STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
TWENTY-THIRD
DAY
Saint Paul, Minnesota, Thursday, March 5, 2015
����� The House of Representatives convened at 3:30
p.m. and was called to order by Kurt Daudt, Speaker of the House.
����� Prayer was offered by the Reverend Wendell
Johnson, Cambridge, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
����� A quorum was present.
����� Runbeck was excused.
����� Urdahl was excused until 7:00 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� There being
no objection, further reading of the Journal was dispensed with and the Journal
was approved as corrected by the Chief Clerk.
REPORTS
OF CHIEF CLERK
����� S. F. No. 578
and H. F. No. 383, which had been referred to the Chief Clerk
for comparison, were examined and found to be identical with certain
exceptions.
����� Hortman
moved that S. F. No. 578 be substituted for
H. F. No. 383 and that the House File be indefinitely
postponed.� The motion prevailed.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 162, A bill
for an act relating to human services; providing payment rate increases for
certain nursing facilities; amending Minnesota Statutes 2014, section 256B.434,
by adding a subdivision.
Reported the same back with the
following amendments:
Page 1, line 9, delete "three"
and insert "four"
Page 1, line 10, after the third comma,
insert "one licensed for 40 beds,"
Page 1, line 13, delete the third
"one" and insert "two" and delete "facility"
and insert "facilities"
Page 1, line 14, after the first comma,
insert "one" and after "beds" insert "and
one licensed for 37 beds"
Page 2, line 1, delete "eight"
and insert "ten"
With the recommendation that when so amended
the bill be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 173, A bill
for an act relating to human services; modifying nursing facility operating
payment rates for certain facilities; amending Minnesota Statutes 2014, section
256B.431, by adding a subdivision.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 190, A bill
for an act relating to human services; specifying the operating rate for a
certain facility; amending Minnesota Statutes 2014, section 256B.441, by adding
a subdivision.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 232, A bill
for an act relating to human services; providing a nursing facility operating
payment rate increase for certain facilities; amending Minnesota Statutes 2014,
section 256B.441, by adding a subdivision.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 246, A bill
for an act relating to education; reaffirming the importance of teacher
mentorship programs; appropriating money; amending Minnesota Statutes 2014,
sections 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.60, subdivision
1a; 122A.61, subdivision 1; 122A.70.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Education
Finance.
The
report was adopted.
Hoppe
from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 328, A bill
for an act relating to securities regulation; providing an exemption from
regulation for crowdfunding transactions; proposing coding for new law in
Minnesota Statutes, chapter 80A.
Reported the same back with the
following amendments:
Delete everything after the enacting
clause and insert:
"Section 1.� [80A.461]
MNVEST REGISTRATION EXEMPTION.
Subdivision 1.� Definitions.� (a) For purposes of this section, the
terms defined in paragraphs (b) through (e) have the meanings given them.
(b) "MNvest
issuer" means an entity organized under the laws of Minnesota, other than
a general partnership, that satisfies the requirements of Code of Federal
Regulations, title 17, part 230.147, and the following requirements:
(1)
the principal office of the entity is located in Minnesota;
(2) as of the last
day of the most recent semiannual fiscal period of the entity, at least 80
percent, or other threshold permitted by Code of Federal Regulations, title 17,
part 230.147, of the entity's assets were located in Minnesota;
(3) except in the
case of an entity whose gross revenue during the most recent period of 12 full
months did not exceed $5,000, the entity derived at least 80 percent, or other
threshold permitted by Code of Federal Regulations, title 17, part 230.147, of
the entity's gross revenues from the operation of a business in Minnesota
during (i) the previous fiscal year, if the MNvest offering begins during the
first six months of the entity's fiscal year; or (ii) during the 12 months
ending on the last day of the sixth month of the entity's current fiscal year,
if the MNvest offering begins following the last day;
(4) the entity does
not attempt to limit its liability, or the liability of any other person, for
fraud or intentional misrepresentation in connection with the offering of its
securities in a MNvest offering; and
(5) the entity is
not:
(i) engaged in the
business of investing, reinvesting, owning, holding, or trading in securities,
except that the entity may hold securities of one class in an entity that is
not itself engaged in the business of investing, reinvesting, owning, holding,
or trading in securities; or
(ii) subject to the
reporting requirements of the Securities and Exchange Act of 1934, section 13
or section 15(d), United States Code, title 15, section 78m and section 78o(d).
(c) "MNvest
offering" means an offer, or an offer and sale, of securities by a MNvest
issuer that:� (1) is conducted
exclusively through a MNvest portal and (2) satisfies the requirements of this
section and other requirements the administrator imposes by rule.
(d) "MNvest
portal" means an Internet Web site that is operated by a portal operator
for the offer or sale of MNvest offerings under this section or registered
securities under section 80A.50, paragraph (b), and satisfies the requirements
of subdivision 6.
(e) "Portal
operator" means an entity, including an issuer, that:
(1) is authorized to
do business in Minnesota;
(2) is a broker-dealer registered under this
chapter or otherwise registers with the administrator as a portal operator
in accordance with subdivision 7, paragraph (a), and is therefore excluded from
broker-dealer registration; and
(3) satisfies such
other conditions as the administrator may determine.
Subd. 2.� Generally.� The offer, sale, and issuance of
securities in a MNvest offering is exempt from the requirements of sections
80A.49 to 80A.54, except 80A.50, paragraph (a), clause (3), and 80A.71, if the
issuer meets the qualifications under this section.
Subd. 3.� MNvest
offering.� (a) A MNvest
offering must satisfy the following requirements:
(1) the issuer must
be a MNvest issuer on the date that its securities are first offered for sale
in the offering and continuously through the closing of the offering;
(2)
the offering must meet the requirements of the federal exemption for intrastate
offerings in section 3(a)(11) of the Securities Act of 1933, United States
Code, title 15, section 77c (a)(11), and Rule 147 adopted under the Securities
Act of 1933, Code of Federal Regulations, title 17, part 230.147;
(3) the sale of
securities must be conducted exclusively through a MNvest portal;
(4) the MNvest issuer
shall require the portal operator to provide or make available to prospective purchasers
through the MNvest portal a copy of the MNvest issuer's balance sheet and
income statement for the MNvest issuer's most recent fiscal year, if the issuer
was in existence.� For offerings
beginning more than 90 days after the issuer's most recent fiscal year end, or
if the MNvest issuer was not in existence the previous calendar year, the
MNvest issuer must provide or make available a balance sheet as of a date not
more than 90 days before the commencement of the MNvest offering for the MNvest
issuer's most recently completed fiscal year, or such shorter portion the
MNvest issuer was in existence during that period, and the year-to-date period,
or inception-to-date period, if shorter, corresponding with the more recent
balance sheet required by this clause;
(5) in any 12-month
period, the MNvest issuer shall not raise more than the aggregate amounts set
forth in item (i) or (ii), either in cash or other consideration, in connection
with one or more MNvest offerings:
(i) $5,000,000 if the
financial statements described in clause (4) have been (1) audited by a public
accountant who is independent of the MNvest issuer using auditing standards
issued by either the American Institute of Certified Public Accountants or the
Public Company Oversight Board, or (2) reviewed by a public accountant who is
independent of the MNvest issuer using the Statements on Standards for
Accounting and Review Services issued by the Accounting and Review Services
Committee of the American Institute of Certified Public Accountants; or
(ii) $2,000,000 if
the financial statements described in clause (4) have not been audited or
reviewed as described in item (i);
(6) the MNvest issuer
must use at least 80 percent of the net proceeds of the offering in connection
with the operation of its business within Minnesota;
(7) no single
purchaser may purchase more than $10,000 in securities of the MNvest issuer
under this exemption in connection with a single MNvest offering unless the
purchaser is an accredited investor;
(8) all payments for
the purchase of securities must be held in escrow until the aggregate capital
deposited into escrow from all purchasers is equal to or greater than the
stated minimum offering amount.�
Purchasers will receive a return of all their subscription funds if the
minimum offering amount is not raised by the stipulated expiration date
required in subdivision 4, clause (2).�
The escrow agent must be a bank, regulated trust company, savings bank,
savings association, or credit union authorized to do business in
Minnesota.� Prior to the execution of the
escrow agreement between the issuer and the escrow agent, the escrow agent must
conduct searches of the issuer, its executive officers, directors, governors,
and managers against the Specially Designated Nationals list maintained by the
Office of Foreign Assets Control.� The
escrow agent is only responsible to act at the direction of the party
establishing the escrow account and does not have a duty or liability,
contractual or otherwise, to an investor or other person except as set forth in
the applicable escrow agreement or other contract;
(9) the MNvest issuer
shall require the portal operator to make available to the prospective
purchaser through the MNvest portal a disclosure document that meets the
requirements set forth in subdivision 4;
(10) before selling
securities to a prospective purchaser on a MNvest portal, the MNvest issuer
shall require the portal operator to obtain from the prospective purchaser the
certification required under subdivision 5;
(11)
not less than ten days before the beginning of an offering of securities in
reliance on the exemption under this section, the MNvest issuer shall provide
the following to the administrator:
(i) a notice of claim
of exemption from registration, specifying that the MNvest issuer will be
conducting an offering in reliance on the exemption under this section;
(ii) a copy of the
disclosure document to be provided to prospective purchasers in connection with
the offering, as described in subdivision 4; and
(iii) a filing fee of
$300; and
(12) the MNvest
issuer and the portal operator may engage in solicitation and advertising of
the MNvest offering provided that:
(i) the advertisement
contains disclaiming language which clearly states:
(A) the advertisement
is not the offer and is for informational purposes only;
(B) the offering is
being made in reliance on the exemption under this section;
(C) the offering is
directed only to residents of the state;
(D) all offers and
sales are made through a MNvest portal; and
(E) the Department of
Commerce is the securities regulator in Minnesota;
(ii) along with the
disclosures required under item (i), the advertisement may contain no more than
the following information:
(A) the name and
contact information of the MNvest issuer;
(B) a brief
description of the general type of business of the MNvest issuer;
(C) the minimum
offering amount the MNvest issuer is attempting to raise through its offering;
(D) a description of
how the issuer will use the funds raised through the MNvest offering;
(E) the duration that
the MNvest offering will remain open;
(F) the MNvest
issuer's logo; and
(G) a link to the
MNvest issuer's Web site and the MNvest portal in which the MNvest offering is
being made;
(iii) the advertisement
complies with all applicable state and federal laws.
Subd. 4.� Required
disclosures to prospective MNvest offering purchasers.� The MNvest issuer shall require the
portal operator to make available to the prospective purchaser through the MNvest
portal a printable or downloadable disclosure document containing the
following:
(1)
the MNvest issuer's type of entity, the address and telephone number of its
principal office, its formation history for the previous five years, a summary
of the material facts of its business plan and its capital structure, and its
intended use of the offering proceeds, including any amounts to be paid from
the proceeds of the MNvest offering, as compensation or otherwise, to an owner,
executive officer, director, governor, manager, member, or other person
occupying a similar status or performing similar functions on behalf of the
MNvest issuer;
(2) the MNvest offering must stipulate
the date on which the offering will expire, which must not be longer than 12
months from the date the MNvest offering commenced;
(3) a copy of the escrow agreement
between the escrow agent, the MNvest issuer, and, if applicable, the portal
operator, as described in subdivision 3, clause (8);
(4) the financial statements required
under subdivision 3, clause (4);
(5) the identity of all persons owning
more than ten percent of any class of equity interests in the company;
(6) the identity of the executive
officers, directors, governors, managers, members, and other persons occupying
a similar status or performing similar functions in the name of and on the
behalf of the MNvest issuer, including their titles and their relevant
experience;
(7) the terms and conditions of the
securities being offered, a description of investor exit strategies, and of any
outstanding securities of the MNvest issuer; the minimum and maximum amount of
securities being offered; either the percentage economic ownership of the
MNvest issuer represented by the offered securities, assuming the minimum and,
if applicable, maximum number of securities being offered is sold, or the
valuation of the MNvest issuer implied by the price of the offered securities;
the price per share, unit, or interest of the securities being offered; any
restrictions on transfer of the securities being offered; and a disclosure that
any future issuance of securities might dilute the value of securities being
offered;
(8) the identity of and consideration
payable to a person who has been or will be retained by the MNvest issuer to
assist the MNvest issuer in conducting the offering and sale of the securities,
including a portal operator, but excluding (i) persons acting primarily as
accountants or attorneys, and (ii) employees whose primary job responsibilities
involve operating the business of the MNvest issuer rather than assisting the
MNvest issuer in raising capital;
(9) a description of any pending
material litigation, legal proceedings, or regulatory action involving the
MNvest issuer or any executive officers, directors, governors, managers,
members, and other persons occupying a similar status or performing similar
functions in the name of and on behalf of the MNvest issuer;
(10) a statement of the material risks
unique to the MNvest issuer and its business plans;
(11) a statement that the securities
have not been registered under federal or state securities law and that the
securities are subject to limitations on resale; and
(12) the following legend must be
displayed conspicuously in the disclosure document:
"IN MAKING AN INVESTMENT DECISION,
PURCHASERS MUST RELY ON THEIR OWN EXAMINATION OF THE ISSUER AND THE TERMS OF
THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED.� THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY
ANY FEDERAL OR STATE SECURITIES COMMISSION OR DIVISION OR OTHER REGULATORY
AUTHORITY.� FURTHERMORE, THE FOREGOING
AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS
DOCUMENT.� ANY REPRESENTATION TO THE
CONTRARY IS A CRIMINAL OFFENSE.� THESE
SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY
NOT BE TRANSFERRED OR RESOLD
EXCEPT AS PERMITTED BY SUBSECTION (e) OF SEC RULE 147 (CODE OF FEDERAL
REGULATIONS, TITLE 17, PART 230.147 (e)) AS PROMULGATED UNDER THE SECURITIES
ACT OF 1933, AS AMENDED, AND THE APPLICABLE STATE SECURITIES LAWS, PURSUANT TO
REGISTRATION OR EXEMPTION THEREFROM.�
PURCHASERS SHOULD BE AWARE THAT THEY WILL BE REQUIRED TO BEAR THE
FINANCIAL RISKS OF THIS INVESTMENT FOR AN INDEFINITE PERIOD OF TIME."
Subd. 5.� Required
certification from MNvest offering purchasers.� Before selling securities to a
prospective purchaser through a MNvest portal, the MNvest issuer shall require
the portal operator to obtain from the prospective purchaser through the
applicable MNvest portal a written or electronic certification that includes,
at a minimum, the following statements:
"I UNDERSTAND
AND ACKNOWLEDGE THAT:
If I make an
investment in an offering through this MNvest portal, it is very likely that I
am investing in a high-risk, speculative business venture that could result in
the complete loss of my investment, and I need to be able to afford such a
loss.
This offering has not
been reviewed or approved by any state or federal securities commission or
division or other regulatory authority and that no such person or authority has
confirmed the accuracy or determined the adequacy of any disclosure made to me
relating to this offering.
If I make an
investment in an offering through this MNvest portal, it is very likely that
the investment will be difficult to transfer or sell and, accordingly, I may be
required to hold the investment indefinitely.
By entering into this
transaction with the company, I am affirmatively representing myself as being a
Minnesota resident at the time that this contract is formed, and if this representation
is subsequently shown to be false, the contract is void."
Subd. 6.� MNvest
portal.� A MNvest portal must
satisfy the requirements of clauses (1) through (4):
(1) the Web site does
not contain the word "MNvest" in its URL address;
(2) the Web site
implements steps to limit Web site access to the offer or sale of securities to
only Minnesota residents when conducting MNvest offerings; and
(3) MNvest offerings
may not be viewed on the MNvest portal by a prospective purchaser until:
(i) the portal
operator verifies, through its exercise of reasonable steps, such as using a
third-party verification service or as otherwise approved by the administrator,
that the prospective purchaser is a Minnesota resident; and
(ii) the prospective
purchaser makes an affirmative acknowledgment, electronically through the
MNvest portal, that:
(A) I am a Minnesota
resident;
(B) the securities
and investment opportunities listed on this Web site involve high-risk,
speculative business ventures.� If I
choose to invest in any securities or investment opportunity listed on this Web
site, I may lose all of my investment, and I can afford such a loss;
(C)
the securities and investment opportunities listed on this Web site have not
been reviewed or approved by any state or federal securities commission or
division or other regulatory authority, and no such person or authority,
including this Web site, has confirmed the accuracy or determined the adequacy
of any disclosure made to prospective investors relating to any offering; and
(D) if I choose to
invest in any securities or investment opportunity listed on this Web site, I
understand that the securities I will acquire may be difficult to transfer or
sell, that there is no ready market for the sale of such securities, that it
may be difficult or impossible for me to sell or otherwise dispose of this
investment at any price, and that, accordingly, I may be required to hold this
investment indefinitely; and
(4) the Web site
complies with all other rules adopted by the administrator.
Subd. 7.� Portal
operator.� (a) An entity,
other than a registered broker-dealer, wishing to become a portal operator
shall file with the administrator:
(1) form ....... [to
be approved by the administrator], including all applicable schedules and
supplemental information;
(2) a copy of the
articles of incorporation or other documents that indicate the entity's form of
organization; and
(3) a filing fee of
$200.
(b) A portal
operator's registration expires 12 months from the date the administrator has
approved the entity as a portal operator, and subsequent registration for the
succeeding 12-month period shall be issued upon written application and upon
payment of a renewal fee of $200, without filing of further statements or
furnishing any further information, unless specifically requested by the
administrator.� This section is not applicable
to a registered broker‑dealer functioning as a portal operator.
(c) A portal operator
that is not a broker-dealer registered under this chapter shall not:
(1) offer investment
advice or recommendations, provided that a portal operator shall not be deemed
to be offering investment advice or recommendations merely because it (i)
selects, or may perform due diligence with respect to, issuers or offerings to
be listed, or (ii) provides general investor educational materials;
(2) provide
transaction-based compensation for securities sold under this chapter to
employees, agents, or other persons unless the employees, agents, or other
persons are registered with the administrator and permitted to receive such
compensation;
(3) charge a fee to
the issuer for an offering of securities on a MNvest portal unless the fee is
(i) a fixed amount for each offering, (ii) a variable amount based on the
length of time that the securities are offered on the MNvest portal, or (iii) a
combination of such fixed and variable amounts; or
(4) hold, manage,
possess, or otherwise handle purchaser funds or securities.� This restriction does not apply if the issuer
is the portal operator.
(d) A portal operator
shall provide the administrator with read-only access to administrative
sections of the MNvest portal.
(e) A portal operator
shall comply with the record-keeping requirements of this paragraph, provided
that the failure of a portal operator that is not an issuer to maintain records
in compliance with this paragraph shall not affect the MNvest issuer's
exemption from registration afforded by this section:
(1)
a portal operator shall maintain and preserve, for a period of five years from
either the date of the closing or termination of the securities offering, the
following records:
(i) the name of each
issuer whose securities have been listed on its MNvest portal;
(ii) the full name,
residential address, Social Security number, date of birth, and copy of a
state-issued identification for all owners with greater than ten percent voting
equity in an issuer;
(iii) copies of all
offering materials that have been displayed on its MNvest portal;
(iv) the names and
other personal information of each purchaser who has registered at its MNvest
portal;
(v) any agreements
and contracts between the portal operator and the issuer; and
(vi) any information
used to establish that a MNvest issuer, prospective MNvest purchaser, or MNvest
purchaser is a Minnesota resident;
(2) a portal operator
shall, upon written request of the administrator, furnish to the administrator
any records required to be maintained and preserved under this subdivision;
(3) the records
required to be kept and preserved under this subdivision must be maintained in
a manner, including by any electronic storage media, that will permit the
immediate location of any particular document so long as such records are
available for immediate and complete access by representatives of the
administrator.� Any electronic storage
system must preserve the records exclusively in a nonrewriteable, nonerasable
format; verify automatically the quality and accuracy of the storage media recording
process; serialize the original and, if applicable, duplicate units storage
media, and time-date for the required period of retention the information
placed on such electronic storage media; and be able to download indexes and
records preserved on electronic storage media to an acceptable medium.� In the event that a records retention system
commingles records required to be kept under this subdivision with records not
required to be kept, representatives of the administrator may review all
commingled records; and
(4) a portal operator
shall maintain such other records as the administrator shall determine by rule.
Subd. 8.� Bad
actor disqualification.� (a)
An exemption under this section is not available for a sale if securities in
the MNvest issuer; any predecessor of the MNvest issuer; any affiliated issuer;
any director, executive officer, other officer participating in the MNvest
offering, general partner, or managing member of the MNvest issuer; any
beneficial owner of 20 percent or more of the MNvest issuer's outstanding
voting equity securities, calculated on the basis of voting power; any promoter
connected with the MNvest issuer in any capacity at the time of the sale; any
investment manager of an issuer that is a pooled investment fund; any general
partner or managing member of any investment manager; or any director,
executive officer, or other officer participating in the offering of any
investment manager or general partner or managing member of the investment
manager:
(1) has been
convicted, within ten years before the offering, or five years, in the case of
MNvest issuers, their predecessors, and affiliated issuers, of any felony or
misdemeanor:
(i) in connection
with the purchase or sale of any security;
(ii) involving the
making of any false filing with the Securities and Exchange Commission or a
state agency; or
(iii) arising out of
the conduct of the business of an underwriter, broker, dealer, municipal
securities dealer, investment adviser, or paid solicitor of purchasers of
securities;
(2)
is subject to any order, judgment, or decree of any court of competent
jurisdiction, entered within five years before the sale, that, at the time of
the sale, restrains or enjoins the person from engaging or continuing to engage
in any conduct or practice:
(i) in connection
with the purchase or sale of any security;
(ii) involving the
making of any false filing with the Securities and Exchange Commission; or
(iii) arising out of
the conduct of the business of an underwriter, broker, dealer, municipal
securities dealer, investment adviser, or paid solicitor of purchasers of
securities;
(3) is subject to a
final order of a state securities commission or an agency or officer of a state
performing like functions; a state authority that supervises or examines banks,
savings associations, or credit unions; a state insurance commission or an
agency or officer of a state performing like functions; an appropriate federal
banking agency; the United States Commodity
Futures Trading Commission; or the National Credit Union Administration that:
(i) at the time of
the offering, bars the person from:
(A) association with
an entity regulated by the commission, authority, agency, or officer;
(B) engaging in the
business of securities, insurance, or banking; or
(C) engaging in
savings association or credit union activities; or
(ii) constitutes a
final order based on a violation of any law or regulation that prohibits
fraudulent, manipulative, or deceptive conduct entered within ten years before
the offering;
(4) is subject to an
order of the Securities and Exchange Commission entered pursuant to section
15(b) or 15B(c) of the Securities Exchange Act of 1934, United States Code,
title 15, section 78 o(b) or 78o-4(c) or section 203(e) or (f) of the
Investment Advisers Act of 1940, United State Code, title 15, section 80b-3(e)
or (f) that, at the time of the offering:
(i) suspends or
revokes the person's registration as a broker, dealer, municipal securities
dealer, or investment adviser;
(ii) places
limitations on the activities, functions, or operations of the person; or
(iii) bars the person
from being associated with any entity or from participating in the offering of
any penny stock;
(5) is subject to any
order of the Securities and Exchange Commission entered within five years
before the sale that, at the time of the sale, orders the person to cease and
desist from committing or causing a violation or future violation of:
(i) any
scienter-based antifraud provision of the federal securities laws, including
without limitation section 17(a)(1) of the Securities Act of 1933, United
States Code, title 15, section 77q(a)(1), section 10(b) of the Securities
Exchange Act of 1934, United States Code, title 15, section 78j(b) and Code of
Federal Regulations, title 17, section 240.10b-5, section 15(c)(1) of the
Securities Exchange Act of 1934, United States Code, title 15, section
78o(c)(1) and section 206(1) of the Investment Advisers Act of 1940, United
States Code, title 15, section 80b-6(1), or any other rule or regulation
thereunder; or
(ii)
section 5 of the Securities Act of 1933, United States Code, title 15, section
77e;
(6) is suspended or
expelled from membership in, or suspended or barred from association with a
member of, a registered national securities exchange or a registered national
or affiliated securities association for any act or omission to act
constituting conduct inconsistent with just and equitable principles of trade;
(7) has filed as a
registrant or issuer, or was or was named as an underwriter in, any
registrations statement or Regulation A offering statement filed with the
Securities and Exchange Commission that, within five years before the sale, was
the subject of a refusal order, stop order, or order suspending the Regulation
A exemption, or is, at the time of the sale, the subject of an investigation or
proceeding to determine whether a stop order or suspension order should be
issued; or
(8) is subject to a
United States Postal Service false representation order entered within five
years before the offering, or is, at the time of the offering, subject to a
temporary restraining order or preliminary injunction with respect to conduct
alleged by the Unites States Postal Service to constitute a scheme or device
for obtaining money or property through the mail by means of false representations.
(b) Paragraph (a)
does not apply:
(1) with respect to
any conviction, order, judgment, decree, suspension, expulsion, or bar that
occurred or was issued before September 23, 2013;
(2) upon a showing of
good cause and without prejudice to any other action by the Securities and
Exchange Commission, if the Securities and Exchange Commission determines that
it is not necessary under the circumstances that an exemption be denied;
(3) if, before the
relevant offering, the court of regulatory authority that entered the relevant
order, judgment, or decree advises in writing, whether contained in the
relevant judgment, order, or decree or separately to the Securities and
Exchange Commission or its staff, that disqualification under paragraph (a)
should not arise as a consequence of the order, judgment, or decree; or
(4) if the MNvest
issuer establishes that it did not know and, in the exercise of reasonable
care, could not have known that a disqualification existed under paragraph (a).
(c) For purposes of
paragraph (a), events relating to any affiliated issuer that occurred before
the affiliation arose will not be considered disqualifying if the affiliated
entity is not:
(1) in control of the
issuer; or
(2) under common
control with the issuer by a third party that was in control of the affiliated
entity at the time of the events.
EFFECTIVE
DATE.� This section is
effective the day following final enactment."
With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 384, A bill
for an act relating to education; making school year-long student teaching programs
part of teacher preparation; amending Minnesota Statutes 2014, section 122A.09,
subdivision 4.
Reported the same back with the
following amendments:
Page 4, after line 17, insert:
"Sec. 2.� APPROPRIATION;
MNSCU.
$....... is
appropriated to the Minnesota State Colleges and Universities Board of Trustees
to administer grants for up to two or more universities that develop pilot
programs to offer teacher candidates a full school year of student teaching
experience at the undergraduate or graduate level."
Amend the title as follows:
Page 1, line 3, after
"preparation" insert "; appropriating money"
With the recommendation that when so
amended the bill be re-referred to the Committee on Higher Education Policy and
Finance.
The
report was adopted.
Cornish
from the Committee on Public Safety and Crime Prevention Policy and Finance to
which was referred:
H. F. No. 484, A bill
for an act relating to disaster relief; authorizing state grants to eligible
utility cooperatives to match federal disaster assistance; amending Minnesota
Statutes 2014, section 12A.15, subdivision 1.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Job Growth and
Energy Affordability Policy and Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 487, A bill
for an act relating to human services; providing a nursing facility operating
payment rate increase for a facility in Le Sueur County; amending Minnesota
Statutes 2014, section 256B.431, by adding a subdivision.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 515, A bill
for an act relating to human services; modifying exceptions for replacement
nursing home beds; amending Minnesota Statutes 2014, section 144A.071,
subdivision 4a.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 553, A bill
for an act relating to human services; modifying the operating payment rate for
certain nonprofit nursing facilities in border cities; amending Minnesota
Statutes 2014, section 256B.431, by adding a subdivision.
Reported the same back with the recommendation
that the bill be re-referred to the Committee on Health and Human Services
Finance.
The
report was adopted.
Mack
from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 644, A bill
for an act relating to health occupations; establishing registration for
massage and bodywork therapy; establishing fees; proposing coding for new law
in Minnesota Statutes, chapters 148; 325F.
Reported the same back with the
following amendments:
Page 14, line 31, before the period,
insert ", paragraph (b), clause (6)"
With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.
The
report was adopted.
Gunther from the Committee on Greater
Minnesota Economic and Workforce Development Policy to which was referred:
H. F. No. 688, A bill
for an act relating to taxation; income; establishing a new markets tax credit
program; authorizing rulemaking; requiring a report; appropriating money;
amending Minnesota Statutes 2014, section 297I.20, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 290; proposing
coding for new law as Minnesota Statutes, chapter 116X.
Reported the same back with the
following amendments:
Page
1, delete lines 11 to 13
Page 1, line 15, delete "(m)"
and insert "(l)"
Reletter the paragraphs in sequence
Page 2, line 10, delete "quality"
and insert "qualified"
Page 5, line 10, delete "(g)"
and insert "(f)"
Page 6, line 4, delete "fund"
and insert "account"
With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.
The
report was adopted.
Sanders
from the Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 716, A bill
for an act relating to local government; modifying provisions governing the
Saint Paul Port Authority; amending Minnesota Statutes 2014, sections 469.049;
469.050, subdivision 4; 469.084, subdivisions 3, 4, 8, 9, 10, 14; repealing
Minnesota Statutes 2014, section 469.084, subdivisions 11, 12.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Job Growth and
Energy Affordability Policy and Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 730, A bill
for an act relating to human services; modifying nursing facility operating
payment rates for certain facilities; amending Minnesota Statutes 2014, section
256B.431, by adding a subdivision.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Health and
Human Services Finance.
The
report was adopted.
Nornes
from the Committee on Higher Education Policy and Finance to which was
referred:
H. F. No. 742, A bill
for an act relating to higher education; data practices; requiring changes to
campus policies on sexual harassment and sexual violence; encouraging good
faith reporting of sexual harassment and sexual violence; requiring
coordination between postsecondary institutions and law enforcement; requiring
postsecondary institutions to create an online reporting system; restricting
access to data; requiring training of campus security officers and administrators;
requiring institutions provide student health services for victims of sexual
assault; amending Minnesota Statutes 2014, section 135A.15, subdivisions 1, 2,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 626.
Reported the same back with the
following amendments:
Delete
everything after the enacting clause and insert:
"Section 1.� Minnesota Statutes 2014, section 13.322, is
amended by adding a subdivision to read:
Subd. 6.� Campus
sexual assault data.� Data relating
to allegations of sexual assault at a postsecondary institution are classified
in section 135A.15.
Sec. 2.� Minnesota Statutes 2014, section 135A.15,
subdivision 1, is amended to read:
Subdivision 1.� Policy
required.� The Board of Trustees of
the Minnesota State Colleges and Universities shall, and the University of
Minnesota is requested to, adopt a clear, understandable written policy on
sexual harassment and sexual violence that informs victims of their rights
under the crime victims bill of rights, including the right to assistance from
the Crime Victims Reparations Board and the commissioner of public safety.� The policy must apply to students and
employees and must provide information about their rights and duties.� The policy must apply to criminal incidents against
a student or employee of a postsecondary institution occurring on property
owned or leased by the postsecondary system or institution in which
the victim is a student or employee of that system or institution or at
any activity, program, organization, or event sponsored by the system or
institution, including fraternities and sororities.� It must include procedures for reporting
incidents of sexual harassment or sexual violence and for disciplinary actions
against violators.� During student
registration, each technical college, community college, or state university
shall, and the University of Minnesota is requested to, provide each student
with information regarding its policy.� A
copy of the policy also shall be posted at appropriate locations on campus at
all times.� Each private postsecondary
institution that is an eligible institution as defined in section 136A.155,
registered as a postsecondary institution under section 136A.65 must adopt
a policy that meets the comply with the requirements of this
section.
Sec. 3.� Minnesota Statutes 2014, section 135A.15,
subdivision 2, is amended to read:
Subd. 2.� Victims'
rights.� (a) The policy
required under subdivision 1 shall, at a minimum, require that students and
employees be informed of the policy, and shall include provisions for:
(1) filing criminal charges with local
law enforcement officials in sexual assault cases;
(2) the prompt assistance of campus
authorities, at the request of the victim, in notifying the appropriate law
enforcement officials and disciplinary authorities of a sexual assault
incident;
(3) allowing sexual
assault victims to decide whether to refer a case to law enforcement;
(4) requiring campus
authorities to treat sexual assault victims with dignity;
(5) requiring campus
authorities to offer sexual assault victims fair and respectful health care,
counseling services, or referrals to such services;
(6) preventing campus
authorities from suggesting a victim of sexual assault is at fault for the
crimes or violations that occurred;
(7) preventing campus
authorities from suggesting that a victim of sexual assault should have acted
in a different manner to avoid such a crime;
(8) protecting the
privacy of sexual assault victims by, unless otherwise required by law, only
disclosing data collected under this section to the victim, campus officials
investigating a report or conducting a disciplinary procedure related to the
incident, and, at a sexual assault victim's request, police conducting a
criminal investigation;
(3)
(9) an investigation and resolution of a sexual assault complaint by
campus disciplinary authorities;
(4) (10) a sexual
assault victim's participation in and the presence of the victim's attorney or
other support person at any meeting with campus officials concerning a
sexual assault complaint or campus disciplinary proceeding concerning a
sexual assault complaint;
(11) ensuring that a sexual assault
victim is not required to repeat unnecessarily a description of the incident of
sexual assault;
(12) notice to a sexual assault victim
of the availability of a campus or local program providing sexual assault
advocacy services;
(5) (13) notice
to a sexual assault victim of the outcome of any campus disciplinary proceeding
concerning a sexual assault complaint, consistent with laws relating to data
practices;
(6) (14) the
complete and prompt assistance of campus authorities, at the direction of law
enforcement authorities, in obtaining, securing, and maintaining evidence in
connection with a sexual assault incident;
(7) (15) the
assistance of campus authorities in preserving for a sexual assault complainant
or victim materials relevant to a campus disciplinary proceeding; and
(8) (16) during and
after the process of investigating a complaint and conducting a campus
disciplinary procedure, the assistance of campus personnel, in cooperation
with the appropriate law enforcement authorities, at a sexual assault victim's
request, in shielding the victim from unwanted contact with the alleged
assailant, including transfer of the victim to alternative classes or to
alternative college-owned housing, if alternative classes or housing are
available and feasible;
(17) forbidding retaliation, and
establishing a process for investigating complaints of retaliation, against
sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;
(18) allowing sexual assault victims to
practice their religion and exercise their civil rights without interference by
the investigative, criminal justice, or student conduct process of the
institution;
(19) providing students who reported
sexual assaults to the institution and subsequently choose to transfer to
another postsecondary institution with information about resources for victims
of sexual assault at the institution to which the victim is transferring; and
(20) providing a student who reported
an incident of sexual assault with access to the campus investigatory file
regarding the incident, including if that student transfers to another
postsecondary institution.
(b) For the purposes of this section,
"sexual assault" means forcible sex offenses as defined in Code of
Federal Regulations, title 34, part 668, subpart D, appendix A, as amended.
Sec. 4.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 3.� Uniform
amnesty.� The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, include in the system's sexual
harassment and violence policy a provision that no student who reports, in good
faith, an act of sexual harassment or sexual violence shall be sanctioned by
the institution for admitting to a violation of the institution's student
conduct policy on the use of drugs or alcohol as part of the report.� Each private postsecondary institution that
is registered under section 136A.65 must comply with the requirements of this
subdivision.
Sec. 5.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 4.� Coordination
with local law enforcement.� (a)
The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, direct each campus in the
system to enter into a memorandum of understanding with the primary local law
enforcement agencies that serve the campus.�
The memorandum must be entered into no later than January 1, 2017, and
updated every two years thereafter.� Each
private postsecondary institution that is registered under section 136A.65 must
comply with the requirements of this subdivision.� This memorandum shall clearly delineate
responsibilities and require information sharing, in accordance with applicable
state and federal privacy laws, about certain crimes including, but not limited
to, sexual assault.� This memorandum of
understanding shall provide:
(1) delineation and sharing protocols
of investigative responsibilities;
(2) protocols for investigations,
including standards for notification and communication and measures to promote
evidence preservation; and
(3) a method of sharing information
about specific crimes, when directed by the victim, and a method of sharing
crime details anonymously in order to better protect overall campus safety.
(b) Prior to the start of each academic
year, the Board of Trustees of the Minnesota State Colleges and Universities
shall, and the University of Minnesota is requested to, distribute an
electronic copy of the memorandum of understanding to all employees on the
campus that are subject to the memorandum.
(c) A campus is exempt from the
requirement that it develop a memorandum of understanding under this section if
the campus and local or county law enforcement agencies establish a sexual
assault protocol team to facilitate effective cooperation and collaboration
between the institution and law enforcement.
Sec. 6.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 5.� Online
reporting system.� (a) The
Board of Trustees of the Minnesota State Colleges and Universities shall, and
the University of Minnesota is requested to, provide an online reporting system
to receive complaints of sexual harassment and sexual violence from students
and employees.� The system must permit
anonymous reports, provided that the institution is not obligated to
investigate an anonymous report, unless a formal report is submitted through
the process established in the institution's sexual harassment and sexual
violence policy or an investigation is otherwise required by law.
(b) The Board of Trustees of the
Minnesota State Colleges and Universities shall, and the University of
Minnesota is requested to, provide students making reports under this section
with information about who will receive and have access to the reports filed,
how the information gathered through the system will be used, and contact
information for on-campus and off-campus organizations serving victims of
sexual violence.
(c) Each private postsecondary
institution that is registered under section 136A.65 must comply with the
requirements of this subdivision.
(d) Data collected under this
subdivision is classified as private data on individuals as defined by section
13.02, subdivision 12.
Sec. 7.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 6.� Data
collection and reporting.� (a)
The Board of Trustees of the Minnesota State Colleges and Universities and the
University of Minnesota shall annually report statistics on sexual
assault.� Each private postsecondary
institution that is registered under section 136A.65 must comply with the
requirements of this subdivision.� This report must be prepared in addition to
any federally required reporting on campus security, including reports required
by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act, United States Code, title 20, section 1092(f).� The report must include, but not be limited
to:
(1) the number of
incidents that were investigated by the institution;
(2) the number of
incidents that were referred for a disciplinary proceeding at the institution;
(3) the number of
incidents that the victim chose to report to local or state law enforcement;
(4) the number of
alleged perpetrators that were found responsible by the disciplinary proceeding
at the institution;
(5) the number of
disciplinary proceedings at the institution that resulted in any action by the
institution greater than a warning issued to the accused;
(6) the number of
disciplinary proceedings at the institution that have closed without
resolution;
(7) the number of
disciplinary proceedings at the institution that were closed without resolution
because the accused withdrew from the institution;
(8) the number of
disciplinary proceedings at the institution that have closed without resolution
because the victim chose not to participate in the procedure; and
(9) the number of
reports made through the online reporting system established in subdivision 5,
excluding reports submitted anonymously.
(b) The data reported
as part of this subdivision shall be provided as summary data as defined by
section 13.02, subdivision 19, and shall not identify alleged victims or
perpetrators of crimes.� The report
required by this section must be submitted to the Office of Higher
Education.� The Office of Higher
Education shall publish the data reported under this subdivision on its Web
site.� Each technical college, community
college, or state university shall, and the University of Minnesota is
requested to, publish the data reported as part of this subdivision on its Web
site.� This subdivision does not require
disclosure of data that would violate state or federal laws governing access to
student records.
Sec. 8.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 7.� Access
to data; audit trail.� (a)
Data on incidents of sexual assault shared with campus security officers or
campus administrators responsible for investigating or adjudicating complaints
of sexual assault are classified as private data on individuals as defined by
section 13.02, subdivision 12.
(b) Only individuals
with explicit authorization from an institution may enter, update, or access
electronic data collected, created, or maintained under this section.� The ability of authorized individuals to
enter, update, or access data must be limited through the use of role-based
access that corresponds to the official duties or training level of the
individual and the institutional authorization that grants access for that
purpose.� All queries and responses, and
all actions in which data are entered, updated, accessed, shared, or
disseminated outside of the institution, must be recorded in a data audit
trail.� An institution shall immediately
and permanently revoke the authorization of any individual determined to have
willfully entered, updated, accessed, shared, or disseminated data in violation
of this subdivision or any provision of chapter 13.� If an individual is determined to have
willfully gained access to data without explicit authorization, the matter
shall be forwarded to a county attorney for prosecution.
Sec. 9.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 8.� Comprehensive
training.� (a) The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, provide campus security officers and
campus administrators responsible for investigating or adjudicating complaints
of sexual assault with comprehensive training on preventing and responding to
sexual assault in collaboration with the Bureau of Criminal Apprehension or
another law enforcement agency with expertise in criminal sexual conduct.� The training for campus security officers
shall include a presentation on the dynamics of sexual assault, neurobiological
responses to trauma, and best practices for preventing, responding to, and
investigating sexual assault.� The
training for campus administrators responsible for investigating or
adjudicating complaints on sexual assault shall include presentations on
preventing sexual assault, responding to incidents of sexual assault, the
dynamics of sexual assault, neurobiological responses to trauma, and compliance
with state and federal laws on sexual assault.
(b) The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, require that each incoming student
complete training on sexual assault no later than ten business days after the
start of a student's first semester of classes.�
Once a student completes such training, institutions must document the
completion of such a course on the student's transcript.� Students who previously completed a campus
training on sexual assault that is documented on their transcript are exempt
from this requirement.� This training
shall include information about topics including, but not limited to, sexual
assault as defined in subdivision 2; consent as defined in section 609.341,
subdivision 4; preventing and reducing the prevalence of sexual assault;
procedures for reporting campus sexual assault; and campus resources on sexual
assault, including organizations that support victims of sexual assault.
(c) The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, annually train individuals responsible
for responding to reports of sexual assault.�
This training shall include information about best practices for
interacting with victims of sexual assault, including how to reduce the
emotional distress resulting from the reporting, investigatory, and
disciplinary process.
(d) Each private
postsecondary institution that is registered under section 136A.65 must comply
with the requirements of this subdivision.
Sec. 10.� Minnesota Statutes 2014, section 135A.15, is
amended by adding a subdivision to read:
Subd. 9.� Student
health services.� (a) The
Board of Trustees of the Minnesota State Colleges and Universities shall, and
the University of Minnesota is requested to, develop and implement a policy
that requires student health service providers to screen students for incidents
of sexual assault.� Student health
service providers shall offer students information on resources available to
victims and survivors of sexual assault including counseling, mental health
services, and procedures for reporting incidents of sexual assault to the
institution.
(b) The Board of
Trustees of the Minnesota State Colleges and Universities shall, and the
University of Minnesota is requested to, require that each institution offering
student health or counseling services designate an existing staff member or
existing staff members as confidential resources for victims of sexual
assault.� The confidential resource must
be available to meet with victims of sexual assault on a walk-in basis.� The confidential resource must provide
victims of sexual assault with information about locally available resources
for victims of sexual assault, including, but not limited to, mental health
services and legal assistance.� The
confidential resource must provide victims of sexual assault with information
about the process for reporting an incident of sexual assault to campus
authorities or local law enforcement.�
The victim of sexual assault shall decide whether to report an incident
of sexual assault to campus authorities or local law enforcement.� Confidential resources must be trained in all
aspects of responding to incidents of sexual assault including, but not limited
to, best practices for interacting with victims of trauma, preserving evidence,
campus disciplinary and local legal processes, and locally available resources
for victims of sexual assault.� Data
shared with a confidential resource is classified as sexual assault communication
data as defined by section 13.822, subdivision 1.
(c) Each private
postsecondary institution that is registered under section 136A.65 must comply
with the requirements of this subdivision.
EFFECTIVE
DATE.� The policy required
under this subdivision must be in place by January 1, 2017.
Sec. 11.� [626.891]
COOPERATION WITH POSTSECONDARY INSTITUTIONS.
Local law enforcement
agencies, including law enforcement agencies operated by statutory cities, home
rule charter cities, and counties, must enter into and honor the memoranda of
understanding required under section 135A.15.
Sec. 12.� EFFECTIVE
DATE.
This act is effective
August 1, 2016."
Amend the title as follows:
Page 1, line 2, delete "data
practices;"
Page 1, line 6, after "data;"
insert "providing data classifications;"
Correct the title numbers accordingly
With the recommendation that when so
amended the bill be re-referred to the Committee on Public Safety and Crime
Prevention Policy and Finance.
The
report was adopted.
Gunther from the Committee on Greater
Minnesota Economic and Workforce Development Policy to which was referred:
H. F. No. 751, A bill
for an act relating to workforce development; providing a job training tax
credit; requiring a report; appropriating money; proposing coding for new law
in Minnesota Statutes, chapters 116L; 290.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Job Growth and
Energy Affordability Policy and Finance.
The
report was adopted.
Mack
from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 753, A bill
for an act relating to health; adding mental health professionals and
independent clinical social workers to the health professional education loan
forgiveness program; appropriating money; amending Minnesota Statutes 2014,
section 144.1501, subdivisions 1, 2, 3.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Greater
Minnesota Economic and Workforce Development Policy.
The
report was adopted.
Nornes
from the Committee on Higher Education Policy and Finance to which was
referred:
H. F. No. 777, A bill
for an act relating to higher education; creating a grant program for spinal
cord injury and traumatic brain injury research; establishing the spinal cord
and traumatic brain injury advisory council; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 136A.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Government
Operations and Elections Policy.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 789, A bill
for an act relating to education; directing the Board of Teaching to adopt
standards for a specialized license, endorsement, or credential for
project-based learning; requiring a project-based learning proposal; amending
Minnesota Statutes 2014, section 122A.09, by adding a subdivision.
Reported the same back with the recommendation
that the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Cornish
from the Committee on Public Safety and Crime Prevention Policy and Finance to
which was referred:
H. F. No. 801, A bill
for an act relating to public safety; establishing a new arson offense;
amending Minnesota Statutes 2014, section 609.5641, subdivision 1a; proposing
coding for new law in Minnesota Statutes, chapter 609.
Reported the same back with the
recommendation that the bill be placed on the General Register.
The
report was adopted.
Mack
from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 803, A bill
for an act relating to health; adding mental health professionals and county
social workers specializing in child protection to the health professional
education loan forgiveness program; appropriating money; amending Minnesota
Statutes 2014, section 144.1501, subdivisions 1, 2, 3.
Reported the same back with the
following amendments:
Page
1, line 22, delete "8" and insert "18"
With the recommendation that when so
amended the bill be re-referred to the Committee on Greater Minnesota Economic
and Workforce Development Policy.
The
report was adopted.
Hoppe
from the Committee on Commerce and Regulatory Reform to which was referred:
H. F. No. 953, A bill
for an act relating to real property; clarifying the mortgage foreclosure by
advertisement publication requirements; amending Minnesota Statutes 2014,
section 582.25; proposing coding for new law in Minnesota Statutes, chapter
580.
Reported the same back with the
following amendments:
Page 1, after line 10, insert:
"Sec. 2.� Minnesota Statutes 2014, section 580.15, is
amended to read:
580.15
PERPETUATING EVIDENCE OF SALE.
Any party desiring to perpetuate the
evidence of any sale made in pursuance of this chapter may procure:
(1) an affidavit of the publication of
the notice of sale and of any notice of postponement to be made by the printer
of the newspaper in which the same was inserted or by some person in the
printer's employ knowing the facts, including that the newspaper is a
qualified newspaper and that its known office of issue is located in the county
in which the mortgaged premises, or some part thereof, is located;
(2) an affidavit or return of service
of such notice upon the occupant of the mortgaged premises to be made by the
officer or person making such service or, in case the premises were vacant or
unoccupied at the time the service must be made, an affidavit or return showing
that fact, to be made by the officer or person attempting to make such service;
(3) an affidavit by the person
foreclosing the mortgage, or that person's attorney, or someone knowing the
facts, setting forth the facts relating to
the military service status of the owner of the mortgaged premises at the time
of sale;
(4) an affidavit by the person
foreclosing the mortgage, or that person's attorney, or someone having
knowledge of the facts, setting forth the fact of service of notice of sale
upon the secretary of the Treasury of the United States or the secretary's
delegate in accordance with the provisions of Section 7425 of the Internal
Revenue Code of 1954 as amended by Section 109 of the Federal Tax Lien Act of
1966, and also setting forth the fact of service of notice of sale upon the
commissioner of revenue of the state of Minnesota in accordance with the
provisions of section 270C.63, subdivision 11.�
Any such affidavit recorded prior to May 16, 1967 shall be effective as
prima facie evidence of the facts therein contained as though recorded
subsequent to May 16, 1967;
(5) an affidavit by the person
foreclosing the mortgage, or that person's attorney, or someone having
knowledge of the facts, setting forth the names of the persons to whom a notice
of sale was mailed as provided by section 580.032; and
(6)
one or more affidavits by the person foreclosing the mortgage, or that person's
attorney or a person having knowledge of the facts, stating:
(i) whether section 580.021, 580.04,
580.041, 580.042, 582.039, 582.041, or 582.042 applies to the foreclosure
proceedings; and
(ii) if any or all of those sections
apply, that all notices required under those sections have been provided.
Such affidavits and returns shall be
recorded by the county recorder and they and the records thereof, and certified
copies of such records, shall be prima facie evidence of the facts therein
contained.
The affidavit provided for in clause
(3) hereof may be made and recorded for the purpose of complying with the
provisions of the Servicemembers Civil Relief Act, and may be made and recorded
at any time subsequent to the date of the mortgage foreclosure sale."
Page 5, line 27, delete "Sections
1 and 2" and insert "Sections 1 to 3"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so
amended the bill be re-referred to the Committee on Civil Law and Data
Practices.
The
report was adopted.
Mack
from the Committee on Health and Human Services Reform to which was referred:
H. F. No. 960, A bill
for an act relating to health occupations; changing licensing provisions for
the Board of Social Work; amending Minnesota Statutes 2014, sections 148E.075;
148E.080, subdivisions 1, 2; 148E.180, subdivisions 2, 5; repealing Minnesota
Statutes 2014, section 148E.060, subdivision 12.
Reported the same back with the
following amendments:
Page 6, delete section 6 and insert:
"Sec. 6.� REPEALER.
Minnesota Statutes
2014, sections 148E.060, subdivision 12; and 148E.075, subdivisions 4, 5, 6,
and 7, are repealed."
Correct the title numbers accordingly
With the recommendation that when so
amended the bill be re-referred to the Committee on Health and Human Services
Finance.
The
report was adopted.
Sanders
from the Committee on Government Operations and Elections Policy to which was
referred:
H. F. No. 1003, A bill
for an act relating to local government; permitting local governments to donate
certain surplus equipment to nonprofit organizations; proposing coding for new
law in Minnesota Statutes, chapter 471.
Reported the same back with the
following amendments:
Page 1, after line 5, insert:
"Section 1.� Minnesota Statutes 2014, section 466.03, is
amended by adding a subdivision to read:
Subd. 25.� Surplus
equipment donated.� Any tort
claim against a municipality resulting from the use of surplus equipment
donated by the municipality to a nonprofit organization under section 471.3459,
unless the claim is a direct result of fraud or intentional misrepresentation."
Page 1, line 9, delete the second
"oder" and after "town" insert ", or
joint powers entity formed by any of these local governmental units"
Page 1, line 12, after "means"
insert "public safety equipment as defined in section 466.03,
subdivision 24, equipment used by a local government public works department,
and"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after
"organizations;" insert "creating an exception to tort
liability;"
Correct the title numbers accordingly
With the recommendation that when so
amended the bill be re-referred to the Committee on Civil Law and Data
Practices.
The
report was adopted.
Sanders
from the Committee on Government Operations and Elections Policy to which was
referred:
H. F. No. 1078, A bill
for an act relating to state government; reimbursing state agencies for the
costs of providing reasonable accommodation; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 16B.
Reported the same back with the
following amendments:
Page 1, line 16, delete "executive
branch"
Page 1, line 19, delete "7.5"
and insert "15"
Page
2, after line 2, insert:
"Subd. 6.� Report.� By January 31 of each year, the
commissioner of administration must report to the chairs and ranking minority
members of the house of representatives and the senate committees with
jurisdiction over state government finance on the use of the central
accommodation fund during the prior calendar year.� The report must include:
(1) the number and
type of accommodations requested;
(2) the cost of
accommodations requested;
(3) the state
agencies from which the requests were made;
(4) the number of
requests made for employees and the number of requests for applicants for
employment;
(5) the number and
type of accommodations that were not provided;
(6) any remaining
balance left in the fund;
(7) if the fund was
depleted, the date on which funds were exhausted and the number, type, and cost
of accommodations that were not reimbursed to state agencies; and
(8) a description of
how the fund was promoted to state agencies.
Subd. 7.� Funding.� The commissioner of management and
budget must determine the amount of money to be deposited in the accommodation
account each fiscal year.� The
commissioner must require each executive agency to make payments into the
account from amounts appropriated for agency operations.� The commissioner must implement policies and
procedures to divide this amount among executive agencies.� If the commissioner determines that it is not
practical for an agency to make payments into a central account due to legal
restrictions on use of the agency's appropriations, the commissioner shall
require the agency to set aside money within its own operating funds, to be
used only for purposes of this section."
Page 2, delete section 2
Amend the title as follows:
Page 1, line 3, after the second
semicolon, insert "requiring a report; providing funding for reasonable
accommodations;"
With the recommendation that when so
amended the bill be re-referred to the Committee on State Government Finance.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 1163, A bill
for an act relating to transportation; modifying requirements for issuance of
school bus driver's license endorsement; amending Minnesota Statutes 2014,
section 171.321, subdivisions 1, 3, by adding subdivisions.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Transportation
Policy and Finance.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 1170, A bill
for an act relating to education; postsecondary; providing a teacher shortage
loan forgiveness program; authorizing rulemaking; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 136A.
Reported the same back with the
following amendments:
Delete everything after the enacting
clause and insert:
"Section 1.� [136A.1791]
TEACHER SHORTAGE LOAN FORGIVENESS PROGRAM.
Subdivision 1.� Definitions.� (a) The terms used in this section
have the meanings given them in this subdivision.
(b) "Qualified
educational loan" means a government, commercial, or foundation loan for
actual costs paid for tuition, reasonable education expenses, and reasonable
living expenses related to a teacher's education.
(c) "School
district" means an independent school district, special school district,
intermediate district, education district, special education cooperative,
service cooperative, a cooperative center for vocational education, or a
charter school located in Minnesota.
(d)
"Teacher" means an individual holding a teaching license issued by
the Board of Teaching, who is employed by a school district in a
nonadministrative teaching position in a teacher shortage area.
(e) "Teacher
shortage area" means a subject area and licensure field designated by the
commissioner of education as an area and field in which a shortage of teachers
exists in Minnesota.
Subd. 2.� Program
established; administration.� The
commissioner shall establish and administer a teacher shortage loan forgiveness
program.� A teacher is eligible for the
program if the teacher is teaching in a teacher shortage area and complies with
requirements of this section.
Subd. 3.� Annual
designation of teacher shortage areas.�
The commissioner of education shall annually designate the
subject areas and licensure field experiencing teacher shortages.� The commissioner of education shall periodically
survey school districts and approved teacher preparation programs to identify
teacher shortage areas.
Subd. 4.
(1) complete and file
an application for teacher shortage loan forgiveness.� The applicant must promptly submit any
information required by the commissioner;
(2) annually file a
new application and submit information the commissioner requires to determine
the applicant's eligibility for renewing loan forgiveness; and
(3) submit to the
commissioner a completed affidavit, prescribed by the commissioner, verifying
that the teacher is teaching in a teacher shortage area.�
Subd. 5.� Amount
of loan forgiveness.� Within
the limits of available funding, the annual amount of teacher shortage loan
forgiveness for an approved recipient shall not exceed $....... or the
cumulative balance of the recipient's qualified educational loans, including
principal and interest, whichever amount is less.� Recipients must secure their own qualified
educational loans.� A teacher who
graduates from an approved teacher preparation program is eligible to apply for
the loan forgiveness program for five consecutive years after graduation.� A teacher who adds a licensure field in a
teacher shortage area may also apply immediately after adding the licensure
field.
Subd. 6.� Penalties.� A teacher who submits a false or
misleading application or other information to the commissioner may have his or
her teaching license suspended or revoked under section 122A.20 or may be
subject to discipline by the teacher's employing school district.�
Subd. 7.� Fund
established.� A teacher
shortage loan forgiveness repayment fund is created for depositing money
appropriated to or received by the commissioner for this program.� Money deposited in the fund shall not revert
to any fund of the state at the end of any fiscal year but shall remain in the
loan forgiveness repayment fund and be continuously available for loan
forgiveness under this program.
Subd. 8.� Annual
reporting.� The commissioner,
annually by February 1, must report to the chairs of the K-12 and higher
education committees of the legislature on the number of individuals who
received loan forgiveness under this section, which teacher shortage areas
teachers taught, the amount paid to each program participant, and other
information identified by the commissioner as outcome indicators.
Subd. 9.� Rulemaking.� The commissioner shall adopt rules
under chapter 14 to administer this section.
Sec. 2.� APPROPRIATIONS.
$....... in fiscal
year 2016 and $....... in fiscal year 2017 are appropriated from the general
fund to the commissioner of the Office of Higher Education for the purposes of
the teacher shortage loan forgiveness program under Minnesota Statutes, section
136A.1791, and for creating rules to administer the program."
With the recommendation that when so
amended the bill be re-referred to the Committee on Government Operations and
Elections Policy.
The
report was adopted.
Hackbarth
from the Committee on Mining and Outdoor Recreation Policy to which was
referred:
H. F. No. 1182, A bill
for an act relating to game and fish; requiring applications for hunting and
fishing licenses to allow applicant to be organ donor and make cash
contributions for public education regarding anatomical gifts; requiring a
report; amending Minnesota Statutes 2014, section 171.075, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 97A.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Environment and
Natural Resources Policy and Finance.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 1209, A bill
for an act relating to health; requiring suicide prevention training; requiring
training for law enforcement in techniques to de-escalate mental health crises;
requiring a report; appropriating money; amending Minnesota Statutes 2014,
sections 122A.09, subdivision 4; 145.56, subdivisions 2, 4; 626.8452,
subdivision 3; 626.8455, subdivision 1.
Reported the same back with the
following amendments:
Page 4, line 14, delete "and"
and insert "or best practice for"
Page 4, line 15, delete "that
is approved as a best practice"
With the recommendation that when so
amended the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Erickson
from the Committee on Education Innovation Policy to which was referred:
H. F. No. 1219, A bill
for an act relating to education; reporting data on homeless and highly mobile
students; amending Minnesota Statutes 2014,
sections 120B.30, subdivision 3; 120B.31, subdivision 4; 120B.36, subdivision
1.
Reported the same back with the
following amendments:
Page 1, line 10, after "including"
insert "young children and"
With the recommendation that when so
amended the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Schomacker
from the Committee on Aging and Long-Term Care Policy to which was referred:
H. F. No. 1221, A bill
for an act relating to human services; providing nursing facility construction
project rate adjustments for certain facilities; amending Minnesota Statutes
2014, section 256B.434, by adding a subdivision.
Reported the same back with the
following amendments:
Page
1, line 16, after "beds" insert ", but not more than
160 active beds,"
Page 1, line 17, delete "$12"
and insert "$12.50"
With the recommendation that when so
amended the bill be re-referred to the Committee on Health and Human Services
Finance.
The
report was adopted.
Sanders from the
Committee on Government Operations and Elections Policy to which was referred:
H. F. No. 1261, A bill
for an act relating to state government; regulating rulemaking by state
agencies; providing process requirements for rules that have substantial
economic impact; amending Minnesota Statutes 2014, sections 14.02, by adding a
subdivision; 14.05, subdivisions 1, 2; 14.116; 14.127; 14.131; 14.388,
subdivision 2; 14.389, subdivision 2; 14.44; 14.45.
Reported the same back with the
recommendation that the bill be re-referred to the Committee on Civil Law and
Data Practices.
The
report was adopted.
SECOND READING OF HOUSE BILLS
����� H. F. No. 801
was read for the second time.
SECOND READING OF SENATE BILLS
����� S. F. No. 578
was read for the second time.
INTRODUCTION AND
FIRST READING OF HOUSE BILLS
����� The following House Files were introduced:
Murphy, E., introduced:
H. F. No. 1464, A bill for an act
relating to education; requiring school readiness teachers to be licensed;
clarifying teacher licensure requirements for early childhood family education
programs; clarifying the definition of teacher; amending Minnesota Statutes
2014, sections 122A.26, subdivision 2; 122A.60, subdivision 1; 124D.13,
subdivision 11; 124D.15, subdivision 3; 179A.03, subdivision 14; proposing
coding for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Metsa;
Murphy, M., and Melin introduced:
H. F. No. 1465, A bill for an act
relating to capital investment; appropriating money for capital improvements at
the Northeast Regional Correctional Center (NERCC); authorizing the sale and
issuance of state bonds.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Loonan introduced:
H. F. No. 1466, A bill for an act
relating to liquor; authorizing
microdistilleries to make off-sales and self‑distribute; authorizing
microdistilleries to obtain temporary licenses for social events; amending
Minnesota Statutes 2014, sections 340A.22, subdivision 1; 340A.404,
subdivision 10.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Anderson, S.; Freiberg; Carlson;
Hornstein and Dehn, R., introduced:
H. F. No. 1467, A bill for an act
relating to condemnation; limiting railroad condemnation power in Hennepin
County for public safety reasons; proposing coding for new law in Minnesota
Statutes, chapter 383B.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Peterson, Davids, Albright and Zerwas
introduced:
H. F. No. 1468, A bill for an act
relating to human services; expanding exclusion from human services licensure
for school-age programs; amending Minnesota Statutes 2014, section 245A.03,
subdivision 2.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Johnson, B., introduced:
H. F. No. 1469, A bill for an act
relating to transportation; capital investment; appropriating money for
improvements to marked Trunk Highway 95 in the city of Cambridge; authorizing
the sale and issuance of state bonds.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Smith introduced:
H. F. No. 1470, A bill for an act
relating to the secretary of state; regulating business fees and filings;
amending Minnesota Statutes 2014, sections 272.484; 303.19; 304A.301,
subdivisions 1, 5, 6, by adding a subdivision; 336A.09, subdivision 1.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
Metsa
and Murphy, M., introduced:
H. F. No. 1471, A bill for an act
relating to capital investment; appropriating money for capital improvements at
the Northeast Regional Corrections Center (NERCC); authorizing the sale and
issuance of state bonds.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
O'Driscoll, Hoppe, Atkins, Vogel,
Applebaum and Scott introduced:
H. F. No. 1472, A bill for an act
relating to real property; mortgages; clarifying provisions relating to
foreclosure sales; amending Minnesota Statutes 2014, sections 580.07,
subdivision 2; 580.30, subdivision 1; 582.25.
The bill was read for the first time
and referred to the Committee on Civil Law and Data Practices.
Torkelson and Swedzinski introduced:
H. F. No. 1473, A bill for an act
relating to capital investment; appropriating money for the Lake Redwood
reclamation and enhancement project; authorizing the sale and issuance of state
bonds.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Davids introduced:
H. F. No. 1474, A bill for an act
relating to public finance; providing longer terms for equipment certificates
for certain ice arena equipment; increasing limits for owned housing; changing
voting requirements for street construction; modifying credit enhancement for
school district refunding bonds; amending Minnesota Statutes 2014, sections
126C.40, subdivision 1; 126C.55, subdivision 1; 366.095, subdivision 1;
383B.117, subdivision 2; 410.32; 412.301; 446A.086, subdivision 2, by adding a
subdivision; 469.034, subdivision 2; 469.101, subdivision 1; 475.58,
subdivision 3b; 475.60, subdivision 2.
The bill was read for the first time
and referred to the Committee on Taxes.
Albright introduced:
H. F. No. 1475, A bill for an act
relating to health insurance; requiring coverage under health plans for certain
prescription eyedrops refills; proposing coding for new law in Minnesota
Statutes, chapter 62A.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Persell, Loeffler, Baker, Liebling,
Schoen, Zerwas, Fischer and Simonson introduced:
H. F. No. 1476, A bill for an act
relating to health; requiring reports on medications used for the treatment of
opioid addiction; amending Minnesota Statutes 2014, sections 152.126,
subdivisions 1, 4; 245A.192, subdivision 9.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Uglem,
Cornish, Hansen, Green, Hackbarth, Hornstein, Torkelson, Fenton and Poppe
introduced:
H. F. No. 1477, A bill for an act
relating to solid waste; amending uses of state grants to counties for solid
waste reduction and recycling; amending allocation of solid waste management
tax revenues; requiring a study; appropriating
money; amending Minnesota Statutes 2014, sections 115A.557, subdivision 2;
297H.13, subdivision 2.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Garofalo introduced:
H. F. No. 1478, A bill for an act
relating to taxation; sales and use; modifying the base of the metropolitan
area sales tax; amending Minnesota Statutes 2014, section 297A.992, by adding a
subdivision.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Garofalo introduced:
H. F. No. 1479, A bill for an act
relating to taxation; income; establishing a credit and subtraction for certain
contributions for higher education expenses; amending Minnesota Statutes 2014,
section 290.01, subdivision 19b; proposing coding for new law in Minnesota
Statutes, chapter 290.
The bill was read for the first time
and referred to the Committee on Higher Education Policy and Finance.
Erickson introduced:
H. F. No. 1480, A bill for an act
relating to education; modifying certain Board of Teaching provisions;
appropriating money; amending Minnesota Statutes 2014, section 122A.07,
subdivisions 2, 4.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Wagenius and Hansen introduced:
H. F. No. 1481, A bill for an act
relating to natural resources; establishing no net loss of prairie provisions;
proposing coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Albright, Schoen, Garofalo, Melin and
Zerwas introduced:
H. F. No. 1482, A bill for an act
relating to health; changing provisions in the medical cannabis program;
amending Minnesota Statutes 2014, sections 144.99, subdivision 1; 152.22,
subdivision 4; 152.25, subdivision 1; 152.26; 152.27, subdivisions 2, 6;
152.29, subdivisions 1, 2, 3; 152.32, subdivision 2; Laws 2014, chapter 311,
section 20; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Heintzeman;
Murphy, M.; Dill; Gunther; Urdahl and Gruenhagen introduced:
H. F. No. 1483, A bill for an act
relating to historical societies; creating employment and contracting
provisions for historic conservation corps; amending Minnesota Statutes 2014,
sections 177.43, subdivision 2; 268.035, subdivision 20; 471.59, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 138.
The bill was read for the first time
and referred to the Committee on Greater Minnesota Economic and Workforce
Development Policy.
Slocum introduced:
H. F. No. 1484, A bill for an act
relating to public safety; amending harassment restraining order provisions on
definitions, jurisdiction, notice, service, and relief; amending Minnesota
Statutes 2014, section 609.748.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Erickson introduced:
H. F. No. 1485, A bill for an act
relating to education; allowing charter schools to give an enrollment
preference to children who are eligible for a free or reduced-price lunch;
amending Minnesota Statutes 2014, section 124D.10, subdivision 9.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Slocum introduced:
H. F. No. 1486, A bill for an act
relating to public safety; expanding the criminal justice data communications
network; appropriating money; amending Minnesota Statutes 2014, section
299C.46, subdivision 6.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Hausman; Murphy, E.; Johnson, S.;
Mariani; Mahoney; Dean, M.; Davids; Dehn, R., and Clark introduced:
H. F. No. 1487, A bill for an act
relating to capital investment; appropriating money for improvements for the
Minnesota Museum of American Art including an integrated education facility;
authorizing the sale and issuance of state bonds.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Schoen and Zerwas introduced:
H. F. No. 1488, A bill for an act
relating to employment; appropriating money for grants to day training and
habilitation providers to implement Olmstead Plan employment goals.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Hancock,
Torkelson, Dill, McNamara, Hansen and Persell introduced:
H. F. No. 1489, A bill for an act
relating to natural resources; modifying Wetland Conservation Act; requiring
rulemaking; requiring a report; appropriating money; amending Minnesota
Statutes 2014, sections 103B.101, by adding a subdivision; 103B.3355; 103F.612,
subdivision 2; 103G.005, by adding a subdivision; 103G.222, subdivisions 1, 3;
103G.2242, subdivisions 1, 2, 3, 4, 12, 14; 103G.2251.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Rarick; Torkelson; Johnson, C.;
McNamara; Dill; Hansen; Fischer and Persell introduced:
H. F. No. 1490, A bill for an act
relating to natural resources; providing for comprehensive watershed
management; amending Minnesota Statutes 2014, sections 103A.206; 103B.101, by
adding a subdivision; 103C.101, by adding a subdivision; 103C.401, subdivision
1; 103C.501, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 103B.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Lesch and Scott introduced:
H. F. No. 1491, A bill for an act
relating to public safety; regulating the use of unmanned aerial vehicles by
law enforcement agencies; proposing coding for new law in Minnesota Statutes,
chapter 626.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Selcer, McDonald, Masin, Hausman,
Hornstein, Bernardy and Schoen introduced:
H. F. No. 1492, A bill for an act
relating to accessibility; modifying traffic and parking signs, restroom signs,
and digital media; removing the words "handicap" and
"disability" from parking and traffic signs and state digital media;
requiring modification of symbol indicating accessibility; amending Minnesota
Statutes 2014, section 326B.106, subdivision 9.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Loonan, Considine, Howe and Rarick
introduced:
H. F. No. 1493, A bill for an act
relating to insurance; prohibiting the enforcement of certain restrictive covenants against involuntarily terminated
agents; proposing coding for new law in Minnesota Statutes, chapter 60A.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Howe;
O'Driscoll; Theis; Kresha; Heintzeman; Swedzinski; Loonan; Torkelson; Urdahl;
Backer; Anderson, P.; Green; Fabian; Baker; Hamilton and Pugh introduced:
H. F. No. 1494, A bill for an act
relating to water; modifying groundwater appropriation permit requirements;
amending Minnesota Statutes 2014, section 103G.287, subdivision 2.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Green; Lohmer; Hancock; Schoen; Zerwas;
Fischer; Gruenhagen; Fabian; Johnson, B.; Heintzeman and Garofalo introduced:
H. F. No. 1495, A bill for an act
relating to transportation; appropriating money for State Patrol troopers.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Schultz, Liebling, Loeffler and Fischer
introduced:
H. F. No. 1496, A bill for an act
relating to health; eliminating the MNsure Board; designating MNsure as a state
agency; changing rulemaking provisions; amending Minnesota Statutes 2014,
sections 15.01; 15A.0815, subdivision 2; 62V.02, subdivisions 2, 11; 62V.03;
62V.04; 62V.05; 62V.06; 62V.07; 62V.08; 62V.09; repealing Minnesota Statutes
2014, section 62V.11.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Urdahl; Daudt; Ward; Erickson; Miller;
Pugh; Swedzinski; Howe; Franson; Cornish; Anderson, S.; Torkelson; Heintzeman;
Backer; Kresha; O'Driscoll; Lesch; Lillie; Drazkowski; Dean, M.; Anderson, M.,
and Green introduced:
H. F. No. 1497, A bill for an act
relating to education; amending state high school graduation requirements;
requiring students to demonstrate their knowledge of civics as a condition of
receiving a high school diploma; amending Minnesota Statutes 2014, sections
120B.02, subdivision 2, by adding a subdivision; 120B.021, subdivision 1;
120B.024, subdivision 1; 120B.36, subdivision 1.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Runbeck, Albright, Ward, Newton and
Dean, M., introduced:
H. F. No. 1498, A bill for an act
relating to state grants; preventing the state from entering into a grant
agreement with grantees disclosing certain information; requiring the attorney
general to post federal tax information filed by charitable organizations on
the attorney general's charities database Web site; amending Minnesota Statutes
2014, sections 16B.98, subdivision 5; 309.54, subdivision 1.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
Schultz;
Bly; Johnson, C.; Anderson, P.; Hamilton and Allen introduced:
H. F. No. 1499, A bill for an act
relating to agriculture; appropriating money for grants and to identify best
practices for food hubs and alternative community-based food distribution
systems; requiring a report.
The bill was read for the first time
and referred to the Committee on Agriculture Finance.
Schoen, Zerwas, Lesch and Cornish
introduced:
H. F. No. 1500, A bill for an act
relating to public safety; appropriating money for a crime victim support
grant.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Anderson, M., and Newberger introduced:
H. F. No. 1501, A bill for an act
relating to public safety; traffic regulations; providing for optional
community service in lieu of a monetary fine for certain violations; amending
Minnesota Statutes 2014, section 169.89, subdivision 2.
The bill was read for the first time
and referred to the Committee on Public Safety and Crime Prevention Policy and
Finance.
Schultz, Simonson, Sundin and Metsa
introduced:
H. F. No. 1502, A bill for an act
relating to liquor; authorizing an intoxicating liquor license for a golf
course in Duluth.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Barrett introduced:
H. F. No. 1503, A bill for an act
relating to health; making changes concerning the collection and disposal of
legend drugs as pharmaceutical waste; amending Minnesota Statutes 2014,
sections 151.01, by adding a subdivision; 151.37,
subdivisions 2, 6, 7, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 152.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Simonson introduced:
H. F. No. 1504, A bill for an act
relating to natural resources; providing for publicly created wetland banking
credits; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 103G.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Newberger
and Gruenhagen introduced:
H. F. No. 1505, A bill for an act
relating to energy; amending the state greenhouse gas emissions goals; amending
Minnesota Statutes 2014, sections 3.8851, subdivision 3; 116J.437, subdivision
1; 216B.2422, subdivisions 2c, 4; 216H.02, subdivision 1; 216H.021, subdivision
1; 216H.07; repealing Minnesota Statutes 2014, section 216H.02, subdivisions 2,
3, 4, 5, 6.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Lucero introduced:
H. F. No. 1506, A bill for an act
relating to education; modifying certain postsecondary credit provisions;
appropriating money; amending Minnesota Statutes 2014, sections 120B.125;
120B.131; 123A.22, subdivision 4; 123B.31; 124D.09; 124D.091, subdivision 3;
136D.73, subdivision 4c; repealing Minnesota Statutes 2014, section 120B.14.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Zerwas and Peppin introduced:
H. F. No. 1507, A bill for an act
relating to education finance; modifying definition of equity region; amending
Minnesota Statutes 2014, section 126C.10, subdivision 28.
The bill was read for the first time
and referred to the Committee on Education Finance.
O'Driscoll introduced:
H. F. No. 1508, A bill for an act
relating to retirement; statewide and major local public retirement plans;
eliminating various outdated or obsolete allowable service credit provisions;
eliminating other outdated date references in pension provisions; clarifying or
eliminating other ambiguous retirement provisions; correcting various
pension-related headnotes; amending Minnesota Statutes 2014, sections 352.01,
subdivisions 11, 15; 352.021, subdivisions 1, 3, 4; 352.029, subdivision 2;
352.22, subdivisions 8, 10; 352.23; 352.75, subdivision 2; 352.87, subdivision
8; 352B.011, subdivision 3; 352B.07; 352B.25; 353.01, subdivisions 2b, 6, 16,
17; 353.017, subdivision 2; 353.46, subdivision 2; 353.64, subdivisions 7a, 8,
9, 10; 353D.071, subdivision 2; 354.05, subdivisions 10, 13, 25; 354.07,
subdivision 5; 354.092, subdivision 4; 354.42, subdivision 1a; 354.44,
subdivisions 8, 9; 354.45, subdivision 1a; 354.48, subdivision 3; 354.51,
subdivisions 1, 5; 354.52, subdivision 4c; 354.55, subdivision 10; 354A.011,
subdivision 6; 354A.092; 354A.12, subdivision 3c; 354A.31, subdivision 7;
354A.42; 356.215, subdivisions 1, 18; 356.245; 356.40; 356.405; 356.407,
subdivision 1; 356.415, subdivisions 1, 1a, 1d, 1e, 1f; 356.431; 356.62;
356B.10, subdivisions 2, 3, 4, 5, 6, 7; 423A.02, subdivision 1b; 424A.001,
subdivision 10; repealing Minnesota Statutes 2014, sections 352.271; 352.75,
subdivisions 1, 3, 4, 5, 6; 352.76; 352.91, subdivisions 3a, 3b; 352B.29;
353.83; 353.84; 353.85; 354.146, subdivisions 1, 3; 354.33, subdivisions 5, 6;
354.39; 354.55, subdivisions 13, 16, 17, 18, 19; 354.58; 354A.35, subdivision
2a; 356.42; 356.49, subdivision 2; 424A.03, subdivision 3.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
Nash;
Pugh; Howe; Hoppe; Bly; Simonson; Albright; Anderson, S.; Scott; Drazkowski;
Fabian; Anderson, M.; Johnson, B., and Winkler introduced:
H. F. No. 1509, A bill for an act
relating to liquor; allowing microdistilleries to sell bottles at off-sale;
amending Minnesota Statutes 2014, section 340A.22, by adding a subdivision.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Uglem introduced:
H. F. No. 1510, A bill for an act
relating to capital investment; appropriating money for restoration of the
Champlin Mill Pond; authorizing the sale and issuance of state bonds.
The bill was read for the first time and
referred to the Committee on Environment and Natural Resources Policy and
Finance.
Johnson, C., introduced:
H. F. No. 1511, A bill for an act
relating to public safety; drivers' licenses; making placement of residence
addresses on drivers' licenses optional; eliminating the fee charged to change
the residence address on a driver's license record; establishing a computerized
records system; authorizing Internet access; specifying system access
requirements; amending Minnesota Statutes 2014, sections 171.07, subdivisions
1, 3; 171.11; 171.12, by adding a subdivision; 171.121.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Peppin, Lucero and Smith introduced:
H. F. No. 1512, A bill for an act relating
to transportation; capital investment; appropriating money for an interchange
on marked Interstate Highway 94 in Dayton; authorizing the sale and issuance of
state bonds.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
McNamara and Anzelc introduced:
H. F. No. 1513, A bill for an act
relating to taxation; minerals; taconite production tax distributions; amending
Minnesota Statutes 2014, section 298.28, by adding a subdivision.
The bill was read for the first time
and referred to the Committee on Mining and Outdoor Recreation Policy.
Loonan and Baker introduced:
H. F. No. 1514, A bill for an act
relating to lawful gambling; clarifying an exemption for certain raffles;
amending Minnesota Statutes 2014, section 349.166, subdivision 2.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Peterson,
Hamilton, Davnie, Poppe, Pierson and Johnson, C., introduced:
H. F. No. 1515, A bill for an act
relating to workforce development; appropriating money for a grant to Ka Joog
for a job skills and workforce development pilot program; appropriating money
for grants to expand Takeoff 4-H STEAM for Somali youth.
The bill was read for the first time and
referred to the Committee on Greater Minnesota Economic and Workforce
Development Policy.
Metsa, Anzelc, Melin and Dill
introduced:
H. F. No. 1516, A bill for an act
relating to capital investment; appropriating money for an economic development
center and a mental health facility; authorizing the sale and issuance of state
bonds.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Norton, Nornes, Christensen, Pelowski
and Rosenthal introduced:
H. F. No. 1517, A bill for an act
relating to higher education; requiring development of a plan to encourage
students to finish their degree programs; requiring reports.
The bill was read for the first time
and referred to the Committee on Higher Education Policy and Finance.
McDonald, Norton, Peterson and Zerwas
introduced:
H. F. No. 1518, A bill for an act
relating to human services; changing provisions governing critical access
dental providers; amending Minnesota Statutes 2014, section 256B.76,
subdivision 4.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
Swedzinski, Hoppe, Anzelc, Atkins,
Lillie and Sanders introduced:
H. F. No. 1519, A bill for an act
relating to lawful gambling; modifying provisions relating to gambling
managers; providing for certain raffles; increasing prize limits; prescribing
local regulation; amending Minnesota Statutes 2014, sections 349.12,
subdivision 19; 349.167, subdivisions 1, 2; 349.173; 349.181, subdivision 2;
349.211, subdivision 1; 349.213, subdivision 1.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Hoppe introduced:
H. F. No. 1520, A bill for an act
relating to state government; changing Legislative Coordinating Commission
provisions; clarifying retirement plan coverage for certain part-time
legislative employees; amending Minnesota Statutes 2014, sections 3.225,
subdivisions 2, 3, 5; 3.303, subdivisions 3, 10; 352.01, subdivisions 2a, 2b;
352D.02, subdivision 1.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
Hoppe
introduced:
H. F. No. 1521, A bill for an act
relating to retirement; Minnesota State Retirement System; clarifying
retirement plan coverage for certain part-time legislative employees; amending
Minnesota Statutes 2014, sections 352.01, subdivisions 2a, 2b; 352D.02,
subdivision 1.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
O'Neill, Garofalo, Anzelc and Lueck
introduced:
H. F. No. 1522, A bill for an act
relating to energy; allowing public utility commission approval for rate
recovery for natural gas extension projects; proposing coding for new law in
Minnesota Statutes, chapter 216B.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Wagenius introduced:
H. F. No. 1523, A bill for an act
relating to environment; establishing Minnesota Environmental Contamination
Awareness Act; amending Minnesota Statutes 2014, section 115C.06, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 115B.
The bill was read for the first time
and referred to the Committee on Environment and Natural Resources Policy and
Finance.
Zerwas; Scott; Halverson; Ward; Smith;
Johnson, B.; Vogel; Hoppe and Rosenthal introduced:
H. F. No. 1524, A bill for an act
relating to civil actions; regulating interest on verdicts, awards, and
judgments; amending Minnesota Statutes 2014, section 549.09, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 549.
The bill was read for the first time
and referred to the Committee on Civil Law and Data Practices.
Loon; Masin; Nash; Halverson; Smith;
Loonan; Anderson, S.; Pugh and Selcer introduced:
H. F. No. 1525, A bill for an act
relating to transportation; modifying the composition of the Transportation
Advisory Board of the Metropolitan Council; amending Minnesota Statutes 2014,
section 473.146, subdivision 4.
The bill was read for the first time
and referred to the Committee on Government Operations and Elections Policy.
Albright;
Masin; Halverson; Mack; Smith; Loon; Loonan; Anderson, S.; Pugh and Selcer
introduced:
H. F. No. 1526, A bill for an act
relating to transportation; appropriating funds for a suburban connections
demonstration project.
The bill was read for the first time
and referred to the Committee on Transportation Policy and Finance.
Bernardy, Ward, Mariani, Clark, Davnie,
Yarusso, Fischer, Youakim and Hansen introduced:
H. F. No. 1527, A bill for an act
relating to education; lowering the age of compulsory attendance from seven to
six; amending Minnesota Statutes 2014, sections 120A.22, subdivisions 5, 11;
120A.24, subdivision 1; 121A.15, subdivisions 2, 3, 4; 121A.17, subdivision 5;
125A.02, subdivision 1a; 125A.28.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Bernardy, Mariani, Ward, Fischer,
Yarusso and Hansen introduced:
H. F. No. 1528, A bill for an act
relating to education; clarifying advanced placement and international
baccalaureate program requirements; appropriating money; amending Minnesota
Statutes 2014, section 120B.13, subdivisions 1, 4.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Fenton, Miller, O'Driscoll, Pugh,
Lohmer, Nash, Christensen and Wills introduced:
H. F. No. 1529, A bill for an act
relating to education; creating Education Savings Accounts for Students with
Special Needs Act; appropriating money.
The bill was read for the first time
and referred to the Committee on Education Innovation Policy.
Rosenthal, Davids, Gunther, Lien,
Anzelc, Gruenhagen, Metsa, Hornstein, Simonson, Erhardt and Kiel introduced:
H. F. No. 1530, A bill for an act
relating to taxation; income; providing tax credits to encourage charitable
contributions; establishing an endow Minnesota program; appropriating money;
amending Minnesota Statutes 2014, sections 290.06, by adding a subdivision;
297I.20, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 116J.
The bill was read for the first time
and referred to the Committee on Job Growth and Energy Affordability Policy and
Finance.
Urdahl,
Franson, Marquart, Simonson, Lien and O'Neill introduced:
H. F. No. 1531, A bill for an act
relating to natural resources; appropriating money for grants recommended by
the Greater Minnesota Regional Parks and Trails Commission.
The bill was read for the first time
and referred to the Committee on Legacy Funding Finance.
Atkins and Hausman introduced:
H. F. No. 1532, A bill for an act
relating to economic development; requiring a report regarding the economic
impact of noncompete agreements.
The bill was read for the first time
and referred to the Committee on Commerce and Regulatory Reform.
Allen and Moran introduced:
H. F. No. 1533, A bill for an act
relating to human services; expanding general assistance eligibility; amending
Minnesota Statutes 2014, sections 256D.01, subdivision 1a; 256D.05, subdivision
1.
The bill was read for the first time
and referred to the Committee on Health and Human Services Reform.
REQUEST
PURSUANT TO RULE 4.31
Pursuant to rule 4.31, Winkler gave
notice that he is requesting the return to the House of H. F. No. 43 from the
Committee on Government Operations and Elections Policy.
CALENDAR FOR THE DAY
����� H. F. No. 2 was reported to the House.
Mariani moved to amend H. F. No. 2, the third engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1.� Minnesota Statutes 2014, section 122A.09, subdivision 4, is amended to read:
Subd. 4.� License and rules.� (a) The board must adopt rules to license public school teachers and interns subject to chapter 14.
(b) The board must adopt rules requiring a
person to pass a college-level skills examination in reading, writing,
and mathematics or attain either a composite score composed of the average
of the essentially equivalent passing scores in English and writing,
reading, and mathematics on the ACT Plus Writing recommended by the board, or an
equivalent composite score composed of the average of the essentially
equivalent passing scores in critical reading, mathematics, and writing on
the SAT recommended by the board, as a requirement for initial teacher
licensure, except that the board may issue up to two temporary, one-year
teaching licenses to an otherwise qualified candidate
who
has not yet passed the college-level skills exam or attained the
requisite composite score essentially equivalent passing scores on the ACT
Plus Writing or SAT.� Such rules must
require college and universities offering a board‑approved teacher
preparation program to provide remedial assistance to persons who did not
achieve a qualifying score on the college-level skills
examination or attain the requisite composite score essentially
equivalent passing scores on the ACT Plus Writing or SAT, including those
for whom English is a second language.� The
requirement to pass a reading, writing, and mathematics college-level
skills examination or attain the requisite composite score essentially
equivalent passing scores on the ACT Plus Writing or SAT does not apply to
nonnative English speakers, as verified by qualified Minnesota school district
personnel or Minnesota higher education faculty, who, after meeting the content
and pedagogy requirements under this subdivision, apply for a teaching license
to provide direct instruction in their native language or world language
instruction under section 120B.022, subdivision 1.� A teacher candidate's official ACT Plus
Writing or SAT composite score report to the board must not be more than ten
years old at the time of licensure.
(c) The board must adopt rules to approve teacher preparation programs.� The board, upon the request of a postsecondary student preparing for teacher licensure or a licensed graduate of a teacher preparation program, shall assist in resolving a dispute between the person and a postsecondary institution providing a teacher preparation program when the dispute involves an institution's recommendation for licensure affecting the person or the person's credentials.� At the board's discretion, assistance may include the application of chapter 14.
(d) The board must provide the leadership and adopt rules for the redesign of teacher education programs to implement a research based, results-oriented curriculum that focuses on the skills teachers need in order to be effective.� The board shall implement new systems of teacher preparation program evaluation to assure program effectiveness based on proficiency of graduates in demonstrating attainment of program outcomes.� Teacher preparation programs including alternative teacher preparation programs under section 122A.245, among other programs, must include a content-specific, board-approved, performance-based assessment that measures teacher candidates in three areas:� planning for instruction and assessment; engaging students and supporting learning; and assessing student learning.� The board's redesign rules must include creating flexible, specialized teaching licenses, credentials, and other endorsement forms to increase students' participation in language immersion programs, world language instruction, career development opportunities, work-based learning, early college courses and careers, career and technical programs, Montessori schools, and project and place-based learning, among other career and college ready learning offerings.
(e) The board must adopt rules requiring candidates for initial licenses to pass an examination of general pedagogical knowledge and examinations of licensure-specific teaching skills.� The rules shall be effective by September 1, 2001.� The rules under this paragraph also must require candidates for initial licenses to teach prekindergarten or elementary students to pass, as part of the examination of licensure-specific teaching skills, test items assessing the candidates' knowledge, skill, and ability in comprehensive, scientifically based reading instruction under section 122A.06, subdivision 4, and their knowledge and understanding of the foundations of reading development, the development of reading comprehension, and reading assessment and instruction, and their ability to integrate that knowledge and understanding.
(f) The board must adopt rules requiring teacher educators to work directly with elementary or secondary school teachers in elementary or secondary schools to obtain periodic exposure to the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to candidates for initial licenses based on appropriate professional competencies that are aligned with the board's licensing system and students' diverse learning needs.� All teacher candidates must have preparation in English language development and content instruction for English learners in order to be able to effectively instruct the English learners in their classrooms.� The board must include these licenses in a statewide differentiated licensing system that creates new leadership roles for successful experienced teachers premised on a collaborative professional culture dedicated to meeting students' diverse
learning needs in the 21st century, recognizes the importance of cultural and linguistic competencies, including the ability to teach and communicate in culturally competent and aware ways, and formalizes mentoring and induction for newly licensed teachers provided through a teacher support framework.
(h) The board must design and implement an assessment system which requires a candidate for an initial license and first continuing license to demonstrate the abilities necessary to perform selected, representative teaching tasks at appropriate levels.
(i) The board must receive recommendations from local committees as established by the board for the renewal of teaching licenses.� The board must require licensed teachers who are renewing a continuing license to include in the renewal requirements further preparation in English language development and specially designed content instruction in English for English learners.
(j) The board must grant life licenses to those who qualify according to requirements established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 214.10.� The board must not establish any expiration date for application for life licenses.
(k) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation in the areas of using positive behavior interventions and in accommodating, modifying, and adapting curricula, materials, and strategies to appropriately meet the needs of individual students and ensure adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who provide health-related services for disabled children, the board shall adopt rules consistent with license or registration requirements of the commissioner of health and the health-related boards who license personnel who perform similar services outside of the school.
(m) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further reading preparation, consistent with section 122A.06, subdivision 4.� The rules do not take effect until they are approved by law.� Teachers who do not provide direct instruction including, at least, counselors, school psychologists, school nurses, school social workers, audiovisual directors and coordinators, and recreation personnel are exempt from this section.
(n) The board must adopt rules that require all licensed teachers who are renewing their continuing license to include in their renewal requirements further preparation, first, in understanding the key warning signs of early-onset mental illness in children and adolescents and then, during subsequent licensure renewal periods, preparation may include providing a more in-depth understanding of students' mental illness trauma, accommodations for students' mental illness, parents' role in addressing students' mental illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section 125A.0942 governing restrictive procedures, and de-escalation methods, among other similar topics.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to all candidates
seeking initial teacher licensure, including those holding a temporary,
one-year teaching license.
Sec. 2.� Minnesota Statutes 2014, section 122A.18, subdivision 2, is amended to read:
Subd. 2.� Teacher and support personnel qualifications.� (a) The Board of Teaching must issue licenses under its jurisdiction to persons the board finds to be qualified and competent for their respective positions.
(b) The board must require a person to
pass an examination of college-level skills in reading, writing, and
mathematics or attain either a composite score composed of the average of
the passing scores in English and writing, reading, and mathematics on
the ACT Plus Writing recommended by the board, or an equivalent composite
score
composed of the average of the
passing scores in critical reading, mathematics, and writing on the SAT recommended by the board, before being granted an initial teaching license to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special education programs, except that the board may issue up to two temporary, one-year teaching licenses to an otherwise qualified candidate who has not yet passed the college-level skills exam or attained(c) The Board of Teaching must grant
continuing licenses only to those persons who have met meet board
criteria for granting a continuing license, which includes passing the college-level
skills examination in reading, writing, and mathematics or attaining the
requisite composite ACT Plus Writing or SAT score essentially
equivalent passing scores consistent with paragraph (b), and the exceptions
in section 122A.09, subdivision 4, paragraph (b), that are consistent with this
paragraph.� The requirement to pass a
reading, writing, and mathematics college-level skills examination, or
attain the requisite composite score essentially equivalent passing
scores on the ACT Plus Writing or SAT does not apply to nonnative English
speakers, as verified by qualified Minnesota school district personnel or
Minnesota higher education faculty, who, after meeting the content and pedagogy
requirements under this subdivision, apply for a teaching license to provide
direct instruction in their native language or world language instruction under
section 120B.022, subdivision 1.� A
teacher candidate's official ACT Plus Writing or SAT composite score passing
scores report to the board must not be more than ten years old at the time
of licensure.
(d) All colleges and universities approved by the board of teaching to prepare persons for teacher licensure must include in their teacher preparation programs a common core of teaching knowledge and skills to be acquired by all persons recommended for teacher licensure.� Among other requirements, teacher candidates must demonstrate the knowledge and skills needed to provide appropriate instruction to English learners to support and accelerate their academic literacy, including oral academic language, and achievement in content areas in a regular classroom setting.� This common core shall meet the standards developed by the interstate new teacher assessment and support consortium in its 1992 "model standards for beginning teacher licensing and development." �Amendments to standards adopted under this paragraph are covered by chapter 14.� The board of teaching shall report annually to the education committees of the legislature on the performance of teacher candidates on common core assessments of knowledge and skills under this paragraph during the most recent school year.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to all candidates
seeking initial teacher licensure, including those holding a temporary,
one-year teaching license.
Sec. 3.� Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:
Subdivision 1.� Grounds for revocation, suspension, or denial.� (a) The Board of Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the school board employing a teacher, a teacher organization, or any other interested person, refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of the following causes:
(1) immoral character or conduct;
(2) failure, without justifiable cause, to teach for the term of the teacher's contract;
(3) gross inefficiency or willful neglect of duty;
(4) failure to meet licensure requirements; or
(5) fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character of the charges.
(b) The Board of Teaching or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, shall
refuse to issue, refuse to renew, or automatically revoke a teacher's license
to teach without the right to a hearing upon receiving a certified copy of a
conviction showing that the teacher has been convicted of child abuse, as
defined in section 609.185, sex trafficking in the first degree under
section 609.322, subdivision 1, sex trafficking in the second degree under
section 609.322, subdivision 1a, engaging in hiring or agreeing to hire a minor
to engage in prostitution under section 609.324, subdivision 1, sexual
abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 617.23, subdivision 3, solicitation of children to engage in sexual
conduct or communication of sexually explicit materials to children under
section 609.352, interference with privacy under section 609.746 or stalking
under section 609.749 and the victim was a minor, using minors in a sexual
performance under section 617.246, or possessing pornographic works
involving a minor under section 617.247, or any other offense not listed in
this paragraph that requires the person to register as a predatory offender
under section 243.166, or a crime under a similar law of another
state or the United States.� The board
shall send notice of this licensing action to the district in which the teacher
is currently employed.
(c) A person whose license to teach has been revoked, not issued, or not renewed under paragraph (b), may petition the board to reconsider the licensing action if the person's conviction for child abuse or sexual abuse is reversed by a final decision of the Court of Appeals or the Supreme Court or if the person has received a pardon for the offense.� The petitioner shall attach a certified copy of the appellate court's final decision or the pardon to the petition.� Upon receiving the petition and its attachment, the board shall schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the petitioner waives the right to a hearing.� If the board finds that, notwithstanding the reversal of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing action.� If the board finds that the petitioner is not disqualified from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority to suspend or revoke coaching licenses.
Sec. 4.� Minnesota Statutes 2014, section 122A.21, subdivision 2, is amended to read:
Subd. 2.� Licensure
via portfolio.� (a) An eligible
candidate may use licensure via portfolio to obtain an initial licensure or to
add a licensure field, consistent with the applicable Board of Teaching
licensure rules.
(b) A candidate for initial licensure must submit to the Educator Licensing Division at the department one portfolio demonstrating pedagogical competence and one portfolio demonstrating content competence.
(c) A candidate seeking to add a licensure field must submit to the Educator Licensing Division at the department one portfolio demonstrating content competence.
(d) The Board of Teaching must notify a
candidate who submits a portfolio under paragraph (b) or (c) within 90 calendar
days after the portfolio is received whether or not the portfolio was approved.� If the portfolio was not approved, the board
must immediately inform the candidate how to revise the portfolio to
successfully demonstrate the requisite competence.� The candidate may resubmit a revised
portfolio at any time and the Educator Licensing Division at the department
must approve or disapprove the portfolio within 60 calendar days of receiving
it.
(e) A candidate must pay to the executive secretary of the Board of Teaching a $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted subsequently.� The fees must be paid to the executive secretary of the Board of Teaching.� The revenue generated from the fee must be deposited in an education licensure portfolio account in the special revenue fund.� The fees set by the Board of Teaching are nonrefundable for applicants not qualifying for a license.� The Board of Teaching may waive or reduce fees for candidates based on financial need.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to all portfolios
submitted to the Educator Licensing Division at the department after that date.
Sec. 5.� Minnesota Statutes 2014, section 122A.23, is amended by adding a subdivision to read:
Subd. 3.� Teacher
licensure agreements with adjoining states.�
(a) Notwithstanding other law to the contrary, the Board of
Teaching must enter into interstate agreements for teacher licensure to allow
fully certified teachers from adjoining states to transfer their certification
to Minnesota and receive a full, five-year continuing teaching license without
having to complete any additional exams or other preparation requirements.� The board must enter into these interstate
agreements only after determining that the rigor of the teacher licensure or
certification requirements in the adjoining state is commensurate with the rigor
of Minnesota's teacher licensure requirements.�
The board may limit an interstate agreement to particular content fields
or grade levels based on established priorities or identified shortages.� This subdivision does not apply to
out-of-state applicants holding only a provisional teaching license.
(b) The Board of Teaching is strongly
encouraged to work with designated authorities in adjoining states to establish
reciprocal interstate teacher licensure agreements under this section.
Sec. 6.� TEACHER
LICENSURE AGREEMENTS WITH ADJOINING STATES.
The Board of Teaching must prepare and
submit a report to the K-12 education committees of the legislature by February 15, 2016, indicating the number,
contracting states, and extent of the interstate agreements for teacher licensure under Minnesota Statutes, section
122A.23, subdivision 3, reached between August 1 and December 31, 2015.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Amend the title accordingly
Davnie moved to amend the Mariani amendment to H. F. No. 2, the third engrossment, as follows:
Page 8, after line 26, insert:
"Sec. 6.� Minnesota Statutes 2014, section 122A.40, subdivision 13, is amended to read:
Subd. 13.� Immediate discharge.� (a) Except as otherwise provided in paragraph (b), a board may discharge a continuing-contract teacher, effective immediately, upon any of the following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the teacher from classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release of the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of absence and inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must notify the teacher in writing and state its ground for the proposed discharge in reasonable detail.� Within ten days after receipt of this notification the teacher may make a written request for a hearing before the board and it shall be granted before final action is taken.� The board may suspend a teacher with pay pending the conclusion of the hearing and determination of the issues raised in the hearing after charges have been filed which constitute ground for discharge.� If a teacher has been charged with a felony and the underlying conduct that is the subject of the felony charge is a ground for a proposed immediate discharge, the suspension pending the conclusion of the hearing and determination of the issues may be without pay.� If a hearing under this paragraph is held, the board must reimburse the teacher for any salary or compensation withheld if the final decision of the board or the arbitrator does not result in a penalty to or suspension, termination, or discharge of the teacher.
(b) A board must discharge a
continuing-contract teacher, effective immediately, upon receipt of notice under
section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or, as defined in
section 609.185; sex trafficking in the first degree under section 609.322,
subdivision 1; sex trafficking in the second degree under section 609.322,
subdivision 1a; engaging in hiring or agreeing to hire a minor to engage in
prostitution under section 609.324, subdivision 1; sexual abuse under
section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23,
subdivision 3; solicitation of children to engage in sexual conduct or
communication of sexually explicit materials to children under section 609.352;
interference with privacy under section 609.746 or stalking under section
609.749 and the victim was a minor; using minors in a sexual performance under
section 617.246; possessing pornographic works involving a minor under section
617.247; or any other offense not listed in this paragraph that requires the
person to register as a predatory offender under section 243.166, or a crime
under a similar law of another state or the United States.
(c) When a teacher is discharged under paragraph (b) or when the commissioner makes a final determination of child maltreatment involving a teacher under section 626.556, subdivision 11, the school principal or other person having administrative control of the school must include in the teacher's employment record the information contained in the record of the disciplinary action or the final maltreatment determination, consistent with the definition of public data under section 13.41, subdivision 5, and must provide the Board of Teaching and the licensing division at the department with the necessary and relevant information to enable the Board of Teaching and the department's licensing division to fulfill their statutory and administrative duties related to issuing, renewing, suspending, or revoking a teacher's license.� Information received by the Board of Teaching or the licensing division at the department under this paragraph is governed by section 13.41 or other applicable law governing data of the receiving entity.� In addition to the background check required under section 123B.03, a school board or other school hiring authority must contact the Board of Teaching and the department to determine
whether the teacher's license has been suspended or revoked, consistent with the discharge and final maltreatment determinations identified in this paragraph.� Unless restricted by federal or state data practices law or by the terms of a collective bargaining agreement, the responsible authority for a school district must disseminate to another school district private personnel data on a current or former teacher employee or contractor of the district, including the results of background investigations, if the requesting school district seeks the information because the subject of the data has applied for employment with the requesting school district.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 7.� Minnesota Statutes 2014, section 122A.41, subdivision 6, is amended to read:
Subd. 6.� Grounds for discharge or demotion.� (a) Except as otherwise provided in paragraph (b), causes for the discharge or demotion of a teacher either during or after the probationary period must be:
(1) immoral character, conduct unbecoming a teacher, or insubordination;
(2) failure without justifiable cause to teach without first securing the written release of the school board having the care, management, or control of the school in which the teacher is employed;
(3) inefficiency in teaching or in the management of a school, consistent with subdivision 5, paragraph (b);
(4) affliction with a communicable disease must be considered as cause for removal or suspension while the teacher is suffering from such disability; or
(5) discontinuance of position or lack of pupils.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair discriminatory practice described in section 363A.13.
(b) A probationary or continuing-contract
teacher must be discharged immediately upon receipt of notice under section
122A.20, subdivision 1, paragraph (b), that the teacher's license has been
revoked due to a conviction for child abuse or, as defined in section
609.185; sex trafficking in the first degree under section 609.322, subdivision
1; sex trafficking in the second degree under section 609.322, subdivision 1a;
engaging in hiring or agreeing to hire a minor to engage in prostitution under
section 609.324, subdivision 1; sexual abuse under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3;
solicitation of children to engage in sexual conduct or communication of
sexually explicit materials to children under section 609.352; interference
with privacy under section 609.746 or stalking under section 609.749 and the
victim was a minor; using minors in a sexual performance under section 617.246;
possessing pornographic works involving a minor under section 617.247; or any
other offense not listed in this paragraph that requires the person to register
as a predatory offender under section 243.166, or a crime under a similar law
of another state or the United States.
(c) When a teacher is discharged under paragraph (b) or when the commissioner makes a final determination of child maltreatment involving a teacher under section 626.556, subdivision 11, the school principal or other person having administrative control of the school must include in the teacher's employment record the information contained in the record of the disciplinary action or the final maltreatment determination, consistent with the definition of public data under section 13.41, subdivision 5, and must provide the Board of Teaching and the licensing division at the department with the necessary and relevant information to enable the Board of Teaching and the department's licensing division to fulfill their statutory and administrative duties related to issuing, renewing, suspending, or revoking a teacher's license.� Information received by the Board of Teaching or the licensing division at the department under this paragraph is governed by section 13.41 or other applicable law governing data of the receiving entity.� In addition to the background check required under section 123B.03, a school board or other school hiring authority must contact the Board of Teaching and the department to determine whether the teacher's license has been suspended or revoked, consistent with the discharge and final maltreatment determinations identified in this paragraph.� Unless restricted by federal or state data practices law or by the terms of a collective bargaining agreement, the responsible authority for a school district must disseminate to another school
district private personnel data on a current or former teacher employee or contractor of the district, including the results of background investigations, if the requesting school district seeks the information because the subject of the data has applied for employment with the requesting school district.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Davnie amendment to the Mariani amendment and the roll was called.� There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The motion prevailed and the amendment to the amendment was adopted.
����� Murphy, E., offered an amendment to the Mariani amendment, as amended, to H. F. No. 2, the third engrossment.
POINT OF ORDER
����� Garofalo raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Murphy, E., amendment to the Mariani amendment, as amended, was not in order.� The Speaker ruled the point of order well taken and the Murphy, E., amendment to the Mariani amendment, as amended, out of order.
������������� Thissen appealed the decision of the Speaker.
����� A roll call was requested and properly seconded.
����� The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.� There were 70 yeas and 61 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� So it was the judgment of the House that the decision of the Speaker should stand.
����� Marquart offered an amendment to the Mariani amendment, as amended, to H. F. No. 2, the third engrossment.
POINT OF ORDER
����� Knoblach raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Marquart amendment to the Mariani amendment, as amended, was not in order.� The Speaker ruled the point of order well taken and the Marquart amendment to the Mariani amendment, as amended, out of order.
����� Marquart appealed the decision of the Speaker.
������������� A roll call was requested and properly seconded.
����� The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.� There were 70 yeas and 61 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� So it was the judgment of the House that the decision of the Speaker should stand.
����� Selcer offered an amendment to the Mariani amendment, as amended, to H. F. No. 2, the third engrossment.
POINT OF ORDER
����� Knoblach raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Selcer amendment to the Mariani amendment, as amended, was not in order.� The Speaker ruled the point of order well taken and the Selcer amendment to the Mariani amendment, as amended, out of order.
����� Thissen appealed the decision of the Speaker.
������������� A roll call was requested and properly seconded.
����� The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.� There were 70 yeas and 61 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� So it was the judgment of the House that the decision of the Speaker should stand.
����� Winkler offered an amendment to the Mariani amendment, as amended, to H. F. No. 2, the third engrossment.
POINT OF ORDER
����� Garofalo raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Winkler amendment to the Mariani amendment, as amended, was not in order.� The Speaker ruled the point of order well taken and the Winkler amendment to the Mariani amendment, as amended, out of order.
����� Winkler appealed the decision of the Speaker.
����� A roll call was requested and properly seconded.
������������� The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.� There were 70 yeas and 61 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� So it was the judgment of the House that the decision of the Speaker should stand.
Kresha moved to amend the Mariani amendment, as amended, to H. F. No. 2, the third engrossment, as follows:
Page 7, after line 19, insert:
"Sec. 4.� [122A.201] CRIMES AND CONDUCT
DISQUALIFYING A PERSON FROM TEACHING IN A PUBLIC SCHOOL OR CHARTER SCHOOL.
Subdivision 1.�
Application.� Notwithstanding other provisions of
chapter 122A or other law to the contrary, the Board of Teaching must not issue
or renew any permission to teach to a person who is disqualified under this
section.
Subd. 2.� Permanent disqualification.� (a) An individual is disqualified
under chapter 122A if:
(1) regardless of how
much time has passed since the discharge of the sentence imposed, if any, for
the offense; and
(2) unless otherwise specified,
regardless of the level of the offense, the individual has committed any of the
following offenses:� sections 243.166
(violation of predatory offender registration law); 609.185 (murder in the
first degree); 609.19 (murder in the second degree); 609.195 (murder in the
third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter
in the second degree); a felony offense under 609.221 or 609.222 (assault in
the
first
or second degree); a felony offense under sections 609.2242 and 609.2243
(domestic assault), spousal abuse, child abuse or neglect, or a crime against
children; 609.2247 (domestic assault by strangulation); 609.228 (great bodily
harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.25 (kidnapping);
609.2661(murder of an unborn child in the first degree); 609.2662 (murder of an
unborn child in the second degree); 609.2663 (murder of an unborn child in the
third degree); 609.322(solicitation, inducement, and promotion of
prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct
in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
conduct); 609.352(solicitation of children to engage in sexual conduct);
609.365 (incest); a felony offense under 609.377 (malicious punishment of a child);
a felony offense under 609.378 (neglect or endangerment of a child); 609.561
(arson in the first degree); 609.66, subdivision 1e (drive-by shooting);
609.749, subdivision 3, 4, or 5 (felony-level stalking); 609.855, subdivision 5
(shooting at or in a public transit vehicle or facility); 617.23, subdivision
2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a
minor); 617.246 (use of minors in sexual performance prohibited); or 617.247
(possession of pictorial representations of minors).
(b) An individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes, permanently disqualifies the individual under chapter 122A.
(c) An individual's offense in any other
state or country, where the elements of the offense are substantially similar
to any of the offenses listed in paragraph (a), permanently disqualifies the
individual under chapter 122A.
(d) When a disqualification is based on a
judicial determination other than a conviction, the disqualification period
begins from the date of the court order.�
When a disqualification is based on an admission, the disqualification
period begins from the date of an admission in court.� When a disqualification is based on an Alford
Plea, the disqualification period begins from the date the Alford Plea is
entered in court.� When a
disqualification is based on a preponderance of evidence of a disqualifying
act, the disqualification date begins from the date of the dismissal, the date
of discharge of the sentence imposed for a conviction for a disqualifying crime
of similar elements, or the date of the incident, whichever occurs last.
(e) If the individual studied commits one
of the offenses listed in paragraph (a) that is specified as a felony-level
only offense, but the sentence or level of offense is a gross misdemeanor or
misdemeanor, the individual is disqualified, but the disqualification look-back
period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
Subd. 3.� 15-year
disqualification.� (a) An
individual is disqualified under chapter 122A if:
(1) less than 15 years have passed since
the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a
felony-level violation of any of the following offenses:� sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.165
(felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault
in the fifth degree); 609.229 (crimes committed for benefit of a gang);
609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.235 (use of drugs to injure or
facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.268 (injury or death of an unborn child in the commission
of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical
assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b
(aggravated first-degree or first-degree tampering with a witness); 609.52
(theft);
609.521
(possession of shoplifting gear); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of
burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery);
609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635
(obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67
(machine guns and short-barreled shotguns); 609.687(adulteration); 609.71
(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not
involving a minor; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 624.713
(certain persons not to possess firearms); chapter 152 (drugs; controlled
substance); or Minnesota Statutes 2012, section 609.21; or a felony-level
conviction involving alcohol or drug use.
(b) An individual is disqualified under
chapter 122A if less than 15 years has passed since the individual's aiding and
abetting, attempt, or conspiracy to commit any of the offenses listed in
paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under
chapter 122A if less than 15 years has passed since the termination of the
individual's parental rights under section 260C.301, subdivision 1, paragraph
(b), or subdivision 3.
(d) An individual is disqualified under
chapter 122A if less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country, the elements of
which are substantially similar to the elements of the offenses listed in
paragraph (a).
(e) If the individual studied commits one
of the offenses listed in paragraph (a), but the sentence or level of offense is
a gross misdemeanor or misdemeanor, the individual is disqualified but the
disqualification look-back period for the offense is the period applicable to
the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a
judicial determination other than a conviction, the disqualification period
begins from the date of the court order.�
When a disqualification is based on an admission, the disqualification
period begins from the date of an admission in court.� When a disqualification is based on an Alford
Plea, the disqualification period begins from the date the Alford Plea is
entered in court.� When a
disqualification is based on a preponderance of evidence of a disqualifying
act, the disqualification date begins from the date of the dismissal, the date
of discharge of the sentence imposed for a conviction for a disqualifying crime
of similar elements, or the date of the incident, whichever occurs last.
Subd. 4.� Ten-year
disqualification.� (a) An
individual is disqualified under chapter 122A if:
(1) less than ten years have passed since
the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a gross
misdemeanor-level violation of any of the following offenses:� sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or
609.222 (assault in the first or second degree); 609.223 or 609.2231 (assault
in the third or fourth degree); 609.224 (assault in the fifth degree); 609.224,
subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver
against a vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable
adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly
house); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft);
609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.582 (burglary); 609.59 (possession of
burglary
tools); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged
check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); repeat offenses under 609.746
(interference with privacy); 609.749, subdivision 2 (stalking); 609.82 (fraud
in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure), not involving a minor; 617.241 (obscene materials and
performances); 617.243 (indecent literature, distribution); 617.293 (harmful
materials; dissemination and display to minors prohibited); or Minnesota
Statutes 2012, section 609.21; or violation of an order for protection under
section 518B.01, subdivision 14.
(b) An individual is disqualified under
chapter 122A if less than ten years has passed since the individual's aiding
and abetting, attempt, or conspiracy to commit any of the offenses listed in
paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under
chapter 122A if less than ten years has passed since the discharge of the
sentence imposed for an offense in any other state or country, the elements of
which are substantially similar to the elements of any of the offenses listed
in paragraph (a).
(d) If the individual studied commits one
of the offenses listed in paragraph (a), but the sentence or level of offense
is a misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the offense is the period applicable to
misdemeanors.
(e) When a disqualification is based on a
judicial determination other than a conviction, the disqualification period
begins from the date of the court order.�
When a disqualification is based on an admission, the disqualification
period begins from the date of an admission in court.� When a disqualification is based on an Alford
Plea, the disqualification period begins from the date the Alford Plea is entered
in court.� When a disqualification is
based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of
discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.
Subd. 5.� Seven-year
disqualification.� (a) An
individual is disqualified under chapter 122A if:
(1) less than seven years has passed
since the discharge of the sentence imposed, if any, for the offense; and
(2) the individual has committed a
misdemeanor-level violation of any of the following offenses:� sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07,
subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault
in the first degree); 609.222 (assault in the second degree); 609.223 (assault
in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault
in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of
a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.466 (medical
assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66
(dangerous weapons); 609.665 (spring guns); 609.746 (interference with
privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter,
telegram, or package; opening; harassment); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not
involving a minor; 617.293 (harmful materials; dissemination and display to
minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation of
an order for protection under section 518B.01 (Domestic Abuse Act).
(b) An individual is disqualified under
chapter 122A if less than seven years has passed since a determination or disposition
of the individual's:
(1)
failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which:
(i) the final disposition under section 626.556 or 626.557
was substantiated maltreatment; and
(ii) the maltreatment was recurring or serious; or
(2) substantiated serious or recurring maltreatment of a
minor under section 626.556, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are
substantially similar to the elements of maltreatment under section 626.556 or
626.557 for which:
(i) there is a preponderance of evidence that the
maltreatment occurred; and
(ii) the subject was responsible for the maltreatment.
(c) An individual is disqualified under chapter 122A if
less than seven years has passed since the individual's aiding and abetting,
attempt, or conspiracy to commit any of the offenses listed in paragraphs (a)
and (b), as each of these offenses is defined in Minnesota Statutes.
(d) An individual is disqualified under chapter 122A if
less than seven years has passed since the discharge of the sentence imposed
for an offense in any other state or country, the elements of which are
substantially similar to the elements of any of the offenses listed in
paragraphs (a) and (b).
(e) When a disqualification is based on a judicial
determination other than a conviction, the disqualification period begins from
the date of the court order.� When a
disqualification is based on an admission, the disqualification period begins
from the date of an admission in court.� When
a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court.� When a disqualification is based on a
preponderance of evidence of a disqualifying act, the disqualification date
begins from the date of the dismissal, the date of discharge of the sentence
imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.
(f) An individual is disqualified under chapter 122A if
less than seven years has passed since the individual was disqualified under
section 256.98, subdivision 8.
Subd. 6.� Mental illness.� The Board of Teaching may not disqualify an individual subject to a background study under this section because that individual has, or has had, a mental illness as defined in section 245.462, subdivision 20."
Renumber the sections in sequence and correct the internal references
����� A roll call was requested and properly seconded.
����� The question was taken on the Kresha amendment to the Mariani amendment, as amended, and the roll was called.� There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The motion prevailed and the amendment to the amendment, as amended, was adopted.
Erickson moved to amend the Mariani amendment, as amended, to H. F. No. 2, the third engrossment, as follows:
Page 8, after line 26, insert:
"Sec. 6.� Minnesota Statutes 2014, section 122A.40, subdivision 5, is amended to read:
Subd. 5.� Probationary period.� (a) The first three consecutive years of a teacher's first teaching experience in Minnesota in a single district is deemed to be a probationary period of employment, and, the probationary period in each district in which the teacher is thereafter employed shall be one year.� The school board must adopt a plan for written evaluation of teachers during the probationary period that is consistent with subdivision 8.� Evaluation must occur at least three times periodically throughout each school year for a teacher performing services during that school year; the first evaluation must occur within the first 90 days of teaching service.� Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school must not be included in determining the number of school days on which a teacher performs services.� Except as otherwise provided in paragraph (b), during the probationary period any annual contract with any teacher may or may not be renewed (1) as the school board shall see fit, or (2) consistent with the negotiated unrequested leave of absence plan in effect under subdivision 10.� However, the board must give any such teacher whose contract it declines to renew for the following school year written notice to that effect before July 1.� If the teacher requests reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason in writing, including a statement that appropriate supervision was furnished describing the nature and the extent of such supervision furnished the teacher during the employment by the board, within ten days after receiving such request.� The school board may, after a hearing held upon due notice, discharge a teacher during the probationary period for cause, effective immediately, under section 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(d) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(e) A probationary teacher must complete at least 120 days of teaching service each year during the probationary period.� Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 7.� Minnesota Statutes 2014, section 122A.40, subdivision 8, is amended to read:
Subd. 8.� Development, evaluation, and peer coaching for continuing contract teachers.� (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop a teacher evaluation and peer review process for probationary and continuing contract teachers through joint agreement.� If a school board and the exclusive representative of the teachers do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan under paragraph (c).� The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 5;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator.� For the years when a tenured teacher is not evaluated by a qualified and trained evaluator, the teacher must be evaluated by a peer review;
(3) must be based on professional teaching standards established in rule;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection, and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of content areas of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43.� The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Board of Teaching, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and section 122A.41 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process.� The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 5.
(d) Consistent with the measures of
teacher effectiveness under this subdivision:
(1) for students in kindergarten
through grade 4, a school administrator must not place a student in consecutive
school years in the classroom of a teacher with the lowest evaluation rating in
the previous school year unless no other teacher at the school teaches that
grade; and
(2) for students in grades 5 through
12, a school administrator must not place students in consecutive school years
in the classroom of a teacher with the lowest evaluation rating in the previous
school year unless no other teacher at the school teaches that subject area and
grade.
EFFECTIVE
DATE.� This section is
effective for the 2017-2018 school year and later.
Sec. 8.� Minnesota Statutes 2014, section 122A.40, subdivision 10, is amended to read:
Subd. 10.� Negotiated
unrequested leave of absence.� (a)
The school board and the exclusive bargaining representative of the teachers may
must negotiate a plan, consistent with subdivision 8, providing
for unrequested leave of absence without pay or fringe benefits for as many
teachers as may be necessary because of discontinuance of position, lack of
pupils, financial limitations, or merger of classes caused by consolidation of
districts.� Failing to successfully
negotiate such a plan, the provisions of subdivision 11 shall apply.� The negotiated plan must not include
provisions which would result in the exercise of seniority by a teacher holding
only a provisional license,
other
than a vocational education license, contrary to the provisions of
subdivision 11, paragraph (c) if required for the position, or the
reinstatement of a teacher holding only a provisional license, other
than a vocational education license, contrary to the provisions of
subdivision 11, paragraph (e) required for the position.� The provisions of section 179A.16 do not
apply for the purposes of this subdivision.
(b) Beginning in the 2017-2018 school
year and later, and notwithstanding any law to the contrary, a school board
must place teachers on unrequested leave of absence based on their subject
matter licensure fields, most recent evaluation outcomes and effectiveness
category or rating under subdivision 8, and other, locally determined criteria
such as teacher seniority, and may include both probationary teachers and
continuing contract teachers within an effectiveness category or rating.� For purposes of placing a teacher on
unrequested leave of absence or recalling a teacher from unrequested leave of
absence, a school board is not required to reassign a teacher with more
seniority to accommodate the seniority claims of a teacher who is similarly
licensed and effective but with less seniority.�
Nothing in this paragraph permits a school board to use a teacher's
remuneration as a basis for making unrequested leave of absence decisions.� Any executed employment contract between the
school board and the exclusive representative of the teachers must contain the
negotiated unrequested leave of absence plan.�
The school board must publish in a readily accessible format the
unrequested leave of absence plan it negotiates under this paragraph.
(c) A teacher who receives notice of
being placed on unrequested leave of absence under paragraph (b) may submit to
the board, within 14 days of receiving the notice, a written request for a
hearing before a neutral hearing officer to establish whether the district met
the following teacher evaluation requirements under subdivision 8:� if the teacher is a probationary teacher, all
evaluations required under subdivision 5 were provided; a three-year professional
review cycle was established for the teacher; any summative evaluation of the
teacher was performed by a qualified and trained evaluator; a peer review
evaluation occurred in any year when the teacher was not evaluated by a
qualified and trained evaluator; and if the teacher did not meet professional
teaching standards, a teacher improvement process with goals and timelines was
established.� The school board and the
exclusive representative of the teachers must agree on a panel of people and a
process to select the person to hear the matter.� The hearing officer must issue a decision
within 14 days of the request for the hearing.�
Nothing in this subdivision prevents a school board and the exclusive
representative of the teachers from negotiating a different process for
determining whether the teacher evaluation requirements listed in this
subdivision were met.
(d) For purposes of this subdivision, a
provisional license is a license to teach issued by the Board of Teaching under
a waiver or variance.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to negotiated plans for
unrequested leave of absence agreed to on or after that date.
Sec. 9.� Minnesota Statutes 2014, section 122A.40, subdivision 11, is amended to read:
Subd. 11.� Unrequested leave of absence.� (a) The board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation or reorganization of districts under chapter 123A.� The unrequested leave is effective at the close of the school year.
(b) In placing teachers on
unrequested leave in the 2014-2015 through 2016-2017 school years only,
the board is governed by the following provisions:� in this subdivision.
(a) (c) The board may place
probationary teachers on unrequested leave first in the inverse order of their
employment.� A teacher who has acquired
continuing contract rights must not be placed on unrequested leave of absence
while probationary teachers are retained in positions for which the teacher who
has acquired continuing contract rights is licensed;.
(b)
(d) Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by the school district.� In the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed is negotiable(c) (e) Notwithstanding the
provisions of paragraph (b) (d), a teacher is not entitled to
exercise any seniority when that exercise results in that teacher being
retained by the district in a field for which the teacher holds only a
provisional license, as defined by the board of teaching, unless that exercise
of seniority results in the placement on unrequested leave of absence of
another teacher who also holds a provisional license in the same field.� The provisions of this paragraph do not apply
to vocational education licenses; required for the available
positions.
(d) (f) Notwithstanding
paragraphs (a), (b), and (c), (d), and (e), if the placing of a
probationary teacher on unrequested leave before a teacher who has acquired
continuing rights, the placing of a teacher who has acquired continuing
contract rights on unrequested leave before another teacher who has acquired
continuing contract rights but who has greater seniority, or the restriction
imposed by the provisions of paragraph (c) (e) would place the
district in violation of its affirmative action program, the district may
retain the probationary teacher, the teacher with less seniority, or the
provisionally licensed teacher;.
(e) (g) For purposes of placing a
teacher on unrequested leave of absence or recalling a teacher from unrequested
leave of absence, nothing in this subdivision requires a school board to
reassign a teacher to accommodate the seniority claims of a teacher who is
similarly licensed and effective but with less seniority.
(h) Teachers placed on unrequested
leave of absence must be reinstated to the positions from which they have been
given leaves of absence or, if not available, to other available positions in
the school district in fields in which they are licensed.� Reinstatement must be in the inverse order of
placement on leave of absence.� A teacher
must not be reinstated to a position in a field in which the teacher holds only
a provisional license, other than a vocational education license, while another
teacher who holds a nonprovisional license in the same field remains on
unrequested leave.� The order of
reinstatement of teachers who have equal seniority and who are placed on
unrequested leave in the same school year is negotiable;.
(f) (i) Appointment of a new
teacher must not be made while there is available, on unrequested leave, a
teacher who is properly licensed to fill such vacancy, unless the teacher fails
to advise the school board within 30 days of the date of notification that a
position is available to that teacher who may return to employment and assume
the duties of the position to which appointed on a future date determined by
the board;.
(g) (j) A teacher placed on
unrequested leave of absence may engage in teaching or any other occupation
during the period of this leave;.
(h) (k) The unrequested leave
of absence must not impair the continuing contract rights of a teacher or
result in a loss of credit for previous years of service;.
(i) (l) Consistent with
subdivision 10, the unrequested leave of absence of a teacher who is
categorized as effective or better under subdivision 8, who is placed on
unrequested leave of absence, and who is not reinstated shall continue
for a period of five years, after which the right to reinstatement shall
terminate terminates.� The
teacher's right to reinstatement shall also terminate terminates
if the teacher fails to file with the board by April 1 of any each
year a written statement requesting reinstatement;.
(m) Consistent with subdivision 10, the
unrequested leave of absence of a teacher who is categorized as ineffective or
less under subdivision 8, who is placed on unrequested leave of absence, and
who is not reinstated continues for the following school year only, after which
the teacher's right to reinstatement terminates.� The teacher's right to reinstatement also
terminates if the teacher fails to file with the board by April 1 in that
following school year a written statement requesting reinstatement.
(j)
(n) The same provisions applicable to terminations of probationary or continuing contracts in subdivisions 5 and 7 must apply to placement on unrequested leave of absence(k) (o) Nothing in this subdivision
shall be construed to impair the rights of teachers placed on unrequested leave
of absence to receive unemployment benefits if otherwise eligible.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 10.� Minnesota Statutes 2014, section 122A.41, subdivision 2, is amended to read:
Subd. 2.� Probationary period; discharge or demotion.� (a) All teachers in the public schools in cities of the first class during the first three years of consecutive employment shall be deemed to be in a probationary period of employment during which period any annual contract with any teacher may, or may not, be renewed (1) as the school board, after consulting with the peer review committee charged with evaluating the probationary teachers under subdivision 3, shall see fit, or (2) consistent with the negotiated plan for discontinuing or terminating teachers in effect under subdivision 14.� The school site management team or the school board if there is no school site management team, shall adopt a plan for a written evaluation of teachers during the probationary period according to subdivisions 3 and 5.� Evaluation by the peer review committee charged with evaluating probationary teachers under subdivision 3 shall occur at least three times periodically throughout each school year for a teacher performing services during that school year; the first evaluation must occur within the first 90 days of teaching service.� Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school shall not be included in determining the number of school days on which a teacher performs services.� The school board may, during such probationary period, discharge or demote a teacher for any of the causes as specified in this code.� A written statement of the cause of such discharge or demotion shall be given to the teacher by the school board at least 30 days before such removal or demotion shall become effective, and the teacher so notified shall have no right of appeal therefrom.
(b) A probationary teacher whose first three years of consecutive employment are interrupted for active military service and who promptly resumes teaching consistent with federal reemployment timelines for uniformed service personnel under United States Code, title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes of paragraph (a).
(c) A probationary teacher whose first three years of consecutive employment are interrupted for maternity, paternity, or medical leave and who resumes teaching within 12 months of when the leave began is considered to have a consecutive teaching experience for purposes of paragraph (a) if the probationary teacher completes a combined total of three years of teaching service immediately before and after the leave.
(d) A probationary teacher must complete at least 120 days of teaching service each year during the probationary period.� Days devoted to parent-teacher conferences, teachers' workshops, and other staff development opportunities and days on which a teacher is absent from school do not count as days of teaching service under this paragraph.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 11.� Minnesota Statutes 2014, section 122A.41, subdivision 5, is amended to read:
Subd. 5.� Development, evaluation, and peer coaching for continuing contract teachers.� (a) To improve student learning and success, a school board and an exclusive representative of the teachers in the district, consistent with paragraph (b), may develop an annual teacher evaluation and peer review process for probationary and nonprobationary teachers through joint agreement.� If a school board and the exclusive representative of the teachers in the district do not agree to an annual teacher evaluation and peer review process, then the school board and the exclusive representative of the teachers must implement the state teacher evaluation plan developed under paragraph (c).� The process must include having trained observers serve as peer coaches or having teachers participate in professional learning communities, consistent with paragraph (b).
(b) To develop, improve, and support qualified teachers and effective teaching practices and improve student learning and success, the annual evaluation process for teachers:
(1) must, for probationary teachers, provide for all evaluations required under subdivision 2;
(2) must establish a three-year professional review cycle for each teacher that includes an individual growth and development plan, a peer review process, and at least one summative evaluation performed by a qualified and trained evaluator such as a school administrator;
(3) must be based on professional teaching standards established in rule;
(4) must coordinate staff development activities under sections 122A.60 and 122A.61 with this evaluation process and teachers' evaluation outcomes;
(5) may provide time during the school day and school year for peer coaching and teacher collaboration;
(6) may include job-embedded learning opportunities such as professional learning communities;
(7) may include mentoring and induction programs;
(8) must include an option for teachers to develop and present a portfolio demonstrating evidence of reflection and professional growth, consistent with section 122A.18, subdivision 4, paragraph (b), and include teachers' own performance assessment based on student work samples and examples of teachers' work, which may include video among other activities for the summative evaluation;
(9) must use data from valid and reliable assessments aligned to state and local academic standards and must use state and local measures of student growth and literacy that may include value-added models or student learning goals to determine 35 percent of teacher evaluation results;
(10) must use longitudinal data on student engagement and connection and other student outcome measures explicitly aligned with the elements of curriculum for which teachers are responsible, including academic literacy, oral academic language, and achievement of English learners;
(11) must require qualified and trained evaluators such as school administrators to perform summative evaluations and ensure school districts and charter schools provide for effective evaluator training specific to teacher development and evaluation;
(12) must give teachers not meeting professional teaching standards under clauses (3) through (11) support to improve through a teacher improvement process that includes established goals and timelines; and
(13) must discipline a teacher for not making adequate progress in the teacher improvement process under clause (12) that may include a last chance warning, termination, discharge, nonrenewal, transfer to a different position, a leave of absence, or other discipline a school administrator determines is appropriate.
Data on individual teachers generated under this subdivision are personnel data under section 13.43.� The observation and interview notes of peer coaches may only be disclosed to other school officials with the consent of the teacher being coached.
(c) The department, in consultation with parents who may represent parent organizations and teacher and administrator representatives appointed by their respective organizations, representing the Board of Teaching, the Minnesota Association of School Administrators, the Minnesota School Boards Association, the Minnesota
Elementary and Secondary Principals Associations, Education Minnesota, and representatives of the Minnesota Assessment Group, the Minnesota Business Partnership, the Minnesota Chamber of Commerce, and Minnesota postsecondary institutions with research expertise in teacher evaluation, must create and publish a teacher evaluation process that complies with the requirements in paragraph (b) and applies to all teachers under this section and section 122A.40 for whom no agreement exists under paragraph (a) for an annual teacher evaluation and peer review process.� The teacher evaluation process created under this subdivision does not create additional due process rights for probationary teachers under subdivision 2.
(d) Consistent with the measures of
teacher effectiveness under this subdivision:
(1) for students in kindergarten
through grade 4, a school administrator must not place a student in consecutive
school years in the classroom of a teacher with the lowest evaluation rating in
the previous school year unless no other teacher at the school teaches that
grade; and
(2) for students in grades 5 through
12, a school administrator must not place students in consecutive school years
in the classroom of a teacher with the lowest evaluation rating in the previous
school year unless no other teacher at the school teaches that subject area and
grade.
EFFECTIVE
DATE.� This section is
effective for the 2017-2018 school year and later.
Sec. 12.� Minnesota Statutes 2014, section 122A.41, subdivision 14, is amended to read:
Subd. 14.� Services
terminated by discontinuance or lack of pupils; preference given.� (a) A teacher whose services are
terminated on account of discontinuance of position or lack of pupils must
receive first consideration for other positions in the district for which that
teacher is qualified.� In the event
it becomes necessary to discontinue one or more positions in the 2014-2015
through the 2016-2017 school years, in making such discontinuance, teachers
must receive first consideration for other positions in the district for
which that teacher is qualified and must be discontinued in any
department in the inverse order in which they were employed, unless.
(b) Beginning in the 2017-2018 school
year and later, a board and the exclusive representative of teachers in the
district must negotiate a plan providing otherwise.,
consistent with subdivision 5, for discontinuing and terminating teachers under
this subdivision based on their subject matter licensure fields, most recent
evaluation outcomes and effectiveness category or rating under subdivision 5,
and other, locally determined criteria such as teacher seniority, and may
include both probationary teachers and continuing contract teachers within an
effectiveness category or rating.� For
purposes of discharging, demoting, or recalling a teacher whose services are
discontinued or terminated under this subdivision, a school board is not
required to reassign a teacher with more seniority to accommodate the seniority
claims of a teacher who is similarly licensed and effective but with less
seniority.� Nothing in this paragraph
permits a school board to use a teacher's remuneration as a basis for
discontinuing or terminating a teacher.� Any
executed employment contract between the school board and the exclusive
representative of the teachers must contain the negotiated plan for
discontinuing or terminating teachers.� The
school board must publish in a readily accessible format any plan it negotiates
for discontinuing or terminating teachers under this paragraph.
(c) A teacher who receives notice of
discontinuance or termination under paragraph (b) may submit to the board,
within 14 days of receiving the notice, a written request for a hearing before
a neutral hearing officer to establish whether the district met the following
teacher evaluation requirements under subdivision 5:� if the teacher is a probationary teacher, all
evaluations required under subdivision 2 were provided; a three-year
professional review cycle was established for the teacher; any summative
evaluation of the teacher was performed by a qualified and trained evaluator; a
peer review evaluation occurred in any year when the teacher was not evaluated
by a qualified and trained evaluator; and if the teacher did not meet
professional teaching standards, a teacher improvement process with goals and
timelines was established.� The school
board and the exclusive representative of the teachers must agree on a panel of
people and a process to select the person to hear the matter.� The hearing officer must issue
a
decision within 14 days of the request for the hearing.� Nothing in this subdivision prevents a school
board and the exclusive representative of the teachers from negotiating a
different process for determining whether the teacher evaluation requirements
listed in this subdivision were met.
(b) (d) Notwithstanding the
provisions of clause paragraph (a), for the 2014-2015 through
2016-2017 school years, a teacher is not entitled to exercise any seniority
when that exercise results in that teacher being retained by the district in a
field for which the teacher holds only a provisional license, as defined by the
Board of Teaching, unless that exercise of seniority results in the
termination of terminating the services, on account of
discontinuance of position or lack of pupils, of another teacher who also holds
a provisional license in the same field.�
The provisions of this clause paragraph do not apply to
vocational education licenses.
(c) (e) Notwithstanding the
provisions of clause paragraph (a), for the 2014-2015 through
2016-2017 school years, a teacher must not be reinstated to a position in a
field in which the teacher holds only a provisional license, other than a
vocational education license, while another teacher who holds a nonprovisional
license in the same field is available for reinstatement.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to negotiated plans for
discontinuing or terminating teachers agreed to on or after that date.
Sec. 13.� Minnesota Statutes 2014, section 123A.75, subdivision 1, is amended to read:
Subdivision 1.� Teacher assignment.� (a) As of the effective date of a consolidation in which a district is divided or the dissolution of a district and its attachment to two or more existing districts, each teacher employed by an affected district shall be assigned to the newly created or enlarged district on the basis of a ratio of the pupils assigned to each district according to the new district boundaries.� The district receiving the greatest number of pupils must be assigned the most effective teacher under section 122A.40, subdivision 8, with the greatest seniority, and the remaining teachers must be alternately assigned to each district from most to least effective and with most to least seniority within each category or rating of effectiveness until the district receiving the fewest pupils has received its ratio of teachers who will not be retiring before the effective date of the consolidation or dissolution.
(b) Notwithstanding paragraph (a), the board and the exclusive representative of teachers in each district involved in the consolidation or dissolution and attachment may negotiate a plan for assigning teachers to each newly created or enlarged district.
(c) Notwithstanding any other law to
the contrary, the provisions of this section apply only to the extent they are
consistent with section 122A.40, subdivisions 8, 10, and 11.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 14.� Minnesota Statutes 2014, section 179A.20, is amended by adding a subdivision to read:
Subd. 4a.� Unrequested
leave of absence for teachers.� A
school board and the exclusive representative of the teachers may not execute a
contract effective for the 2017-2018 school year or later unless the contract
contains a plan for unrequested leave of absence under section 122A.40,
subdivision 10, or a plan for discontinuing or terminating teachers under
section 122A.41, subdivision 14.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Page 8, after line 33, insert:
"Sec. 7.� REPEALER.
Minnesota Statutes 2014, section
122A.40, subdivision 11, is repealed.
EFFECTIVE DATE.� This section is effective beginning in the 2017-2018 school year and later."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Erickson amendment to the Mariani amendment, as amended, and the roll was called.� There were 69 yeas and 62 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� The motion prevailed and the amendment to the amendment, as amended, was adopted.
Erickson moved to amend the Mariani amendment, as amended, to H. F. No. 2, the third engrossment, as follows:
Page 4, after line 12, insert:
"(o) The board must adopt rules by
January 1, 2016, to license applicants under sections 122A.23 and 122A.245.� The rules must permit applicants to
demonstrate their qualifications through the board's recognition of a teaching
license from another state in a similar content field, completion of a state-approved
teacher preparation program,
teaching experience as the teacher of record in a similar licensure field, depth of content knowledge, depth of content methods or general pedagogy, subject-specific professional development and contribution to the field, or classroom performance as determined by documented student growth on normed assessments or documented effectiveness on evaluations.� The rules must adopt criteria for determining a "similar content field" and "similar licensure area."
"Page 8, delete section 5 and insert:
"Sec. 5.� Minnesota Statutes 2014, section 122A.23, is amended to read:
122A.23
APPLICANTS TRAINED IN OTHER STATES.
Subdivision 1.� Preparation
equivalency.� When a license to teach
is authorized to be issued to any holder of a diploma or a degree of a
Minnesota state university, or of the University of Minnesota, or of a liberal
arts university, or a technical training institution, such license may also, in
the discretion of the Board of Teaching or the commissioner of education, whichever
has jurisdiction, be issued to any holder of a diploma or a degree of a teacher
training institution of equivalent rank and standing of any other state.� The diploma or degree must be granted by
virtue of completing a course coursework in teacher preparation essentially
equivalent in content to that required by such Minnesota state university or
the University of Minnesota or a liberal arts university in Minnesota or a
technical training institution as preliminary to the granting of a diploma
or a degree of the same rank and class.� For
purposes of granting a Minnesota teaching license to a person who receives a
diploma or degree from a state‑accredited,
out-of-state teacher training program leading to licensure, the Board of
Teaching must establish criteria and streamlined procedures by
January 1, 2016, to recognize the experience and professional credentials
of the person holding the out-of-state diploma or degree and allow that person
to demonstrate to the board the person's qualifications for receiving a
Minnesota teaching license based on performance measures the board adopts by
January 1, 2016, under this section.
Subd. 2.� Applicants
licensed in other states.� (a)
Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03,
the Board of Teaching must issue a teaching license or a temporary teaching
license under paragraphs (b) (c) to (e) (f) to an
applicant who holds at least a baccalaureate degree from a regionally
accredited college or university and holds or held a similar an
out-of-state teaching license that requires the applicant to successfully
complete a teacher preparation program approved by the issuing state, which
includes either (1) field‑specific
teaching methods and, student teaching, or essentially
equivalent experience, or (2) at least two years of teaching
experience as the teacher of record in a similar licensure field.
(b) The Board of Teaching may issue a
standard license on the basis of teaching experience and examination
requirements only.
(c) The Board of Teaching must issue a teaching license to an applicant who:
(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and
(2) holds or held an out-of-state teaching
license to teach the same a similar content field and grade
levels if the scope of the out-of-state license is no more than two grade
levels less than a similar Minnesota license, and either (i) has completed
field-specific teaching methods, student teaching, or equivalent experience, or
(ii) has at least two years of teaching experience as the teacher of record in
a similar licensure field.
(c) (d) The Board of
Teaching, consistent with board rules and paragraph (h) (i), must
issue up to three one-year temporary teaching licenses to an applicant who
holds or held an out-of-state teaching license to teach the same a
similar content field and grade levels, where the scope of the out-of-state
license is no more than two grade levels less than a similar Minnesota license,
but has not successfully completed all exams and human relations preparation
components required by the Board of Teaching.
(d)
(e) The Board of Teaching, consistent with board rules, must issue up to three one-year temporary teaching licenses to an applicant who:(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and
(2) holds or held an out-of-state teaching
license to teach the same a similar content field and grade
levels, where the scope of the out-of-state license is no more than two grade
levels less than a similar Minnesota license, but has not completed
field-specific teaching methods or student teaching or equivalent experience.
The applicant may complete field-specific teaching methods and student teaching or equivalent experience by successfully participating in a one-year school district mentorship program consistent with board-adopted standards of effective practice and Minnesota graduation requirements.
(e) (f) The Board of
Teaching must issue a temporary teaching license for a term of up to three
years only in the content field or grade levels specified in the out-of-state
license to an applicant who:
(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and
(2) holds or held an out-of-state teaching license where the out-of-state license is more limited in the content field or grade levels than a similar Minnesota license.
(f) (g) The Board of Teaching
must not issue to an applicant more than three one-year temporary teaching
licenses under this subdivision.
(g) (h) The Board of
Teaching must not may issue a license under this subdivision if
the applicant has not attained the additional degrees, credentials, or
licenses required in a particular licensure field and the applicant can
demonstrate competency by obtaining qualifying scores on the college-level
skills examination in reading, writing, and mathematics or demonstrating
attainment of essentially equivalent passing scores on the ACT Plus Writing or
SAT, and on applicable board-approved rigorous content area and pedagogy
examinations under section 122A.09, subdivision 4, paragraphs (a) and (e).
(h) (i) The Board of
Teaching must require an applicant for a teaching license or a temporary
teaching license under this subdivision to pass a college-level skills
examination in reading, writing, and mathematics or, if the applicant does
not pass the college-level skills examination, demonstrate, consistent with
section 122A.09, subdivision 4, the applicant's attainment of either the
requisite composite ACT Plus Writing or SAT score essentially
equivalent passing scores before the board issues the license unless,
notwithstanding other provisions of this subdivision, an applicable
board-approved National Association of State Directors of Teacher Education
interstate reciprocity agreement exists to allow fully certified teachers from
other states to transfer their certification to Minnesota.
Subd. 3.� Teacher
licensure agreements with adjoining states.�
(a) Notwithstanding other law to the contrary, the Board of
Teaching must enter into interstate agreements for teacher licensure to allow
fully certified teachers from adjoining states to transfer their certification
to Minnesota and receive a full, five-year continuing teaching license without
having to complete any additional exams or other preparation requirements.� The board must enter into these interstate
agreements only after determining that the rigor of the teacher licensure or
certification requirements in the adjoining state is commensurate with the
rigor of Minnesota's teacher licensure requirements.� The board may limit an interstate agreement
to particular content fields or grade levels based on established priorities or
identified shortages.� This subdivision
does not apply to out-of-state applicants holding only a provisional teaching
license.
(b)
The Board of Teaching is strongly encouraged to work with designated
authorities in adjoining states to establish reciprocal interstate teacher
licensure agreements under this section.
EFFECTIVE
DATE.� This section is
effective August 1, 2015.
Sec. 6.� Minnesota Statutes 2014, section 122A.245, subdivision 1, is amended to read:
Subdivision 1.� Requirements.� (a) To improve academic excellence, improve ethnic and cultural diversity in the classroom, and close the academic achievement gap, the Board of Teaching must approve qualified teacher preparation programs under this section that are a means to acquire a two-year limited-term license, which the board may renew one time for an additional one-year term, and to prepare for acquiring a standard license.� The following entities are eligible to participate under this section:
(1) a school district or, charter
school, or nonprofit corporation organized under chapter 317A for an
education-related purpose that forms a partnership with a college or
university that has a board-approved alternative teacher preparation program;
or
(2) a school district or, charter
school, or nonprofit corporation organized under chapter 317A for an
education-related purpose after consulting with a college or university
with a board-approved teacher preparation program, that forms a partnership
with a nonprofit corporation organized under chapter 317A for an
education-related purpose that has a board-approved teacher preparation program.
(b) Before participating in this
program becoming a teacher of record, a candidate must:
(1) have a bachelor's degree with a 3.0 or higher grade point average unless the board waives the grade point average requirement based on board-adopted criteria adopted by January 1, 2016;
(2) pass the reading, writing, and mathematics college-level skills examination under section 122A.09, subdivision 4, paragraph (b), or demonstrate attainment of either ACT Plus Writing or SAT essentially equivalent passing scores; and
(3) obtain qualifying scores on applicable board-approved rigorous content area and pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).
(c) The Board of Teaching must issue a
two-year limited-term license to a person who enrolls in an alternative teacher
preparation program.� This limited
term license is not a provisional license under section 122A.40 or 122A.41.
Sec. 7.� Minnesota Statutes 2014, section 122A.245, subdivision 3, is amended to read:
Subd. 3.� Program approval; disapproval.� (a) The Board of Teaching must approve alternative teacher preparation programs under this section based on board-adopted criteria that reflect best practices for alternative teacher preparation programs, consistent with this section.�
(b) The board must permit teacher candidates to demonstrate mastery of pedagogy and content standards in school-based settings and through other nontraditional means.� "Nontraditional means" must include a portfolio of previous experiences, teaching experience, educator evaluations, certifications marking the completion of education training programs, and essentially equivalent demonstrations.�
(c) The board must use nontraditional
criteria to determine the qualifications of program instructors.
(d)
The board may permit instructors to hold a baccalaureate degree only.
(b) (e) If the Board of
Teaching determines that a teacher preparation program under this section does
not meet the requirements of this section, it may revoke its approval of the
program after it notifies the program provider of any deficiencies and gives
the program provider an opportunity to remedy the deficiencies.
Sec. 8.� Minnesota Statutes 2014, section 122A.25, is amended to read:
122A.25
NONLICENSED COMMUNITY EXPERTS; VARIANCE.
Subdivision 1.� Authorization.� Notwithstanding any law, Board of
Teaching rule, or commissioner of education rule to the contrary, the
Board of Teaching may allow school districts or charter schools to may
hire nonlicensed community experts to teach in the public schools or charter
schools on a limited basis according to this section after making efforts to
obtain acceptable licensed teachers for the particular course or subject area,
consistent with subdivision 2, clause (3).
Subd. 2.� Applications
Reports; criteria.� The school
district or charter school shall apply report to the Board of
Teaching for approval when it uses a variance to hire nonlicensed
teaching personnel from the community.� In
approving or disapproving the application for each community expert, The board
report shall consider include:
(1) the qualifications of the community
person whom the district or charter school proposes to employ employs;
(2) the unique and compelling reasons for the need for a variance from the teacher licensure requirements;
(3) the district's efforts to obtain licensed teachers, who are acceptable to the school board, for the particular course or subject area or the charter school's efforts to obtain licensed teachers for the particular course or subject area;
(4) the amount of teaching time for which
the community expert would be is hired;
(5) the extent to which the district or
charter school is utilizing uses other nonlicensed community
experts under this section;
(6) the nature of the community expert's proposed
teaching responsibility; and
(7) the proposed level of
compensation to be paid to the community expert.
Subd. 3.� Approval
of plan Comment on variance.� The
Board of Teaching shall approve or disapprove an application may
comment on a district or charter school report within 60 days of receiving
it from a school and the district or charter school must post
the comment on its official Web site.
Subd. 4.� Background
check.� A school district or charter
school shall provide confirm to the Board of Teaching with
confirmation that criminal background checks have been were
completed for all nonlicensed community experts employed by the district or
charter school and approved by the Board of Teaching under this section.
EFFECTIVE
DATE.� This section is
effective the day following final enactment and applies to all nonlicensed
community experts hired after that date.
Sec. 9.� Minnesota Statutes 2014, section 122A.30, is amended to read:
122A.30
EXEMPTION FOR TECHNICAL COLLEGE EDUCATION INSTRUCTORS.
Notwithstanding section 122A.15,
subdivision 1, and upon approval of the local employer school board, a
person who teaches in a part-time vocational or career and technical
education program not more than 61 hours per fiscal year is exempt from
a license requirement.
EFFECTIVE DATE.� This section is effective the day following final enactment and applies to all technical education instructors hired after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Erickson amendment to the Mariani amendment, as amended, and the roll was called.� There were 71 yeas and 62 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� The motion prevailed and the amendment to the amendment, as amended, was adopted.
������������� The Speaker called Sanders to the Chair.
����� Mariani withdrew his amendment, as amended, to H. F. No. 2, the third engrossment.
����� The Speaker resumed the Chair.
Yarusso moved to amend H. F. No. 2, the third engrossment, as follows:
Page 13, line 15, after the period, insert "A school district or charter school must notify a student's parent or guardian before placing the student in the classroom of a nonlicensed community expert hired by the district or school to provide instruction under this section."
����� A roll call was requested and properly seconded.
����� The question was taken on the Yarusso amendment and the roll was called.� There were 133 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The motion prevailed and the amendment was adopted.
Slocum moved to amend H. F. No. 2, the third engrossment, as amended.
����� Loon requested a division of the Slocum amendment to H. F. No. 2, the third engrossment, as amended.
������������� The first portion of the Slocum amendment to H. F. No. 2, the third engrossment, as amended, reads as follows:
Page 19, after line 7, insert:
"(d) Evaluation outcomes and effectiveness categories under paragraph (b) must not be used to place a teacher on unrequested leave of absence if the principal evaluating the teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph (b), clause (8)."
Page 19, line 8, delete "(d)" and insert "(e)"
Page 26, after line 3, insert:
"(f) Evaluation outcomes and effectiveness categories under paragraph (b) must not be used to place a teacher on unrequested leave of absence if the principal evaluating the teacher is on an improvement plan under section 123B.147, subdivision 3, paragraph (b), clause (8)."
����� A roll call was requested and properly seconded.
����� The question was taken on the first portion of the Slocum amendment and the roll was called.� There were 133 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The motion prevailed and the first portion of the Slocum amendment was adopted.
����� The second portion of the Slocum amendment to H. F. No. 2, the third engrossment, as amended, reads as follows:
Page 26, after line 23, insert:
"Sec. 19.� Minnesota Statutes 2014, section 123B.147, subdivision 3, is amended to read:
Subd. 3.� Duties; evaluation.� (a) The principal shall provide administrative, supervisory, and instructional leadership services, under the supervision of the superintendent of schools of the district and according to the policies, rules, and regulations of the school board, for the planning, management, operation, and evaluation of the education program of the building or buildings to which the principal is assigned.
(b) To enhance a principal's leadership skills and support and improve teaching practices, school performance, and student achievement for diverse student populations, including at-risk students, children with disabilities, English learners, and gifted students, among others, a district must develop and implement a performance-based system for annually evaluating school principals assigned to supervise a school building within the district.� The evaluation must be designed to improve teaching and learning by supporting the principal in shaping the school's professional environment and developing teacher quality, performance, and effectiveness.� The annual evaluation must:
(1) support and improve a principal's instructional leadership, organizational management, and professional development, and strengthen the principal's capacity in the areas of instruction, supervision, evaluation, and teacher development;
(2) include formative and summative evaluations based on multiple measures of student progress toward career and college readiness;
(3) be consistent with a principal's job description, a district's long-term plans and goals, and the principal's own professional multiyear growth plans and goals, all of which must support the principal's leadership behaviors and practices, rigorous curriculum, school performance, and high-quality instruction;
(4) include on-the-job observations and previous evaluations;
(5) allow use data from teacher
surveys to help identify a principal's effectiveness, leadership skills
and processes, and strengths and weaknesses in exercising leadership in pursuit
of school success;
(6) use longitudinal data on student academic growth as 35 percent of the evaluation and incorporate district achievement goals and targets;
(7) be linked to professional development
that emphasizes improved teaching and learning, curriculum and instruction,
student learning, and a collaborative professional culture; and
(8) for principals not meeting standards of
professional practice or other criteria under this subdivision, implement a
plan to improve the principal's performance and specify the procedure and
consequence if the principal's performance is not improved that includes
established goals and timelines; and
(9) discipline a principal for not making adequate progress in the principal's improvement plan under clause (8), which may include a last chance warning, termination, discharge, transfer, a leave of absence, or other discipline a school administrator determines is appropriate.
The provisions of this paragraph are intended to provide districts with sufficient flexibility to accommodate district needs and goals related to developing, supporting, and evaluating principals.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
������������� The question was taken on the second portion of the Slocum amendment and the roll was called.� There were 62 yeas and 71 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the second portion of the Slocum amendment was not adopted.
Winkler moved to amend H. F. No. 2, the third engrossment, as amended, as follows:
Page 3, line 10, after the first "elementary" insert ", middle," and after the second "elementary" insert ", middle,"
Page 3, line 11, after "elementary" insert ", middle,"
����� A roll call was requested and properly seconded.
����� Winkler offered an amendment to the Winkler amendment to H. F. No. 2, the third engrossment, as amended.
POINT OF ORDER
����� Erickson raised a point of order pursuant to rule 3.21(b) that the Winkler amendment to the Winkler amendment was not in order.� The Speaker ruled the point of order well taken and the Winkler amendment to the Winkler amendment out of order.
������������� Winkler offered an amendment to the Winkler amendment to H. F. No. 2, the third engrossment, as amended.
POINT OF ORDER
����� Erickson raised a point of order pursuant to rule 3.21(b) that the Winkler amendment to the Winkler amendment was not in order.� The Speaker ruled the point of order well taken and the Winkler amendment to the Winkler amendment out of order.
����� Winkler offered an amendment to the Winkler amendment to H. F. No. 2, the third engrossment, as amended.
POINT OF ORDER
����� Erickson raised a point of order pursuant to rule 3.21(b) that the Winkler amendment to the Winkler amendment was not in order.� The Speaker ruled the point of order well taken and the Winkler amendment to the Winkler amendment out of order.
����� The question recurred on the Winkler amendment and the roll was called.� There were 12 yeas and 120 nays as follows:
����� Those who voted in the affirmative were:
Applebaum
Dehn, R.
Hornstein
Johnson, C.
Knoblach
Marquart
Melin
Newberger
Selcer
Slocum
Thissen
Winkler
����� Those who voted in the negative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Johnson, B.
Johnson, S.
Kahn
Kelly
Kiel
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Simonson
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment was not adopted.
������������� Melin offered an amendment to H. F. No. 2, the third engrossment, as amended.
POINT OF ORDER
����� Albright raised a point of order pursuant to rule 3.21 that the Melin amendment was not in order.� The Speaker ruled the point of order well taken and the Melin amendment out of order.
Newton moved to amend H. F. No. 2, the third engrossment, as amended, as follows:
Page 18, line 14, after "later" insert "for those school districts identified by the commissioner as having a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 19, line 11, after "date" insert "by those school districts identified by the commissioner as eligible to participate under paragraphs (b) and (c) of this subdivision by having a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 19, line 19, delete "only" and insert "and for school districts unable to provide a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 24, line 27, after "years" insert "and for those school districts unable to provide a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 24, line 31, after "later" insert "for those school districts identified by the commissioner as having a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 25, line 28, after "years" insert "and for those districts unable to provide a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 25, line 36, after "years" insert "and for those districts unable to provide a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 26, line 6, after "date" insert "by those school districts identified by the commissioner as eligible to participate under paragraphs (b) and (c) of this subdivision by having a student-to-school counselor ratio of no more than 250 students for each school counselor"
Page 27, delete section 21
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
Marquart moved to amend the Newton amendment to H. F. No. 2, the third engrossment, as amended, as follows:
Page 1, line 4, after "counselor" insert "and, upon certification by the commissioner of education, that all school districts will receive either teacher development and evaluation aid or alternate teacher professional pay aid, and that the legislature has appropriated at least as much state aid for teacher development and evaluation as for the alternative teacher professional pay program"
Page 1, line 8, after "counselor" insert "and, upon certification by the commissioner of education, that all school districts will receive either teacher development and evaluation aid or alternate teacher professional pay aid, and that the legislature has appropriated at least as much state aid for teacher development and evaluation as for the alternative teacher professional pay program"
Page 1, line 10, after the second "counselor" insert "or upon certification by the commissioner of education that not all districts are eligible for similar amounts of teacher development and evaluation aid or alternative teacher professional pay aid"
Page 1, line 12, after the second "counselor" insert "or upon certification by the commissioner of education that not all districts are eligible for similar amounts of teacher development and evaluation aid or alternative teacher professional pay aid"
Page 1, line 15, after "counselor" insert "and, upon certification by the commissioner of education, that all school districts will receive either teacher development and evaluation aid or alternate teacher professional pay aid, and that the legislature has appropriated at least as much state aid for teacher development and evaluation as for the alternative teacher professional pay program"
Page 1, line 17, after the second "counselor" insert "or upon certification by the commissioner of education that not all districts are eligible for similar amounts of teacher development and evaluation aid or alternative teacher professional pay aid"
Page 1, line 19, after the second "counselor" insert "or upon certification by the commissioner of education that not all districts are eligible for similar amounts of teacher development and evaluation aid or alternative teacher professional pay aid"
Page 1, line 23, after "counselor" insert "and, upon certification by the commissioner of education, that all school districts will receive either teacher development and evaluation aid or alternate teacher professional pay aid, and that the legislature has appropriated at least as much state aid for teacher development and evaluation as for the alternative teacher professional pay program"
����� A roll call was requested and properly seconded.
����� The question was taken on the Marquart amendment to the Newton amendment and the roll was called.� There were 64 yeas and 69 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Baker
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Franson
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
������������� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment to the amendment was not adopted.
Murphy, E., moved to amend the Newton amendment to H. F. No. 2, the third engrossment, as amended, as follows:
Page 1, line 4, after "counselor" insert "and having universal prekindergarten programs available for all four-year-old children"
Page 1, line 8, after "counselor" insert "and having universal prekindergarten programs available for all four-year-old children"
Page 1, line 10, after the second "counselor" insert "or not having universal prekindergarten programs available for all four-year-old children"
Page 1, line 12, after the second "counselor" insert "or not having universal prekindergarten programs available for all four-year-old children"
Page 1, line 15, after "counselor" insert "and having universal prekindergarten programs available for all four-year-old children"
Page 1, line 17, after the second "counselor" insert "or not having universal prekindergarten programs available for all four-year-old children"
Page 1, line 19, after the second "counselor" insert "or not having universal prekindergarten programs available for all four-year-old children"
Page 1, line 23, after "counselor" insert "and having universal prekindergarten programs available for all four-year-old children"
����� A roll call was requested and properly seconded.
����� The question was taken on the Murphy, E., amendment to the Newton amendment and the roll was called.� There were 56 yeas and 77 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Pinto
Poppe
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Liebling
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Mullery
Nash
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Rosenthal
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Yarusso
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment to the amendment was not adopted.
Winkler moved to amend the Newton amendment to H. F. No. 2, the third engrossment, as amended, as follows:
Page 1, line 4, after "counselor" insert "and having early learning scholarships available for all eligible children"
Page 1, line 8, after "counselor" insert "and having early learning scholarships available for all eligible children"
Page 1, line 10, after the second "counselor" insert "or not having early learning scholarships available for all eligible children"
Page 1, line 12, after the second "counselor" insert "or not having early learning scholarships available for all eligible children"
Page 1, line 15, after "counselor" insert "and having early learning scholarships available for all eligible children"
Page 1, line 17, after the second "counselor" insert "or not having early learning scholarships available for all eligible children"
Page 1, line 19, after the second "counselor" insert "or not having early learning scholarships available for all eligible children"
Page 1, line 23, after "counselor" insert "and having early learning scholarships available for all eligible children"
����� A roll call was requested and properly seconded.
������������� The question was taken on the Winkler amendment to the Newton amendment and the roll was called.� There were 62 yeas and 71 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment to the amendment was not adopted.
����� The question recurred on the Newton amendment and the roll was called.� There were 61 yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment was not adopted.
Mariani moved to amend H. F. No. 2, the third engrossment, as amended, as follows:
Page 18, line 14, after "later" insert "for those school districts identified by the commissioner as having a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 19, line 11, after "date" insert "by those school districts identified by the commissioner as eligible to participate under paragraphs (b) and (c) of this subdivision by having a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 19, line 19, delete "only" and insert "and for school districts unable to provide a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 24, line 27, after "years" insert "and for those school districts unable to provide a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 24, line 31, after "later" insert "for those school districts identified by the commissioner as having a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 25, line 28, after "years" insert "and for those districts unable to provide a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 25, line 36, after "years" insert "and for those districts unable to provide a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 26, line 6, after "date" insert "by those school districts identified by the commissioner as eligible to participate under paragraphs (b) and (c) of this subdivision by having a student-to-school nurse ratio of no more than 750 students for each school nurse"
Page 27, delete section 21
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
������������� The question was taken on the Mariani amendment and the roll was called.� There were 60 yeas and 73 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Liebling
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment was not adopted.
Mariani moved to amend H. F. No. 2, the third engrossment, as amended, as follows:
Page 13, delete section 9
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Mariani amendment and the roll was called.� There were 62 yeas and 71 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
����� The motion did not prevail and the amendment was not adopted.
����� H. F. No. 2, A bill for an act relating to education; clarifying conditions for teacher licensure and employment; amending alternative teacher licensure; providing for teacher licensure reciprocity with adjoining states; clarifying the license via portfolio option; clarifying the exemption for technical education instructors; clarifying decisions affecting teachers' unrequested leaves of absence and teaching assignments; prohibiting school administrators from placing students with ineffective teachers; clarifying teacher skills examination requirements; amending Minnesota Statutes 2014, sections 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.20, subdivision 1; 122A.21, subdivision 2; 122A.23; 122A.245, subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.40, subdivisions 5, 8, 10, 11; 122A.41, subdivisions 2, 5, 14; 123A.75, subdivision 1; 179A.20, by adding a subdivision; repealing Minnesota Statutes 2014, section 122A.40, subdivision 11.
����� 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 70 yeas and 63 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rarick
Sanders
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Whelan
Wills
Zerwas
Spk. Daudt
������������� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Cornish
Davnie
Dehn, R.
Dill
Erhardt
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Pinto
Poppe
Rosenthal
Schoen
Schultz
Selcer
Simonson
Slocum
Sundin
Thissen
Wagenius
Ward
Winkler
Yarusso
Youakim
����� The bill was passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
����� Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Monday, March 9, 2015 and established a prefiling requirement for amendments offered to the following bill:
����� H. F. No. 12.
MOTIONS AND RESOLUTIONS
����� Hamilton moved that the name of Pinto be added as an author on H. F. No. 97.� The motion prevailed.
����� Clark moved that the name of Loeffler be added as an author on H. F. No. 98.� The motion prevailed.
����� Scott moved that the name of Wills be added as an author on H. F. No. 99.� The motion prevailed.
����� Kahn moved that the name of Isaacson be added as an author on H. F. No. 165.� The motion prevailed.
����� Garofalo moved that the name of Sanders be added as an author on H. F. No. 182.� The motion prevailed.
����� Davids moved that the name of Backer be added as an author on H. F. No. 189.� The motion prevailed.
����� Moran moved that the name of Isaacson be added as an author on H. F. No. 212.� The motion prevailed.
����� Davids moved that the name of Backer be added as an author on H. F. No. 213.� The motion prevailed.
����� Mack moved that the name of Backer be added as an author on H. F. No. 261.� The motion prevailed.
����� Schomacker moved that the names of Knoblach and Gruenhagen be added as authors on H. F. No. 316.� The motion prevailed.
����� Dettmer moved that the name of Loeffler be added as an author on H. F. No. 329.� The motion prevailed.
������������� Hoppe moved that the name of Backer be added as an author on H. F. No. 346.� The motion prevailed.
����� Zerwas moved that the name of Applebaum be added as an author on H. F. No. 425.� The motion prevailed.
����� Kresha moved that the names of Ward and Isaacson be added as authors on H. F. No. 438.� The motion prevailed.
����� Pugh moved that her name be stricken as an author on H. F. No. 570.� The motion prevailed.
����� McDonald moved that the name of Isaacson be added as an author on H. F. No. 647.� The motion prevailed.
����� Albright moved that the name of Ward be added as an author on H. F. No. 688.� The motion prevailed.
����� O'Neill moved that the name of Loeffler be added as an author on H. F. No. 742.� The motion prevailed.
����� Hamilton moved that the name of Hortman be added as an author on H. F. No. 777.� The motion prevailed.
����� Pugh moved that the name of Backer be added as an author on H. F. No. 787.� The motion prevailed.
����� Barrett moved that the name of Hancock be added as an author on H. F. No. 793.� The motion prevailed.
����� Christensen moved that the name of Backer be added as an author on H. F. No. 804.� The motion prevailed.
����� Gunther moved that the name of Anzelc be added as an author on H. F. No. 809.� The motion prevailed.
����� Mullery moved that the name of Loeffler be added as an author on H. F. No. 827.� The motion prevailed.
����� Baker moved that the name of Wagenius be added as an author on H. F. No. 886.� The motion prevailed.
����� Lenczewski moved that the name of Simonson be added as an author on H. F. No. 990.� The motion prevailed.
����� Rarick moved that the name of Hancock be added as an author on H. F. No. 995.� The motion prevailed.
����� Kiel moved that the name of Hancock be added as an author on H. F. No. 1019.� The motion prevailed.
����� Hamilton moved that the names of Hausman and Wagenius be added as authors on H. F. No. 1054.� The motion prevailed.
����� Loon moved that the name of Erhardt be added as an author on H. F. No. 1064.� The motion prevailed.
����� McDonald moved that the name of Erhardt be added as an author on H. F. No. 1091.� The motion prevailed.
����� Atkins moved that his name be stricken as an author on H. F. No. 1099.� The motion prevailed.
����� Howe moved that the name of Lillie be added as an author on H. F. No. 1100.� The motion prevailed.
����� Dean, M., moved that the name of Mack be added as an author on H. F. No. 1145.� The motion prevailed.
����� Anderson, S., moved that the names of Nelson and Youakim be added as authors on H. F. No. 1182.� The motion prevailed.
������������� Zerwas moved that the name of Loeffler be added as an author on H. F. No. 1208.� The motion prevailed.
����� Daniels moved that the name of Bly be added as an author on H. F. No. 1224.� The motion prevailed.
����� Knoblach moved that the name of Loonan be added as an author on H. F. No. 1282.� The motion prevailed.
����� McNamara moved that the names of Freiberg and Hornstein be added as authors on H. F. No. 1298.� The motion prevailed.
����� Bernardy moved that the name of Loeffler be added as an author on H. F. No. 1306.� The motion prevailed.
����� Pierson moved that the name of Newton be added as an author on H. F. No. 1341.� The motion prevailed.
����� Smith moved that the name of Hortman be added as an author on H. F. No. 1342.� The motion prevailed.
����� Anderson, P., moved that the name of Miller be added as an author on H. F. No. 1379.� The motion prevailed.
����� Urdahl moved that the name of Loeffler be added as an author on H. F. No. 1391.� The motion prevailed.
����� Clark moved that the name of Mariani be added as an author on H. F. No. 1396.� The motion prevailed.
����� Smith moved that the names of Ward and Isaacson be added as authors on H. F. No. 1416.� The motion prevailed.
����� Kahn moved that the name of Ward be added as an author on H. F. No. 1417.� The motion prevailed.
����� Swedzinski moved that the names of Theis; Anderson, P.; Heintzeman; Howe and Baker be added as authors on H. F. No. 1422.� The motion prevailed.
����� Isaacson moved that the names of Erhardt and Ward be added as authors on H. F. No. 1426.� The motion prevailed.
����� Moran moved that the name of Ward be added as an author on H. F. No. 1428.� The motion prevailed.
����� Dill moved that the name of Lillie be added as an author on H. F. No. 1430.� The motion prevailed.
����� Schultz moved that the names of Freiberg, Lillie and Ward be added as authors on H. F. No. 1440.� The motion prevailed.
����� Davnie moved that the name of Ward be added as an author on H. F. No. 1444.� The motion prevailed.
����� Selcer moved that the names of Ward, Lenczewski and Isaacson be added as authors on H. F. No. 1445.� The motion prevailed.
����� Selcer moved that the name of Ward be added as an author on H. F. No. 1446.� The motion prevailed.
����� Schultz moved that the names of Ward and Freiberg be added as authors on H. F. No. 1449.� The motion prevailed.
����� Liebling moved that the name of Ward be added as an author on H. F. No. 1458.� The motion prevailed.
������������� Davnie moved that the name of Ward be added as an author on H. F. No. 1462.� The motion prevailed.
����� Hackbarth moved that H. F. No. 1262 be recalled from the Committee on Transportation Policy and Finance and be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.� The motion prevailed.
����� Isaacson moved that H. F. No. 1426 be recalled from the Committee on Higher Education Policy and Finance and be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.� The motion prevailed.
ADJOURNMENT
����� Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, March 9, 2015.� The motion prevailed.
����� Peppin moved that the House adjourn.� The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, March 9, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives