoption of
geothermal heat pump systems in this state and suggest strategies to overcome
those barriers; and
(7) make recommendations for legislative action.
No more than $50,000 may be expended on the analysis.
(b) Not later than March 15, 2007, the reliability
administrator shall submit the results of the analysis in a report to the
chairs of the senate and house of representatives committees with primary
jurisdiction over energy policy.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 62.� INCREASED JOB TRAINING AND WAGES FOR
MINORITIES.�
Subdivision 1.�
Initiative.� The commissioner of employment and
economic development shall develop an initiative to promote employment
opportunities for minorities, including Native Americans.� The initiative shall have a particular focus
on employment opportunities for African Americans.� At a minimum, the initiative should
significantly expand the job training available to minorities and promote
substantial increases in the wages paid to minorities, within several years to
equality.
Subd.
2.
Sec. 63.� LABOR DISPUTE; OVERPAYMENTS.�
If an unemployment law judge decision in 2005 or 2006 awards
unemployment benefits in a case involving a labor dispute in the airline
industry, any unemployment benefits paid to the applicant shall not be
considered an overpayment under Minnesota Statutes, section 268.18, subdivision
1, if the unemployment law judge's award of unemployment benefits is reversed
by the Minnesota Court of Appeals or the Supreme Court of Minnesota.� A reversal of an award of unemployment
benefits by the Minnesota Court of Appeals or the Supreme Court of Minnesota
shall not result in any unemployment benefits that have been paid being used in
computing the experience rating of the employer under Minnesota Statutes,
section 268.047.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 64.� LABOR DISPUTE; BENEFITS.�
(a) Notwithstanding Minnesota Statutes, section 268.035,
subdivision 6, and any other provision of law to the contrary, an applicant for
unemployment benefits in a case involving a labor dispute whose case was
ordered to hearing by the commissioner in 2005 without an initial determination
who (1) has a benefit account date of August 2005 or September 2005, and (2)
was initially denied unemployment benefits by an unemployment law judge, shall
have a "benefit year" that lasts until December 30, 2006.
(b) The "waiting week" requirement of Minnesota
Statutes, section 268.085, subdivision 1, clause (5), shall not apply to
applicants covered by paragraph (a).
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 65.� DISLOCATED WORKER PROGRAM; ELIGIBILITY.�
(a) An individual whose claim for unemployment benefits is subject
to section 64 is deemed a dislocated worker for purposes of the dislocated
worker program contained in Minnesota Statutes, section 116L.17.� This paragraph is in addition to any other
law providing a basis for eligibility for dislocated worker program benefits.
(b) The commissioner of employment and economic development
may waive dislocated worker program requirements for individuals described in
paragraph (a) if the commissioner determines that the unique facts of an
employee's work cessation justifies a waiver.�
The waiver includes the authority to make retroactive payments for
training expenses incurred or obligated for prior to the time the individual
was eligible for the program.� The
waivers shall be granted on an individual basis.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 66.� PLUG-IN HYBRID ELECTRIC VEHICLE TASK
FORCE.�
Subdivision 1.�
Establishment; membership.� The plug-in hybrid electric vehicle task
force is established.� The task force
shall consist of 13 members as follows:
(1) one representative each from Xcel Energy and Great River
Energy;
(2)
one representative each from the Minnesota Department of Commerce, the
Minnesota Department of Transportation, and the Minnesota Pollution Control Agency;
(3) the director of the Travel Management Division of the
Minnesota Department of Administration, or the director's designee;
(4) a representative from the University of Minnesota
Department of Electrical Engineering;
(5) one representative each from Minnesota-based manufacturers
of electric batteries, automotive parts, and power electronics;
(6) a representative from an environmental advocacy
organization active in electricity issues;
(7) a representative of United Auto Workers Local 879; and
(8) a representative of the Ford Motor Company.
Subd. 2.� Appointment.� The chairs of the senate and house of
representatives committees with primary jurisdiction over energy policy shall
jointly appoint the task force members.
Subd. 3.� Cochairs.� The task force shall have two cochairs,
one appointed by each of the appointing authorities established in subdivision
2.
Subd. 4.� Charge.� (a) The plug-in hybrid electric vehicle
task force shall identify barriers to the adoption of plug-in hybrid electric vehicles
by state agencies, small and large private fleets, and Minnesota drivers
at-large and develop strategies to be implemented over one-, three-, and
five-year time frames to overcome those barriers.� Included in the analysis should be possible
financial incentives to encourage Ford Motor Company to produce plug-in hybrid,
flexible-fueled vehicles at its St. Paul plant.
(b) The task force shall consider and evaluate the data and
information presented to it under subdivision 5 in presenting its findings and
recommendations.
Subd. 5.� Data and analysis.� The commissioner of the Pollution Control
Agency shall analyze and report to the task force the environmental impacts of
purchasing plug-in hybrid electric vehicles for the state-owned vehicle fleet
and at penetration rates of ten percent, 25 percent, and 50 percent of all
motor vehicles registered in this state.�
The analysis must compare, for plug-in hybrid electric vehicles and
current fleet vehicles, air emissions of sulfur dioxide, nitrogen oxides, particulate
matter less than 2.5 microns in width, volatile organic compounds, and carbon
dioxide.
Subd. 6.� Expenses.� Members of the task force are entitled to
reimbursement for expenses under section 15.059, subdivision 6.� Member reimbursements shall be paid for by
the commissioner of commerce.
Subd. 7.� Staff.� The state agencies represented on the
commission shall provide staff support.
Subd. 8.� Report.� The task force shall present its findings
and recommendations in a report to the chairs of the senate and house of
representatives committees with primary jurisdiction over energy policy and
state government operations by April 1, 2007.
Subd. 9.� Definitions.� As used in this section, "plug-in
hybrid electric vehicles" means a vehicle containing an internal
combustion engine that also allows power to be delivered to the drive wheels by
a battery-powered electric motor, and that meets applicable federal motor
vehicle safety standards.� When connected
to the electrical grid via an electric outlet, the vehicle must be able to
recharge its battery.� The vehicle must
have the ability to travel at least 30 miles powered substantially by
electricity.
Subd.
10.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 67.� PILOT PROJECT; GREATER MINNESOTA
BUSINESS DEVELOPMENT INVESTMENTS.�
Subdivision 1.�
Investment fund.� The commissioner shall establish an
investment fund from which two investments must be made in qualified
organizations under this section.� The
commissioner shall return to the investment fund all funds repaid by qualifying
organizations under subdivision 4 and shall use these funds for subsequent
reinvestment in qualified organizations.
Subd. 2.� Qualified organizations.� The commissioner is authorized to make
investments in organizations that: (1) are established pursuant to Minnesota
Statutes, section 116J.415; (2) provide business financing to Greater Minnesota
businesses; and (3) had applied to the commissioner for initiative funds as of
April 1, 2006.
Subd. 3.� Authorized investments.� The commissioner shall invest funds in
the form of two loans to qualified organizations for the purpose of providing
capital to new and expanding businesses in the form of debt and/or equity.
Subd. 4.� Investment authorized.� The commissioner may make an
investment in a qualified organization only if the investment conforms to the
following terms:
(1) the qualified organization provides collateral or
security which guarantees repayment of not less than 100 percent of the funds
invested in the organization.
(2) the investment is made in the form of a loan to the
qualifying organization for a term of ten years, at an interest rate of one
percent.
(3) during the ten-year term of a loan, the qualified
organization shall make annual interest-only payments.
(4) at the end of the ten-year term of the loan, the
qualified organization is required to make a payment of the entire principal
amount of the initial loan.
(5) the state investment by the commissioner in a single
qualified organization may not exceed $575,000.
Subd. 5.� Requirements for state investments.� All investments are subject to an
investment agreement which must include:
(1) a description of the qualifying organization, including
business finance experience, qualifications and investment history;
(2) a description of the use(s) of investment proceeds by the
qualifying organization;
(3) an explanation of the investment objectives;
(4) a description of accounting and reporting standards to be
used by the qualifying organization; and
(5) a copy of the most recent audited financial statements of
the qualifying organization.
Sec.
68.� DEPOSIT
OF FEES; REPORT.�
All fees collected by the Minnesota Boxing Commission must be
deposited in the special revenue fund.�
Other than initial startup costs, the commission must be funded only
from proceeds of these fees.� By December
15, 2006, the commission must submit a report to the governor and the
legislature setting forth a fee schedule that raises sufficient revenues to
make the commission self-supporting beginning July 1, 2007.
ARTICLE 3
LABOR AND INDUSTRY
Section 1.� Minnesota
Statutes 2004, section 16B.61, subdivision 1a, is amended to read:
Subd. 1a.� Administration by commissioner.� The commissioner shall administer and enforce
the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state.�
The commissioner shall establish appropriate permit, plan review, and
inspection fees, and surcharges for public buildings and state licensed
facilities.� Fees and surcharges for
public buildings and state licensed facilities must be remitted to the
commissioner, who shall deposit them in the state treasury for credit to the
special revenue fund.
Municipalities other than the state having an agreement with
the commissioner for code administration and enforcement service for public
buildings and state licensed facilities shall charge their customary fees,
including surcharge, to be paid directly to the jurisdiction by the applicant
seeking authorization to construct a public building or a state licensed
facility.� The commissioner shall sign an
agreement with a municipality other than the state for plan review, code
administration, and code enforcement service for public buildings and state
licensed facilities in the jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to provide those
services and if the commissioner determines that the municipality has enough
adequately trained and qualified building inspectors to provide those services
for the construction project.
The commissioner may direct the state building official to
assist a community that has been affected by a natural disaster with building
evaluation and other activities related to building codes.
Administration and enforcement in a municipality under this
section must apply any optional provisions of the State Building Code adopted
by the municipality.� A municipality
adopting any optional code provision shall notify the state building official
within 30 days of its adoption.
The commissioner shall administer and enforce the provisions
of the code relating to elevators statewide, except as provided for under
section 16B.747, subdivision 3.
Sec. 2.� Minnesota
Statutes 2004, section 16B.65, subdivision 1, is amended to read:
Subdivision 1.� Designation.� By January 1, 2002, Each municipality
shall designate a building official to administer the code.� A municipality may designate no more than one
building official responsible for code administration defined by each
certification category established in rule.�
Two or more municipalities may combine in the designation of a building
official for the purpose of administering the provisions of the code within
their communities.� In those
municipalities for which no building officials have been designated, the state
building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or
permanent designation.� All costs
incurred by virtue of these services rendered by state employees must be borne
by the involved municipality and receipts arising from these services must be
paid into the state treasury and credited to the special revenue fund
to the commissioner.
Sec.
3.� Minnesota Statutes 2004, section
16B.65, subdivision 5a, is amended to read:
Subd. 5a.� Administrative action and penalties.� The commissioner shall, by rule, establish a
graduated schedule of administrative actions for violations of sections 16B.59
to 16B.75 and rules adopted under those sections.� The schedule must be based on and reflect the
culpability, frequency, and severity of the violator's actions.� The commissioner may impose a penalty from
the schedule on a certification holder for a violation of sections 16B.59 to
16B.75 and rules adopted under those sections.�
The penalty is in addition to any criminal penalty imposed for the same
violation.� Administrative monetary
penalties imposed by the commissioner must be paid to the special revenue fund.
Sec. 4.� Minnesota
Statutes 2004, section 16B.70, subdivision 2, is amended to read:
Subd. 2.� Collection and reports.� All permit surcharges must be collected by
each municipality and a portion of them remitted to the state.� Each municipality having a population greater
than 20,000 people shall prepare and submit to the commissioner once a month a
report of fees and surcharges on fees collected during the previous month but
shall retain the greater of two percent or that amount collected up to $25 to
apply against the administrative expenses the municipality incurs in collecting
the surcharges.� All other municipalities
shall submit the report and surcharges on fees once a quarter but shall retain
the greater of four percent or that amount collected up to $25 to apply against
the administrative expenses the municipalities incur in collecting the
surcharges.� The report, which must be in
a form prescribed by the commissioner, must be submitted together with a
remittance covering the surcharges collected by the 15th day following the
month or quarter in which the surcharges are collected.� All money collected by the commissioner
through surcharges and other fees prescribed by sections 16B.59 to 16B.75 shall
be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the State
Building Code under sections 16B.59 to 16B.75.
Sec. 5.� Minnesota
Statutes 2004, section 326.01, is amended by adding a subdivision to read:
Subd. 6n.� Electric sign and outline lighting.� The term "electric sign and outline
lighting" means electrically illuminated utilization equipment with words
or symbols designed to convey information, or light sources intended to call or
attract attention to objects, consisting of a single assembly, or two or more
subassemblies, listed and labeled by a Nationally Recognized Testing Laboratory
(NRTL); and skeleton tubing installations consisting of a transformer or power
supply listed by a Nationally Recognized Testing Laboratory and its connected
neon tubing.
Sec. 6.� Minnesota
Statutes 2004, section 326.01, is amended by adding a subdivision to read:
Subd. 6o. �Sign installer.� The term "sign installer" means
a person having the necessary qualifications, training, experience, and
technical knowledge to install, alter, repair, plan, lay out, and supervise the
installing, altering, and repairing of electrical wiring, apparatus, and
equipment for electric signs and outline lighting who is licensed as such by
the Department of Labor and Industry.
Sec. 7.� Minnesota
Statutes 2004, section 326.242, subdivision 3c, is amended to read:
Subd. 3c.� Bond.�
Every Class A and Class B installer, as a condition of licensure,
shall give bond to the state in the sum of $1,000 conditioned upon the faithful
and lawful performance of all work contracted for or entered upon by the
installer within the state of Minnesota, and such bond shall be for the benefit
of persons injured or suffering financial loss by reason of failure of such
performance.� Such bond shall be in lieu
of all other license bonds to any political subdivision of the state.� Such bond shall be written by a corporate
surety licensed to do business in the state of Minnesota.
Sec.
8.� Minnesota Statutes 2004, section
326.242, is amended by adding a subdivision to read:
Subd. 3e.� Sign installer.� (a) Except as otherwise provided by law,
no person shall install, alter, repair, plan, lay out, or supervise the
installing, altering, or repairing of electrical wiring, apparatus, or
equipment for electric signs and outline lighting unless:
(1) the person is licensed by the Department of Labor and
Industry as a sign installer; and
(2) the electrical work is for a licensed contractor and the
person is an employee, partner, or officer of, or is the licensed contractor.
(b) The installation of circuitry supplying and
interconnecting electric sign and outline lighting assemblies by a sign
installer is limited to the following:
(1) extension of circuits rated not more than 30 amperes from
a sign disconnect or sign outlet box to electric sign and outline lighting
assemblies, transformers, or power supplies, provided the extension of the
branch circuit is not longer than 50 feet; and
(2) interconnection of electric sign and outline lighting
subassemblies, provided the interconnection circuits are not longer than 50
feet.
(c) An applicant for a sign installer license shall:
(1) be a graduate of a four-year electrical course in an
accredited college or university; or
(2) have had at least 24 months experience, acceptable to the
Department of Labor and Industry, in planning for, laying out, supervising, and
installing wiring, apparatus, or equipment for electric sign and outline
lighting installations, provided that the Department of Labor and Industry may
by rule provide for up to 12 months (2,000 hours) of experience credit for
successful completion of a two-year post high school electrical course or other
technical training approved by the Department of Labor and Industry.
(d) All applicants for a sign installer license shall
successfully complete a sign installer training course consisting of not less
than 40 hours of classroom instruction provided or approved by the Department
of Labor and Industry.
(e) The Department of Labor and Industry may initially set
experience requirements without rulemaking, but must adopt rules before January
1, 2008.
(f) Licensees must attain eight hours of continuing education
acceptable to the Department of Labor and Industry every renewal period.
Sec. 9.� Minnesota
Statutes 2004, section 326.242, subdivision 5, is amended to read:
Subd. 5.� Unlicensed persons.� (a) An unlicensed person shall not perform
electrical work unless the work is performed under the personal supervision of
a person actually licensed to perform such work and the licensed electrician
and unlicensed persons are employed by the same employer.� Licensed persons shall not permit unlicensed
persons to perform electrical work except under the personal supervision of a
person actually licensed to perform such work.�
Unlicensed persons shall not supervise the performance of electrical
work or make assignments of electrical work to unlicensed persons.� Except for technology circuit or system work,
licensed persons shall supervise no more than two unlicensed persons.� For technology circuit or system work, licensed
persons shall supervise no more than three unlicensed persons.
(b)
Notwithstanding any other provision of this section, no person other than a
master electrician, sign installer, or power limited technician shall
plan or lay out electrical wiring, apparatus, or equipment for light, heat,
power, or other purposes, except circuits or systems exempted from personal
licensing by subdivision 12, paragraph (b).
(c) Contractors employing unlicensed persons performing
electrical work shall maintain records establishing compliance with this
subdivision, which shall designate all unlicensed persons performing electrical
work, except for persons working on circuits or systems exempted from personal
licensing by subdivision 12, paragraph (b), and shall permit the board to
examine and copy all such records as provided for in section 326.244,
subdivision 6.
Sec. 10.� Minnesota
Statutes 2004, section 326.242, subdivision 6a, is amended to read:
Subd. 6a.� Bond required.� Each contractor shall give and maintain bond
to the state in the penal sum of $5,000 conditioned upon the faithful and lawful
performance of all work entered upon by the contractor within the state of
Minnesota and such bond shall be for the benefit of persons injured or
suffering financial loss by reason of failure of such performance.� The bond shall be filed with the board
Department of Labor and Industry and shall be in lieu of all other license
bonds to any political subdivision.� Such
bond shall be written by a corporate surety licensed to do business in the
state of Minnesota.
Sec. 11.� Minnesota
Statutes 2004, section 326.242, subdivision 6b, is amended to read:
Subd. 6b.� Insurance required.� Each contractor shall have and maintain in
effect general liability insurance, which includes premises and operations
insurance and products and completed operations insurance, with limits of at
least $100,000 per occurrence, $300,000 aggregate limit for bodily injury, and
property damage insurance with limits of at least $25,000 or a policy with a
single limit for bodily injury and property damage of $300,000 per occurrence and
$300,000 aggregate limits.� Such
insurance shall be written by an insurer licensed to do business in the state
of Minnesota and each contractor shall maintain on file with the board
Department of Labor and Industry a certificate evidencing such insurance
which provides that such insurance shall not be canceled without the insurer
first giving 15 days written notice to the board Department of Labor
and Industry of such cancellation.
Sec. 12.� Minnesota
Statutes 2004, section 326.242, subdivision 6c, is amended to read:
Subd. 6c.� Employment of master electrician, sign
installer, or power limited technician.�
(a) No contractor shall engage in business of electrical contracting
unless the contractor employs a licensed Class A master or Class B master
electrician, sign installer, or power limited technician, who shall be
responsible for the performance of all electrical work in accordance with the
requirements of sections 326.241 to 326.248 or any rule or order adopted or
issued under these sections.� The classes
of work for which the licensed contractor is authorized shall be limited to
those for which such Class A master electrician, Class B master electrician, sign
installer, or power limited technician employed by the contractor is
licensed.
(b) When a contractor's license is held by an individual,
partnership, limited liability company, or corporation and the individual, one
of the partners, one of the members, or an officer of the corporation,
respectively, is not the responsible master electrician, sign installer,
or power limited technician of record, all requests for inspection shall be
signed by the responsible master electrician, sign installer, or power
limited technician of record.� The
designated responsible master electrician, sign installer, or power
limited technician of record shall be employed by the individual, partnership,
limited liability company, or corporation which is applying for a contractor's
license and shall not be employed in any capacity as a licensed electrician,
licensed sign installer, or licensed technician by any other contractor or
employer designated in subdivision 12.
(c) All applications for contractor's licenses and all
renewals shall include a verified statement that the applicant or licensee has
complied with this subdivision.
Sec.
13.� Minnesota Statutes 2004, section
326.242, subdivision 7, is amended to read:
Subd. 7.� Examination.� In addition to the requirements imposed
herein and except as herein otherwise provided, as a precondition to issuance
of a personal license, each applicant must pass a written or oral examination
given by the board to insure the competence of each applicant for license.� An oral examination shall be administered
only to an applicant who furnishes a written statement from a certified teacher
or other professional, trained in the area of reading disabilities stating that
the applicant has a specific reading disability which would prevent the
applicant from performing satisfactorily on a written test.� The oral examination shall be structured so
that an applicant who passes the examination will not impair the applicant's
own safety or that of others while acting as a licensed person.� No person failing an examination may retake
it for six months thereafter, but within such six months the person may take an
examination for a lesser grade of license.�
Any licensee failing to renew a license for two years or more after its
expiration shall be required to retake the examination before being issued a
new license.
An applicant for a personal license shall submit to the board
Department of Labor and Industry an application and examination fee at the
time of application.� Upon approval of
the application, the board Department of Labor and Industry shall
schedule the applicant for the next available examination, which shall be held
within 60 days.� The applicant shall be
allowed one opportunity to reschedule an examination without being required to
submit another application and examination fee.�
Additionally, an applicant who fails an examination, or whose
application has been disapproved, must submit another application and
examination fee.
Sec. 14.� Minnesota
Statutes 2004, section 326.242, subdivision 8, is amended to read:
Subd. 8.� License and renewal fees.� All licenses issued hereunder shall expire in
a manner as provided by the board Department of Labor and Industry.� Fees, as set by the board, shall be
payable for examination, issuance and renewal of the following for
application and examination, and issuance of original license and renewal are:
(1) For each personal license application and examination:
$35.
Class A Master.
Class B Master.
Class A Journeyman, Class B Journeyman, Installer, Power
Limited Technician, or Special Electrician.
(2) For issuance of original license and renewal:
Class A Master.: $40 per year, prorated quarterly;
Class B Master.: $25 per year;
Power Limited Technician.: 15 per year;
Class A Journeyman, Class B Journeyman, Installer, Sign
Installer, or Special Electrician.: $15 per year;
Electrical contractor.: $100 per year, prorated
quarterly;
Technology Systems Contractor.: $100 per year,
prorated quarterly.
(3) An individual or contractor who fails to renew a license
before 30 days after the expiration of the license must submit a late fee equal
to one year's license fee in addition to the full renewal fee.� Fees for renewed licenses are not
prorated.� An individual or contractor
that fails to renew a license by the expiration date is unlicensed until the
license is renewed.
Sec.
15.� Minnesota Statutes 2004, section
326.992, is amended to read:
326.992 BOND REQUIREMENT;
GAS, HEATING, VENTILATION, AIR CONDITIONING, REFRIGERATION (G/HVACR)
CONTRACTORS.�
(a) A person contracting to do gas, heating, ventilation,
cooling, air conditioning, fuel burning, or refrigeration work must give bond
to the state in the amount of $25,000 for all work entered into within the
state.� The bond must be for the benefit
of persons suffering financial loss by reason of the contractor's failure to
comply with the requirements of the State Mechanical Code.� A bond given to the state must be filed with
the commissioner of administration of labor and industry and is
in lieu of all other bonds to any political subdivision required for work
covered by this section.� The bond must
be written by a corporate surety licensed to do business in the state.
(b) The commissioner of administration of labor and
industry may charge each person giving bond under this section an annual
bond filing fee of $15.� The money
must be deposited in a special revenue fund and is appropriated to the
commissioner to cover the cost of administering the bond program.
Sec. 16.� [326B.04] DEPOSIT OF MONEY.�
Subdivision 1.�
Construction code fund.� There is created in the state treasury a
construction code fund as a special revenue fund for the purpose of
administering this chapter, sections 327.31 to 327.36, and chapter 327B.� All money collected under those sections,
except penalties, is credited to the construction code fund unless otherwise
specifically designated by law.� Any
interest or profit accruing from investment of these sums is credited to the
construction code fund.� All money
collected in the construction code fund is appropriated to the commissioner of
labor and industry to administer and enforce the provisions of the laws
identified in this section.
Unless otherwise provided by law, all penalties assessed under
this chapter, section 327.35, and chapter 327B are credited to the assigned
risk safety account established by section 79.253.
Subd. 2.� Deposits.� All remaining balances as of June 30,
2006, in the state government special revenue fund and special revenue fund
accounts maintained for the Building Codes and Standards Division, Board of
Electricity, and plumbing and engineering unit are transferred to the
construction code fund.� Unless otherwise
specifically designated by law: (1) all money collected under chapter 183 and
sections 16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37
to 326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01
to 327B.12, except penalties, is credited to the construction code fund; (2)
all fees collected under section 45.23 in connection with continuing education
for residential contractors, residential remodelers, and residential roofers
are credited to the construction code fund; and (3) all penalties assessed
under the sections set forth in clauses (1) and (2) and all penalties assessed
under sections 144.99 to 144.993 in connection with any violation of sections
326.37 to 326.45 or 326.57 to 326.65 or the rules adopted under those sections
are credited to the assigned risk safety account established by section 79.253.
Sec. 17.� Minnesota
Statutes 2004, section 327.33, subdivision 2, is amended to read:
Subd. 2.� Fees.�
The commissioner shall by rule establish reasonable fees for seals,
installation seals and inspections which are sufficient to cover all costs
incurred in the administration of sections 327.31 to 327.35.� The commissioner shall also establish by rule
a monitoring inspection fee in an amount that will comply with the secretary's
fee distribution program.� This
monitoring inspection fee shall be an amount paid by the manufacturer for each
manufactured home produced in Minnesota.�
The monitoring inspection fee shall be paid by the manufacturer to the
secretary.� The rules of the fee
distribution program require the secretary to distribute the fees collected
from all manufactured home manufacturers among states approved and conditionally
approved based on the number of new manufactured homes whose first location
after leaving the manufacturer is on the premises of a distributor, dealer or
purchaser in that state.� All money
collected by the commissioner through fees prescribed by sections 327.31 to
327.36 shall be deposited in the state government special revenue fund and is
appropriated to the commissioner for the purpose of administering and enforcing
the Manufactured Home Building Code under sections 327.31 to 327.36.
Sec.
18.� Minnesota Statutes 2004, section 327.33,
subdivision 6, is amended to read:
Subd. 6.� Authorization as agency.� The commissioner shall apply to the secretary
for approval of the commissioner as the administrative agency for the
regulation of manufactured homes under the rules of the secretary.� The commissioner may make rules for the
administration and enforcement of department responsibilities as a state
administrative agency including, but not limited to, rules for the handling of
citizen's complaints.� All money received
for services provided by the commissioner or the department's authorized agents
as a state administrative agency shall be deposited in the general construction
code fund.� The commissioner is
charged with the adoption, administration, and enforcement of the Manufactured
Home Construction and Safety Standards, consistent with rules and regulations
promulgated by the United States Department of Housing and Urban
Development.� The commissioner may adopt
the rules, codes, and standards necessary to enforce the standards promulgated
under this section.� The commissioner is
authorized to conduct hearings and presentations of views consistent with
regulations adopted by the United States Department of Housing and Urban
Development and to adopt rules in order to carry out this function.
Sec. 19.� Minnesota
Statutes 2004, section 327B.04, subdivision 7, is amended to read:
Subd. 7.� Fees; licenses; when granted.� Each application for a license or license
renewal must be accompanied by a fee in an amount established by the commissioner
by rule pursuant to section 327B.10.� The
fees shall be set in an amount which over the fiscal biennium will produce
revenues approximately equal to the expenses which the commissioner expects to
incur during that fiscal biennium while administering and enforcing sections
327B.01 to 327B.12.� All money
collected by the commissioner through fees prescribed in sections 327B.01 to
327B.12 shall be deposited in the state government special revenue fund and is
appropriated to the commissioner for purposes of administering and enforcing
the provisions of this chapter.� The
commissioner shall grant or deny a license application or a renewal application
within 60 days of its filing.� If the
license is granted, the commissioner shall license the applicant as a dealer or
manufacturer for the remainder of the calendar year.� Upon application by the licensee, the
commissioner shall renew the license for a two year period, if:
(a) the renewal application satisfies the requirements of
subdivisions 3 and 4;
(b) the renewal applicant has made all listings,
registrations, notices and reports required by the commissioner during the
preceding year; and
(c) the renewal applicant has paid all fees owed pursuant to
sections 327B.01 to 327B.12 and all taxes, arrearages, and penalties owed to
the state.
Sec. 20.� Minnesota
Statutes 2004, section 471.471, subdivision 4, is amended to read:
Subd. 4.� Application process.� A person seeking a waiver shall apply to the Building
Code and Standards Division of the Department of Administration Labor
and Industry on a form prescribed by the board and pay a $70 fee to the
construction code fund.� The division
shall review the application to determine whether it appears to be meritorious,
using the standards set out in subdivision 3.�
The division shall forward applications it considers meritorious to the
board, along with a list and summary of applications considered not to be
meritorious.� The board may require the
division to forward to it an application the division has considered not to be
meritorious.� The board shall issue a
decision on an application within 90 days of its receipt.� A board decision to approve an application
must be unanimous.� An application that
contains false or misleading information must be rejected.
Sec.
21.� REPEALER.�
Minnesota Statutes 2004, sections 16B.747, subdivision 4;
183.375, subdivision 5; 326.241, subdivision 3; 326.44; 326.52; and 326.64, and
Minnesota Statutes 2005 Supplement, section 183.545, subdivision 9, are
repealed.
ARTICLE 4
HUMAN SERVICES
������������������������������������������������������������������������������������������������������������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Section 1.�
COMMISSIONER OF HUMAN SERVICES
����� Subdivision 1.� Total
Appropriation ������������������������������������������������������������������������������������������ $-0-��������������������� $5,434,000
Summary by
Fund
Allgemein������������������������������� (7,484,000)�������������������������� (14,852,000)
Federal
TANF���������������������� 7,484,000����������������������������� 20,111,000
Special
Revenue����������������������������� -0-���������������������������������� 175,000
TANF
MAINTENANCE OF EFFORT.� Notwithstanding Laws 2005, First
Special Session chapter 4, article 9, section 2, subdivision 1, the
commissioner shall ensure that for fiscal year 2007, the maintenance of effort used
by the commissioner of finance for the February and November forecasts required
under Minnesota Statutes, section 16A.103, contains expenditures under the
TANF/MOE rider in Laws 2005, First Special Session chapter 4, article 9,
section 2, subdivision 1, equal to at least 21 percent of the total required
under Code of Federal Regulations, title 45, section 263.1.
INCREASE WORKING FAMILY CREDIT EXPENDITURES TO BE CLAIMED FOR TANF/MOE.�
In addition to the amounts provided in
Laws 2005, First Special Session chapter 4, article 9, section 2, subdivision
1, the commissioner may count the following amounts of working family credit
expenditures as TANF/MOE:
����� (1) fiscal year 2006, $9,858,000;
����� (2) fiscal year 2007, $5,785,000;
����� (3) fiscal year 2008, $24,936,000; and
����� (4) fiscal year 2009, $23,653,000.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
Notwithstanding any section to the contrary, this section
sunsets June 30, 2009.
TANF
APPROPRIATION FOR WORKING FAMILY CREDIT.� $5,151,000
in fiscal year 2007 is appropriated from federal TANF funds to the commissioner
of human services.� These funds shall be
transferred to the commissioner of revenue to deposit into the general fund for
the working family credit under Minnesota Statutes, section 290.0671.� This is a onetime appropriation.
����� Subd. 2.� Children
and Economic Assistance Grants
Summary by
Fund
Allgemein������������������������������� (7,484,000)�������������������������� (14,852,000)
Federal
TANF���������������������� 7,484,000����������������������������� 14,960,000
Special
Revenue����������������������������� -0-���������������������������������� 175,000
(a)
MFIP-DWP Grants
Allgemein������������������ ������������ (7,484,000)������������������������������� 7,484,000
Federal
TANF���������������������� 7,484,000���������������������������� (7,484,000)
(b) MFIP
Child Care Assistance Grants
Allgemein��������������������������������������������� -0-������������������������������������ 62,000
Federal
TANF��������������������������������� -0-������������������������������������������ -0-
CHILD CARE ABSENT DAY LIMITS.� $62,000 in fiscal year 2007 is
appropriated from the general fund to the commissioner of human services for
the MFIP/transition year child care program for the purposes of Minnesota
Statutes, section 119B.13, subdivision 7.�
The general fund base for MFIP child care assistance grants under Minnesota Statutes,
section 119B.05, is increased by $103,000 in fiscal year 2008 and by $102,000
in fiscal year 2009.
INCREASE
TANF TRANSFER TO FEDERAL CHILD CARE AND DEVELOPMENT FUND.� In addition to the TANF
amounts provided in Laws 2005, First Special Session chapter 4, article 9, section 2, subdivisions 3 and 4,
$2,317,000 in fiscal year 2008 and $1,027,000 in fiscal year 2009
is appropriated to the
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
commissioner for the purposes of MFIP/transition year child
care under Minnesota Statutes, section 119B.05, and shall be added to the base
for fiscal years 2008 and 2009.� The
commissioner shall authorize transfer of sufficient TANF funds to the federal
child care and development fund to meet this appropriation and shall ensure
that all transferred funds are expended according to the federal child care and
development fund regulations.�
Notwithstanding any law to the contrary, this paragraph shall not
sunset.
(c) Basic Sliding Fee Child Care Assistance Grants
Allgemein��������������������������������������������� -0-������������������������������������ 46,000
Federal
TANF��������������������������������� -0-������������������������������������������ -0-
CHILD CARE
ABSENT DAY LIMITS.� $46,000 in fiscal year 2007 is
appropriated from the general fund to the commissioner of human services for
the basic sliding fee child care program for the purposes of Minnesota
Statutes, section 119B.13, subdivision 7.�
The general fund base for basic sliding fee child care grants under
Minnesota Statutes, section 119B.03, is increased by $76,000 in fiscal year
2008 and by $78,000 in fiscal year 2009.
BASIC
SLIDING FEE ALLOCATIONS; CONVERSION TO AUTOMATED SYSTEM.� As determined by the commissioner,
counties may use up to six percent of either calendar year 2008 or 2009
allocations under Minnesota Statutes, section 119B.03, to fund accelerated
payments that may occur during the preceding calendar year during conversion to
the automated child care assistance program system.� If conversion occurs over two calendar years,
counties may use up to three percent of the combined calendar year allocations
to fund accelerated payments.� Funding
advanced under this paragraph shall be considered part of the allocation from
which it was originally advanced for purposes of setting future allocations
under Minnesota Statutes, section 119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs under Minnesota Statutes,
section 119B.15.� Notwithstanding the
provisions of any law to the contrary, this paragraph sunsets December 31,
2009.
CHILD CARE
AND DEVELOPMENT FUND; FEDERAL DEFICIT REDUCTION ACT OF 2005.� Increased child care funds from the
federal Deficit Reduction Act of 2005 may be allocated by the commissioner for
the basic sliding fee child care program.
������������������������������������������������������������������������������������������������������ APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
(d) Children and Community Services Grants
Allgemein������������������ �������������������������� -0-�������������������������� (22,444,000)
Federal
TANF��������������������������������� -0-����������������������������� 22,444,000
TANF
TRANSFER TO SOCIAL SERVICES BLOCK GRANT.� $22,444,000 in fiscal year 2007 is
appropriated to the commissioner to be transferred to the state's federal
social services block grant for the purposes of providing services for families
with children whose incomes are at or below 200 percent of the federal poverty
guidelines.� The funds shall be
distributed to counties for the children and community services grant according
to the formula for the state appropriations in Minnesota Statutes, chapter
256M.� This is a onetime
appropriation.� Notwithstanding any law
to the contrary, this paragraph sunsets June 30, 2007.
The fiscal year 2007 children and community services grant
general fund appropriation under Laws 2005, First Special Session chapter 4,
article 9, section 2, subdivision 4, paragraph (h), is reduced by
$22,444,000.� The general fund base for
children and community services grants is increased by $22,444,000 in fiscal
year 2008 and $22,444,000 in fiscal year 2009.
CHILDREN
AND COMMUNITY SERVICES GRANTS. Notwithstanding Minnesota
Statutes, section 256M.50, supplemental social service block grant funds of
$153,936 appropriated under the federal 2005 Department of Defense
Appropriations Act, Public Law 109-148, shall be allocated proportionately to
those counties that served hurricane evacuees and reported those services on
the Social Service Information System (SSIS).
(e) Other Children and Economic Assistance Grants
Special
Revenue����������������������������� -0-���������������������������������� 175,000
COMMISSION
SERVING DEAF AND HARD-OF-HEARING PEOPLE.� $175,000 is appropriated from the
telecommunications access Minnesota fund under Minnesota Statutes, section
237.52, to the commissioner of human services for fiscal year 2007, to
supplement the ongoing operational expenses of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People.� This
appropriation shall be added to the commission's base.
ARTICLE
5
HUMAN SERVICES FORECAST ADJUSTMENTS
����� Section 1.�
DEPARTMENT OF HUMAN SERVICES
FORECAST ADJUSTMENT.
����� The dollar amounts shown are added to
or, if shown in parentheses, are subtracted from the appropriations in Laws
2005, First Special Session chapter 4, and are appropriated from the general
fund, or any other fund named, to the Department of Human Services for the
purposes specified in this article, to be available for the fiscal year
indicated for each purpose.� The figures
"2006" and "2007" used in this article means that the
appropriation or appropriations listed are available for the respective fiscal
year ending June 30, 2006 or June 30, 2007.
������������������������������������������������������������������������������������������������������������������������������������������������������������� APPROPRIATIONS
������������������������������������������������������������������������������������������������������������������������������������������������������������ Available
for the Year
������������������������������������������������������������������������������������������������������������������������������������������������������������������ Ending June
30
���������������������������������������������������������������������������������������������������������������������������������������������������� 2006�������������������������������������� 2007
����� Sec. 2.�
COMMISSIONER OF HUMAN SERVICES
����� Subdivision 1.� Total
Appropriation �������������������������������������������������������������������������� $(16,830,000)��������������������� $(904,000)
Summary by
Fund
Allgemein������������������������������� (4,469,000)������������������������������� 1,785,000
TANF������������������������������� (12,361,000)���������������������������� (2,689,000)
����� Subd. 2.� Children
and Economic Assistance Grants
Summary by
Fund
Allgemein������������������������������� (4,469,000)������������������������������� 1,785,000
TANF������������������������������� (12,361,000)���������������������������� (2,689,000)
The amount
that may be spent from this appropriation for each purpose is as follows:
(a)
Minnesota Family Investment Program
Allgemein����������������������������������������������������� 6,048,000������������ (393,000)
TANF�������������������������������������������������� (12,361,000)��������� (2,689,000)
(b) MFIP
Child Care Assistance Grants
General Fund���������������������������������������� (5,090,000)������������ 2,751,000
(c) General
Assistance�������������������������� 2,540,000������������ 3,947,000
(d) Minnesota
Supplemental Aid��������� (285,000)��������������� 551,000
(e) Group
Residential Housing���������� (7,682,000)��������� (5,071,000)
ARTICLE
6
CHILDREN AND FAMILIES
Section 1.� Minnesota
Statutes 2004, section 119B.03, subdivision 4, is amended to read:
Subd. 4.� Funding priority.� (a) First priority for child care assistance
under the basic sliding fee program must be given to eligible non-MFIP families
who do not have a high school or general equivalency diploma or who need
remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to
participate in the education program.�
Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority
group described in this paragraph.
(b) Second priority must be given to parents who have
completed their MFIP or DWP transition year, or parents who are no longer
receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible
for portable basic sliding fee assistance through the portability pool under
subdivision 9.
(d) Fourth priority must be given to families in which at
least one parent is a veteran as defined under section 197.447.
(d) (e) Families under paragraph (b) must
be added to the basic sliding fee waiting list on the date they begin the
transition year under section 119B.011, subdivision 20, and must be moved into
the basic sliding fee program as soon as possible after they complete their
transition year.
Sec. 2.� Minnesota
Statutes 2005 Supplement, section 119B.13, subdivision 7, is amended to read:
Subd. 7.� Absent days.� (a) Child care providers may not be
reimbursed for more than 25 full-day absent days per child, excluding
holidays, in a fiscal year, or for more than ten consecutive full-day absent
days, unless the child has a documented medical condition that causes more
frequent absences.� Documentation of
medical conditions must be on the forms and submitted according to the
timelines established by the commissioner.�
If a child attends for part of the time authorized to be in care in a
day, but is absent for part of the time authorized to be in care in that same
day, the absent time will be reimbursed but the time will not count toward the
ten consecutive or 25 cumulative absent day limits.� If a child attends part of an authorized day,
payment to the provider must be for the full amount of care authorized for that
day.� Child care providers may only be
reimbursed for absent days if the provider has a written policy for child
absences and charges all other families in care for similar absences.
(b) Child care providers must be reimbursed for up to ten
federal or state holidays or designated holidays per year when the provider
charges all families for these days and the holiday or designated holiday falls
on a day when the child is authorized to be in attendance.� Parents may substitute other cultural or
religious holidays for the ten recognized state and federal holidays.� Holidays do not count toward the ten
consecutive or 25 cumulative absent day limits.
(c)
A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care
authorized for the family, (2) all of the allowed full-day absent payments for
the child have been paid, or (3) the family or provider did not timely report a
change as required under law.
(d) The provider and family must receive notification upon
initial authorization for services and ongoing notification of the number of
absent days used as of the date of the notification.
EFFECTIVE
DATE.� This section is
effective July 1, 2006.
Sec. 3.� Minnesota
Statutes 2004, section 245A.023, is amended to read:
245A.023 IN-SERVICE
TRAINING.�
(a) For purposes of child care centers, in-service
training must be completed within the license period for which it is
required.� In-service training completed
by staff persons as required must be transferable upon a staff person's change
in employment to another child care program.�
License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.
(b) For purposes of family and group family child care, the
license holder and each primary caregiver must complete 12 hours of training
each year.� For purposes of this section,
a primary caregiver is an adult caregiver who provides services in the licensed
setting more than 30 days in any 12-month period.
Sec. 4.� Minnesota
Statutes 2004, section 245A.14, is amended by adding a subdivision to read:
Subd. 9a.� Early childhood development training.� (a) For purposes of child care centers,
the director and all staff, after July 1, 2006, shall complete and document at
least two hours of early childhood development training within the first year
of employment.� Training completed under
this subdivision may be used to meet the requirements of Minnesota Rules, part
9503.0035, subparts 1 and 4.
(b) For purposes of family and group family child care, the
license holder and each adult caregiver who provide care in the licensed
setting more than 30 days in any 12-month period shall complete and document at
least two hours of early childhood development training within the first year
of licensure or employment.� Training
completed under this subdivision may be used to meet the requirements of
Minnesota Rules, part 9502.0385, subparts 2 and 3.
(c) Notwithstanding paragraphs (a) and (b), individuals are
exempt from this requirement if they:
(1) have taken a three-credit course on early childhood
development within the past five years;
(2) have received a baccalaureate or masters degree in early
childhood education or school age child care within the past five years;
(3) are licensed in Minnesota as a prekindergarten teacher,
an early childhood educator, a kindergarten to grade 6 teacher with a
prekindergarten specialty, an early childhood special education teacher, or an
elementary teacher with a kindergarten endorsement; or
(4) have received a baccalaureate degree with a Montessori
certificate within the past five years.
Sec.
5.� Minnesota Statutes 2005 Supplement,
section 245A.146, subdivision 3, is amended to read:
Subd. 3.� License holder documentation of cribs.� (a) Annually, from the date printed on the
license, all license holders shall check all their cribs' brand names and model
numbers against the United States Consumer Product Safety Commission Web site
listing of unsafe cribs.
(b) The license holder shall maintain written documentation
to be reviewed on site for each crib showing that the review required in
paragraph (a) has been completed, and which of the following conditions
applies:
(1) the crib was not identified as unsafe on the United
States Consumer Product Safety Commission Web site;
(2) the crib was identified as unsafe on the United States
Consumer Product Safety Commission Web site, but the license holder has taken
the action directed by the United States Consumer Product Safety Commission to
make the crib safe; or
(3) the crib was identified as unsafe on the United States
Consumer Product Safety Commission Web site, and the license holder has removed
the crib so that it is no longer used by or accessible to children in care.
(c) Documentation of the review completed under this
subdivision shall be maintained by the license holder on site and made
available to parents of children in care and the commissioner.
(d) Notwithstanding Minnesota Rules, part 9502.0425, a family
child care provider that complies with this section may use a mesh sided
playpen or crib that has not been identified as unsafe on the United States
Consumer Product Safety Commission Web site for the care or sleeping of
infants.
Sec. 6.� Minnesota
Statutes 2004, section 256J.021, is amended to read:
256J.021 SEPARATE STATE
PROGRAM FOR USE OF STATE MONEY.�
Beginning (a) Until October 1,
2001, and each year thereafter 2006, the commissioner of human
services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this
state under section 256J.12, and who is part of a two-parent eligible household
as expenditures under a separately funded state program and report those
expenditures to the federal Department of Health and Human Services as separate
state program expenditures under Code of Federal Regulations, title 45, section
263.5.
(b) Beginning October 1, 2006, the commissioner of human
services must treat MFIP expenditures made to or on behalf of any minor child
under section 256J.02, subdivision 2, clause (1), who is a resident of this
state under section 256J.12, and who is part of a two-parent eligible household
as expenditures under a separately funded state program.� These expenditures shall not count toward the
state's maintenance of effort (MOE) requirements under the federal Temporary
Assistance to Needy Families (TANF) program except if counting certain families
would allow the commissioner to avoid a federal penalty.� Families receiving assistance under this
section must comply with all applicable requirements in this chapter.
Sec. 7.� Minnesota
Statutes 2004, section 256J.626, subdivision 2, is amended to read:
Subd. 2.� Allowable expenditures.� (a) The commissioner must restrict
expenditures under the consolidated fund to benefits and services allowed under
title IV-A of the federal Social Security Act.�
Allowable expenditures under the consolidated fund may include, but are
not limited to:
(1)
short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section
260.31, for families who meet the residency requirement in section 256J.12,
subdivisions 1 and 1a.� Payments under
this subdivision are not considered TANF cash assistance and are not counted
towards the 60-month time limit;
(2) transportation needed to obtain or retain employment or
to participate in other approved work activities;
(3) direct and administrative costs of staff to deliver
employment services for MFIP or the diversionary work program, to administer
financial assistance, and to provide specialized services intended to assist
hard-to-employ participants to transition to work;
(4) costs of education and training including functional work
literacy and English as a second language;
(5) cost of work supports including tools, clothing, boots,
and other work-related expenses;
(6) county administrative expenses as defined in Code of
Federal Regulations, title 45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP or diversionary work program
participants to participate in social services;
(11) child care to ensure that families leaving MFIP or
diversionary work program will continue to receive child care assistance from
the time the family no longer qualifies for transition year child care until an
opening occurs under the basic sliding fee child care program; and
(12) services to help noncustodial parents who live in
Minnesota and have minor children receiving MFIP or DWP assistance, but do not
live in the same household as the child, obtain or retain employment.
(b) Administrative costs that are not matched with county
funds as provided in subdivision 8 may not exceed 7.5 percent of a county's or
15 percent of a tribe's allocation under this section.� The commissioner shall define administrative
costs for purposes of this subdivision.
(c) The commissioner may waive the cap on administrative
costs for a county or tribe that elects to provide an approved supported
employment, unpaid work, or community work experience program for a major
segment of the county's or tribe's MFIP population.� The county or tribe must apply for the waiver
on forms provided by the commissioner.�
In no case shall total administrative costs exceed the TANF limits.
Sec. 8.� [256K.60] RUNAWAY AND HOMELESS YOUTH
ACT.�
Subdivision 1.�
Definitions.� (a) The definitions in this subdivision
apply to this section.
(b) "Commissioner" means the commissioner of human
services.
(c) "Homeless youth" means a person 21 years or
younger who is unaccompanied by a parent or guardian and is without shelter
where appropriate care and supervision are available, whose parent or legal
guardian is unable or unwilling to provide shelter and care, or who lacks a
fixed, regular, and adequate nighttime residence.� The following are not fixed, regular, or
adequate nighttime residences:
(1)
a supervised publicly or privately operated shelter designed to provide
temporary living accommodations;
(2) an institution publicly or privately operated shelter
designed to provide temporary living accommodations;
(3) transitional housing;
(4) a temporary placement with a peer, friend, or family
member that has not offered permanent residence, a residential lease, or
temporary lodging for more than 30 days; or
(5) a public or private place not designed for, nor
ordinarily used as, a regular sleeping accommodation for human beings.
Homeless youth does not include persons incarcerated or
otherwise detained under federal or state law.
(d) "Youth at risk of homelessness" means a person
21 years or younger whose status or circumstances indicate a significant danger
of experiencing homelessness in the near future.� Status or circumstances that indicate a
significant danger may include youth exiting out-of-home placements, youth who
previously were homeless, youth whose parents or primary caregivers are or were
previously homeless, youth who are exposed to abuse and neglect in their homes,
youth who experience conflict with parents due to chemical or alcohol
dependency, mental health disabilities, or other disabilities, and runaways.
(e) "Runaway" means an unmarried child under the
age of 18 years who is absent from the home of a parent or guardian or other
lawful placement without the consent of the parent, guardian, or lawful
custodian.
Subd. 2.� Homeless and runaway youth report.� The commissioner shall develop a report
for homeless youth, youth at risk of homelessness, and runaways.� The report shall include coordination of
services as defined under subdivisions 3 to 5.
Subd. 3.� Street and community outreach and
drop-in program.� Youth
drop-in centers must provide walk-in access to crisis intervention and ongoing
supportive services including one-to-one case management services on a
self-referral basis.� Street and
community outreach programs must locate, contact, and provide information,
referrals, and services to homeless youth, youth at risk of homelessness, and
runaways.� Information, referrals, and
services provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or
mental health counseling;
(5) counseling regarding violence, prostitution, substance
abuse, sexually transmitted diseases, and pregnancy;
(6) referrals to other agencies that provide support to
services to homeless youth, youth at risk of homelessness, and runaways;
(7) assistance with education, employment, and independent
living skills;
(8) aftercare services;
(9)
specialized services for highly vulnerable runaways and homeless youth,
including teen parents, emotionally disturbed and mentally ill youth, and
sexually exploited youth; and
(10) homelessness prevention.
Subd. 4.� Emergency shelter program.� (a) Emergency shelter programs must
provide homeless youth and runaways with referral and walk-in access to
emergency, short-term residential care.�
The program shall provide homeless youth and runaways with safe,
dignified shelter, including private shower facilities, beds, and at least one
meal each day, and shall assist a runaway with reunification with the family or
legal guardian when required or appropriate.
(b) The services provided at emergency shelters may include,
but are not limited to:
(1) family reunification services;
(2) individual, family, and group counseling;
(3) assistance obtaining clothing;
(4) access to medical and dental care and mental health
counseling;
(5) education and employment services;
(6) recreational activities;
(7) advocacy and referral services;
(8) independent living skills training;
(9) aftercare and follow-up services;
(10) transportation; and
(11) homelessness prevention.
Subd. 5.� Supportive housing and transitional
living programs.� Transitional
living programs must help homeless youth and youth at risk of homelessness to
find and maintain safe, dignified housing.�
The program may also provide rental assistance and related supportive
services, or refer youth to other organizations or agencies that provide such
services.� Services provided may include,
but are not limited to:
(1) educational assessment and referrals to educational
programs;
(2) career planning, employment, work skill training, and
independent living skills training;
(3) job placement;
(4) budgeting and money management;
(5) assistance in securing housing appropriate to needs and
income;
(6) counseling regarding violence, prostitution, substance
abuse, sexually transmitted diseases, and pregnancy;
(7)
referral for medical services or chemical dependency treatment;
(8) parenting skills;
(9) self-sufficiency support services or life skill training;
(10) aftercare and follow-up services; and
(11) homelessness prevention.
Sec. 9.� [259.86] POSTADOPTION SEARCH SERVICES.�
(a) The commissioner of human services shall apply for and
accept grant funds and donations to offset the costs for developing and
implementing a specialized curriculum to train department, county agency, and
social service agency staff in performing and complying with the postadoption
search services developed in the best practices guidelines reported to the
legislature in 2006.� The commissioner
shall develop the curriculum and provide the training if sufficient funds are
obtained to offset the costs.
(b) All department and county social service agency staff
providing postadoption search services shall complete six hours of postadoption
search services training as a component of the child welfare training.
(c) All private agency staff providing postadoption search
services shall complete at least six hours of postadoption search services
training.
Sec. 10.� Minnesota
Statutes 2004, section 259.87, is amended to read:
259.87 RULES.�
The commissioner of human services shall make rules as
necessary to administer sections 259.79 and, 259.83, and
259.86.
Sec. 11.� Minnesota Statutes
2004, section 518.551, subdivision 7, is amended to read:
Subd. 7.� Fees and cost recovery fees for IV-D
services.� (a) When a recipient of
IV-D services is no longer receiving assistance under the state's title IV-A,
IV-E foster care, medical assistance, or MinnesotaCare programs, the public
authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D
services will be continued unless the public authority is notified to the
contrary by the recipient.� The notice
must include the implications of continuing to receive IV-D services, including
the available services and fees, cost recovery fees, and distribution policies
relating to fees.
(b) An application fee of $25 shall be paid by the person who
applies for child support and maintenance collection services, except persons
who are receiving public assistance as defined in section 256.741 and, if
enacted, the diversionary work program under section 256J.95, persons who
transfer from public assistance to nonpublic assistance status, and minor
parents and parents enrolled in a public secondary school, area learning
center, or alternative learning program approved by the commissioner of
education.
(c) In the case of an individual who has never received
assistance under a state program funded under Title IV-A of the Social Security
Act and for whom the public authority has collected at least $500 of support,
the public authority must impose an annual federal collections fee of $25 for
each case in which services are furnished.�
This fee must be retained by the public authority from support collected
on behalf of the individual, but not from the first $500 collected.
(d)
(1) is currently receiving assistance under the state's title
IV-A, IV-E foster care, medical assistance, or MinnesotaCare programs; or
(2) has received assistance under the state's title IV-A or
IV-E foster care programs, until the person has not received this assistance
for 24 consecutive months.
(d) (e) When the public authority provides
full IV-D services to an obligor who has applied for such services, upon
written notice to the obligor, the public authority must charge a cost recovery
fee of one percent of the monthly court-ordered child support and maintenance
obligation.� The fee may be collected
through income withholding, as well as by any other enforcement remedy
available to the public authority responsible for child support enforcement.
(e) (f) Fees assessed by state and federal
tax agencies for collection of overdue support owed to or on behalf of a person
not receiving public assistance must be imposed on the person for whom these
services are provided.� The public
authority upon written notice to the obligee shall assess a fee of $25 to the
person not receiving public assistance for each successful federal tax
interception.� The fee must be withheld
prior to the release of the funds received from each interception and deposited
in the general fund.
(f) (g) Federal collections fees collected under
paragraph (c) and cost recovery fees collected under paragraphs (c)
and (d) and (e) shall be considered child support program income
according to Code of Federal Regulations, title 45, section 304.50, and shall
be deposited in the cost recovery fee special revenue fund
account established under paragraph (h) (i).� The commissioner of human services must elect
to recover costs based on either actual or standardized costs.
(g) (h) The limitations of this
subdivision on the assessment of fees shall not apply to the extent
inconsistent with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security Act, United
States Code, title 42, sections 601 to 613 and United States Code, title 42,
sections 651 to 662.
(h) (i) The commissioner of human services
is authorized to establish a special revenue fund account to receive child
support the federal collections fees collected under paragraph (c) and
cost recovery fees collected under paragraphs (d) and (e).� A portion of the nonfederal share of these
fees may be retained for expenditures necessary to administer the fee
fees and must be transferred to the child support system special revenue
account.� The remaining nonfederal share
of the federal collections fees and cost recovery fee fees
must be retained by the commissioner and dedicated to the child support general
fund county performance-based grant account authorized under sections 256.979
and 256.9791.
EFFECTIVE
DATE.� This section is
effective October 1, 2006, or later, if the commissioner determines that a
later implementation will not result in federal financial penalties.
Sec. 12.� Laws 2005,
First Special Session chapter 4, article 7, section 59, is amended to read:
Sec. 59.� REPORT TO LEGISLATURE. �
The commissioner shall report to the legislature by December
15, 2006, on the redesign of case management services.� In preparing the report, the commissioner
shall consult with representatives for consumers, consumer advocates, counties,
labor organizations representing county social service workers, and service
providers.� The report shall include
draft legislation for case management changes that will:�
(1)
streamline administration;
(2) improve consumer access to case management services;
(3) address the use of a comprehensive universal assessment
protocol for persons seeking community supports;
(4) establish case management performance measures;
(5) provide for consumer choice of the case management
service vendor; and
(6) provide a method of payment for case management services
that is cost-effective and best supports the draft� legislation in clauses (1) to (5).�
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 13.� RAMSEY COUNTY CHILD CARE PILOT PROJECT.�
Subdivision 1.�
Authorization for pilot project.� The commissioner of human services shall
approve a pilot project in Ramsey County that will help teen parents remain in
school and complete the student's education while providing child care
assistance for the student's child.� The
pilot project shall increase coordination between services from the Minnesota
family investment program, the child care assistance program, and area public
schools with the goal of removing barriers that prevent teen parents from
pursuing educational goals.
Subd. 2.� Program design and implementation.� The Ramsey County child care pilot project
shall be established to improve the coordination of services to teen
parents.� The pilot project shall:
(1) provide a streamlined process for sharing information
between the Minnesota family investment program under Minnesota Statutes,
chapter 256J, the child care assistance program under Minnesota Statutes,
chapter 119B, and public schools in Ramsey County;
(2) determine eligibility for child care assistance using the
teen parent's eligibility for reduced-cost or free school lunches in place of
income verification; and
(3) waive the child care parent fee under Minnesota Statutes,
section 119B.12, subdivision 2, for teen parents whose income is below poverty
level and whose children attend school-based child care centers.
Subd. 3.� Costs.� Increased costs incurred under this
section shall not increase the basic sliding fee appropriation and shall not
affect funds available for distribution under Minnesota Statutes, sections
119B.06 and 119B.08."
Delete the title and insert:
"A bill for an act relating to state government;
appropriating money and supplementing or reducing appropriations for various
economic development, labor and industry, and human services programs and
activities; establishing and modifying certain programs; providing for
regulation of certain activities and practices; amending Minnesota Statutes
2004, sections 16B.61, subdivision 1a; 16B.65, subdivisions 1, 5a; 16B.70,
subdivision 2; 43A.08, subdivision 1a; 116J.421, by adding a subdivision;
116J.431, by adding a subdivision; 116J.8731, subdivisions 1, 4; 116L.04,
subdivisions 1, 1a; 116L.12, subdivision 4; 119B.03, subdivision 4; 178.02,
subdivision 2; 181.032; 245A.023; 245A.14, by adding a subdivision; 256J.021;
256J.626, subdivision 2; 259.87; 298.22, subdivisions 1, 8, by adding a
subdivision; 298.2213, subdivision 4; 298.223, subdivisions 2, 3; 326.01, by
adding subdivisions; 326.105; 326.242, subdivisions 3c, 5, 6a, 6b, 6c, 7, 8, by
adding a subdivision; 326.992; 327.33, subdivisions
2, 6; 327B.04, subdivision 7; 446A.03, subdivision 5; 446A.12, subdivision 1;
469.334, subdivisions 1, 4; 471.471, subdivision 4; 518.551, subdivision 7;
Minnesota Statutes 2005 Supplement, sections 115C.09, subdivision 3j; 116J.551,
subdivision 1; 116J.575, subdivision 1, by adding a subdivision; 119B.13,
subdivision 7; 245A.146, subdivision 3; 298.296, subdivision 1; 298.298;
446A.073; Laws 2004, chapter 188, section 1, as amended; Laws 2005, First
Special Session chapter 1, article 3, section 17; Laws 2005, First Special
Session chapter 4, article 7, section 59; proposing coding for new law in
Minnesota Statutes, chapters 116J; 216B; 256K; 259; 299F; 341; proposing coding
for new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes
2004, sections 16B.747, subdivision 4; 183.375, subdivision 5; 326.241,
subdivision 3; 326.44; 326.52; 326.64; Minnesota Statutes 2005 Supplement,
section 183.545, subdivision 9."
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Ways and Means.
����� The report was adopted.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Heidgerken introduced:
����� H. F. No. 4149, A bill for an act relating
to the legislature; providing for an orientation tour of the state for new
legislators; proposing coding for new law in Minnesota Statutes, chapter 3.
����� The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
����� Bernardy; Hortman; Dittrich; Ruud;
Peterson, S.; Greiling; Sailer; Moe; Eken; Slawik; Lillie; Haws; Hosch; Simon;
Latz; Scalze; Fritz; Atkins; Thissen; Lenczewski; Hansen; Nelson, M.; Hilstrom;
Sieben and Loeffler introduced:
����� H. F. No. 4150, A bill for an act relating
to education finance; reducing school district property taxes; eliminating the
operating capital levy, reducing the equity levy; amending Minnesota Statutes
2004, section 126C.10, subdivisions 13b, 29; repealing Minnesota Statutes 2005
Supplement, section 126C.10, subdivision 13a.
����� The bill was read for the first time and
referred to the Committee on Education Finance.
����� Simon introduced:
����� H. F. No. 4151, A bill for an act relating
to utilities; regulating rate recovery for income taxes; amending Minnesota
Statutes 2004, section 216B.16, by adding a subdivision.
����� The bill was read for the first time and
referred to the Committee on Regulated Industries.
����� Abeler; Gunther; Ellison; Peterson, N.,
and Hornstein introduced:
����� H. F. No. 4152, A bill for an act relating
to poverty; creating a legislative commission to end poverty by 2020;
appropriating money.
����� The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
����� Brod; Samuelson; Urdahl; Kohls; Cybart;
Demmer; Eastlund; Cornish; Nornes; Wilkin; Dean; Nelson, P.; Emmer; Gunther;
Tingelstad; Westerberg; Garofalo; Gazelka; Anderson, B., and Soderstrom
introduced:
����� H. F. No. 4153, A bill for an act relating
to health; requiring reporting on notification that is required before an
abortion is performed on a minor or certain other women; providing civil
penalties; amending Minnesota Statutes 2004, section 13.3806, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters
144; 145.
����� The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
MESSAGES FROM THE SENATE
����� The following messages were received from
the Senate:
Mr.
Speaker:
����� I hereby announce the passage by the
Senate of the following House Files, herewith returned:
H. F. No. 2994, A bill for an act relating to natural resources;
allowing for the replacement and repair of boat storage structures on public
waters; amending Minnesota Statutes 2005 Supplement, section 103G.245,
subdivision 4.
H. F. No.
3310, A bill for an act relating to state government; authorizing advance
deposits or payments for boat slip rental; amending Minnesota Statutes 2004,
section 16A.065.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
����� H. F. No. 2959, A bill for an act relating
to capital improvements; authorizing spending to acquire and better public land
and buildings and other public improvements of a capital nature with certain
conditions; establishing new programs and modifying existing programs;
authorizing sale of state bonds; appropriating money; amending Minnesota
Statutes 2004, sections 16A.11, subdivision 1; 16A.86, subdivisions 2, 4;
85.013, by adding a subdivision; 123A.44; 123A.441; 123A.442; 123A.443;
136F.98, subdivision 1; 446A.12, subdivision 1; Minnesota Statutes
2005 Supplement, sections 116.182, subdivision 2; 116J.575, subdivision 1; Laws
2000, chapter 492, article 1, section 7, subdivision 21, as amended; Laws 2002,
chapter 393, section 19, subdivision 2; Laws 2005, chapter 20, article 1, sections
7, subdivisions 14, 21; 19, subdivision 6; 20, subdivisions 2, 3; 23,
subdivisions 3, 12; 27; proposing coding for new law in Minnesota Statutes,
chapters 16B; 85; 116J; 446A.
Patrick E. Flahaven, Secretary
of the Senate
����� Hausman moved that the House refuse to
concur in the Senate amendments to H. F. No. 2959, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.�
The motion prevailed.
Mr.
Speaker:
����� I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
����� S. F. Nos. 1459, 2646, 3216 and 3246.
Patrick E. Flahaven, Secretary
of the Senate
FIRST READING OF SENATE
BILLS
S. F. No. 1459, A bill for an act relating to insurance;
creating a statewide health insurance pool for school district employees;
appropriating money; amending Minnesota Statutes 2004, sections 62E.02,
subdivision 23; 62E.10, subdivision 1; 62E.11, subdivision 5; Minnesota
Statutes 2005 Supplement, section 297I.05, subdivision 5; proposing coding for
new law in Minnesota Statutes, chapter 62A.
The bill was read for the first time and referred to the
Committee on Education Policy and Reform.
S. F. No. 2646, A bill for an act relating to drivers'
licenses; requiring at least 30 minutes of driver education on organ and tissue
donation; permanently suspending statute creating vehicle insurance sampling
program; amending Minnesota Statutes 2004, section 171.0701; Laws 2005, First
Special Session chapter 6, article 3, section 109.
The bill was read for the first time.
Paymar moved that S. F. No. 2646 and H. F. No. 3401, now on
the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 3216, A bill for an act relating to housing;
regulating condominium conversions; amending Minnesota Statutes 2005
Supplement, section 515B.1-106.
The bill was read for the first time.
Hornstein moved that S. F. No. 3216 and H. F. No. 3631, now
on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S.
F. No. 3246, A bill for an act relating to transportation; commuter rail;
authorizing the commissioner to contract for use of railroad right-of-way;
regulating civil liability; amending Minnesota Statutes 2004, section 174.82.
The bill was read for the
first time.
Tingelstad moved that S. F.
No. 3246 and H. F. No. 3656, now on the General Register, be referred to the
Chief Clerk for comparison.� The motion
prevailed.
FISCAL CALENDAR
����� Pursuant to rule 1.22, Knoblach requested immediate
consideration of H. F. No. 2833, the second engrossment, as
amended.
����� H. F. No. 2833, the second engrossment, as
amended on Wednesday, April 12, 2006, was reported to the House.
����� Hosch, Scalze, Marquart, Simon, Olson, Heidgerken and Urdahl
moved to amend H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 7, after line 23, insert:
"Sec. 3.� [3.051]
RULES OF PROCEEDINGS.�
Subdivision 1.� Applicability.� The rules of each house and the joint
rules of the legislature must conform to the provisions of this section.
Subd. 2.� Bills
to be heard in committee.� Each
member of the House or Senate may designate two bills each year, of which they
are the chief author, which must be heard in all of the applicable committees
the bills have been referred to for consideration.� A committee chair may only deny a hearing
request for these bills if the request comes less than 7 days prior to the
first bill deadline as adopted by each house."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Hosch et al amendment and the
roll was called.� There were 41 yeas and
90 nays as follows:
����� Those who
voted in the affirmative were:
Atkins
Bernardy
Brod
Clark
Davnie
Dittrich
Dorn
Eken
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hortman
Hosch
Johnson, S.
Larson
Latz
Lenczewski
Liebling
Loeffler
Marquart
Moe
Mullery
Olson
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sieben
Simon
Thissen
Urdahl
Walker
Welti
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hilty
Holberg
Hoppe
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lesch
Lieder
Lillie
Magnus
Mahoney
Mariani
McNamara
Meslow
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Powell
Rukavina
Ruth
Samuelson
Seifert
Sertich
Severson
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Loeffler; Peterson, S.; Samuelson; Sieben;
Paymar; Sertich; Ellison; Cox; Hausman; Abeler; Kelliher; Ozment; Erhardt;
Simon; Tingelstad; Scalze; Gunther; Kahn; Slawik; Hosch; Nelson, M.; Hilstrom;
Lillie; Ruud; Thao; Hortman and Peterson, N., moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 34, after line 8, insert:
"Sec. 58.� [16A.1395] CONTINUING APPROPRIATIONS.�
Subdivision 1.�
Application.� This section applies only to an
appropriation enacted in a major finance or revenue bill.� The house of representatives and the senate
must adopt rules or resolutions specifying which bills are major finance or
revenue bills.� If the house and the
senate fail to agree on which bills are major finance or revenue bills,
"major finance or revenue bill" means the primary bill establishing
state tax policy, and the primary bill making�
appropriations in each of the following areas:� higher education, early childhood through
high school education, agriculture and rural development, environment and
natural resources, health and human services, state government finance,
economic development, public safety, and transportation.
Subd. 2.� Certain appropriations continue.� (a) An appropriation from the general fund
or any other fund enacted in a major finance or revenue bill for the fiscal
year ending June 30 of an odd-numbered year remains in effect at the base level
for future fiscal years unless a law is enacted eliminating or amending the
appropriation.� The appropriation base
level is determined as provided in section 16A.11, subdivision 3, paragraph
(b).
(b)� The amounts needed
to implement this section are appropriated from each fund covered by this
section.
(c) This section does not apply to an appropriation in a
fiscal year if a law is enacted appropriating money in that fiscal year for the
purpose of the appropriation.
Subd.
3.
(a) An appropriation for the fiscal year ending June 30 of
the odd-numbered year does not remain in effect for the fiscal year starting on
July 1 if the legislature specifically designated the appropriation as a
onetime appropriation, if the commissioner of finance determines that the
legislature clearly intended the appropriation to be onetime, or if the program
for which the appropriation was made expires on or before July 1.
(b) If an appropriation remains in effect under authority of
subdivision 2, but the program or activity that is the subject of the
appropriation is scheduled to expire during a fiscal year, the commissioner of
finance must pro rate the appropriation.
(c) The commissioner of finance may make technical
adjustments to the amount of an appropriation to the extent the commissioner
determines the technical adjustments are needed to accurately reflect the
amount that constitutes the annual base level of the appropriation.� The commissioner may make an adjustment under
this clause only if one or more of the following conditions is met:
(1) the legislature previously appropriated money for a
biennium, with the entire appropriation being allocated to one year of the
biennium, and the commissioner determines an adjustment is necessary to� accurately reflect the annual amount needed
to maintain program operations at the same level;
(2) laws or policies under which revenues and expenditures
are accounted for have changed to eliminate or consolidate certain funds or
accounts, and adjustments in appropriations are necessary to implement these
changes;
(3) duties have been transferred between agency programs, or
between agencies, and adjustments in appropriations are needed to reflect these
transfers; or
(4) a program, or changes to a program, were not fully
operational in one fiscal year, but will be fully operational in the following
year, and an adjustment to the appropriation is needed to accurately reflect
the annual cost of the new or changed program.
The commissioner of finance must give the chairs of the
senate finance and house ways and means committees written notice of any
adjustments made under this subdivision."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The Speaker called Abrams to the Chair.
����� Dean moved to amend the Loeffler et al
amendment to H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 2, after line 26, insert:
"Subd. 4.� Legislator
compensation.� In the event
the process described in subdivisions 1 to 3 applies, legislators shall forfeit
all salary and compensation beginning on July 1 of any odd-numbered year.� This forfeiture shall continue until all
appropriation legislation has been adopted."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the amendment to the amendment and
the roll was called.� There were 75 yeas
and 57 nays as follows:
����� Those who
voted in the affirmative were:
Abrams
Anderson, B.
Atkins
Bernardy
Blaine
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Dempsey
Dittrich
Eastlund
Emmer
Entenza
Erickson
Finstad
Garofalo
Gazelka
Greiling
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lenczewski
Lillie
Magnus
Marquart
McNamara
Moe
Nelson, P.
Nornes
Olson
Paulsen
Pelowski
Penas
Peppin
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who
voted in the negative were:
Abeler
Anderson, I.
Beard
Bradley
Carlson
Clark
Davids
Davnie
Demmer
Dill
Dorman
Dorn
Eken
Ellison
Erhardt
Fritz
Goodwin
Gunther
Hackbarth
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Meslow
Mullery
Murphy
Nelson, M.
Newman
Otremba
Ozment
Paymar
Peterson, A.
Peterson, N.
Rukavina
Sertich
Solberg
Thao
Thissen
Walker
����� The motion prevailed and the amendment to the amendment was
adopted.
����� The Speaker resumed the Chair.
����� The question recurred on the Loeffler et
al amendment, as amended, and the roll was called.� There were 76 yeas and 56 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Atkins
Bernardy
Carlson
Clark
Cornish
Cox
Davids
Davnie
Dempsey
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Ozment
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Sieben
Simon
Slawik
Soderstrom
Solberg
Thissen
Tingelstad
Walker
Welti
Westrom
����� Those who voted in the negative were:
Abrams
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Buesgens
Charron
Cybart
Dean
DeLaForest
Demmer
Dill
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Hackbarth
Hamilton
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Paulsen
Paymar
Penas
Peppin
Powell
Ruth
Samuelson
Severson
Simpson
Smith
Sykora
Thao
Urdahl
Vandeveer
Wardlow
Westerberg
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the amendment, as
amended, was adopted.
����� Howes moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 59, after line 31, insert:
"Sec. 118.� Minnesota
Statutes 2004, section 375.101, subdivision 1, is amended to read:
Subdivision 1.� Option for filling vacancies; election
in 30 to 60 days.� Except as provided
in subdivision 3, a vacancy in the office of county commissioner shall may
be filled as provided in this subdivision and subdivision 2, or as
provided in subdivision 4.� If the
vacancy is to be filled under this subdivision and subdivision 2, it must be
filled at a special election not less than 30 nor more than 60 days after
the vacancy occurs.� The special primary
or special election may be held on the same day as a regular primary or regular
election but the special election shall be held not less than 14 days after the
special primary.� The person elected at
the special election shall take office immediately after receipt of the
certificate of election and upon filing the bond and taking the oath of office
and shall serve the remainder of the unexpired term.� If the county has been reapportioned since
the commencement of the term of the vacant office, the election shall be based
on the district as reapportioned.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec.
119.� Minnesota Statutes 2004, section
375.101, is amended by adding a subdivision to read:
Subd. 4.� Option for filling vacancies;
appointment.� Except as
provided in subdivision 3, and as an alternative to the procedure provided in
subdivisions 1 and 2, a vacancy due to death in the office of county
commissioner may be filled by board appointment at a regular or special
meeting.� The appointment shall be
evidenced by a resolution entered in the minutes and shall continue until an
election is held under this subdivision.�
All elections to fill vacancies shall be for the unexpired term.� If the vacancy occurs before the first day to
file affidavits of candidacy for the next county general election and more than
two years remain in the unexpired term, a special election shall be held in
conjunction with the county general election.�
The appointed person shall serve until the qualification of the
successor elected to fill the unexpired part of the term at that special
election.� If the vacancy occurs on or
after the first day to file affidavits of candidacy for the county general
election, or when less than two years remain in the unexpired term, there shall
be no special election to fill the vacancy and the appointed person shall serve
the remainder of the unexpired term and until a successor is elected and
qualifies at the county general election.
EFFECTIVE
DATE.� This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Howes
amendment and the roll was called.� There
were 93 yeas and 38 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Bernardy
Blaine
Bradley
Brod
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Kohls
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Ozment
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Severson
Simon
Slawik
Soderstrom
Solberg
Sykora
Thao
Tingelstad
Urdahl
Welti
Westerberg
Spk. Sviggum
����� Those who voted in the negative were:
Abrams
Anderson, B.
Buesgens
Carlson
Dean
DeLaForest
Emmer
Erickson
Fritz
Garofalo
Hackbarth
Hilstrom
Holberg
Klinzing
Knoblach
Koenen
Krinkie
Lanning
Larson
Marquart
Mullery
Nelson, M.
Olson
Otremba
Paulsen
Paymar
Peppin
Ruud
Sieben
Simpson
Smith
Thissen
Vandeveer
Walker
Wardlow
Westrom
Wilkin
Zellers
����� The motion prevailed and the amendment was
adopted.
����� Emmer; Bradley; Garofalo; Vandeveer;
Holberg; Olson; Anderson, B.; Severson; Erickson; Krinkie; Buesgens; Blaine;
Gazelka; Wilkin; Zellers and Dean moved to amend H. F. No. 2833, the second
engrossmet, as amended, as follows:
����� Page 69, after line 33, insert:
"Sec. 137.� PROHIBITION OF GAMBLING IN MINNESOTA.�
Notwithstanding any current law to the contrary, all forms of
gambling are prohibited under Minnesota law.�
For the purposes of this section, "gambling" includes any game
involving chance, consideration, and prize and includes, but is not limited to,
pari-mutuel betting under Minnesota Statutes, chapter 240, lawful gambling
under Minnesota Statutes, chapter 349, gambling authorized through any
state-tribal compact, and the State Lottery under Minnesota Statutes, chapter
349A.
Sec. 138.� REVISOR'S INSTRUCTION.�
The revisor of statutes shall prepare a bill for introduction
in the 2009 legislative session that makes the changes necessary to conform to
the prohibition of gambling set forth in section 137."
Page 70, after line 15, insert:
"Sec. 143.� EFFECTIVE DATE.�
Sections 137 and 138 are effective July 1, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� Erickson, Cornish, Finstad, Soderstrom,
Severson and Johnson, J., moved to amend the Emmer et al amendment to
H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 1, line 5, delete "game"
and insert "gambling classified as class III gambling under the federal
Indian Gaming Regulatory Act, pari-mutuel betting under Minnesota Statutes,
chapter 240,"
����� Page 1, delete lines 6 and 7
����� Page 1, line 8, delete "chapter
349,"
����� The motion did not prevail and the
amendment to the amendment was not adopted.
����� The question recurred on the Emmer et al
amendment and the roll was called.� There
were 33 yeas and 100 nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Blaine
Bradley
Buesgens
Charron
Cybart
Dean
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Knoblach
Krinkie
Lenczewski
Lesch
Magnus
Nelson, M.
Newman
Olson
Peppin
Seifert
Severson
Soderstrom
Vandeveer
Westerberg
Zellers
����� Those who
voted in the negative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Walker
Wardlow
Welti
Westrom
Wilkin
Spk. Sviggum
����� The motion did not prevail and the amendment was not adopted.
����� Olson; Haws; Greiling; Abeler; Buesgens; Hosch; Emmer;
Anderson, B.; Powell; Hansen; Gazelka; Marquart; Juhnke; Heidgerken and Dill
moved to amend H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 7, after line 14, insert:
"Section 1.� [3.0062]
CONFERENCE COMMITTEES.�
Subdivision 1.� Deadline.� The rules of each house and joint rules of
the legislature shall be amended to require the establishment of a deadline for
the completion of conference committee work.�
The deadline for conference committee reports on each omnibus budget
bill to be reported to the floors of both houses must be at least five calendar
days prior to the day of adjournment.�
This rule may be waived by a two-thirds vote of each house.
Subd. 2.� Amendment
by entire body.� The rules of
each house and joint rules of the legislature shall be written to allow
conference committees to be discharged by a majority vote of either body at any
time.� Bills failing to meet the
deadlines specified in subdivision 1 shall also be returned to the floor of
each house.� The rules for each house and
the joint rules of the legislature shall allow for bills that have been returned
from conference to be amended and re-passed multiple times, in order to resolve
differences between the House and Senate without appointment of a further
conference committee."
Renumber
the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� Pelowski, Buesgens, Hosch, Greiling,
Olson, Powell, Haws, Marquart, Hansen, Juhnke, Heidgerken and Dill moved to
amend the Olson et al amendment to H. F. No. 2833, the second engrossment, as
amended, as follows:
����� Page 1, line 9, after the period, insert
"Conferees on a bill that fails to meet this deadline must be
discharged and new conferees may be appointed."
����� The motion prevailed and the amendment to
the amendment was adopted.
����� The question recurred on the Olson et al
amendment, as amended, and the roll was called.�
There were 90 yeas and 40 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Bernardy
Blaine
Brod
Buesgens
Charron
Clark
Cornish
Cox
Davnie
DeLaForest
Demmer
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Larson
Latz
Lenczewski
Liebling
Lillie
Mahoney
Mariani
Marquart
Meslow
Moe
Olson
Otremba
Paulsen
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Smith
Soderstrom
Thao
Tingelstad
Walker
Wardlow
Welti
Westerberg
Westrom
Zellers
����� Those who voted in the negative were:
Abrams
Anderson, I.
Beard
Bradley
Carlson
Cybart
Davids
Dean
Dempsey
Erhardt
Hackbarth
Hilty
Kahn
Krinkie
Lanning
Lesch
Lieder
Loeffler
Magnus
McNamara
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paymar
Penas
Peppin
Sertich
Simpson
Slawik
Solberg
Sykora
Thissen
Urdahl
Vandeveer
Wilkin
Spk. Sviggum
����� The motion prevailed and the amendment, as
amended, was adopted.
����� Anderson, B.; Eastlund; Gazelka; Demmer;
Emmer; Lesch; Severson; Soderstrom and Nelson, P., moved to amend H. F. No.
2833, the second engrossment, as amended, as follows:
����� Page 56, after line 6, insert:
"Sec. 110.�
Minnesota Statutes 2004, section 240.25, subdivision 8, is amended to
read:
Subd. 8.� Age under 18 19.� A person under the age of 18 19
may not place a bet or present a pari-mutuel ticket for payment with an
approved pari-mutuel system or participate in card playing at a card club at a
licensed racetrack."
Page 57, after line 29, insert:
"Sec. 117.�
Minnesota Statutes 2004, section 349.2127, subdivision 8, is amended to
read:
Subd. 8.� Minimum age.� (a) A person under the age of 18 19
years may not buy a pull-tab, tipboard ticket, paddlewheel ticket, or raffle
ticket, or a chance to participate in a bingo game other than (1) a bingo game
exempt or excluded from licensing, or (2) one bingo occasion conducted by a
licensed organization as part of an annual community event if the person under
age 18 is accompanied by a parent or guardian.�
Violation of this paragraph is a misdemeanor.
(b) A licensed organization or employee may not allow a
person under age 18 19 to participate in lawful gambling in
violation of paragraph (a).� Violation of
this paragraph is a misdemeanor.
(c) In a prosecution under paragraph (b), it is a defense for
the defendant to prove by a preponderance of the evidence that the defendant
reasonably and in good faith relied upon representations of proof of age
authorized in section 340A.503, subdivision 6, paragraph (a).
Sec. 118.� Minnesota
Statutes 2004, section 349A.12, subdivision 1, is amended to read:
Subdivision 1.� Purchase by minors.� A person under the age of 18 19
years may not buy or redeem for a prize a ticket in the state lottery.
Sec. 119.� Minnesota
Statutes 2004, section 349A.12, subdivision 2, is amended to read:
Subd. 2.� Sale to minors.� A lottery retailer may not sell and a lottery
retailer or other person may not furnish or redeem for a prize a ticket in the
state lottery to any person under the age of 18 19 years.� It is an affirmative defense to a charge
under this subdivision for the lottery retailer or other person to prove by a
preponderance of the evidence that the lottery retailer or other person
reasonably and in good faith relied upon representation of proof of age
described in section 340A.503, subdivision 6, in making the sale or furnishing
or redeeming the ticket.
Sec. 120.� Minnesota
Statutes 2004, section 349A.12, subdivision 5, is amended to read:
Subd. 5.� Exceptions.� Nothing in this chapter prohibits giving a
state lottery ticket as a gift, provided that a state lottery ticket may not be
given to a person under the age of 18 19.
Sec. 121.� INDIAN GAMBLING.�
Upon signature of this act, the governor shall request, in
writing, to each of the 11 tribal governments in Minnesota, that those tribal
governments change their legal gambling age to 19 years.
Sec.
122.� EFFECTIVE DATE.�
Sections 110 and 117 to 121 are effective the day following
final agreement of the 11 tribal governments to change their legal gambling age
to 19."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Anderson,
B., et al amendment and the roll was called.�
There were 107 yeas and 26 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cox
Cybart
Davnie
Dean
Demmer
Dempsey
Dittrich
Dorman
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Holberg
Hoppe
Hornstein
Hortman
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Walker
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Abrams
Cornish
Davids
DeLaForest
Dill
Dorn
Erickson
Goodwin
Hilstrom
Hilty
Hosch
Jaros
Johnson, S.
Kahn
Liebling
Marquart
Mullery
Murphy
Newman
Paymar
Rukavina
Sertich
Solberg
Thao
Vandeveer
Welti
����� The motion prevailed and the amendment was
adopted.
����� Sykora, Ruud, McNamara, Bradley, Demmer,
Erickson, Buesgens, Abrams, Gunther and Lanning moved to amend H. F. No. 2833,
the second engrossment, as amended, as follows:
����� Page 54, after line 20, insert:
"Sec. 106.�
Minnesota Statutes 2004, section 43A.316, is amended by adding a
subdivision to read:
Subd.
12.
(1) "eligible employee" means a person who is
insurance eligible under a collective bargaining agreement or under the
personnel policy of an eligible employer; and
(2) "eligible employer" means a school district as
defined in section 120A.05; a service cooperative as defined in section
123A.21; an intermediate district as defined in section 136D.01; a cooperative
center for vocational education as defined in section 123A.22; a regional
management information center as defined in section 123A.23; an education unit
organized under section 471.59; or a charter school organized under section
124D.10.
Sec. 107.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 13.� Creation of board.� (a) The Minnesota School Employee
Insurance Board is created as a public corporation subject to the provisions of
chapter 317A, except as otherwise provided in this section.� As provided in section 15.082, the state is
not liable for obligations of this public corporation.
(b) The board shall create and administer the Minnesota
School Employee Insurance Pool as described in this section.
(c) Insurance plans and offerings must be effective July 1,
2009.
(d) If the board does not offer coverage by December 15,
2010, the board expires and this section expires on that date.
Sec. 108.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 14.� Board of directors.� (a) The School Employee Insurance Board
consists of:
(1) seven members representing exclusive representatives of
eligible employees, appointed by exclusive representatives, as provided in
paragraph (b); and
(2) seven members representing eligible employers, appointed
by the Minnesota School Boards Association.
(b) The seven members of the board who represent statewide
affiliates of exclusive representatives of eligible employees are appointed as follows:� four members appointed by Education Minnesota
and one member each appointed by the Service Employees International Union, the
Minnesota School Employees Association, and American Federation of State,
County, and Municipal Employees.
(c) Appointing authorities must make their initial
appointments no later than August 1, 2006, by filing a notice of the
appointment with the commissioner of commerce.�
Notices of subsequent appointments must be filed with the board.� An entity entitled to appoint a board member
may replace the board member at any time.
(d) Board members are eligible for
compensation and expense reimbursement under section 15.0575, subdivision 3.
(e) The board must arrange for one or more methods of dispute
resolution so as to minimize the possibility of deadlocks.
(f) The board shall establish governance requirements,
including staggered terms, term limits, quorum, a plan of operation, and audit
provisions.
Sec.
109.� Minnesota Statutes 2004, section
43A.316, is amended by adding a subdivision to read:
Subd. 15.� Design and nature of plan.� (a) Health coverage offered through the
Minnesota School Employee Insurance Pool shall be made available by the board
to all eligible employers.
(b) Participation in health coverage offered by the board is
voluntary on the part of eligible employers, subject to collective bargaining
if applicable.
(c) Nothing in this section affects the right of each
eligible employer to determine, through collective bargaining under the public
employer labor relations act:
(1) the employer's eligibility requirements regarding the
terms and conditions under which employees, dependents, retirees, and other
persons are eligible for health coverage from the employer;
(2) how much of the premium charged for the insurance will be
paid by the employer and how much will be paid by the eligible person; and
(3) which health plan or plans offered by the board will be
made available by the eligible employer.
(d) The board must initially offer at least six health
plans.� One plan must provide coverage
without a deductible and without other enrollee cost-sharing other than
reasonable co-payments for nonpreventive care.�
One plan must be a high deductible health plan that qualifies under
federal law for use with a health savings account.� The other four plans must have levels of
enrollee cost-sharing that are between the two plans just described.� The board may establish more than one tier of
premium rates for any specific plan.�
Plans and premium rates may vary across geographic regions established
by the board.� The health plans must
comply with chapters 62A, 62J, 62M, and 62Q, and must provide the optimal
combination of coverage, cost, choice, and stability in the judgment of the
board.� All health plans offered must be
approved by the commissioner of commerce.�
The board shall investigate the feasibility of offering coverage through
more than one health plan company or other network of health care providers.
(e) The board must include claims reserves, stabilization
reserves, reinsurance, and other features that, in the judgment of the board,
will result in long-term stability and solvency of the health plans offered.
(f) The board may determine whether the health plans should
be fully insured through a health carrier licensed in this state, self-insured,
or a combination of those two alternatives.
(g) The health plans must include disease management and
consumer education, including wellness programs and measures encouraging the
wise use of health coverage, to the extent determined to be appropriate by the
board.
(h) Upon request of the board, health plans that are
providing or have provided coverage to employees of eligible employers within
two years before the effective date of this section, shall provide to the board
at no charge nonidentifiable aggregate claims data for that coverage.� The information must include data relating to
employee group benefit sets, demographics, and claims experience.� Notwithstanding section 13.203, Minnesota
service cooperatives must also comply with this paragraph.
(i) Effective July 1, 2009, a contract entered into between
an eligible employer and an eligible employee or the exclusive representative
of an eligible employee may not contain provisions that establish cash payment
in lieu of health insurance to an eligible employee if the employee is not
receiving the payment on or before June 30, 2009.� Nothing in this section prevents an eligible
employee who otherwise qualifies for payment of cash in lieu of insurance on
June 30, 2009, from continuing to receive this payment.
(j)
All premiums paid for health coverage provided by the board must be used by the
board solely for the cost of the operation of the board and the benefit of
eligible employees and eligible employers in connection with the health
coverage offered by the board.
Sec. 110.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 16.� MCHA membership and assessments.� The board is a contributing member of the
Minnesota Comprehensive Health Association and must pay assessments made by the
association on its premium revenues, as provided in section 62E.11, subdivision
5, paragraph (b).
Sec. 111.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 16.� Report.� The board shall report to the legislature
by January 15, 2009, on a final design for the pool that complies with
subdivision 4 and on governance requirements for the board, including staggered
terms, term limits, quorum, and a plan of operation and audit provisions.� The report must include any legislative
changes necessary to ensure conformance with chapters 62A, 62J, 62M, and 62Q.
Sec. 112.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 17.� Progress dependent upon funding.� The board shall carry out its obligations
to the extent permitted by financial and other resources available to the board
for that purpose.� The board may seek and
accept gifts and grants.
Sec. 113.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 18.� Periodic evaluation.� (a) Beginning January 15, 2011, and for
the next two years, the board must submit an annual report to the commissioner
of commerce and the legislature, in compliance with sections 3.195 and 3.197,
summarizing and evaluating the performance of the pool during the previous year
of operation.
(b) Beginning in 2013 and in each odd-numbered year
thereafter, the board must submit to the legislature a biennial report summarizing
and evaluating the performance of the pool during the preceding two fiscal
years.
Sec. 114.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 23.� Contributing member.� "Contributing member" means those
companies regulated under chapter 62A and offering, selling, issuing, or
renewing policies or contracts of accident and health insurance; health
maintenance organizations regulated under chapter 62D; nonprofit health service
plan corporations regulated under chapter 62C; community integrated service
networks regulated under chapter 62N; fraternal benefit societies regulated
under chapter 64B; the Minnesota employees insurance program established in
section 43A.317, effective July 1, 1993; joint self-insurance plans regulated
under chapter 62H; and the Minnesota School Employee Insurance Board created
under this section.� For the purposes of
determining liability of contributing members pursuant to section 62E.11 payments
received from or on behalf of Minnesota residents for coverage by a health
maintenance organization, a community integrated service network, or the
Minnesota School Employee Insurance Board shall be considered to be accident
and health insurance premiums.
Sec. 115.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subdivision 1.�
Creation; tax exemption.� There is established a Comprehensive
Health Association to promote the public health and welfare of the state of
Minnesota with membership consisting of all insurers; self-insurers;
fraternals; joint self-insurance plans regulated under chapter 62H; the
Minnesota employees insurance program established in section 43A.317, effective
July 1, 1993; the Minnesota School Employee Insurance Board created under
this section 62A.662; health maintenance organizations; and community
integrated service networks licensed or authorized to do business in this
state.� The Comprehensive Health
Association is exempt from the taxes imposed under chapter 297I and any other
laws of this state and all property owned by the association is exempt from
taxation.
Sec. 116.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 5.� Allocation of losses.� (a) Each contributing member of the
association shall share the losses due to claims expenses of the comprehensive
health insurance plan for plans issued or approved for issuance by the
association, and shall share in the operating and administrative expenses
incurred or estimated to be incurred by the association incident to the conduct
of its affairs.� Claims expenses of the
state plan which exceed the premium payments allocated to the payment of
benefits shall be the liability of the contributing members.� Contributing members shall share in the
claims expense of the state plan and operating and administrative expenses of
the association in an amount equal to the ratio of the contributing member's
total accident and health insurance premium, received from or on behalf of
Minnesota residents as divided by the total accident and health insurance
premium, received by all contributing members from or on behalf of Minnesota
residents, as determined by the commissioner.�
Payments made by the state to a contributing member for medical
assistance, MinnesotaCare, or general assistance medical care services
according to chapters 256, 256B, and 256D shall be excluded when determining a
contributing member's total premium.
(b) In making the allocation of losses provided in paragraph
(a), the association's assessment against the Minnesota School Employee
Insurance Board must equal the product of (1) the percentage of premiums
assessed against other association members; (2) .3885; and (3) premiums
received by the Minnesota School Employee Insurance Board.� For purposes of this calculation, premiums of
the board used must be net of rate credits and retroactive rate refunds on the
same basis as the premiums of other association members.
Sec. 117.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 5.� Health maintenance organizations,
nonprofit health service plan corporations, community integrated service
networks, and the Minnesota School Employee Insurance Board.� (a) Health maintenance organizations,
community integrated service networks, and nonprofit health care service plan
corporations are exempt from the tax imposed under this section for premiums
received in calendar years 2001 to 2003.
(b) For calendar years after 2003, a tax is imposed on health
maintenance organizations, community integrated service networks, and nonprofit
health care service plan corporations.�
The rate of tax is equal to one percent of gross premiums less return
premiums received in the calendar year.
(c) A tax is imposed on the Minnesota School Employee
Insurance Board under this section.� The
rate of tax is equal to .36 percent of gross premiums less return premiums
received in the calendar year.
(d) In approving the premium rates as required in sections
62L.08, subdivision 8, and 62A.65, subdivision 3, the commissioners of health
and commerce shall ensure that any exemption from tax as described in paragraph
(a) is reflected in the premium rate.
(e) The commissioner shall deposit all revenues, including
penalties and interest, collected under this chapter from health maintenance
organizations, community integrated service networks, nonprofit health service
plan corporations, and the Minnesota School Employee Insurance Board in the
health care access fund.� Refunds of
overpayments of tax imposed by this subdivision must be paid from the health
care access fund.� There is annually
appropriated from the health care access fund to the commissioner the amount
necessary to make any refunds of the tax imposed under this subdivision.
Sec.
118.� Minnesota Statutes 2004, section
43A.316, is amended by adding a subdivision to read:
Subd. 22.� Temporary sources of funding.� The Minnesota School Employee Insurance
Board may seek and receive gifts, grants, and loans to assist in meeting the
startup costs necessary to fulfill its responsibilities.
Sec. 119.� Minnesota
Statutes 2004, section 43A.316, is amended by adding a subdivision to read:
Subd. 23.� Effective date.� This article is effective July 1, 2006."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
CALL OF THE HOUSE
����� On the motion of Entenza and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Entenza moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees.� The motion prevailed
and it was so ordered.
����� The question recurred on the Sykora et al
amendment and the roll was called.� � There were 63 yeas and 71 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Dean
DeLaForest
Demmer
Dempsey
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Latz
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simon
Simpson
Smith
Soderstrom
Sykora
Vandeveer
Westerberg
Westrom
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davids
Davnie
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Wilkin
����� The motion did not prevail and the
amendment was not adopted.
����� Davids moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 48, after line 7, insert:
"Sec. 94.�
Minnesota Statutes 2004, section 43A.316, subdivision 2, is amended to
read:
Subd. 2.� Definitions.� For the purpose of this section, the terms
defined in this subdivision have the meaning given them.
(a) Commissioner.� "Commissioner" means the
commissioner of employee relations.
(b) Employee.� "Employee" means:
(1) a person who is a public employee within the definition
of section 179A.03, subdivision 14, who is insurance eligible and is employed
by an eligible employer;
(2) an elected public official of an eligible employer who is
insurance eligible;
(3) a person employed by a labor organization or employee
association certified as an exclusive representative of employees of an
eligible employer or by another public employer approved by the commissioner,
so long as the plan meets the requirements of a governmental plan under United
States Code, title 29, section 1002(32); or
(4) a person employed by a county or municipal hospital.
(c)
Eligible employer.� "Eligible employer" means:
(1) a public employer within the definition of section
179A.03, subdivision 15, that is a town, county, city, school district as
defined in section 120A.05, service cooperative as defined in section 123A.21,
intermediate district as defined in section 136D.01, Cooperative Center for
Vocational Education as defined in section 123A.22, regional management information
center as defined in section 123A.23, or an education unit organized under the
joint powers action, section 471.59; or
(2) an exclusive representative of employees, as defined in
paragraph (b);
(3) a county or municipal hospital; or
(4) another public employer approved by the commissioner.
(d) Exclusive
representative.� "Exclusive
representative" means an exclusive representative as defined in section
179A.03, subdivision 8.
(e) Labor-Management
Committee.� "Labor-Management
Committee" means the committee established by subdivision 4.
(f) Program.� "Program" means the statewide
public employees insurance program created by subdivision 3.
(g) School Employee Insurance Committee.� "School Employee Insurance
Committee" means the committee established under subdivision 3, clause
(1)."
Page 48, line 20, after "districts" insert
", in a separate risk pool"
Page 48, line 22, delete the semicolon and insert a period
Page 48, after line 22, insert:
"Notwithstanding any other statute, all plan design
decisions, including all pilot or demonstration programs in which school
employees participate, must first be developed by a School Employee Insurance
Committee in consultation with the commissioner or the commissioner's designee
and other consultants as the committee sees fit.� The committee must be composed of 14 members
who represent school district employees and employers in equal number.� The employee representatives shall be
appointed as follows: four shall be appointed by Education Minnesota, one shall
be appointed by the Service Employees International Union, one shall be
appointed by the American Federation of State, County, and Municipal Employees,
and one shall be appointed by the Minnesota School Employees Association.� The seven school employer representatives who
serve on the School Employee Insurance Committee must be appointed by the
Minnesota School Boards Association.�
Members of the Committee shall be appointed no later than August 1,
2006, and shall serve at the will of the appointing organization.� The School Employee Insurance Committee
members are eligible for compensation and expense reimbursement under section
15.0575, subdivision 3.� In addition, the
actual salary lost by a committee member or cost charged by an employer of a
committee member for time missed while performing the duties of a committee
member must be reimbursed to the committee member;"
Page 48, line 33, after the first comma, insert "or
the approval of the School Employee Insurance Committee when proposals apply to
the school employees group,"
Page 49, line 3, after "new" insert "nonschool"
Page
49, line 17, after the period, insert "Such actions with regard to the
school employee insurance program shall be made only with the approval of the
School Employee Insurance Committee."
Page 49, line 26, after
"program" insert "offered to non-school-related public
employees"
Page 49, after line 32,
insert:
"(b) A school
district as defined in section 120A.05, service cooperative as defined in
section 123A.21, intermediate district as defined in section 136D.01,
Cooperative Center for Vocational Education as defined in section 123A.22,
regional management information center as defined in section 123A.23, or an
education unit organized under a joint powers agreement under section 471.59,
which, as of July 1, 2005, employed fewer than 400 full-time equivalent
teachers, which provides health insurance coverage or contributes money to pay
for all or part of the cost of health insurance coverage of eligible employees,
must purchase such coverage through the school employee program provided by the
public buyers group program.
(c) Each exclusive
representative of employees of a type of entity described in paragraph (b)
which, on July 1, 2005, employed 400 or more full-time equivalent teachers
shall determine whether the employees it represents will participate in the
school employee group of the public buyers group program.
(d) School employees who do
not enter the program upon first becoming eligible for participation are ineligible
to participate for four years and must be pooled and rated separately from the
school employee group pool for the first four years after entering the program.
(e) The decision of an
exclusive representative of school employees or, in the case of unorganized
employees, the decision of a school district, to enter into the public buyers
group program is irrevocable."
Reletter the remaining
paragraphs in sequence
Page 50, line 17, before
"Initial" insert "For nonschool employee groups,"
Page 51, line 33, before
"School" insert "Nonparticipating"
Page 54, line 14, after
"statutes" insert ", except for the limitations
established in subdivision 3,"
����� A roll call was requested and properly seconded.
����� The question was taken on the Davids amendment and the roll was
called.� There were 80 yeas and 54 nays
as follows:
����� Those who
voted in the affirmative were:
Abeler
Anderson, I.
Atkins
Beard
Bernardy
Brod
Carlson
Clark
Cornish
Davids
Davnie
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Fritz
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson,
S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Sertich
Sieben
Slawik
Solberg
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
����� Those who voted in the negative were:
Abrams
Anderson, B.
Blaine
Bradley
Buesgens
Charron
Cox
Cybart
Dean
DeLaForest
Demmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Goodwin
Hackbarth
Holberg
Hoppe
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Latz
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Paulsen
Penas
Peppin
Peterson, N.
Powell
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Smith
Soderstrom
Sykora
Vandeveer
Westrom
Wilkin
Zellers
����� The motion prevailed and the amendment was
adopted.
����� The Speaker called Abrams to the Chair.
CALL OF THE HOUSE LIFTED
����� Entenza moved that the call of the House
be suspended.� The motion prevailed and
it was so ordered.
����� Vandeveer, Olson and Rukavina moved to
amend H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 124, after line 2, insert:
"Sec. 4.�
Minnesota Statutes 2004, section 414.02, is amended by adding a
subdivision to read:
Subd. 3a.� Shall order incorporation.� Notwithstanding any contrary provision in
subdivision 3, the director must order incorporation of the area requested in a
petition filed before March 1, 2006, if it is a town within Anoka County
granted village status under Laws 1963, chapter 157, section 1.
EFFECTIVE
DATE.� This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion did not prevail and the
amendment was not adopted.
����� Hosch, Haws, Heidgerken, Ruud, Simon,
Olson and Scalze moved to amend H. F. No. 2833, the second engrossment, as
amended, as follows:
����� Page 7, after line 23, insert:
"Sec. 3.� [3.051] RULES OF PROCEEDINGS.�
Subdivision 1.�
Applicability.� The rules of each house and the joint
rules of the legislature must conform to the provisions of this section.
Subd. 2.� Bills to be heard in committee.� Each member of the house or senate each
year may designate one bill on an issue of local significance, of which they
are the chief author, which must be heard in all of the applicable committees
the bills have been referred to for consideration.� A committee chair may only deny a hearing
request for these bills if the request comes less than seven days prior to the
first bill deadline as adopted by each house."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Hosch et al
amendment and the roll was called.� There
were 48 yeas and 85 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Atkins
Brod
Buesgens
Clark
Dittrich
Dorn
Eken
Greiling
Hansen
Hausman
Haws
Heidgerken
Hornstein
Hortman
Hosch
Jaros
Johnson, S.
Knoblach
Koenen
Larson
Latz
Lenczewski
Liebling
Lillie
Loeffler
Marquart
Moe
Olson
Otremba
Paymar
Pelowski
Peterson, S.
Poppe
Powell
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abrams
Anderson, I.
Beard
Bernardy
Blaine
Bradley
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hilstrom
Hilty
Holberg
Hoppe
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Kohls
Krinkie
Lanning
Lesch
Lieder
Magnus
Mahoney
Mariani
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Peterson, N.
Rukavina
Ruth
Samuelson
Seifert
Severson
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Welti, Otremba, Liebling and Johnson, S.,
moved to amend H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 7, delete lines 5 to 12 and insert:
"Sec. 8.� LOAN FOR PEIP PROGRAM.�
Notwithstanding Minnesota Statutes, section 295.581, the
commissioner of employee relations, in consultation with the labor management
committee created in Minnesota Statutes, section 43A.316, may borrow up to
$2,320,000 in fiscal year 2007 or fiscal year 2008 from the health care access
fund for onetime administrative costs for marketing, communication, plan
administration, and development of a data warehouse to support the public
employee insurance program.� A loan under
this section accrues no interest, and must be repaid by June 30, 2011.� The loan must be repaid from reserves in the
public employee insurance program, if the commissioner of employee relations
determines that reserves are sufficient to repay the loan without jeopardizing
the financial status of the program.� If
the commissioner determines there is not sufficient funding to repay the loan,
the money necessary to repay the loan is appropriated from the general fund,
effective June 30, 2011.� This section is
effective only if the state prevails in the appeal of the decision filed
December 20, 2005, by the Minnesota District Court, Second Judicial District,
in State v. Philip Morris, Inc."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Davnie, Loeffler, Buesgens and Newman
moved to amend H. F. No. 2833, the second engrossment, as amended, as follows:
����� Pages 31 and 32, delete section 53
����� Renumber the sections in sequence and
correct the internal references
����� Amend the title accordingly
����� The motion prevailed and the amendment was
adopted.
����� Brod, Bradley, Cornish, Garofalo, Slawik,
Paulsen, Moe, Erickson, Ruth, Abeler, Meslow, Holberg, Zellers, Lillie and
Gunther moved to amend H. F. No. 2833, the second engrossment, as amended, as
follows:
����� Page 7, after line 14, insert:
"Section 1.� CONSTITUTIONAL AMENDMENT PROPOSED.
�
An amendment to the Minnesota Constitution, article IV,
section 4, is proposed to the people.� If
the amendment is adopted, the section will read:
Sec.
4.� Representatives shall be chosen for a
term of two years, except to fill a vacancy.�
Senators shall be chosen for a term of four years, except to fill a
vacancy, and except as otherwise required by this article.� There shall be an entire new election of
all the senators at the first election of representatives after each new
legislative apportionment provided for in this article, and at that election
senators elected from odd-numbered districts shall be elected to two‑year
terms.� The governor shall call
elections to fill vacancies in either house of the legislature.�
Sec. 2.� SUBMISSION TO VOTERS.�
The proposed amendment must be submitted to the people at the
2006 general election.� The question
proposed shall be:
"Shall the Minnesota Constitution be amended to require
that, as near as practical, one-half of the members of the senate stand for election
at each biennial election of legislators, commencing in 2012?
����������������������������������������������������������������������������������������� Yes
.......
����������������������������������������������������������������������������������������� No
......."
Sec. 3.� IMPLEMENTATION.�
The Secretary of State shall implement sections 1 and 2
within the appropriation for fiscal year 2007."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Brod et al
amendment and the roll was called.� There
were 103 yeas and 31 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Latz
Lenczewski
Liebling
Lillie
Loeffler
Magnus
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Clark
Dill
Ellison
Entenza
Fritz
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Jaros
Johnson, S.
Kahn
Kelliher
Larson
Lesch
Lieder
Marquart
Murphy
Nelson, M.
Rukavina
Sertich
Sieben
Smith
Thao
Thissen
Wagenius
Walker
����� The motion prevailed and the amendment was
adopted.
����� Lillie; Rukavina; Juhnke; Simon; Mariani;
Dempsey; Peterson, S.; Thao; Sailer; Lenczewski; Paymar; Ellison; Fritz;
Larson; Moe; Sieben; Goodwin; Haws; Entenza; Mahoney; Poppe; Nelson, M.;
Loeffler; Kelliher; Ruud; Hornstein; Hansen; Johnson, S.; Hortman; Smith;
Greiling and Clark offered an amendment to H. F. No. 2833, the
second engrossment, as amended.
POINT OF ORDER
����� Seifert 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 Lillie et al amendment was not in
order.� Speaker pro tempore Abrams ruled
the point of order well taken and the Lillie et al amendment out of order.
����� The Speaker resumed the Chair.
����� Buesgens moved to amend H. F. No. 2833,
the second engrossment, as amended, as follows:
����� Page 7, after line 14, insert:
"Section 1.� CONSTITUTIONAL AMENDMENT PROPOSED.�
An amendment to the Minnesota Constitution is proposed to the
people.� If the amendment is adopted,
article XI, section 14, will read:
Sec. 14.� A permanent
environment and natural resources trust fund is established in the state
treasury.� Loans may be made of up to
five percent of the principal of the fund for water system improvements as
provided by law.� The assets of the fund
shall be appropriated by law for the public purpose of protection, conservation,
preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources.� The amount
appropriated each year of a biennium, commencing on July 1 in each odd-numbered
year and ending on and including June 30 in the next odd-numbered year, may be
up to 5-1/2 percent of the market value of the fund on June 30 one year before
the start of the biennium.� Except as
provided in article XIII, section 5, not less than 40 percent of the net
proceeds from any state-operated lottery must be credited to the fund until the
year 2025.��
article XIII, section 5, will read:
Sec. 5.� The
legislature shall not authorize any lottery or the sale of lottery tickets,
other than authorizing:
(1) a lottery and sale of lottery tickets for a lottery
operated by the state.; and
(2) the placement of video lottery machines operated by the state at a
racetrack authorized under article X, section 8.
Not less than 40 percent of the net proceeds from the
operation of video lottery machines must be credited to the general fund.
Sec. 2.� SUBMISSION TO VOTERS.�
The proposed amendment must be submitted to the people at the
2006 general election.� The question
submitted must be:
"Shall the Minnesota Constitution be amended to permit
the legislature to authorize a racino and use the lottery proceeds earned from
the operation of a racino to be credited to the general fund?
���������������������������������������������������������������������������������������� Yes
.......
���������������������������������������������������������������������������������������� No
......."
Sec. 3.� IMPLEMENTATION.�
The Secretary of State shall implement sections 1 and 2 within
the appropriation for fiscal year 2007."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
POINT OF ORDER
����� Atkins raised a point of order pursuant to
rule 3.21 that the Buesgens amendment was not in order. The Speaker ruled the
point of order not well taken and the Buesgens amendment in order.
����� Hortman moved to amend the Buesgens
amendment to H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 1, line 23, delete "40"
and insert "80"
����� Page 2, line 4, after "use"
insert "80 percent of"
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment and the roll was called.�
There were 61 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Atkins
Bernardy
Carlson
Clark
Davnie
Dempsey
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Otremba
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dorman
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment to the amendment was not adopted.
����� The question recurred on the Buesgens amendment
and the roll was called.� There were 57
yeas and 77 nays as follows:
����� Those who voted in the affirmative were:
Abrams
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
Demmer
Dittrich
Dorman
Emmer
Erickson
Finstad
Garofalo
Goodwin
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Klinzing
Knoblach
Kohls
Latz
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Peppin
Powell
Ruth
Samuelson
Severson
Smith
Soderstrom
Sykora
Tingelstad
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
DeLaForest
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Fritz
Gazelka
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Lanning
Larson
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Solberg
Thao
Thissen
Urdahl
Vandeveer
Wagenius
Walker
Welti
����� The motion did not prevail and the amendment was not adopted.
����� Latz; Wardlow; Peterson, S.; Ellison; Paymar; Peterson, N.;
Sailer; Cox; Hornstein; Lieder; Simon; Poppe; Meslow; Slawik; Ruud; Peterson,
A.; Howes; Eken; Heidgerken; Thissen; Sieben; Erhardt and Clark offered an
amendment to H. F. No. 2833, the second engrossment, as amended.
POINT OF ORDER
����� Seifert raised a point of order pursuant to rule 3.21 that the
Latz et al amendment was not in order.�
The Speaker ruled the point of order well taken and the Latz et al
amendment out of order.
����� Latz appealed the decision of the Speaker.
����� A roll call was requested and properly seconded.
����� The vote
was taken on the question "Shall the decision of the Speaker stand as the
judgment of the House?" and the roll was called.� There were 69 yeas and 62 nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who
voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson, R.
Johnson, S.
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
����� So it was the judgment of the House that the decision of the
Speaker should stand.
����� The Speaker called Abrams to the Chair.
����� Solberg was excused for the remainder of today's session.
����� Emmer moved to amend H. F. No. 2833, the second engrossment, as
amended, as follows:
����� Page 70, after line 17, insert:
"Section 1.� Minnesota Statutes 2004, section 10A.01, is
amended by adding a subdivision to read:
Subd. 16a.� Electioneering
communication.� "Electioneering
communication" means a broadcast communication that refers to a clearly
identified candidate and is made within 60 days before a general or special
election or 30 days before a primary or special primary for the office sought
by the candidate. "Electioneering communication" does not include:
(1) a communication
appearing in a news story, commentary, or editorial distributed by a
broadcasting station or newspaper, unless the broadcasting station or newspaper
is owned or controlled by a political party unit, political committee, or
candidate;
(2) a campaign expenditure;
or
(3) an independent
expenditure."
Page 72, after line 4,
insert:
"Sec. 3.� Minnesota Statutes 2004, section 10A.14,
subdivision 1, is amended to read:
Subdivision 1.� First
registration.� The treasurer of a
political committee, political fund, principal campaign committee, or party
unit must register with the board by filing a statement of organization no
later than 14 days 48 hours after the committee, fund, or party
unit has made a contribution, received contributions, or made expenditures in
excess of $100."
Page 72, after line 13,
insert:
"Sec. 5.� [10A.165]
COORDINATED ELECTIONEERING COMMUNICATIONS; CONTRIBUTIONS; EXPENDITURES.�
If an individual, political
committee, political fund, or political party unit makes an expenditure for an
electioneering communication as defined in section 10A.01, subdivision 16a,
that is coordinated with a principal campaign committee or political party
unit, the electioneering communication constitutes a contribution to, and an
expenditure by, the principal campaign committee of the candidate named in the
electioneering communication or of the political party unit whose candidate is
named in the electioneering communication.
Sec.
6.� Minnesota Statutes 2004, section
10A.20, is amended by adding a subdivision to read:
Subd. 6c.� Electioneering communication.� An individual, political committee,
political fund, or political party unit that makes an expenditure for an
electioneering communication in an aggregate amount in excess of $500 within 60
days before a general or special election or 30 days before a primary or
special primary for the office sought by the candidate identified in the
electioneering communication must, within 24 hours of making the expenditure,
file a report with the board containing the following information:
(1) the amount of each expenditure over $100, the name and
address of the person to whom the expenditure was made, and the purpose of the
expenditure;
(2) the election or primary to which each electioneering
communication pertains and the name of any candidate to be identified in the
electioneering communication; and
(3) in the case of a report filed by an individual, the name,
address, and employer or occupation, if self-employed, of the individual making
the electioneering communication.
An additional report containing the information specified in
this subdivision must be filed within 24 hours after each time an expenditure
for an electioneering communication in an aggregate amount exceeding $500 is
made within 60 days before a general or special election or 30 days before a
primary or special primary for the office sought by the candidate.
Sec. 7. �Minnesota
Statutes 2004, section 10A.20, is amended by adding a subdivision to read:
Subd. 6d.� Independent expenditures.� (a) An individual, political committee,
political party unit, or political fund must file a report with the board each
time the individual, political committee, political party unit, or political
fund makes, at any time up to and including the 20th day before an election,
independent expenditures in an aggregate amount in excess of $500.� The report must be filed within 48 hours
after initially making such expenditures.�
An additional report must be filed within 48 hours after each time an
independent expenditure in an aggregate amount in excess of $500 is made, up to
and including the 20th day before an election.�
The report must include the information required to be reported under
subdivision 3, paragraph (g).� The report
must also indicate (1) the name and office sought by a candidate named in the
independent expenditure and (2) whether the independent expenditure expressly
advocates the candidate's election or defeat.
(b) An individual, political committee, political party unit,
or political fund must file a report with the board each time the individual,
political committee, political party unit, or political fund makes, between the
19th day and the last day before an election, an independent expenditure in an
aggregate amount in excess of $100.� The
report must be filed within 24 hours after initially making such expenditures.� An additional report must be filed within 24
hours after making an independent expenditure in an aggregate amount in excess
of $100 at any time up to and including the 20th day before an election.� The report must include the information
required to be reported under subdivision 3, paragraph (g).� The report must also indicate (1) the name
and office sought by a candidate named in the independent expenditure and (2)
whether the independent expenditure expressly advocates the candidate's
election or defeat.
Sec. 8.� Minnesota
Statutes 2004, section 10A.20, is amended by adding a subdivision to read:
Subd. 6e.� Encouraging voter participation.� (a) An individual, other than a political
committee, a political fund, a political party, a political party unit, or an
association that makes an expenditure to encourage voter registration or get
out the vote efforts in an aggregate amount in excess of $2,000 during a
calendar year must, within 24 hours of making such an expenditure, file a
report with the board containing:
(1)
the amount of each expenditure over $500, the name and address of the person to
whom the expenditure was made, and the purpose of the expenditure; and
(2) the election or primary to which each expenditure
pertains.
(b) An additional report containing the information specified
in this subdivision must be filed within 24 hours after each time an
expenditure subject to this subdivision is made during the calendar year."
Page 73, line 35, after the period, insert:
"A candidate covered by this paragraph is also
entitled to the following benefits:
(1) the candidate's contribution limits in section 10A.27,
subdivision 1, are doubled;
(2) the candidate's aggregate limit in section 10A.27,
subdivision 2, is 25 times the maximum individual contribution instead of ten
times the maximum contribution; and
(3) the candidate is not subject to the aggregate limits in
section 10A.27, subdivision 11."
Page 100, after line 12, insert:
"Sec. 53.� INTERNET CAMPAIGN REPORTING AND PUBLIC
SUBSIDY PAYMENT STUDY.�
A work group is established to study the feasibility of
creating an online campaign finance reporting and public subsidy payment
system.� The work group must study the
initial costs and long-term savings of creating a system for filing online all
reports required by Minnesota Statutes, chapter 10A, and for electronically
making subsidy payments under Minnesota Statutes, chapter 10A.� The work group must report to the chairs of
the committees with jurisdiction over election and campaign finance law in the
senate and house of representatives by January 15, 2009.
The work group shall consist of one member of the Campaign
Finance and Public Disclosure Board designated by the chair of the board, three
members appointed by the governor, three members appointed by the speaker of
the house, and three members appointed by the senate Committee on Committees.
The Campaign Finance and Public Disclosure Board and the
Department of Revenue must provide staff resources to the work group.
EFFECTIVE
DATE.� This section is
effective January 1, 2008."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� Latz moved to amend the Emmer amendment to
H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 3, line 13, after the period, insert
"When communicating in an independent expenditure, political party
units and any other organization must disclose the full name of the
organization and/or political party unit and not an abbreviation of the name."
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment and the roll was called.�
There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the amendment to
the amendment was adopted.
����� Emmer temporarily withdrew his amendment,
as amended, to H. F. No. 2833, the second engrossment, as amended.
����� Sertich moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 19, after line 26, insert:
"Sec. 32.�
Minnesota Statutes 2004, section 10A.01, subdivision 13, is amended to
read:
Subd.
13.� Donation
in kind.� "Donation in
kind" means anything of value that is given, other than money or
negotiable instruments, including a regularly scheduled radio show featuring
a candidate or office holder as host.�
An approved expenditure is a donation in kind."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Sertich
amendment and the roll was called.� There
were 38 yeas and 94 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dorman
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hilstrom
Hornstein
Jaros
Johnson, S.
Kelliher
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Mullery
Nelson, M.
Otremba
Paymar
Rukavina
Sailer
Scalze
Sertich
Slawik
Thao
Vandeveer
Wagenius
Walker
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hausman
Haws
Heidgerken
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lieder
Magnus
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Sieben
Simon
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment was not adopted.
����� Lillie moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 67, after line 24, insert:
"Sec. 133.� COMPENSATION FOR PERIOD OF PARTIAL
GOVERNMENT SHUTDOWN.�
Subdivision 1.�
Definitions; coverage.� For purposes of this section:
(1)
"employee" means a state employee, as defined in Minnesota Statutes,
section 43A.02, subdivision 21, who the commissioner determines was prevented
from working because of the partial government shutdown;
(2) "partial government
shutdown" means the period from July 1, 2005, through July 14, 2005,
during which appropriations needed to fund certain state government functions
had not been enacted; and
(3) "commissioner"
means the commissioner of employee relations.
Subd. 2.� Credit
for uncompensated hours.� (a)
The commissioner must determine the number of hours an employee was prevented
from working due to the partial government shutdown and for which the employee
has not been fully paid by the state.
(b) An employee's vacation
bank must be credited with the number of hours determined under paragraph
(a).� Notwithstanding any law or policy
to the contrary, an employee credited with hours under this paragraph may choose
to be paid in cash for these hours, rather than having the hours credited to
the employee's vacation bank.
(c) If a memorandum of
understanding or other agreement or policy provides an employee with partial
compensation for hours not worked due to the partial government shutdown,
compensation provided under that agreement or policy must be subtracted from
compensation in cash or in credit to the employee's vacation bank that
otherwise would be due under this section.
Subd. 3.� Funds
available.� Any funds
remaining in the house as of the 2006 adjournment of the legislature will be
available to pay for the expenses of this section.
EFFECTIVE DATE.� This section is effective the day
following final enactment.� The
commissioner must make payments or credits required by this section within 30
days of the effective date of this section."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� Seifert moved to amend the Lillie amendment to H. F. No. 2833,
the second engrossment, as amended, as follows:
����� Page 1, line 25, delete "house" and insert
"senate"
����� A roll call was requested and properly seconded.
����� The question was taken on the amendment to the amendment and
the roll was called.� There were 118 yeas
and 14 nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Tingelstad
Urdahl
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, I.
Goodwin
Greiling
Huntley
Jaros
Johnson, S.
Lesch
Mahoney
Olson
Rukavina
Thissen
Vandeveer
Wagenius
Walker
����� The motion prevailed and the amendment to
the amendment was adopted.
����� Mullery moved to amend the Lillie
amendment, as amended by the Seifert amendment, to H. F. No. 2833, the second
engrossment, as amended, as follows:
����� Page 1 line 25, before "senate"
insert "house and"
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment, as amended, and the roll was called.� There were 57 yeas and 75 nays as follows:
����� Those who voted in the affirmative were:
Anderson, I.
Atkins
Bernardy
Carlson
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Mullery
Olson
Ozment
Pelowski
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Thao
Thissen
Vandeveer
Wagenius
Walker
Welti
����� Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Howes
Johnson, J.
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Magnus
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Paulsen
Paymar
Penas
Peppin
Peterson, A.
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion did not prevail and the
amendment to the amendment, as amended, was not adopted.
����� Rukavina moved to amend the Lillie
amendment, as amended by the Seifert amendment, to H. F. No. 2833, the second
engrossment, as amended, as follows:
����� Page 1, line 25, before "senate"
insert "supreme court and"
����� The motion did not prevail and the
amendment to the amendment, as amended, was not adopted.
����� The question recurred on the Lillie
amendment, as amended, and the roll was called.�
There were 114 yeas and 19 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, B.
Bradley
Buesgens
Dean
DeLaForest
Emmer
Garofalo
Hackbarth
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Newman
Sykora
Vandeveer
Wilkin
Zellers
����� The motion prevailed and the amendment, as
amended, was adopted.
����� The Emmer amendment, as amended, to H. F.
No. 2833, the second engrossment, as amended, which was temporarily withdrawn
earlier today, was again reported to the House.
����� Brod moved to amend the Emmer amendment,
as amended, to H. F. No. 2833, the second engrossment, as amended, as follows:
����� Page 3, line 13, after the period, insert
"When communicating in an independent expenditure, individuals,
political committees, political funds, political party units and any other
organization must disclose the full name of the individual or organization and
not an abbreviation of the name that is making the expenditure."
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment, as amended, and the roll was called.� There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the amendment to
the amendment, as amended, was adopted.
MOTION
FOR RECONSIDERATION
����� Latz moved that the vote whereby the Latz
amendment to the Emmer amendment to H. F. No. 2833, the second
engrossment, as amended, adopted earlier today, be now reconsidered.� The motion prevailed.
����� Latz withdrew his amendment to the Emmer
amendment, as amended, to H. F. No. 2833, the second engrossment, as amended.
����� The question recurred on the Emmer
amendment, as amended, and the roll was called.�
There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� The motion prevailed and the amendment, as
amended, was adopted.
����� Paulsen moved to amend H. F. No. 2833, the
second engrossment, as amended, as follows:
����� Page 76, line 14, after the period, insert
"An individual may not donate more than $25,000 in the aggregate in a
calendar year to a political committee or political fund."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Paulsen
amendment and the roll was called.� There
were 128 yeas and 5 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Abrams
Huntley
Mahoney
Thao
Vandeveer
����� The motion prevailed and the amendment was
adopted.
����� Abeler was excused for the remainder of
today's session.
����� Kohls; Buesgens; Garofalo; Dean; Holberg;
Anderson, B.; Emmer; Zellers; Severson; Wilkin; DeLaForest; Hoppe; Brod and
Klinzing moved to amend H. F. No. 2833, the second engrossment, as amended, as
follows:
����� Page 100, after line 12, insert:
"Sec. 44.�
Minnesota Statutes 2004, section 211B.15, subdivision 1, is amended to
read:
Subdivision 1.� Definitions.� For purposes of this section,
"corporation" means:
(1) a corporation organized for profit that does business in
this state;
(2) a nonprofit corporation that carries out activities in
this state; oder
(3) a limited liability company formed under chapter 322B, or
under similar laws of another state, that does business in this state; or
(4) a business entity established or operated by a foreign
government or by an entity or subdivision of an entity that exercises
governmental functions for purposes of Public Law 97-473, Title II.
Sec.
45.� [211B.153]
CONTRIBUTIONS FROM GOVERNMENT UNITS.�
A candidate or the treasurer of a candidate's principal
campaign committee must not accept a contribution from any foreign government
or any state or local government unit in this state or in any other state.� For purposes of this subdivision,
"government unit" means any state agency, board, commission, or
department; or any county, statutory or home rule charter city, town, school
district, special district, or any local board, commission, district, or
authority created pursuant to law or local ordinance.� A candidate or treasurer who accepts a
contribution prohibited by this section or a government unit that makes a
contribution prohibited by this section is subject to a civil penalty not greater
than $40,000."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kohls et al
amendment and the roll was called.� There
were 77 yeas and 55 nays as follows:
����� Those who voted in the affirmative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dittrich
Dorman
Eastlund
Eken
Ellison
Emmer
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hornstein
Hortman
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Lenczewski
Liebling
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Sailer
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dempsey
Dill
Dorn
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Scalze
Sertich
Sieben
Simon
Slawik
Thao
Wagenius
Walker
����� The motion prevailed and the amendment was
adopted.
����� The Speaker resumed the Chair.
����� H. F. No. 2833, as amended, was read for
the third time.
LAY ON THE TABLE
����� Seifert moved that H. F. No. 2833, as
amended, be laid on the table.
����� A roll call was requested and properly
seconded.
CALL OF THE HOUSE
����� On the motion of Entenza and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Paulsen moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees.� The motion prevailed
and it was so ordered.
����� The question recurred on the Seifert
motion and the roll was called.� There
were 72 yeas and 60 nays as follows:
����� Those who voted in the affirmative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Hilty
Holberg
Hoppe
Howes
Huntley
Johnson, J.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Magnus
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
����� Those who
voted in the negative were:
Anderson, I.
Atkins
Bernardy
Carlson
Clark
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hornstein
Hortman
Hosch
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Thao
Wagenius
Walker
Welti
����� The motion prevailed and H. F. No. 2833, as amended, was laid
on the table.
CALENDAR FOR THE DAY
����� Paulsen moved that the Calendar for the Day be continued.� The motion prevailed.
MOTIONS AND RESOLUTIONS
����� Beard moved that the name of Hamilton be added as an author on
H. F. No. 1667.� The
motion prevailed.
����� Johnson, J., moved that the name of Zellers be added as an
author on H. F. No. 2600.�
The motion prevailed.
����� Kahn moved that the name of Ruud be added as an author on
H. F. No. 2673.� The motion
prevailed.
����� Seifert moved that the name of Tingelstad be added as an author
on H. F. No. 2833.� The
motion prevailed.
����� Sykora moved that the name of Tingelstad be added as an author
on H. F. No. 2890.� The
motion prevailed.
����� Erickson moved that the name of Tingelstad be added as an
author on H. F. No. 3241.�
The motion prevailed.
����� Erickson moved that the name of Tingelstad be added as an
author on H. F. No. 3262.�
The motion prevailed.
����� Hosch moved that the name of Tingelstad be added as an author
on H. F. No. 3576.� The
motion prevailed.
����� Olson moved that the name of Tingelstad be added as an author
on H. F. No. 3640.� The
motion prevailed.
����� Peterson, S., moved that the name of Fritz be added as an
author on H. F. No. 3642.�
The motion prevailed.
����� Peterson, S., moved that the name of Fritz
be added as an author on H. F. No. 3644.� The motion prevailed.
����� Urdahl moved that his name be stricken as an author on
H. F. No. 3952.� The
motion prevailed.
����� Ellison moved that the name of Clark be added as an author on
H. F. No. 4090.� The
motion prevailed.
����� Krinkie moved that the names of Anderson, B.; Blaine; Gazelka;
Urdahl; Heidgerken; Johnson, J.; Klinzing; Charron; Garofalo; Holberg; Nornes;
Soderstrom; Cybart; Kohls; Bradley; Powell; Zellers; Westrom; Westerberg;
Hackbarth and Severson be added as authors on
H. F. No. 4142.� The
motion prevailed.
����� Simpson moved that the names of Nornes and Ruth be added as
authors on H. F. No. 4145.�
The motion prevailed.
����� Peterson, N., moved that the name of Scalze be added as an
author on H. F. No. 4147.�
The motion prevailed.
CALL OF THE HOUSE LIFTED
����� Paulsen moved that the call of the House be suspended.� The motion prevailed and it was so ordered.
ADJOURNMENT
����� Paulsen moved that when the House adjourns today it adjourn
until 12:00 noon, Wednesday, April 19, 2006.�
The motion prevailed.
����� Paulsen moved that the House adjourn.� The motion prevailed, and the Speaker
declared the House stands adjourned until 12:00 noon, Wednesday, April 19,
2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives