STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FORTY-FOURTH
DAY
Saint Paul, Minnesota, Thursday, April 25, 2013
����� The House of Representatives convened at 10:00
a.m. and was called to order by Paul Thissen, Speaker of the House.
����� Prayer was offered by the Reverend Craig
Hanson, Roseville Lutheran Church, Roseville, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
����� A quorum was present.
����� Zellers was
excused until 12:00 noon.� Kieffer was
excused until 12:45 p.m.� Slocum was
excused until 1:00 p.m.� Dean, M., was excused until 2:30
p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
����� The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
April 22,
2013
The
Honorable Paul Thissen
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Thissen:
����� Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State
H. F. Nos. 504, 290, 129, 75 and 834.
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Dayton
������������������������������������������������������������������������������������������������������������������������������� Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Paul Thissen
Speaker of the House of
Representatives
The Honorable Sandra L. Pappas
President of the Senate
����� I have the honor to inform you that the
following enrolled Acts of the 2013 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2013 |
Date Filed 2013 |
���� 1086�������������������������������������������������� 14�������������������������������������� 11:17
a.m. April 22�������������������������������� April
22
������������������������������ 504�������������������������� 15�������������������������������������� 11:14
a.m. April 22�������������������������������� April
22
������������������������������ 290�������������������������� 16�������������������������������������� 11:18
a.m. April 22�������������������������������� April
22
������������������������������ 129�������������������������� 17�������������������������������������� 11:19
a.m. April 22�������������������������������� April
22
�������������������������������� 75�������������������������� 18�������������������������������������� 11:19
a.m. April 22�������������������������������� April
22
������������������������������ 834�������������������������� 19�������������������������������������� 11:22
a.m. April 22�������������������������������� April
22
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Ritchie
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 128, A bill for an act relating to solid waste; amending process for cities to implement organized collection of solid waste; amending Minnesota Statutes 2012, section 115A.94, subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012, section 115A.94, subdivision 4.
Reported the same back with the recommendation that the bill pass.
����� The
report was adopted.
Atkins from the Committee on Commerce and Consumer Protection Finance and Policy to which was referred:
H. F. No. 1765, A bill for an act relating to commerce; requiring labor peace agreements on certain qualifying projects; defining terms.
Reported the same back with the following amendments:
Page 1, delete section 1 and insert:�
"Section 1.� LABOR
PEACE AGREEMENTS.
(a) The state recognizes the need to
protect public investments made in certain capital projects which may involve
hospitality operations such as hotels.� The
efficient and uninterrupted operation of these hospitality services, and the
associated public investment, may be threatened by labor disputes.� The state finds that labor peace agreements
in which labor unions voluntarily agree not to engage in picketing, boycotts,
work stoppages, or any other economic interference at a hospitality business
are the most effective method of ensuring continuous operation of hospitality
businesses receiving state or local government investment.� It is the policy of the state that labor
peace agreements are required as a prerequisite for receiving state or local
government participation on any qualifying project in which the state or a
local government has a proprietary interest, or acts as a market participant,
if the project will result in the employment of hospitality workers.
(b) For the purposes of this section:
(1) the state or a local government has
a proprietary interest in a project where it finances the project in whole or
in part by any of the following:� providing
a grant, providing a loan, guaranteeing any payment under any loan, lease, or
other obligation, providing tax increment financing, contributing revenue on
general obligation bonds, or providing a tax abatement, reduction, deferral, or
credit;
(2) the state or a local government acts
as a market participant in a project when it is the owner of the project, is an
equity investor in the project, or donates, sells, or leases real property,
personal property, or infrastructure in support of the project;
(3) "qualifying project" means
a project that is located in a county that contains a city of the first class
as defined under Minnesota Statutes, section 410.01, and includes the
construction or development of a hotel; a food and beverage operation that is
integral to a hotel, a major league or minor league sports facility, a
convention center, or a civic center; or a cultural venue with catering or
cafeteria facilities;
(4) "hospitality workers"
means all full-time or regular part-time employees of hotels and their integral
food and beverage operations as well as all full-time or regular part-time
employees providing food and beverage, concession, catering, cafeteria, or
merchandise services at sports facilities, convention centers, civic centers,
or cultural venues, excluding supervisors, managers, and guards;
(5) "employer of
hospitality workers" means an employer of hospitality workers who will be
employed as a result of a qualifying project, and includes a developer of a
state or local government-owned facility that is all or part of a qualifying
project and a developer of a facility benefiting from state or local government
financial participation in a qualifying project;
(6) "labor peace agreement"
means a valid contract that sets forth agreements by and between an employer of
hospitality workers and any labor organization seeking to represent hospitality
workers on the process the employer and union will follow as the hospitality
workers who will be employed as a result of the project choose whether or not
to organize as a unit for collective bargaining with the employer; and
(7) "local government" includes counties, cities, towns, and any development authority established under Minnesota Statutes, chapter 469.�
(c) Any employer of hospitality workers
on a qualifying project must have negotiated and executed a labor peace
agreement with any interested labor organization prior to, and as a condition
precedent of, the approval of financial assistance that causes the state or
local government to hold a proprietary interest in the project.� When the state or a local government acts as
a market participant in the project, any employer of hospitality workers must
have a signed labor peace agreement with any interested labor organization
prior to, and as a condition precedent to, its contract with the state or local
government.
(d)
To fulfill the condition precedent to state or local government participation,
a labor peace agreement must contain:
(1) a provision prohibiting the labor
organization and its members from engaging in any picketing, work stoppages,
boycotts, or any other economic interference with the employer's hospitality
operations on the qualifying project for the duration of the state or local
government's ongoing financial interest in the qualifying project or for five
years, whichever is greater;
(2) a provision requiring that during
the duration of the agreement all disputes relating to employment conditions or
the negotiation thereof shall be submitted to final and binding arbitration;
and
(3) a provision requiring the employer
of hospitality workers to incorporate the terms of the labor peace agreement in
any contract, subcontract, lease, sublease, operating agreement, concessionaire
agreement, franchise agreement, or other agreement or instrument giving a right
to any other employer of hospitality workers to own or operate the project or
activities within the project.
(e) If an employer of hospitality
workers has valid collective bargaining agreements with recognized unions that
cover, or will cover, the hospitality workers that will be employed as a result
of the qualifying project, those agreements satisfy the requirements of this
section.
(f) This section shall not apply to
projects that receive less than $1,000,000 dollars of the total cost of the
project from state and local government sources.
(g) Nothing in this section requires an
employer to recognize a particular labor organization.� This section is not intended to enact or
express any generally applicable policy regarding labor management relations or
to regulate those relations in any way.� This
section is not intended to favor any particular outcome in the determination of
employee preference regarding union representation.
(h) Nothing in this section denies any financial assistance approved prior to August 1, 2013."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.
����� The
report was adopted.
SECOND READING OF HOUSE BILLS
����� H. F. No. 128 was read for
the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
����� The
following House Files were introduced:
Kelly, Norton, Kieffer and Garofalo introduced:
H. F. No. 1805, A bill for an act relating to civil law; providing for civil union relationships; substituting civil union contracts for marriage for purposes of Minnesota law; amending Minnesota Statutes 2012, sections 363A.27; 517.01; 517.02; 517.03; 517.07; 517.08; 517.10; 517.101; 517.20; proposing coding for new law in Minnesota Statutes, chapter 517; repealing Minnesota Statutes 2012, sections 517.04; 517.041; 517.05; 517.06; 517.09; 517.13; 517.14; 517.15; 517.16; 517.18.
The bill was read for the first time and referred to the Committee on Civil Law.
Woodard and Garofalo introduced:
H. F. No. 1806, A bill for an act relating to fireworks; regulating the manufacture, sale, and use of fireworks; use of related sales tax proceeds; amending Minnesota Statutes 2012, section 297E.021, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Atkins, Morgan and Masin introduced:
H. F. No. 1807, A bill for an act relating to capital investment; establishing the Host Community Economic Development grant program; appropriating money; authorizing the sale and issuance of state bonds; proposing coding for new law in Minnesota Statutes, chapter 116J.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance and Policy.
Slocum introduced:
H. F.
No. 1808, A bill for an act relating to the city of Richfield; authorizing the
city to issue certain on-sale licenses.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
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 File, herewith returned:�
H. F. No. 283, A bill for an act relating to evidence; limiting availability of certain evidence arising from a collaborative law process; amending Minnesota Statutes 2012, section 595.02, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:�
H. F. No. 748, A bill for an act relating to employment; modifying prompt payment of wages requirements; modifying penalties; amending Minnesota Statutes 2012, sections 181.13; 181.14.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
����� S. F. No. 510.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING OF
SENATE BILLS
S. F. No. 510, A bill for an act relating to solid waste; amending process for cities to implement organized collection of solid waste; amending Minnesota Statutes 2012, section 115A.94, subdivisions 2, 5, by adding subdivisions; repealing Minnesota Statutes 2012, section 115A.94, subdivision 4.
The bill was read for the first time.�
Slocum moved that S. F. No. 510 and H. F. No. 128, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
����� Murphy, E., moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
CALENDAR
FOR THE DAY
����� S. F. No. 1236 was reported
to the House.
Drazkowski moved to amend S. F. No. 1236, the unofficial engrossment, as follows:
Page 2, line 34, delete "160,005,000" and insert "160,548,000"
Page 6, line 21, delete "507,081,000" and insert "506,538,000"
Adjust amounts accordingly
����� The
motion prevailed and the amendment was adopted.
Benson, M., moved to amend S. F. No. 1236, the unofficial engrossment, as amended, as follows:
Page 5, after line 17, insert:�
"Of
this appropriation, $52,500,000 in fiscal year 2015 is conditional on a
reduction in system administrative costs of at least six percent, and a
reduction in human resources and personnel costs of at least six percent.� A report detailing the reductions, including
the actual dollar value of the reductions, the reductions as a percentage of
the total administrative and personnel costs of the system, and any positions,
programs, or departments affected by the reductions, shall be submitted to the
chairs and ranking minority members of the house Higher Education Finance and
Policy Committee and the senate Higher Education and Workforce Development
Division no later than February 1, 2014.�
The commissioner of management and budget shall release the conditional
funds upon consultation with the Legislative Advisory Commission, including the
chairs and ranking minority members of the house committee and senate division,
to determine whether the conditions required for release of the funds have been
met."
Page 6, after line 23, insert:�
"Of
this appropriation, $37,525,000 in fiscal year 2015 is conditional on a
reduction in system administrative costs of at least six percent, and a
reduction in human resources and personnel costs of at least six percent.� A report detailing the reductions, including
the actual dollar value of the reductions, the reductions as a percentage of
the total administrative and personnel costs of the system, and any positions,
programs, or departments affected by the reductions, shall be submitted to the
chairs and ranking minority members of the house Higher Education Finance and
Policy Committee and the senate Higher Education and Workforce Development
Division no later than February 1, 2014.� The commissioner of management and budget
shall release the conditional funds upon consultation with the Legislative
Advisory Commission, including the chairs and ranking minority members of the
house committee and senate division, to determine whether the conditions
required for release of the funds have been met.
����� A roll call was requested and properly
seconded.
Benson, M., moved to amend his amendment to S. F. No. 1236, the unofficial engrossment, as amended, as follows:
Page 1, delete lines 4 to 8 and insert:�
"Of
this appropriation, $52,500,000 in fiscal year 2015 is conditional on an
overall reduction in system costs of at least six percent, to be implemented
across the following categories, in order of priority:
(1)
central administration of the system and executive administration of individual
campuses, including salaries of the chancellor, vice-chancellors, provosts,
vice-provosts, presidents, and deans;
(2) other personnel and human resources
costs not included in clause (1); and
(3) consolidation or elimination of duplicative, unnecessary, or obsolete departments, programs, or positions."
Page 2, delete lines 2 to 6 and insert:�
"Of this appropriation, $37,525,000
in fiscal year 2015 is conditional on an overall reduction in system costs of
at least six percent, to be implemented across the following categories, in
order of priority:
(1)
central administration of the system and executive administration of individual
campuses, including salaries of the president, vice-presidents, provosts,
vice-provosts, chancellors, and deans;
(2) other personnel and human resources
costs not included in clause (1); and
(3) consolidation or elimination of duplicative, unnecessary, or obsolete departments, programs, or positions."
����� 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 56
yeas and
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The
motion did not prevail and the amendment to the amendment was not adopted.
����� Savick was excused for the remainder of
today's session.
����� The question recurred on the Benson, M.,
amendment and the roll was called.� There
were 59 yeas and 70 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Liebling
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
���������� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend S. F. No. 1236, the unofficial engrossment, as amended, as follows:
Page 5, after line 17, insert:�
"Of
this appropriation, $52,500,000 in fiscal year 2015 is conditional
on the following:
(1) an increase of at least five percent in
the employment rate within six months following graduation for undergraduate students
graduating in 2013, compared to the same rate for undergraduate students
graduating in 2011; and
(2) an
increase of at least five percent in the four-year graduation rate for
undergraduate students scheduled to graduate in 2014, compared to the same rate
for undergraduate students graduating in 2011.
A
report detailing the steps taken to achieve these rates, and the actual
outcomes, shall be submitted to the chairs and ranking minority members of the
house Higher Education Finance and Policy Committee and the senate Higher
Education and Workforce Development division no later than February 1, 2014.� The commissioner of management and budget
shall release the conditional funds upon consultation with the Legislative
Advisory Commission, including the chairs and ranking minority members of the
house committee and senate division, to determine whether the conditions
required for the release of the funds have been met."
Page 6, after line 23, insert:�
"Of this appropriation, $37,525,000 in
fiscal year 2015 is conditional on the following:
(1) an increase of at least five percent in
the employment rate within six months following graduation for undergraduate
students graduating in 2013, compared to the same rate for undergraduate
students graduating in 2011; and
(2) an increase of at least
five percent in the four-year graduation rate for undergraduate students scheduled
to graduate in 2014, compared to the same rate for undergraduate students
graduating in 2011.
A report detailing the steps taken to achieve these rates, and the actual outcomes, shall be submitted to the chairs and ranking minority members of the house Higher Education Finance and Policy Committee and the senate Higher Education and Workforce Development division no later than February 1, 2014.� The commissioner of management and budget shall release the conditional funds upon consultation with the Legislative Advisory Commission, including the chairs and ranking minority members of the house committee and senate division, to determine whether the conditions required for the release of the funds have been met."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Swedzinski
amendment and the roll was called.� There
were 59 yeas and 71 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail and the
amendment was not adopted.
���������� S. F. No. 1236, A bill for an act relating
to higher education; providing funding for the University of Minnesota,
Minnesota State Colleges and Universities, the Minnesota Office of Higher
Education, and for other higher education purposes; regulating the state grant
program; limiting certain tuition increases; regulating bonus payments;
eliminating state regulation of certain online instruction; providing for local
bank deposit of certain MnSCU reserves; requiring the development of strategies
to assist in the completion of post-secondary programs; requiring an assessment
of the feasibility of a state program to refinance student debt; creating a
pilot program for intensive mentoring, counseling, and job placement activities
for certain students; requiring an evaluation of which performance standards
should be used to evaluate institutional eligibility for state student
financial aid programs; requiring the University of Minnesota to develop a plan
to reduce administrative costs; requiring a higher education mental health
summit; creating a tribal college supplemental grant assistance program;
recognizing veteran's experience and training for various higher education
purposes; providing a pilot program for state grant aid to part-time students
at MnSCU institutions; appropriating money; amending Minnesota Statutes 2012,
sections 13.47, subdivision 3; 127A.70, subdivision 2; 135A.61; 136A.031,
subdivision 2; 136A.101, subdivisions 3, 5a, 9; 136A.121, subdivision 5, by
adding a subdivision; 136A.125, subdivisions 2, 4; 136A.233, subdivision 2;
136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions 4, 8;
136A.653, by adding a subdivision; 136F.40, subdivision 2; 137.027; 141.25,
subdivision 7; 141.35; 197.775, subdivisions 1, 2, by adding a subdivision;
268.19, subdivision 1; 299A.45, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 135A; 136A; 136F; 137; repealing Minnesota
Statutes 2012, section 136A.121, subdivision 9b.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 86 yeas and 44 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kiel
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Cornish
Daudt
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Torkelson
Urdahl
Wills
Woodard
Zellers
Zerwas
����� The bill was passed, as amended, and its
title agreed to.
���������� The Speaker called Hortman to the Chair.
����� S. F. No. 745 was reported
to the House.
����� Simon moved to amend
S. F. No. 745, the second engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 695, the
first engrossment:
"Section 1.� [13.356] PERSONAL CONTACT AND ONLINE
ACCOUNT INFORMATION.
Except where disclosure is specifically authorized by law,
and notwithstanding section 13.04, subdivision 2, the following data on an
individual collected, maintained, or received by a government entity for
notification or informational purposes of a general nature as requested by the
individual are private data on individuals:
(1) telephone number;
(2) e-mail address; and
(3) Internet user name, password, Internet protocol address,
and any other similar data related to the individual's online account or access
procedures.
EFFECTIVE DATE.� This section is effective the day following final enactment
and applies to data collected, maintained, or received before, on, or after
that date.
Sec. 2.� Minnesota
Statutes 2012, section 13.37, subdivision 1, is amended to read:
Subdivision 1.� Definitions.� As used in this section, the following
terms have the meanings given them.
(a) "Security information" means government data
the disclosure of which the responsible authority determines would be likely to
substantially jeopardize the security of information, possessions, individuals
or property against theft, tampering, improper use, attempted escape, illegal
disclosure, trespass, or physical injury.�
"Security information" includes crime prevention block maps
and lists of volunteers who participate in community crime prevention programs
and their home and mailing addresses and, telephone
numbers, e-mail addresses, Internet communication
services accounts information or similar accounts information, and global
positioning system locations.
(b) "Trade secret information" means government
data, including a formula, pattern, compilation, program, device, method,
technique or process (1) that was supplied by the affected individual or
organization, (2) that is the subject of efforts by the individual or
organization that are reasonable under the circumstances to maintain its
secrecy, and (3) that derives independent economic value, actual or potential,
from not being generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value from its
disclosure or use.
(c) "Labor relations information" means management
positions on economic and noneconomic items that have not been presented during
the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management
position.
(d) "Parking space leasing
data" means the following government data on an applicant for, or lessee
of, a parking space:� residence address,
home telephone number, beginning and ending work hours, place of employment,
work telephone number, and location of the parking space.
Sec. 3.� Minnesota
Statutes 2012, section 13.386, subdivision 3, is amended to read:
Subd. 3.� Collection, storage, use, and dissemination
of genetic information.� (a)
Unless otherwise expressly provided by law, genetic information about an
individual:
(1) may be collected by a government entity, as defined in
section 13.02, subdivision 7a, or any other person only with the written
informed consent of the individual;
(2) may be used only for purposes to which the individual
has given written informed consent;
(3) may be stored only for a period of time to which the
individual has given written informed consent; and
(4) may be disseminated only:
(i) with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described
by clause (2).� A consent to disseminate
genetic information under item (i) must be signed and dated.� Unless otherwise provided by law, such a
consent is valid for one year or for a lesser period specified in the consent.
(b) Newborn screening activities conducted under sections
144.125 to 144.128 are subject to paragraph (a).� Other programs and activities governed under
section 144.192 are not subject to paragraph (a).
EFFECTIVE DATE.� This section is effective July 1, 2013.
Sec. 4.� Minnesota
Statutes 2012, section 13.43, subdivision 2, is amended to read:
Subd. 2.� Public data.� (a) Except for employees described in
subdivision 5 and subject to the limitations described in subdivision 5a, the
following personnel data on current and former employees, volunteers, and
independent contractors of a government entity is public:
(1) name; employee identification number, which must not be
the employee's Social Security number; actual gross salary; salary range; terms
and conditions of employment relationship; contract fees; actual gross pension;
the value and nature of employer paid fringe benefits; and the basis for and
the amount of any added remuneration, including expense reimbursement, in
addition to salary;
(2) job title and bargaining unit; job
description; education and training background; and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges
against the employee, regardless of whether the complaint or charge resulted in
a disciplinary action;
(5) the final disposition of any disciplinary action
together with the specific reasons for the action and data documenting the
basis of the action, excluding data that would identify confidential sources
who are employees of the public body;
(6) the complete terms of any
agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section
123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement
if it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number;
work-related continuing education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are
only used to account for employee's work time for payroll purposes, except to
the extent that release of time sheet data would reveal the employee's reasons
for the use of sick or other medical leave or other not public data.
(b) For purposes of this subdivision, a final disposition
occurs when the government entity makes its final decision about the disciplinary
action, regardless of the possibility of any later proceedings or court
proceedings.� Final disposition includes
a resignation by an individual when the resignation occurs after the final
decision of the government entity, or arbitrator.� In the case of arbitration proceedings
arising under collective bargaining agreements, a final disposition occurs at
the conclusion of the arbitration proceedings, or upon the failure of the
employee to elect arbitration within the time provided by the collective bargaining
agreement.� A disciplinary action does
not become public data if an arbitrator sustains a grievance and reverses all
aspects of any disciplinary action.
(c) The government entity may display a photograph of a
current or former employee to a prospective witness as part of the government
entity's investigation of any complaint or charge against the employee.
(d) A complainant has access to a statement provided by the
complainant to a government entity in connection with a complaint or charge
against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject
to paragraph (f), upon completion of an investigation of a complaint or charge
against a public official, or if a public official resigns or is terminated
from employment while the complaint or charge is pending, all data relating to
the complaint or charge are public, unless access to the data would jeopardize
an active investigation or reveal confidential sources.� For purposes of this paragraph, "public
official" means:
(1) the head of a state agency and deputy and assistant
state agency heads;
(2) members of boards or commissions
required by law to be appointed by the governor or other elective officers;
(3) executive or administrative heads
of departments, bureaus, divisions, or institutions within state government;
and
(4) the following employees:
(i) the chief administrative officer, or the individual
acting in an equivalent position, in all political subdivisions;
(ii) individuals required to be identified by a political
subdivision pursuant to section 471.701;
(iii) in a city with a population of more than 7,500 or a
county with a population of more than 5,000, individuals in a management
capacity reporting directly to the chief administrative officer or the
individual acting in an equivalent position:� managers; chiefs; heads or directors of
departments, divisions, bureaus, or boards; and any equivalent position;
and
(iv) in a school district,:� business managers,; human resource
directors, and; athletic directors; chief financial officers;
directors; individuals defined as superintendents, and
principals, and directors under Minnesota Rules, part 3512.0100; and in
a charter school, individuals employed in comparable positions.
(f) Data relating to a
complaint or charge against an employee identified under paragraph (e), clause
(4), are public only if:
(1) the complaint or charge results in disciplinary action
or the employee resigns or is terminated from employment while the complaint or
charge is pending; or
(2) potential legal claims arising out of the conduct that
is the subject of the complaint or charge are released as part of a settlement
agreement with another person.
This paragraph and paragraph (e) do not authorize the
release of data that are made not public under other law.
EFFECTIVE DATE.� This section is effective the day following final enactment.
Sec. 5.� Minnesota
Statutes 2012, section 13.64, subdivision 2, is amended to read:
Subd. 2.� Department of Administration.� (a) Security features of building
plans, building specifications, and building drawings of state-owned facilities
and non-state-owned facilities leased by the state are classified as nonpublic
data when maintained by the Department of Administration and may be shared with
anyone as needed to perform duties of the commissioner.
(b) Data maintained by the Department of Administration that
identifies an individual with a disability or a family member of an individual
with a disability related to services funded by the federal Assistive
Technology Act, United States Code, title 29, section 3002, for assistive
technology device demonstrations, transition training, loans, reuse, or
alternative financing are private data.
Sec. 6.� Minnesota
Statutes 2012, section 13.72, subdivision 10, is amended to read:
Subd. 10.� Transportation service data.� Personal, medical, financial, familial,
or locational information data pertaining to applicants for or users of
services providing transportation for the disabled or elderly, with the
exception of the name of the applicant or user of the service, are private.
EFFECTIVE DATE.� This section is effective the day following final enactment.
Sec. 7.� Minnesota
Statutes 2012, section 13.72, is amended by adding a subdivision to read:
Subd. 18.� Mileage-based user fees.� (a)
The following data pertaining to participation in the Minnesota road use test,
as required by Laws 2007, chapter 143, article 1, section 3, subdivision 3,
paragraph (a), clause (1), are classified as nonpublic or private data:
(1) names of participants, participants' contact
information, and data contained in applications for participation in the
Minnesota road use test;
(2) applications for the purchase, lease, or rental of the
GPS navigation device;
(3) participants' vehicle identification data;
(4) financial and credit data; and
(5) participants' road usage data.
(b) Nothing in this section
prohibits the production of summary data, as defined in section 13.02,
subdivision 19, as it pertains to types of vehicles used and road usage data,
as long as the participants' identities or any other characteristic that could
uniquely identify participants are not ascertainable.
(c) Notwithstanding section 13.03, subdivision 6, the
Department of Transportation shall only produce the data made not public under
this subdivision to federal, state, and local law enforcement authorities
acting pursuant to a valid probable cause search warrant.
Sec. 8.� Minnesota
Statutes 2012, section 13.72, is amended by adding a subdivision to read:
Subd. 19.� Construction manager/general contractor data.� (a) When the Department of
Transportation undertakes a construction manager/general contractor contract,
as defined and authorized in sections 161.3207 to 161.3209, the provisions of
this subdivision apply.
(b) When the commissioner of transportation solicits a
request for qualifications:
(1) the following data are classified as protected
nonpublic:
(i) the statement of qualifications scoring evaluation
manual; and
(ii) the statement of qualifications evaluations;
(2) the statement of qualifications submitted by a potential
construction manager/general contractor is classified as nonpublic data; and
(3) identifying information concerning
the members of the Technical Review Committee is classified as private data.
(c) When the commissioner of transportation announces the
short list of qualified construction managers/general contractors, the
following data become public:
(1) the statement of qualifications scoring evaluation
manual; and
(2) the statement of qualifications evaluations.
(d) When the commissioner of transportation solicits a
request for proposals:
(1) the proposal scoring manual is classified as protected
nonpublic data; and
(2) the following data are classified as nonpublic data:
(i) the proposals submitted by a potential construction
manager/general contractor; and
(ii) the proposal evaluations.
(e) When the commissioner of transportation has completed
the ranking of proposals and announces the selected construction
manager/general contractor, the proposal evaluation score or rank and proposal
evaluations become public data.
(f) When the commissioner of transportation conducts
contract negotiations with a construction manager/general contractor,
government data created, collected, stored, and maintained during those
negotiations are nonpublic data until a construction manager/general contractor
contract is fully executed.
(g) When the construction
manager/general contractor contract is fully executed or when the commissioner
of transportation decides to use another contract procurement process, other
than the construction manager/general contractor authority, authorized under
section 161.3209, subdivision 3, paragraph (b), all remaining data not already
made public under this subdivision become public.
(h) If the commissioner of transportation rejects all
responses to a request for proposals before a construction manager/general
contractor contract is fully executed, all data, other than that data made
public under this subdivision, retains its classification until a
resolicitation of the request for proposals results in a fully executed
construction manager/general contractor contract or a determination is made to
abandon the project.� If a resolicitation
of proposals does not occur within one year of the announcement of the request
for proposals, the remaining data become public.
Sec. 9.� Minnesota
Statutes 2012, section 13.72, is amended by adding a subdivision to read:
Subd. 20.� Transit customer data.� (a)
Data on applicants, users, and customers of public transit collected by or
through the Metropolitan Council's personalized Web services or the regional
fare collection system are private data on individuals.� As used in this subdivision, the following
terms have the meanings given them:
(1) "regional fare collection system" means the
fare collection system created and administered by the council that is used for
collecting fares or providing fare cards or passes for transit services, which
include:
(i) regular route bus service within the metropolitan area
and paratransit service, whether provided by the council or by other providers
of regional transit service;
(ii) light rail transit service within the metropolitan
area;
(iii) rideshare programs administered by the council;
(iv) special transportation services provided under section
473.386; and
(v) commuter rail service;
(2) "personalized Web services" means services for
which transit service applicants, users, and customers must establish a user
account; and
(3) "metropolitan area" means the area defined in
section 473.121, subdivision 2.
(b) The Metropolitan Council may disseminate data on user
and customer transaction history and fare card use to government entities,
organizations, school districts, educational institutions, and employers that
subsidize or provide fare cards to their clients, students, or employees.� "Data on user and customer transaction
history and fare card use" includes only:
(1) the date a fare card was used;
(2) the time a fare card was used;
(3) the mode of travel;
(4) the type of fare product used; and
(5) information about the date, time, and type of fare
product purchased.
Government entities,
organizations, school districts, educational institutions, and employers may
use customer transaction history and fare card use data only for the purposes
of measuring and promoting fare card use and for evaluating the cost
effectiveness of their fare card programs.�
If a user or customer requests in writing that the council limit the
disclosure of transaction history and fare card use, the council may disclose
only the card balance and the date a card was last used.
(c) The Metropolitan Council may disseminate transit service
applicant, user, and customer data:
(1) to another government entity to prevent unlawful
intrusion into government electronic systems;
(2) to its Metropolitan Transit Police and other law
enforcement agencies conducting investigations; or
(3) as otherwise provided by law.
EFFECTIVE DATE.� This section is effective the day following final enactment.
Sec. 10.� [144.192] TREATMENT OF BIOLOGICAL
SPECIMENS AND HEALTH DATA HELD BY THE DEPARTMENT OF HEALTH AND HEALTH BOARDS.
Subdivision 1.� Definitions.� (a)
For purposes of this section, the following terms have the meanings given.
(b) "Biological specimen" means tissue, fluids,
excretions, or secretions that contain human DNA originating from an
identifiable individual, either living or deceased.� Biological specimen does not include
infectious agents or chemicals that are isolated from a specimen.� Nothing in this section or section 13.386 is
intended to limit the commissioner's ability to collect, use, store, or
disseminate such isolated infectious agents or chemicals.
(c) "Health data" has the meaning given in section
13.3805, subdivision 1, paragraph (a), clause (2).
(d) "Health oversight" means oversight of the
health care system for activities authorized by law, limited to the following:
(1) audits;
(2) civil, administrative, or criminal investigations;
(3) inspections;
(4) licensure or disciplinary actions;
(5) civil, administrative, or criminal proceedings or
actions; and
(6) other activities necessary for appropriate oversight of
the health care system and persons subject to such governmental regulatory
programs for which biological specimens or health data are necessary for
determining compliance with program standards.
(e) "Individual" has the meaning given in section
13.02, subdivision 8.� In addition, for a
deceased individual, individual also means the representative of the decedent.
(f) "Person" has the meaning given in section
13.02, subdivision 10.
(g) "Program
operations" means actions, testing, and procedures directly related to the
operation of department programs, limited to the following:
(1) diagnostic and confirmatory testing;
(2) laboratory quality control assurance and improvement;
(3) calibration of equipment;
(4) evaluation and improvement of test accuracy;
(5) method development and validation;
(6) compliance with regulatory requirements; and
(7) continuity of operations to ensure that testing
continues in the event of an emergency.
(h) "Public health practice" means actions related
to disease, conditions, injuries, risk factors, or exposures taken to protect
public health, limited to the following:
(1) monitoring the health status of a population;
(2) investigating occurrences and outbreaks;
(3) comparing patterns and trends;
(4) implementing prevention and control measures;
(5) conducting program evaluations and making program
improvements;
(6) making recommendations concerning health for a
population;
(7) preventing or controlling known or suspected diseases
and injuries; and
(8) conducting other activities necessary to protect or
improve the health of individuals and populations for which biological
specimens or health data are necessary.
(i) "Representative of the decedent" has the
meaning given in section 13.10, subdivision 1, paragraph (c).
(j) "Research" means activities that are not
program operations, public health practice, or health oversight, and is
otherwise defined in Code of Federal Regulations, title 45, part 46, subpart A,
section 46.102(d).
Subd. 2.� Collection, use, storage, and dissemination.� (a) The commissioner may collect, use,
store, and disseminate biological specimens and health data, genetic or other,
as provided in this section and as authorized under any other provision of
applicable law, including any rules adopted on or before June 30, 2013.� Any rules adopted after June 30, 2013, must
be consistent with the requirements of this section.
(b) The provisions in this section supplement other
provisions of law and do not supersede or repeal other provisions of law
applying to the collection, use, storage, or dissemination of biological
specimens or health data.
(c) For purposes of this section, genetic information is
limited to biological specimens and health data.
Subd. 3.
(b) With the approval of the commissioner, biological
specimens may be disseminated to establish a diagnosis, to provide treatment,
to identify persons at risk of illness, to conduct an epidemiologic
investigation to control or prevent the spread of serious disease, or to
diminish an imminent threat to the public health.
(c) For purposes of Clinical Laboratory Improvement
Amendments proficiency testing, the commissioner may disseminate de-identified
biological specimens to state public health laboratories that agree, pursuant
to contract, not to attempt to re-identify the biological specimens.
(d) Health data may be disseminated as provided in section
13.3805, subdivision 1, paragraph (b).
Subd. 4.� Research.� The
commissioner may collect, use, store, and disseminate biological specimens and
health data to conduct research in a manner that is consistent with the federal
common rule for the protection of human subjects in Code of Federal
Regulations, title 45, part 46.
Subd. 5.� Storage of biological specimens and health data according to storage
schedules.� (a) The
commissioner shall store health data according to section 138.17.
(b) The commissioner shall store biological specimens
according to a specimen storage schedule.�
The commissioner shall develop the storage schedule by July 1, 2013, and
post it on the department's Web site.
Subd. 6.� Secure storage of biological specimens.� The commissioner shall establish
appropriate security safeguards for the storage of biological specimens, with
regard for the privacy of the individuals from whom the biological specimens
originated, and store the biological specimens accordingly.� When a biological specimen is disposed of, it must be destroyed in a way that
prevents determining the identity of the individual from whom it originated.
Subd. 7.� Applicability
to health boards.� The
provisions of subdivisions 2; 3, paragraphs (a), (c), and (d); and 4 to 6
pertaining to the commissioner also apply to boards of health and community
health boards organized under chapter 145A.�
These boards may also disseminate health data pursuant to section
13.3805, subdivision 1, paragraph (b), clause (2).
EFFECTIVE DATE.� This section is effective July 1, 2013.
Sec. 11.� Minnesota
Statutes 2012, section 144.966, subdivision 2, is amended to read:
Subd. 2.� Newborn Hearing Screening Advisory
Committee.� (a) The commissioner of
health shall establish a Newborn Hearing Screening Advisory Committee to advise
and assist the Department of Health and the Department of Education in:
(1) developing protocols and timelines for screening,
rescreening, and diagnostic audiological assessment and early medical,
audiological, and educational intervention services for children who are deaf
or hard-of-hearing;
(2) designing protocols for tracking children from birth
through age three that may have passed newborn screening but are at risk for
delayed or late onset of permanent hearing loss;
(3) designing a technical assistance program to support
facilities implementing the screening program and facilities conducting
rescreening and diagnostic audiological assessment;
(4) designing implementation
and evaluation of a system of follow-up and tracking; and
(5) evaluating program outcomes to increase effectiveness
and efficiency and ensure culturally appropriate services for children with a
confirmed hearing loss and their families.
(b) The commissioner of health shall appoint at least one
member from each of the following groups with no less than two of the members
being deaf or hard-of-hearing:
(1) a representative from a consumer organization
representing culturally deaf persons;
(2) a parent with a child with hearing loss representing a
parent organization;
(3) a consumer from an organization representing oral
communication options;
(4) a consumer from an organization representing cued speech
communication options;
(5) an audiologist who has experience in evaluation and
intervention of infants and young children;
(6) a speech-language pathologist who
has experience in evaluation and intervention of infants and young children;
(7) two primary care providers who have experience in the
care of infants and young children, one of which shall be a pediatrician;
(8) a representative from the early hearing detection
intervention teams;
(9) a representative from the Department of Education
resource center for the deaf and hard-of-hearing or the representative's
designee;
(10) a representative of the Commission of Deaf, DeafBlind
and Hard-of-Hearing Minnesotans;
(11) a representative from the Department of Human Services
Deaf and Hard-of-Hearing Services Division;
(12) one or more of the Part C coordinators from the
Department of Education, the Department of Health, or the Department of Human
Services or the department's designees;
(13) the Department of Health early hearing detection and
intervention coordinators;
(14) two birth hospital representatives from one rural and
one urban hospital;
(15) a pediatric geneticist;
(16) an otolaryngologist;
(17) a representative from the Newborn Screening Advisory
Committee under this subdivision; and
(18) a representative of the Department of Education
regional low-incidence facilitators.
The
commissioner must complete the appointments required under this subdivision by
September 1, 2007.
(c) The Department of Health member shall chair the first
meeting of the committee.� At the first
meeting, the committee shall elect a chair from its membership.� The committee shall meet at the call of the
chair, at least four times a year.� The
committee shall adopt written bylaws to govern its activities.� The Department of Health shall provide technical and
administrative support services as required by the committee.� These services shall include technical
support from individuals qualified to administer infant hearing screening,
rescreening, and diagnostic audiological assessments.
Members of the committee shall receive no compensation for their
service, but shall be reimbursed as provided in section 15.059 for expenses
incurred as a result of their duties as members of the committee.
(d) This subdivision expires June 30, 2013 2019.
Sec. 12.� Minnesota
Statutes 2012, section 144.966, subdivision 3, is amended to read:
Subd. 3.� Early hearing detection and intervention
programs.� All hospitals shall
establish an early hearing detection and intervention (EHDI) program.� Each EHDI program shall:
(1) in advance of any hearing screening testing, provide to
the newborn's or infant's parents or parent information concerning the nature
of the screening procedure, applicable costs of the screening procedure, the
potential risks and effects of hearing loss, and the benefits of early detection
and intervention;
(2) comply with parental consent under section 144.125,
subdivision 3 4;
(3) develop policies and procedures for screening and
rescreening based on Department of Health recommendations;
(4) provide appropriate training and monitoring of
individuals responsible for performing hearing screening tests as recommended
by the Department of Health;
(5) test the newborn's hearing prior to discharge, or, if
the newborn is expected to remain in the hospital for a prolonged period,
testing shall be performed prior to three months of age or when medically
feasible;
(6) develop and implement procedures for documenting the
results of all hearing screening tests;
(7) inform the newborn's or infant's parents or parent,
primary care physician, and the Department of Health according to
recommendations of the Department of Health of the results of the hearing
screening test or rescreening if conducted, or if the newborn or infant was not
successfully tested.� The hospital that
discharges the newborn or infant to home is responsible for the screening; and
(8) collect performance data specified by the Department of
Health.
EFFECTIVE DATE.� This section is effective July 1, 2013.
Sec. 13.� Minnesota
Statutes 2012, section 144.966, is amended by adding a subdivision to read:
Subd. 8.� Construction.� Notwithstanding
anything to the contrary, nothing in this section shall be construed as
constituting newborn screening activities conducted under sections 144.125 to
144.128.
EFFECTIVE DATE.� This section is effective July 1, 2013.
Sec. 14.� Minnesota
Statutes 2012, section 144.966, is amended by adding a subdivision to read:
Subd. 9.� Data collected.� Data
collected by or submitted to the Department of Health pursuant to this section
are not subject to section 144.125, subdivisions 6 to 9.
Sec. 15.� Minnesota Statutes 2012, section 171.07,
subdivision 1a, is amended to read:
Subd. 1a.� Filing photograph or image; data
classification.� The department shall
file, or contract to file, all photographs or electronically produced images
obtained in the process of issuing drivers' licenses or Minnesota
identification cards.� The photographs or
electronically produced images shall be private data pursuant to section 13.02,
subdivision 12.� Notwithstanding section
13.04, subdivision 3, the department shall not be required to provide copies of
photographs or electronically produced images to data subjects.� The use of the files is restricted:
(1) to the issuance and control of drivers' licenses;
(2) to criminal justice agencies, as defined in section
299C.46, subdivision 2, for the investigation and prosecution of crimes,
service of process, enforcement of no contact orders, location of missing
persons, investigation and preparation of cases for criminal, juvenile, and
traffic court, and supervision of offenders;
(3) to public defenders, as defined in section 611.272, for
the investigation and preparation of cases for criminal, juvenile, and traffic
courts; and
(4) to child support enforcement purposes under section
256.978.; and
(5) to a county medical examiner or coroner as required by
section 390.005 as necessary to fulfill the duties under sections 390.11 and
390.25.
Sec. 16.� Minnesota
Statutes 2012, section 268.19, subdivision 1, is amended to read:
Subdivision 1.� Use of data.� (a) Except as provided by this section,
data gathered from any person under the administration of the Minnesota
Unemployment Insurance Law are private data on individuals or nonpublic data
not on individuals as defined in section 13.02, subdivisions 9 and 12, and may
not be disclosed except according to a district court order or section 13.05.� A subpoena is not considered a district court
order.� These data may be disseminated to
and used by the following agencies without the consent of the subject of the
data:
(1) state and federal agencies specifically authorized
access to the data by state or federal law;
(2) any agency of any other state or any federal agency
charged with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system
of public employment offices for the purpose of assisting individuals in
obtaining employment;
(4) the public authority responsible
for child support in Minnesota or any other state in accordance with section
256.978;
(5) human rights agencies within Minnesota that have
enforcement powers;
(6) the Department of Revenue to the extent necessary for
its duties under Minnesota laws;
(7) public and private agencies responsible for
administering publicly financed assistance programs for the purpose of
monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Division of
Insurance Fraud Prevention in the Department of Commerce for uses consistent
with the administration of their duties under Minnesota law;
(9) local and state welfare
agencies for monitoring the eligibility of the data subject for assistance
programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in
conjunction with the department or to monitor and evaluate the statewide
Minnesota family investment program by providing data on recipients and former
recipients of food stamps or food support, cash assistance under chapter 256,
256D, 256J, or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L;
(10) local and state welfare agencies for the purpose of
identifying employment, wages, and other information to assist in the
collection of an overpayment debt in an assistance program;
(11) local, state, and federal law enforcement agencies for
the purpose of ascertaining the last known address and employment location of
an individual who is the subject of a criminal investigation;
(12) the United States Immigration and Customs Enforcement
has access to data on specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(13) the Department of Health for the purposes of
epidemiologic investigations;
(14) the Department of Corrections for the purpose of case
planning for preprobation and postprobation employment tracking of offenders
sentenced to probation and preconfinement and postconfinement employment
tracking of committed offenders for the purpose of case planning; and
(15) the state auditor to the extent necessary to conduct
audits of job opportunity building zones as required under section 469.3201.
(b) Data on individuals and employers that are collected,
maintained, or used by the department in an investigation under section 268.182
are confidential as to data on individuals and protected nonpublic data not on
individuals as defined in section 13.02, subdivisions 3 and 13, and must not be
disclosed except under statute or district
court order or to a party named in a criminal proceeding, administrative or
judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of
the Minnesota unemployment insurance program must not be made the subject or
the basis for any suit in any civil proceedings, administrative or judicial,
unless the action is initiated by the department.
Sec. 17.� Minnesota
Statutes 2012, section 299C.11, subdivision 1, is amended to read:
Subdivision 1.� Identification data other than DNA.� (a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other
identification data as may be requested or required by the superintendent of
the bureau, which must be taken under the provisions of section 299C.10.� In addition, sheriffs and chiefs of police
shall furnish this identification data to the bureau for individuals found to
have been convicted of a felony, gross misdemeanor, or targeted misdemeanor,
within the ten years immediately preceding their arrest.� When the bureau learns that an individual who
is the subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of birth, other than
those listed on the criminal history, the bureau may add the new identifying
information to the criminal history when supported by fingerprints.
(b) No petition under chapter 609A is required if the person
has not been convicted of any felony or gross misdemeanor, either within or
without the state, within the period of ten years immediately preceding the
determination of all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed
prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where
these conditions are met, the bureau or agency shall, upon demand, return to
destroy the arrested person person's finger and thumb
prints, photographs, distinctive physical mark identification data, information
on known aliases and street names, and other identification data, and all
copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in favor of the
arrested person, and the granting of the petition of the arrested person under
chapter 609A, the bureau shall seal finger and thumb prints, photographs,
distinctive physical mark identification data, information on known aliases and
street names, and other identification data, and all copies and duplicates of
them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately
preceding such determination.
Sec. 18.� Minnesota
Statutes 2012, section 299C.46, subdivision 1, is amended to read:
Subdivision 1.� Establishment; interconnection.� The commissioner of public safety shall
establish a criminal justice data communications network which that
will enable the interconnection of the criminal justice agencies within the
state provide secure access to systems and services available from or
through the Bureau of Criminal Apprehension.� The commissioner of public safety is
authorized to lease or purchase facilities and equipment as may be necessary to
establish and maintain the data communications network.
Sec. 19.� Minnesota
Statutes 2012, section 299C.46, subdivision 2, is amended to read:
Subd. 2.� Criminal justice agency defined.� For the purposes of sections 299C.46 to
299C.49, "criminal justice agency" means an agency of the state or an
agency of a political subdivision or the federal government charged
with detection, enforcement, prosecution, adjudication or incarceration in
respect to the criminal or traffic laws of this state.� This definition also includes all sites
identified and licensed as a detention facility by the commissioner of
corrections under section 241.021 and those federal agencies that serve part
or all of the state from an office located outside the state.
Sec. 20.� Minnesota
Statutes 2012, section 299C.46, subdivision 2a, is amended to read:
Subd. 2a.� Noncriminal justice agency defined.� For the purposes of sections 299C.46 to
299C.49, "noncriminal justice agency" means an agency of a the
state or an agency of a political subdivision of a the
state charged with the responsibility of performing checks of state databases
connected to the criminal justice data communications network.
Sec. 21.� Minnesota
Statutes 2012, section 299C.46, subdivision 3, is amended to read:
Subd. 3.� Authorized
use, fee.� (a) The criminal justice
data communications network shall be used exclusively by:
(1) criminal justice agencies in connection with the
performance of duties required by law;
(2) agencies investigating federal security clearances of
individuals for assignment or retention in federal employment with duties
related to national security, as required by Public Law 99-169 United
States Code, title 5, section 9101;
(3) other agencies to the extent necessary to provide for
protection of the public or property in an a declared emergency
or disaster situation;
(4) noncriminal justice
agencies statutorily mandated, by state or national law, to conduct checks into
state databases prior to disbursing licenses or providing benefits;
(5) the public authority responsible
for child support enforcement in connection with the performance of its duties;
(6) the public defender, as provided in section 611.272; and
(7) a county attorney or the attorney general, as the county
attorney's designee, for the purpose of determining whether a petition for the
civil commitment of a proposed patient as a sexual psychopathic personality or
as a sexually dangerous person should be filed, and during the pendency of the
commitment proceedings.;
(8) an agency of the state or a political subdivision whose
access to systems or services provided from or through the Bureau of Criminal
Apprehension is specifically authorized by federal law or regulation or state
statute; and
(9) a court for access to data as authorized by federal law
or regulation or state statute and related to the disposition of a pending
case.
(b) The commissioner of public safety shall establish a
monthly network access charge to be paid by each participating criminal justice
agency.� The network access charge shall
be a standard fee established for each terminal, computer, or other equipment
directly addressable by the data communications network, as follows:� January 1, 1984 to December 31, 1984, $40
connect fee per month; January 1, 1985 and thereafter, $50 connect fee per
month.
(c) The commissioner of public safety
is authorized to arrange for the connection of the data communications network
with the criminal justice information system of the federal government, any adjacent
state, or Canada country for the secure exchange of information
for any of the purposes authorized in paragraph (a), clauses (1), (2), (3),
(8), and (9).
(d) Prior to establishing a secure connection, a criminal
justice agency must:
(1) agree to comply with all applicable policies governing
access to, submission of, or use of the data;
(2) meet the Bureau of Criminal Apprehension's security
requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and national background
checks on its employees and contractors as required by the Federal Bureau of
Investigation.
(e) Prior to establishing a secure connection, a noncriminal
justice agency must:
(1) agree to comply with all applicable policies governing
access to, submission of, or use of the data;
(2) meet the Bureau of Criminal Apprehension's security
requirements;
(3) agree to pay any required fees; and
(4) conduct fingerprint-based state and national background
checks on its employees and contractors.
(f) Those noncriminal justice agencies that do not have a
secure network connection yet receive data either retrieved over the secure
network by an authorized criminal justice agency or as a result of a state or
federal criminal history records check shall conduct a background check as
provided in paragraph (g) of those individuals who receive and review the data
to determine another individual's eligibility for employment, housing, a
license, or another legal right dependent on a statutorily-mandated background
check.
(g) The background check
required by paragraph (e) or (f) is accomplished by submitting a request to the
superintendent of the Bureau of Criminal Apprehension that includes a signed,
written consent for the Minnesota and national criminal history records check,
fingerprints, and the required fee.� The
superintendent may exchange the fingerprints with the Federal Bureau of
Investigation for purposes of obtaining the individual's national criminal
history record information.
The
superintendent shall return the results of the national criminal history
records check to the noncriminal justice agency to determine if the individual
is qualified to have access to state and federal criminal history record
information or the secure network.� An
individual is disqualified when the state and federal criminal history record
information shows any of the disqualifiers that the individual will apply to
the records of others.
When
the individual is to have access to the secure network, the noncriminal justice
agency will review the criminal history of each employee or contractor with the
Criminal Justice Information Services systems officer at the Bureau of Criminal
Apprehension, or the officer's designee, to determine if the employee or
contractor qualifies for access to the secure network.� The Criminal Justice Information Services
systems officer or the designee will make the access determination based on
Federal Bureau of Investigation policy and Bureau of Criminal Apprehension
policy.
Sec. 22.� [299C.72] MINNESOTA CRIMINAL HISTORY
CHECKS.
Subdivision 1.� Definitions.� For
purposes of this section, the following terms have the meanings given.
(a) "Applicant for employment" means an individual
who seeks either county or city employment or has applied to serve as a
volunteer in the county or city.
(b) "Applicant for licensure" means an individual
who seeks a license issued by the county or city which is not subject to a
federal or state-mandated background check.
(c) "Authorized law enforcement agency" means the
county sheriff for checks conducted for county purposes, the police department
for checks conducted for city purposes, or the county sheriff for checks
conducted for city purposes where there is no police department.
(d) "Criminal history check"
means retrieval of criminal history data via the secure network described in
section 299C.46.
(e) "Criminal history data" means adult
convictions and adult open arrests less than one year old found in the
Minnesota computerized criminal history repository.
(f) "Informed consent" has the meaning given in
section 13.05, subdivision 4, paragraph (d).
Subd. 2.� Criminal history check authorized.� (a) The criminal history check
authorized by this section cannot be used in place of a statutorily-mandated or
authorized background check.
(b) An authorized law enforcement agency may conduct a
criminal history check of an individual who is an applicant for employment or
applicant for licensure.� Prior to
conducting the criminal history check, the authorized law enforcement agency
must receive the informed consent of the individual.
(c) The authorized law enforcement agency cannot disseminate
criminal history data and must maintain the data securely with the agency's
office.� The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for
licensure has a criminal history that would prevent hire or acceptance as a
volunteer to a hiring authority, or would prevent the issuance of a license to
the department that issues the license.
Sec. 23.� Minnesota Statutes 2012, section 299F.035,
subdivision 1, is amended to read:
Subdivision 1.� Definitions.� (a) The definitions in this subdivision
apply to this section.
(b) "Minnesota criminal history data"
has the meaning given in section 13.87 means adult convictions and
juvenile adjudications.
(c) "Criminal justice agency" has the meaning
given in section 299C.46, subdivision 2.
(d)
"Fire department" has the meaning given in section 299N.01,
subdivision 2.
(e)
(d) "Private data" has the meaning given in section 13.02,
subdivision 12.
Sec. 24.� Minnesota
Statutes 2012, section 299F.035, subdivision 2, is amended to read:
Subd. 2.� Plan for access to data.� (a) The superintendent of the Bureau
of Criminal Apprehension, in consultation with the state fire marshal, shall
develop and implement a plan for fire departments to have access to criminal
history data A background check must be conducted on all applicants for
employment and may be conducted on current employees at a fire department.� The fire chief must conduct a Minnesota
criminal history record check.� For
applicants for employment who have lived in Minnesota for less than five years,
or on the request of the fire chief, a national criminal history record check
must also be conducted.
(b) The plan must include:
(1) security procedures to prevent unauthorized use or
disclosure of private data; and
(2) a procedure for the hiring or employing authority in
each fire department to fingerprint job applicants or employees, submit
requests to the Bureau of Criminal Apprehension, and obtain state and federal
criminal history data reports for a nominal fee.
(b) For a Minnesota criminal history record check, the fire
chief must either (i) submit the signed informed consent of the applicant or
employee and the required fee to the superintendent, or (ii) submit the signed
informed consent to the chief of police.�
The superintendent or chief must retrieve Minnesota criminal history data
and provide the data to the fire chief for review.
(c) For a national criminal history record check, the fire
chief must submit the signed informed consent and fingerprints of the applicant
or employee, and the required fee, to the superintendent.� The superintendent may exchange the
fingerprints with the Federal Bureau of Investigation to obtain the
individual's national criminal history record information.� The superintendent must return the results of
the national criminal history record check to the fire chief for the purpose of
determining if the applicant is qualified to be employed or if a current
employee is able to retain the employee's position.
Sec. 25.� Minnesota
Statutes 2012, section 299F.77, is amended to read:
299F.77 ISSUANCE
TO CERTAIN PERSONS PROHIBITED.
Subdivision 1.� Disqualifiers.� The following persons shall not be
entitled to receive an explosives license or permit:
(1) a person under the age of 18 years;
(2) a person who has been
convicted in this state or elsewhere of a crime of violence, as defined in
section 299F.72, subdivision 1b, unless ten years have elapsed since the
person's civil rights have been restored or the sentence has expired, whichever
occurs first, and during that time the person has not been convicted of any
other crime of violence.� For purposes of
this section, crime of violence includes crimes in other states or
jurisdictions that would have been crimes of violence if they had been
committed in this state;
(3) a person who is or has ever been confined or committed
in Minnesota or elsewhere as a person who is mentally ill, developmentally
disabled, or mentally ill and dangerous to the public, as defined in section
253B.02, to a treatment facility, unless the person possesses a certificate of
a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory
proof, that the person is no longer suffering from this disability;
(4) a person who has been convicted in Minnesota or
elsewhere for the unlawful use, possession, or sale of a controlled substance
other than conviction for possession of a small amount of marijuana, as defined
in section 152.01, subdivision 16, or who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled substance or
marijuana, as defined in sections 152.01 and 152.02, unless the person
possesses a certificate of a medical doctor or psychiatrist licensed in
Minnesota, or other satisfactory proof, that the person has not abused a
controlled substance or marijuana during the previous two years; and
(5) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as chemically dependent, as
defined in section 253B.02, unless the person has completed treatment.
Subd. 2.� Background check.� (a)
For licenses issued by the commissioner under section 299F.73, the applicant
for licensure must provide the commissioner with all of the information
required by Code of Federal Regulations, title 28, section 25.7.� The commissioner will forward the information
to the superintendent of the Bureau of Criminal Apprehension so that criminal
records, histories, and warrant information on the applicant can be retrieved
from the Minnesota Crime Information System and the National Instant Criminal
Background Check System, as well as the civil commitment records maintained by
the Department of Human Services.� The
results must be returned to the commissioner to determine if the individual
applicant is qualified to receive a license.
(b) For permits issued by a county sheriff or chief of
police under section 299F.75, the applicant for a permit must provide the
county sheriff or chief of police with all of the information required by Code
of Federal Regulations, title 28, section 25.7.�
The county sheriff or chief of police must check, by means of electronic
data transfer, criminal records, histories, and warrant information on each
applicant through the Minnesota Crime Information System and the National
Instant Criminal Background Check System, as well as the civil commitment
records maintained by the Department of Human Services.� The county sheriff or police chief shall use
the results of the query to determine if the individual applicant is qualified
to receive a permit.
Sec. 26.� Minnesota
Statutes 2012, section 340A.301, subdivision 2, is amended to read:
Subd. 2.� Persons eligible.� (a) Licenses under this section
may be issued only to a person who:
(1) is of good moral character and repute;
(2) is 21 years of age or older;
(3) has not had a license issued under this chapter revoked
within five years of the date of license application, or to any person who at
the time of the violation owns any interest, whether as a holder of more than
five percent of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon, or to a
corporation, partnership, association, enterprise, business, or firm in which
any such person is in any manner interested; and
(4) has not been convicted
within five years of the date of license application of a felony, or of a
willful violation of a federal or state law, or local ordinance governing the
manufacture, sale, distribution, or possession for sale or distribution of
alcoholic beverages.� The Alcohol and
Gambling Enforcement Division may require that fingerprints be taken and may forward the fingerprints to the
Federal Bureau of Investigation for purposes of a criminal history check.
(b) In order to determine if an individual has a felony or
willful violation of federal or state law governing the manufacture, sale,
distribution, or possession for sale or distribution of an alcoholic beverage,
the applicant for a license to manufacture or sell at wholesale must provide
the commissioner with the applicant's signed, written informed consent to
conduct a background check.� The
commissioner may query the Minnesota criminal history repository for records on
the applicant.� If the commissioner
conducts a national criminal history record check, the commissioner must obtain
fingerprints from the applicant and forward them and the required fee to the
superintendent of the Bureau of Criminal Apprehension.� The superintendent may exchange the
fingerprints with the Federal Bureau of Investigation for purposes of obtaining
the applicant's national criminal history record information.� The superintendent shall return the results
of the national criminal history records check to the commissioner for the
purpose of determining if the applicant is qualified to receive a license.
Sec. 27.� Minnesota
Statutes 2012, section 340A.402, is amended to read:
340A.402 PERSONS
ELIGIBLE.
Subdivision 1.� Disqualifiers.� No
retail license may be issued to:
(1) a person under 21 years of age;
(2) a person who has had an intoxicating liquor or 3.2
percent malt liquor license revoked within five years of the license
application, or to any person who at the time of the violation owns any
interest, whether as a holder of more than five percent of the capital stock of
a corporation licensee, as a partner or otherwise, in the premises or in the
business conducted thereon, or to a corporation, partnership, association,
enterprise, business, or firm in which any such person is in any manner
interested;
(3) a person not of good moral character and repute; or
(4) a person who has a direct or indirect interest in a
manufacturer, brewer, or wholesaler.
In addition, no new retail license may be issued to, and the
governing body of a municipality may refuse to renew the license of, a person
who, within five years of the license application, has been convicted of a
felony or a willful violation of a federal or state law or local ordinance
governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage.� The
Alcohol and Gambling Enforcement Division or licensing authority may require
that fingerprints be taken and forwarded to the Federal Bureau of Investigation
for purposes of a criminal history check.
Subd. 2.� Background check.� (a)
A retail liquor license may be issued by a city, a county, or the commissioner.� The chief of police is responsible for the
background checks prior to a city issuing a retail liquor license.� A county sheriff is responsible for the
background checks prior to the county issuing a retail liquor license and for
those cities that do not have a police department.� The commissioner is responsible for the
background checks prior to the state issuing a retail liquor license.
(b) The applicant for a retail license must provide the
appropriate authority with the applicant's signed, written informed consent to
conduct a background check.� The
appropriate authority is authorized to query the Minnesota criminal history
repository for records on the applicant. �If the appropriate authority conducts a
national criminal history records check, the
appropriate authority must obtain fingerprints from the applicant and forward
the fingerprints and the required fee to the superintendent of the Bureau of
Criminal Apprehension.� The
superintendent may exchange the fingerprints with the Federal Bureau of
Investigation for purposes of obtaining the applicant's national criminal
history record information.� The
superintendent shall return the results of the national criminal history
records check to the appropriate authority for the purpose of determining if
the applicant is qualified to receive a license.
Sec. 28.� Minnesota
Statutes 2012, section 611A.203, subdivision 4, is amended to read:
Subd. 4.� Duties; access to data.� (a) The domestic fatality review team
shall collect, review, and analyze death certificates and death data, including
investigative reports, medical and counseling records, victim service records,
employment records, child abuse reports, or other information concerning
domestic violence deaths, survivor interviews and surveys, and other
information deemed by the team as necessary and appropriate concerning the
causes and manner of domestic violence deaths.
(b) The review team has access to the following not public
data, as defined in section 13.02, subdivision 8a, relating to a case being
reviewed by the team:� inactive law
enforcement investigative data under section 13.82; autopsy records and coroner
or medical examiner investigative data under section 13.83; hospital, public
health, or other medical records of the victim under section 13.384; records
under section 13.46, created by social service agencies that provided services
to the victim, the alleged perpetrator, or another victim who experienced or
was threatened with domestic abuse by the perpetrator; and child maltreatment
records under section 626.556, relating to the victim or a family or household
member of the victim.� Access to medical
records under this paragraph also includes records governed by sections 144.291
to 144.298.� The review team has
access to corrections and detention data as provided in section 13.85.
(c) As part of any review, the domestic fatality review team
may compel the production of other records by applying to the district court
for a subpoena, which will be effective throughout the state according to the
Rules of Civil Procedure.
EFFECTIVE DATE.� This section is effective the day following final enactment.
Sec. 29.� REPEALER.
Minnesota Statutes 2012, section 299A.28, is repealed."
����� Delete
the title and insert:
"A bill for an act relating to state government;
classifying or modifying certain provisions concerning data practices;
requiring informed consent; amending definitions; allowing disclosure of certain
data; allowing access to certain records; making technical changes; modifying
certain provisions regarding transportation and health data; modifying certain
provisions regarding criminal history records, criminal background checks, and
other criminal justice data provisions; extending for six years the sunset
provision for the newborn screening advisory committee; repealing the McGruff
safe house program; amending Minnesota Statutes 2012, sections 13.37,
subdivision 1; 13.386, subdivision 3; 13.43, subdivision 2; 13.64, subdivision
2; 13.72, subdivision 10, by adding subdivisions; 144.966, subdivisions 2, 3,
by adding subdivisions; 171.07, subdivision 1a; 268.19, subdivision 1; 299C.11,
subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2;
299F.77; 340A.301, subdivision 2; 340A.402; 611A.203, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapters 13; 144; 299C; repealing
Minnesota Statutes 2012, section 299A.28."
����� The
motion prevailed and the amendment was adopted.
Scott moved to amend S. F. No. 745, the second engrossment, as amended, as follows:
Page 11, after line 29, insert:
"Sec. 11.� [144.193]
INVENTORY OF BIOLOGICAL AND HEALTH DATA.
By February 1, 2014, and annually after that date, the commissioner shall prepare an inventory of biological specimens, registries, and health data and databases collected or maintained by the commissioner.� In addition to the inventory, the commissioner shall provide the schedules for storage of health data and biological specimens.� The inventories must be listed in reverse chronological order beginning with the year 2012.� The commissioner shall make the inventory and schedules available on the department's Web site and submit the inventory and schedules to the chairs and ranking minority members of the committees of the legislature with jurisdiction over health policy and data practices issues."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The
motion prevailed and the amendment was adopted.
Scott moved to amend S. F. No. 745, the second engrossment, as amended, as follows:
Page 13, line 30, strike "consent" and insert "election as described"
Page 14, after line 12, insert:
"Sec. 13.� Minnesota Statutes 2012, section 144.966, subdivision 4, is amended to read:
Subd. 4.� Notification and information; data retention and destruction.� (a) Notification to the parents or parent, primary care provider, and the Department of Health shall occur prior to discharge or no later than ten days following the date of testing.� Notification shall include information recommended by the Department of Health and information regarding the right of the parent or legal guardian to discontinue storage of the test results and require destruction under paragraph (d).
(b) A physician, nurse, midwife, or other health professional attending a birth outside a hospital or institution shall provide information, orally and in writing, as established by the Department of Health, to parents regarding places where the parents may have their infant's hearing screened and the importance of the screening.
(c) The professional conducting the diagnostic procedure to confirm the hearing loss must report the results to the parents, primary care provider, and Department of Health according to the Department of Health recommendations.
(d) The Department of Health may store
hearing screening and rescreening test results for a period of time not to
exceed 18 years from the infant's date of birth.
(e) Notwithstanding paragraph (d), a
parent or legal guardian may instruct the Department of Health to discontinue
storing hearing screening and rescreening test results by providing a signed
and dated form requesting destruction of the test results.� The Department of Health shall make necessary
forms available on the department's
Web site.� If a parent or legal guardian instructs the Department of Health to discontinue storing hearing screening and rescreening test results, the Department of Health shall destroy the test results within one month of receipt of the instruction or within 25 months after it received the last test result, whichever is later.
"Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion
prevailed and the amendment was adopted.
Holberg moved to amend S. F. No. 745, the second engrossment, as amended, as follows:
Page 6, delete section 7
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.
����� Falk was excused for the remainder of
today's session.
����� S. F. No. 745, A bill for
an act relating to state government; classifying or modifying certain
provisions concerning data practices; requiring informed consent; amending
definitions; allowing disclosure of certain data; allowing access to certain
records; making technical changes; modifying certain provisions regarding
transportation and health data; modifying certain provisions regarding criminal
history records, criminal background checks, and other criminal justice data
provisions; extending for six years the sunset provision for the newborn
screening advisory committee; providing for accreditation of forensic laboratories;
repealing the McGruff safe house program; amending Minnesota Statutes 2012,
sections 13.37, subdivision 1; 13.386, subdivision 3; 13.43, subdivisions 2,
14; 13.64, subdivision 2; 13.72, subdivision 10, by adding subdivisions;
144.966, subdivisions 2, 3, 4, by adding subdivisions; 171.07, subdivision 1a;
171.12, subdivision 7; 241.065, subdivision 4; 268.19, subdivision 1; 299C.11,
subdivision 1; 299C.46, subdivisions 1, 2, 2a, 3; 299F.035, subdivisions 1, 2;
299F.77; 340A.301, subdivision 2; 340A.402; 611.272; 626.556, subdivision 7;
proposing coding for new law in Minnesota Statutes, chapters 13; 144; 299C;
repealing Minnesota Statutes 2012, section 299A.28.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 73 yeas and 58 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sawatzky
Schoen
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 442, A bill for
an act relating to human services; modifying membership requirements for the
Council on Disability; amending Minnesota Statutes 2012, section 256.482,
subdivision 1.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed and its title agreed to.
����� S. F. No. 422, A bill for
an act relating to children; creating the Family Reunification Act of 2013;
amending Minnesota Statutes 2012, section 260C.101, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 260C.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed and its title agreed to.
����� S. F. No. 1016, A bill for
an act relating to nursing; modifying definitions in the Minnesota Nurse
Practicing Act; amending Minnesota Statutes 2012, sections 148.171,
subdivisions 14, 15, by adding subdivisions; 148.271; repealing Minnesota
Statutes 2012, section 148.171, subdivision 12; Minnesota Rules, part
6321.0100.
����� The bill was read for the third time and
placed upon its final passage.
���������� The question was taken on the passage of the bill and the
roll was called.� There were 131 yeas and
0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed and its title agreed to.
����� H. F. No. 841, A bill for
an act relating to human services; modifying requirements for assessments;
amending Minnesota Statutes 2012, section 256B.0911, subdivision 3a.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed and its title agreed to.
����� Abeler was excused for the remainder of
today's session.
����� S. F. No. 840 was reported
to the House.
����� Hansen moved to amend
S. F. No. 840, the second engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 568, the
second engrossment:
"Section 1.� Minnesota
Statutes 2012, section 181.940, subdivision 4, is amended to read:
Subd. 4.� Child.�
"Child" means an individual under 18 years of age or an
individual under age 20 who is still attending secondary school, except as
otherwise provided.
Sec. 2.� Minnesota
Statutes 2012, section 181.9413, is amended to read:
181.9413 SICK OR
INJURED CHILD CARE LEAVE BENEFITS; CARE OF RELATIVES.
(a) An employee may use personal sick leave benefits
provided by the employer for absences due to an illness of or injury to the
employee's minor or adult child, spouse, sibling, parent,
grandparent, or stepparent, for such reasonable periods of time
as the employee's attendance with the child may be necessary, on the
same terms upon which the employee is able to use sick leave benefits
for the employee's own illness or injury.�
This section applies only to personal sick leave benefits payable to the
employee from the employer's general assets.
(b) For purposes of this section, "personal sick leave
benefits" means time accrued and available to an employee to be used as a
result of absence from work due to personal illness or injury, but does not
include short-term or long-term disability or other salary continuation
benefits.
(c) This section does not prevent an employer from providing
greater sick leave benefits than are provided for under this section, nor does
it alter an employer's existing sick leave policies or labor agreements that
allow the use of sick leave for the care of a minor or adult child, spouse,
sibling, parent, grandparent, or stepparent.
EFFECTIVE DATE.� (a) This section is effective August 1, 2013, and applies to
sick leave used on or after that date, except as provided in paragraph (b).
(b) The effective date of this
section for the state is July 1, 2015, or the effective date of a collective
bargaining agreement or compensation plan containing the changes in this
section that is approved under section 3.855, whichever is sooner.
����� Delete
the title and insert:
"A bill for an act relating to employment; modifying
use of personal sick leave benefits; amending Minnesota Statutes 2012, sections
181.940, subdivision 4; 181.9413."
����� The
motion prevailed and the amendment was adopted.
����� S. F. No. 840,
A bill for an act relating to employment; modifying use of personal sick leave
benefits; amending Minnesota Statutes 2012, section 181.9413.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 100 yeas and 31 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anderson, P.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Green
Gunther
Halverson
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Radinovich
Rosenthal
Sanders
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, S.
Beard
Daudt
Dean, M.
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Gruenhagen
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Leidiger
Lohmer
McDonald
Newberger
Nornes
Peppin
Quam
Runbeck
Schomacker
Scott
Woodard
Zellers
Zerwas
����� The bill was passed, as amended, and its
title agreed to.
���������� H. F. No. 1118, A bill for an act relating
to bonds; modifying requirements for bond security; amending Minnesota Statutes
2012, section 574.01.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 119 yeas and 11 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Faust
Fischer
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� Those who voted in the negative were:
Drazkowski
Erickson, S.
FitzSimmons
Garofalo
Hackbarth
Hertaus
Kieffer
Leidiger
McDonald
Newberger
Peppin
����� The bill was passed and its title agreed
to.
����� S. F. No. 663 was reported
to the House.
����� Johnson, C., moved that S. F. No. 663
be re-referred to the Committee on Environment and Natural Resources
Policy.� The motion prevailed.
����� S. F. No. 769 was reported
to the House.
Rosenthal moved to amend S. F. No. 769, the second engrossment, as follows:
Page 1, delete section 1 and insert:
"Section 1.� [13.854]
RELEASE OF ARRESTED, DETAINED, OR CONFINED PERSON; AUTOMATED
For requests for notification of change in custody status of an arrested, detained, or confined person from the Department of Corrections or other custodial authority made through an automated electronic notification system, all identifying information regarding the person requesting notification and that the notice was requested and provided to that person by the automated system is classified as private data on individuals as defined in section 13.02, subdivision 12, and is accessible only to that person."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The
motion prevailed and the amendment was adopted.
����� S. F. No. 769, A bill for
an act relating to public safety; clarifying certain statutory provisions
relating to crime victim rights and programs; providing for a restitution
working group; amending Minnesota Statutes 2012, sections 13.871, subdivision
5; 611A.0315; 611A.036, subdivision 7; 629.72, subdivisions 1, 1a, 2, 6, 7;
629.73; proposing coding for new law in Minnesota Statutes, chapter 13.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed, as amended, and its title agreed to.
���������� H. F. No. 790 was reported to the House.
Scott moved to amend H. F. No. 790 as follows:
Page 3, after line 17, insert:
"Sec. 5.� Minnesota Statutes 2012, section 609.3455, subdivision 8, is amended to read:
Subd. 8.� Terms of conditional release; applicable to all sex offenders.� (a) The provisions of this subdivision relating to conditional release apply to all sex offenders sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453.� Except as provided in this subdivision, conditional release of sex offenders is governed by provisions relating to supervised release.� The commissioner of corrections may not dismiss an offender on conditional release from supervision until the offender's conditional release term expires.
(b) The conditions of release may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of the release conditions specified in section 244.05, subdivision 6, and any other conditions the commissioner considers appropriate.� The commissioner shall develop a plan to pay the cost of treatment of a person released under this subdivision.� The plan may include co-payments from offenders, third-party payers, local agencies, or other funding sources as they are identified.� This section does not require the commissioner to accept or retain an offender in a treatment program.� Before the offender is placed on conditional release, the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced of the terms of the offender's conditional release.� The commissioner also shall make reasonable efforts to notify the victim of the offender's crime of the terms of the offender's conditional release.
(c) If the offender fails to meet
any condition of release, the commissioner may revoke the offender's
conditional release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison.� An offender, while on supervised release,
is not entitled to credit against the offender's conditional release term for
time served in confinement for a violation of release.
EFFECTIVE DATE.� This section is effective August 1, 2013, and
applies to crimes committed on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The
motion prevailed and the amendment was adopted.
����� H. F. No. 790, A bill for
an act relating to public safety; clarifying when conditional release terms of
certain offenders begin; amending Minnesota Statutes 2012, sections 243.166,
subdivision 5a; 609.2231, subdivision 3a; 609.3455, subdivisions 6, 7, 8;
617.246, subdivision 7; 617.247, subdivision 9.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The
bill was passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
����� Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Monday, April 29,
2013 and established a prefiling requirement for amendments offered to the
following bills:
����� H. F. Nos. 829, 938, 1138,
1389, 1221, 1470 and 1400; and S. F. Nos. 345 and 1291.
MOTIONS AND RESOLUTIONS
����� Dehn, R., moved that the name of Davnie be
added as an author on H. F. No. 276.� The motion prevailed.
����� Persell moved that the name of Schoen be
added as an author on H. F. No. 458.� The motion prevailed.
����� Atkins moved that the name of Schoen be
added as an author on H. F. No. 459.� The motion prevailed.
����� Clark moved that the name of Davnie be
added as an author on H. F. No. 1496.� The motion prevailed.
����� Pelowski moved that the names of Hortman,
Freiberg and Morgan be added as authors on H. F. No. 1692.� The motion prevailed.
����� Bernardy moved that the name of Garofalo
be added as an author on H. F. No. 1803.� The motion prevailed.
ADJOURNMENT
����� Murphy, E., moved that when the House
adjourns today it adjourn until 10:00 a.m., Friday, April 26, 2013.� The motion prevailed.
����� Murphy, E., moved that the House
adjourn.� The motion prevailed, and
Speaker pro tempore Hortman declared the House stands adjourned until 10:00
a.m., Friday, April 26, 2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives