STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2016
_____________________
NINETY-EIGHTH
DAY
Saint Paul, Minnesota, Thursday, May 12, 2016
����� The House of Representatives convened at 9:00
a.m. and was called to order by Tara Mack, Speaker pro tempore.
����� Prayer was offered by the Reverend
Jermaine Ross Allam, Kwanzaa Community Church, Minneapolis, and Oak Grove
Presbyterian Church, Bloomington, 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, C.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� A quorum was present.
����� Anderson, M.; Melin and Schomacker were
excused.
����� Schoen was
excused until 12:40 p.m.� Barrett was excused
until 12:50 p.m.� Johnson, S., was
excused until 1:15 p.m.� Ward was excused until 1:25 p.m.� Mariani was excused until 2:00 p.m.� Persell was excused until 3:20 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. 1075 and H. F. No. 1182, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
����� Anderson, S., moved that S. F. No. 1075 be substituted for H. F. No. 1182 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 1440 and H. F. No. 1652, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
����� Baker moved that S. F. No. 1440 be substituted for H. F. No. 1652 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 2802 and H. F. No. 2389, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
����� Franson moved that S. F. No. 2802 be substituted for H. F. No. 2389 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 2881 and H. F. No. 3276, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
����� Mack moved that S. F. No. 2881 be substituted for H. F. No. 3276 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 3047 and H. F. No. 3285, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
����� Davids moved that S. F. No. 3047 be substituted for H. F. No. 3285 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 3175 and H. F. No. 3309, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
����� Hoppe moved that S. F. No. 3175 be substituted for H. F. No. 3309 and that the House File be indefinitely postponed.� The motion prevailed.
����� S. F. No. 3368 and H. F. No. 3723, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
����� Drazkowski moved that S. F. No. 3368 be substituted for H. F. No. 3723 and that the House File be indefinitely postponed.� The motion prevailed.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 3959, A bill for an act relating to transportation; authorizing and governing implementation of requirements of the federal REAL ID Act; amending certain requirements governing driver's licenses and Minnesota identification cards; amending certain fees; requiring legislative reporting; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 171.01, by adding a subdivision; 171.017; 171.06, subdivisions 1, 3, by adding a subdivision; 171.07, subdivisions 1, 3, 4, 9a; 171.072; 171.12, by adding subdivisions; 171.27; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision to read:
Subd. 41a.� Noncompliant
license; noncompliant identification card.�
"Noncompliant license," "noncompliant
identification card," or "noncompliant license or identification
card," means a driver's license or Minnesota identification card issued
under section 171.019, subdivision 2, clause (2).
Sec. 2.� Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision to read:
Subd. 45b.� REAL
ID Act.� "REAL ID
Act" means the REAL ID Act of 2005, Public Law 109-13, Division B.
Sec. 3.� Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision to read:
Subd. 48b.� Temporary
lawful status.� "Temporary
lawful status" has the meaning given in Code of Federal Regulations, title
6, section 37.3.
Sec. 4.� Minnesota Statutes 2014, section 171.017, is amended to read:
171.017
BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S LICENSE AGENTS AND
CERTAIN EMPLOYEES.
Subdivision 1.� Background
checks authorized.� The commissioner shall
must investigate the criminal history background of any driver's
license agent and any current or prospective employees of the department or
driver's license agent being considered for any position with the
department that has or will have the ability to:
(1) the ability to create or modify
records of applicants for identification cards and driver's licenses,
including enhanced drivers' licenses under section 171.01, subdivision
31a, or and enhanced identification cards under section 171.01,
subdivision 31b;
(2) the ability to issue enhanced
drivers' licenses under section 171.01, subdivision 31a, or enhanced
identification cards under section 171.01, subdivision 31b; or
(3) the ability to administer
knowledge or skills tests under section 171.13 to an applicant for a commercial
driver's license.
Subd. 2.� Procedure.� (a) The commissioner must request a criminal history background check from the superintendent of the Bureau of Criminal Apprehension on all individuals specified in subdivision 1.� A request under this section must be accompanied by an executed criminal history consent form, including fingerprints, signed by the agent or the current or prospective employee being investigated.
(b) After receiving a request under paragraph (a), the superintendent of the Bureau of Criminal Apprehension shall perform the background check required under subdivision 1.� The superintendent shall retrieve criminal history data as defined in section 13.87, conduct a search of the national criminal records repository, and provide wants and warrant information from federal and state repositories.� The superintendent is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal history check.� The superintendent shall return the results of the background checks to the commissioner to determine whether:
(1) the agent, employee, or applicant for employment specified in subdivision 1, clause (1) or (2), has committed a disqualifying crime under Code of Federal Regulations, title 49, section 1572.103; or
(2) the employee or applicant for employment specified in subdivision 1, clause (3), has a conviction of the type specified by Code of Federal Regulations, title 49, section 384.228(j).
(c) The superintendent shall recover the cost to the bureau of a background check through a fee charged to the commissioner or the driver's license agent, as appropriate, for the person on whom a background check is performed.
Subd. 3.� Notification by other criminal justice agencies.� Criminal justice agencies, as defined by section 13.02, subdivision 3a, shall provide the commissioner with information they possess and that the commissioner requires for the purposes of determining the employment suitability of current or prospective employees subject to this section.
Subd. 4.� Annual
background checks in certain instances.� Consistent
with Code of Federal Regulations, title 49, section 384.228, the commissioner
shall request and the superintendent shall conduct annual background checks for
the department employees specified in subdivision 1, clause (3).� Annual background checks under this
subdivision shall must be performed in a manner consistent with
subdivisions 2 and 3.
EFFECTIVE
DATE.� This section is
effective July 1, 2017.
Sec. 5.� [171.019]
REAL ID ACT CONFORMITY; LIMITATIONS.
Subdivision 1.� Definition.� For purposes of this section,
"federal change" means an appreciable modification or addition to
REAL ID Act requirements, made after the effective date of this act, with
respect to:� legal requirements;
processes; policies and procedures; or data collection, storage, and
dissemination.� Federal change includes
but is not limited to a modification:
(1) in what constitutes an official
purpose under Code of Federal Regulations, title 6, part 37;
(2) in the machine-readable technology
standards for a license or Minnesota identification card;
(3) in the information provided on the
face of the license or Minnesota identification card;
(4) that relates to dissemination of
state-provided data to or among federal agencies, other states, organizations
operating under agreement among the states, or private entities; and
(5) that imposes an identifiable cost
for the state of Minnesota.
Subd. 2.
� License and Minnesota identification card options.� The commissioner must:(1) except as provided in clauses (2)
and (3), meet the requirements of the REAL ID Act for licenses and
identification cards under this chapter, including but not limited to
documentation requirements, administrative processes, electronic validation or
verification of data, and card design and marking;
(2) establish a license and Minnesota
identification card that does not meet all requirements of the REAL ID Act, as
provided in this chapter, including but not limited to section 171.12,
subdivision 7b; and
(3) establish an enhanced driver's
license or enhanced identification card, as provided in this chapter.
Subd. 3.� Limitations.� Compliance under subdivision 2, clause
(1), is limited to those requirements of the REAL ID Act in effect as of the
effective date of this act.� The
commissioner may not take any action to implement or meet the requirements of a
federal change.
Subd. 4.� Legislative
notification.� (a) Upon
identification of an impending or completed federal change, the commissioner
must notify the chairs and ranking minority members of the legislative
committees having jurisdiction over transportation policy and finance, public
safety, and data practices, and the Legislative Commission on Data Practices
and Personal Data Privacy.� Notification
must be submitted as required under section 3.195, except that printed copies
are not required.
(b) Notification under this subdivision
must include a review of the federal change, an initial analysis of data
practices impacts, and any preliminary estimates of implementation costs,
including the availability of additional federal funds.
Subd. 5.� Statutory
construction.� (a) Unless
specifically provided otherwise, a driver's license, instruction permit, or
provisional license includes any noncompliant license.� Unless specifically provided otherwise, a
Minnesota identification card includes any noncompliant identification card.
(b) A noncompliant license does not
include an enhanced driver's license, and a noncompliant identification card
does not include an enhanced identification card.
Sec. 6.� Minnesota Statutes 2014, section 171.04, is amended by adding a subdivision to read:
Subd. 5.� Temporary
lawful admission.� The
commissioner must not issue a driver's license or Minnesota identification card
to an applicant whose lawful temporary admission period, as demonstrated under
section 171.06, subdivision 3, paragraph (b), expires within 30 days of the
date of the application.
Sec. 7.� Minnesota Statutes 2014, section 171.06, subdivision 1, is amended to read:
Subdivision 1.� Forms
of Application format and requirements.� (a) Every application for a
Minnesota identification card, for including an enhanced
identification card, or for a driver's license including for an
instruction permit, for a provisional license, for a driver's
license, or for and an enhanced driver's license, must be
made in a format approved by the department, and.� Every application must be accompanied by payment
of the proper fee.� All first-time
applications and change-of-status applications must be signed in the presence
of the person authorized to accept the application, or the signature on the
application may be verified by a notary public.�
All applications requiring evidence of legal presence in the United
States or United States citizenship
(b) All applicants must sign the
application and declare, under penalty of perjury, that the information
presented in the application is true and correct.� The application must be signed in the
presence of the person authorized to accept the application, or the signature on
the application may be verified by a notary public.
Sec. 8.� Minnesota Statutes 2014, section 171.06, subdivision 3, is amended to read:
Subd. 3.� Contents of application; other information.� (a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social
Security number and is applying for a Minnesota identification card,
instruction permit, or class D provisional or driver's license, that the
applicant certifies verifies that the applicant does not have
is not eligible for a Social Security number;
(4) in the case of an application for an
enhanced driver's license or enhanced identification card, present:
(i) proof satisfactory to the
commissioner of the applicant's full legal name, United States citizenship,
identity, date of birth, Social Security number, and residence address; and
(ii) a photographic identity document;
(5)
contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b);
(6) (4) contain a notification
to the applicant of the availability of a living will/health care directive
designation on the license under section 171.07, subdivision 7; and
(7) (5) contain a space
spaces where the applicant may:
(i) request a veteran designation on
the license under section 171.07, subdivision 15, and the driving record under
section 171.12, subdivision 5a;
(ii) indicate a desire to make an
anatomical gift under paragraph (d); and
(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c.
(b) All applications must be accompanied
by satisfactory evidence demonstrating the applicant's:
(1) identity, date of birth, and Social
Security number, or related documentation as applicable;
(2) principal residence address in
Minnesota, including application for a renewal or change of address, unless the
applicant provides a designated address under section 5B.05; and
(3) lawful status, as defined in Code of
Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced
driver's license or enhanced identification card must be accompanied by:
(1) satisfactory evidence demonstrating
the applicant's full legal name and United States citizenship; and
(2) a photographic identity document.
(b)
(d) If the applicant does not indicate a desire to make an anatomical gift when the application is made, the applicant must be offered a donor document in accordance with section 171.07, subdivision 5.� The application must contain statements sufficient to comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A, so that execution of the application or donor document will make the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a desire to make an anatomical gift.� The application must be accompanied by information describing Minnesota laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts.� The commissioner shall distribute a notice that must accompany all applications for and renewals of a driver's license or Minnesota identification card.� The notice must be prepared in conjunction with a Minnesota organ procurement organization that is certified by the federal Department of Health and Human Services and must include:(1) a statement that provides a fair and reasonable description of the organ donation process, the care of the donor body after death, and the importance of informing family members of the donation decision; and
(2) a telephone number in a certified Minnesota organ procurement organization that may be called with respect to questions regarding anatomical gifts.
(c) (e) The application must
be accompanied also by information containing relevant facts relating to:
(1) the effect of alcohol on driving ability;
(2) the effect of mixing alcohol with drugs;
(3) the laws of Minnesota relating to operation of a motor vehicle while under the influence of alcohol or a controlled substance; and
(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for alcohol-related violations.
Sec. 9.� Minnesota Statutes 2014, section 171.06, is amended by adding a subdivision to read:
Subd. 3b.� Information
for applicants.� (a) The
commissioner must develop summary information on identity document options and
must ensure distribution of the information to all driver's license and
Minnesota identification card applicants.
(b) The summary information must
include the following information, expressed in a clear and concise manner:
(1) a listing of each available type of
driver's license and Minnesota identification card, including a noncompliant
license or identification card, an enhanced driver's license, and an enhanced
identification card;
(2)
the official purposes of and limitations on use for each type of driver's
license and Minnesota identification card;
(3) an overview of data shared outside
the state, including through electronic validation or verification systems, as
part of application and issuance of each type; and
(4) a statement notifying applicants
that a driver's license or Minnesota identification card that meets the
requirements of the REAL ID Act is not mandatory.
(c) An applicant for a noncompliant license or identification card must sign an acknowledgment of understanding of the limitations on its use.�
Sec. 10.� [171.0605]
EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
Subdivision 1.� Scope
and application.� This section
only applies for application and issuance of driver's licenses and Minnesota
identification cards that meet the requirements of the REAL ID Act.� Except as otherwise provided under this
section, the requirements of Minnesota Rules, chapter 7410, or successor rules,
apply.
Subd. 2.� Evidence;
identity; date of birth.� (a)
Only the following is satisfactory evidence under section 171.06, subdivision
3, paragraph (b), of an applicant's identity and date of birth:
(1) a driver's license or
identification card that (i) complies with the requirements of the REAL ID Act,
(ii) is not designated as temporary or limited term, and (iii) is current or
has been expired for five years or less;
(2) a valid, unexpired United States
passport issued by the United States Department of State;
(3) a certified copy of a birth
certificate issued by a government bureau of vital statistics or equivalent
agency in the applicant's state of birth, which must bear the raised or
authorized seal of the issuing government entity;
(4) a consular report of birth abroad,
certification of report of birth, or certification of birth abroad, issued by
the United States Department of State, Form FS-240, DS-1350, or FS-545;
(5) a valid, unexpired permanent
resident card issued by the United States Department of Homeland Security or
the former Immigration and Naturalization Service of the United States
Department of Justice, Form I-551;
(6) a certificate of naturalization
issued by the United States Department of Homeland Security, Form N-550 or Form
N-570;
(7) a certificate of citizenship issued
by the United States Department of Homeland Security, Form N-560 or Form N-56;
(8) an unexpired employment
authorization document issued by the United States Department of Homeland
Security, Form I-766 or Form I-688B;
(9) an unexpired passport that is not
issued by a state and a valid, unexpired United States visa accompanied by
documentation of the applicant's most recent lawful admittance into the United
States; or
(10) a document as designated by the
United States Department of Homeland Security under Code of Federal
Regulations, title 6, part 37.11(c)(1)(x).
(b) A document under paragraph (a) must
be legible and unaltered.
(c) A primary or secondary document
under Minnesota Rules, part 7410.0400, is not satisfactory evidence unless
provided under paragraph (a).
Subd. 3.� Evidence;
lawful status.� Only a form of
documentation identified under subdivision 2 is satisfactory evidence under
section 171.06, subdivision 3, paragraph (b), of an applicant's lawful status.
Subd. 4.� Evidence;
Social Security number.� The
following is satisfactory evidence under section 171.06, subdivision 3,
paragraph (b), of an applicant's Social Security number or related
documentation:
(1) a Social Security card;
(2)
if a Social Security card is not available:
(i) a federal Form W-2;
(ii) a federal Form SSA-1099 or other
federal Form 1099 having the applicant's Social Security number; or
(iii) a computer-printed United States
employment pay stub with the applicant's name, address, and Social Security
number; or
(3) for an applicant who provides a
passport under subdivision 2, paragraph (a), clause (9), documentation
demonstrating nonwork authorized status.
Subd. 5.� Evidence;
residence in Minnesota.� Two
forms of documentation from among the following are satisfactory evidence under
section 171.06, subdivision 3, paragraph (b), of an applicant's principal
residence address in Minnesota:
(1) a home utility services bill issued
no more than 90 days before the application, provided that the commissioner
must not accept a United States home utility bill if two unrelated people are
listed on the bill;
(2) a home utility services hook-up
work order issued no more than 90 days before the application, provided that
the commissioner must not accept a home utility services hook-up work order if
two unrelated people are listed on the work order;
(3) United States financial information
issued no more than 90 days before the application, with account numbers
redacted, including:
(i) a bank account statement;
(ii) a canceled check; or
(iii) a credit card statement;
(4) a United States high school
identification card with a certified transcript from the school, if issued no
more than 180 days before the application;
(5) a Minnesota college or university
identification card with a certified transcript from the college or university,
if issued no more than 180 days before the application;
(6) an employment pay stub issued no
more than 90 days before the application that lists the employer's name,
address, and telephone number;
(7) a Minnesota unemployment insurance
benefit statement issued no more than 90 days before the application;
(8) an assisted living or nursing home
statement issued no more than 90 days before the application;
(9) a life, health, automobile,
homeowner's, or renter's insurance policy issued no more than 90 days before
the application, provided that the commissioner must not accept a proof of
insurance card;
(10) a federal or state income tax
return or statement for the most recent tax filing year;
(11)
a Minnesota property tax statement for the current year that shows the
applicant's principal residential address both on the mailing portion and the
portion stating what property is being taxed;
(12) a Minnesota vehicle certificate of
title, if issued no more than 12 months before the application;
(13) a filed property deed or title for
current residence, if issued no more than 12 months before the application;
(14) a Supplemental Security Income
award statement issued no more than 12 months before the application;
(15) mortgage documents for the
applicant's principal residence;
(16) a residential lease agreement for
the applicant's principal residence issued no more than 12 months before the
application;
(17) a valid driver's license,
including an instruction permit, issued under this chapter;
(18) a valid Minnesota identification
card;
(19) an unexpired Minnesota
professional license;
(20) an unexpired Selective Service
card; or
(21) military orders that are still in
effect at the time of application.
(b) A document under paragraph (a) must
include the applicant's name and an address in Minnesota.
Subd. 6.� Exceptions
process.� The commissioner
must not grant a variance from the requirements of this section under Minnesota
Rules, part 7410.0600, for an applicant having a lawful temporary admission
period.
Sec. 11.� Minnesota Statutes 2014, section 171.07, subdivision 1, is amended to read:
Subdivision 1.� License;
contents and design.� (a) Upon
the payment of the required fee, the department shall issue to every qualifying
applicant a license designating the type or class of vehicles the applicant is
authorized to drive as applied for.� This
license must bear:� (1) a
distinguishing number assigned to the licensee; (2) the licensee's full
name and date of birth; (3) either (1) (i) the licensee's
residence address, or (2) (ii) the designated address under
section 5B.05; (4) a description of the licensee in a manner as the
commissioner deems necessary; and (5) the usual signature of the
licensee; and (6) designations and markings as provided in this section.� No license is valid unless it bears the usual
signature of the licensee.� Every license
must bear a colored photograph or an electronically produced image of the
licensee.
(b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the license, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address.� When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.
(c) Every license issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."
(d)
The department shall use processes in issuing a license that prohibit, as
nearly as possible, the ability to alter or reproduce a license, or prohibit
the ability to superimpose a photograph or electronically produced image on a
license, without ready detection.
(e) A license issued to an applicant
age 65 or over must be plainly marked "senior" if requested by the
applicant.
(e) A license must bear a
distinguishing indicator for compliance with requirements of the REAL ID Act,
as determined by the commissioner.
(f) A license issued to a person with
temporary lawful status must be marked "temporary" on the face and in
the machine-readable portion of the license.
(g) A license must display the
licensee's full name or no fewer than 39 characters of the name, with any
truncation as necessary, beginning with the last character of the middle name
and proceeding through the second letter of the middle name, followed by the
last character of the first name and proceeding through the second letter of
the first name.
Sec. 12.� Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision to read:
Subd. 1c.� Design
for noncompliant licenses or identification cards.� A noncompliant license or
identification card must:
(1) be printed with "Not for
Federal Purposes" on the face;
(2) meet the requirements under Code of
Federal Regulations, title 6, section 37.71; and
(3) not bear a distinguishing indicator
under subdivision 1, paragraph (e), or subdivision 3, paragraph (e).
Sec. 13.� Minnesota Statutes 2014, section 171.07, subdivision 3, is amended to read:
Subd. 3.� Identification
card; content and design; fee.� (a)
Upon payment of the required fee, the department shall issue to every
qualifying applicant a Minnesota identification card.� The department may not issue a Minnesota
identification card to an individual who has a driver's license, other than a
limited license.� The department may not
issue an enhanced identification card to an individual who is under 16 years of
age, not a resident of this state, or not a citizen of the United States of
America.� The card must bear:� (1) a distinguishing number assigned to
the applicant; (2) a colored photograph or an electronically produced
image of the applicant; (3) the applicant's full name and date of birth;
(4) either (1) (i) the licensee's residence address, or (2)
(ii) the designated address under section 5B.05; (5) a
description of the applicant in the manner as the commissioner deems necessary;
and (6) the usual signature of the applicant; and (7)
designations and markings as provided in this section.
(b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the Minnesota identification card, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address.� When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.
(c) Each identification card issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."
(d) Each Minnesota identification card must be plainly marked "Minnesota identification card - not a driver's license."
(e) A Minnesota identification card
must bear a distinguishing indicator for compliance with requirements of the
REAL ID Act, as determined by the commissioner.
(f) A Minnesota identification card
issued to a person with temporary lawful status must be marked
"temporary" on the face and in the machine-readable portion of the
card.
(g) A Minnesota identification card
must display the cardholder's full name or no fewer than 39 characters of the
name, with any truncation as necessary, beginning with the last character of
the middle name and proceeding through the second letter of the middle name,
followed by the last character of the first name and proceeding through the
second letter of the first name.
(e) (h) The fee for a
Minnesota identification card is 50 cents when issued to a person who is
developmentally disabled, as defined in section 252A.02, subdivision 2; a
physically disabled person, as defined in section 169.345, subdivision 2; or, a
person with mental illness, as described in section 245.462, subdivision 20,
paragraph (c).
Sec. 14.� Minnesota Statutes 2014, section 171.07, subdivision 4, is amended to read:
Subd. 4.� Identification
card expiration.� (a) Except as
otherwise provided in this subdivision, the expiration date of Minnesota
identification cards of for applicants under the age of 65
shall be is the birthday of the applicant in the fourth year
following the date of issuance of the card.
(b) A Minnesota identification card
issued to For an applicant age 65 or older shall be:
(1) the expiration date is the birthday
of the applicant in the eighth year following the date of issuance of the card;
or
(2) a noncompliant identification card
is valid for the lifetime of the applicant, except that.
(c) For the purposes of this
paragraph (b), "Minnesota identification card" does not
include an enhanced identification card issued to an applicant age 65 or older.
(c) (d) The expiration date
for an Under-21 identification card is the cardholder's 21st birthday.� The commissioner shall issue an
identification card to a holder of an Under-21 identification card who applies
for the card, pays the required fee, and presents proof of identity and age,
unless the commissioner determines that the applicant is not qualified for the
identification card.
(e) Notwithstanding paragraphs (a) to
(d), the expiration date for an identification card issued to a person with
temporary lawful status is the last day of the person's legal stay in the
United States, or one year after issuance if the last day of the person's legal
stay is not identified.
Sec. 15.� Minnesota Statutes 2014, section 171.07, subdivision 9a, is amended to read:
Subd. 9a.� Security
for enhanced driver's license and identification card features.� An enhanced (a) A driver's
license or enhanced identification card must include reasonable security
measures to:� prevent forgery,
alteration, reproduction, and counterfeiting; facilitate detection of
fraud; prohibit the ability to superimpose a photograph or electronically
produced image; and to protect against unauthorized disclosure of
personal information regarding residents of this state that is contained
in the enhanced driver's license or enhanced identification card.� The enhanced driver's license must
include the best available anticounterfeit laminate technology.
The
(b) An enhanced driver's license or enhanced identification card may include radio frequency identification technology that is limited to a randomly assigned number, which must be encrypted if agreed to by the United States Department of Homeland Security and does not include biometric data or any information other than the citizenship status of the license holder or cardholder.� The commissioner shall ensure that the radio frequency identification technology is secure from unauthorized data access.� An applicant must sign an acknowledgment of understanding of the radio frequency identification technology and its use for the sole purpose of verifying United States citizenship before being issued an enhanced driver's license or an enhanced identification card.Sec. 16.� Minnesota Statutes 2014, section 171.071, subdivision 3, is amended to read:
Subd. 3.� Exception
Limitations.� Subdivision 1
applies only to a noncompliant license or identification card.� Subdivisions 1 and 2 do not apply to the
commissioner's requirements pertaining to a photograph or electronically
produced image on an enhanced driver's license or an enhanced identification
card.
Sec. 17.� Minnesota Statutes 2014, section 171.072, is amended to read:
171.072
TRIBAL IDENTIFICATION CARD.
(a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of identification.� In application for a noncompliant license or identification card, a tribal identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
(b) For purposes of this section, "tribal identification card" means an unexpired identification card issued by a Minnesota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member.
(c) The tribal identification card must contain security features that make it as impervious to alteration as is reasonably practicable in its design and quality of material and technology.� The security features must use materials that are not readily available to the general public.� The tribal identification card must not be susceptible to reproduction by photocopying or simulation and must be highly resistant to data or photograph substitution and other tampering.�
(d) The requirements of this section do not apply to:� (1) application for a driver's license or Minnesota identification card under this chapter except as provided in paragraph (a); or (2) tribal identification cards used to prove an individual's residence for purposes of section 201.061, subdivision 3.
Sec. 18.� Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision to read:
Subd. 1a.� Driver
and vehicle services information system; security and auditing.� (a) The commissioner must establish
written procedures to ensure that only individuals explicitly authorized by law
may enter, update, or access not public data collected, created, or maintained
by the driver and vehicle services information system.� An authorized individual's ability to enter,
update, or access data in the system must be limited through use of role‑based
access that corresponds to the official duties or training level of the
individual and the statutory authorization granting access for that purpose.� All queries and responses, and all actions in
which data are entered, updated, accessed, shared, or disseminated, must be
recorded in a data audit trail.� Data
contained in the audit trail are public to the extent the data are not
otherwise classified by law.
(b)
The commissioner must immediately and permanently revoke the authorization of
any individual who willfully entered, updated, accessed, shared, or
disseminated data in violation of state or federal law.� If an individual willfully gained access to
data without explicit authorization by law, the commissioner must forward the
matter to the county attorney for prosecution.
(c) The commissioner must arrange for
an independent biennial audit of the driver and vehicle services information
system to determine whether data currently in the system are classified, how
the data are used, and to verify compliance with this subdivision.� The results of the audit are public.� No later than 30 days following completion of
the audit, the commissioner must provide a report summarizing the audit results
to the commissioner of administration; the chairs and ranking minority members
of the committees of the house of representatives and the senate with
jurisdiction over transportation policy and finance, public safety, and data
practices; and the Legislative Commission on Data Practices and Personal Data
Privacy.� The report must be submitted as
required under Minnesota Statutes, section 3.195, except that printed copies
are not required.
EFFECTIVE DATE.� This section is effective on the date of
implementation of the driver's license portion of the Minnesota licensing and
registration system.� The commissioner
shall notify the revisor of statutes regarding the date.
Sec. 19.� Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision to read:
Subd. 3c.� Record
retention; birth certificates.� (a)
If the procedures established by the commissioner for driver's license or
Minnesota identification card records include retention of a physical copy or
digital image of a birth certificate, the commissioner must:
(1) notify a driver's license or
identification card applicant of the retention procedure; and
(2) allow the applicant, licensee, or
identification card holder to designate that the applicant, licensee, or
identification card holder's birth certificate physical copy or digital image
must not be retained.
(b) The commissioner must not retain a
birth certificate if directed by an applicant, licensee, or identification card
holder under paragraph (a), clause (2), but must record and retain data on the
birth certificate required under Code of Federal Regulations, title 6, section
37.31(c).
Sec. 20.� Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision to read:
Subd. 7b.� Noncompliant
license or identification card.� (a)
The commissioner may not, with respect to a noncompliant license or
identification card:
(1) electronically disseminate outside
the state data that is not disseminated as of the effective date of this act;
(2) utilize any electronic validation
or verification system accessible from or maintained outside of the state that
is not in use as of the effective date of this act; or
(3) share any data the department
maintains under section 171.07, subdivision 13.
(b) The limitations in paragraph (a) do
not apply as necessary to maintain compliance with the driver's license compact
under section 171.50.
(c) For purposes of this subdivision,
"outside the state" includes federal agencies, states other than
Minnesota, organizations operating under agreement among the states, and
private entities.
Sec. 21.� Minnesota Statutes 2014, section 171.27, is amended to read:
171.27
EXPIRATION OF LICENSE; MILITARY EXCEPTION.
(a) Except as otherwise provided in this
section, the expiration date for each driver's license, other than
under-21 licenses, is the birthday of the driver in the fourth year
following the date of issuance of the license.�
The birthday of the driver shall be as indicated on the application for
a driver's license.� A license may be
renewed on or before expiration or within one year after expiration upon
application, payment of the required fee, and passing the examination required
of all drivers for renewal.� Driving
privileges shall be extended or renewed on or preceding the expiration date of
an existing driver's license unless the commissioner believes that the licensee
is no longer qualified as a driver.
(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee.� Upon the licensee attaining the age of 21 and upon the application, payment of the required fee, and passing the examination required of all drivers for renewal, a driver's license shall be issued unless the commissioner determines that the licensee is no longer qualified as a driver.
(c) The expiration date for each provisional license is two years after the date of application for the provisional license.
(d) Notwithstanding paragraphs (a) to
(c), the expiration date for a license issued to a person with temporary lawful
status is the last day of the person's legal stay in the United States, or one
year after issuance if the last day of the person's legal stay is not
identified.
(d) (e) Any valid Minnesota
driver's license issued to a person then or subsequently serving outside
Minnesota in active military service, as defined in section 190.05, subdivision
5, in any branch or unit of the armed forces of the United States, or the
person's spouse, shall continue in full force and effect without requirement
for renewal until the date one year following the service member's separation
or discharge from active military service, and until the license holder's
birthday in the fourth full year following the person's most recent license
renewal or, in the case of a provisional license, until the person's birthday
in the third full year following the renewal.
Sec. 22.� REAL
ID ACT IMPLEMENTATION.
Subdivision 1.� Definition.� For purposes of this section,
"REAL ID Act" means the REAL ID Act of 2005, Public Law 109-13,
Division B.
Subd. 2.� Full
implementation and conformity; deadline.�
The commissioner of public safety must implement the provisions
of this act in a manner to ensure full compliance and conformity with the
requirements of the
REAL ID Act, including the ability to issue fully compliant driver's licenses
and Minnesota identification cards, no later than October 1, 2016.
Subd. 3.� Mandatory
reissuance prohibition.� When
implementing the REAL ID Act requirements under this act and Minnesota
Statutes, chapter 171, the commissioner of public safety is prohibited from
requiring renewal or reissuance of a driver's license or Minnesota
identification card earlier than required under the regular issuance time
period.� Nothing in this subdivision
prevents suspension, cancellation, or revocation as provided in Minnesota
Statutes, chapter 171.
Subd. 4.� Legislative
reporting.� (a) The
commissioner of public safety must establish an implementation schedule for
meeting the requirements under subdivision 2.�
The schedule must include monthly implementation activity and milestones.� On or before the last business day of each
month until full implementation and compliance is achieved, the commissioner
must submit a status update that provides details on the implementation
schedule, activity and accomplishments since the previous status update,
identified risks to implementation, and overall status.
(b)
By January 15, 2017, the commissioner of public safety must submit a revision
to the report required under Laws 2016, chapter 83, section 2, subdivision 2.� At a minimum, the report must provide (1)
revised information and analysis for each of the planning activities required
for the 2016 report, and (2) implementation status information.
(c) Each implementation status update
under paragraph (a) and the report under paragraph (b) must be submitted to the
chairs and ranking minority members of the legislative committees with
jurisdiction over transportation policy and finance, public safety, civil law,
and data practices, and to the Legislative Commission on Data Practices and
Personal Data Privacy.� The report must
be submitted as required under Minnesota Statutes, section 3.195, except that
printed copies are not required.
Sec. 23.� APPROPRIATION.
$6,270,000 in fiscal year 2016 is
appropriated from the driver services operating account in the special revenue
fund to the commissioner of public safety for implementation and conformity
with requirements of the REAL ID Act of 2005, Public Law 109-13, Division B, as
provided under this act.� This is a
onetime appropriation.
Sec. 24.� REVISOR'S
INSTRUCTION.
The revisor of statutes shall renumber
Minnesota Statutes, section 171.06, subdivision 3, paragraphs (d) and (e), as
Minnesota Statutes, section 171.06, subdivision 3b, paragraphs (c) and (d).� The revisor shall also make any necessary
cross-reference changes consistent with the renumbering.
Sec. 25.� REPEALER.
Laws 2009, chapter 92, section 1, as
amended by Laws 2016, chapter 83, section 1, is repealed.
Sec. 26.� EFFECTIVE
DATE.
Except
as specifically provided otherwise, this act is effective the day following
final enactment.� Sections 1 to 21 apply
for application and issuance of driver's licenses and Minnesota identification
cards on and after October 1, 2016."
Delete the title and insert:
"A bill for an act relating to transportation; authorizing and governing implementation of requirements of the federal REAL ID Act; amending certain requirements governing driver's licenses and Minnesota identification cards; amending certain fees; requiring legislative reporting; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 171.01, by adding subdivisions; 171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 3, by adding a subdivision; 171.07, subdivisions 1, 3, 4, 9a, by adding a subdivision; 171.071, subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended."
With the recommendation that when so amended the bill be placed on the General Register.
����� The report was adopted.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 3980, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2014, section 124D.90, subdivision 4.
Reported the same back with the recommendation that the bill be placed on the General Register.
����� The report was adopted.
����� Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3980 was re‑referred to the Committee on Rules and Legislative Administration.
Scott from the Committee on Civil Law and Data Practices to which was referred:
H. F. No. 3994, A bill for an act relating to civil actions; recognizing a property right in a person's name, voice, signature, photograph, or likeness; prohibiting unauthorized use; providing remedies; proposing coding for new law as Minnesota Statutes, chapter 564.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1.� [604.25]
RIGHT OF PUBLICITY; CAUSE OF ACTION.
Subdivision 1.� Definitions.� "Photograph" means a film or
digital photograph or photographic reproduction, still or moving, or a
videotape or live television transmission.
Subd. 2.� Cause
of action for right of publicity.� (a)
A person is liable in a civil action for violating an individual's right of
publicity if that person uses another individual or a deceased individual's
name, voice, signature, photograph, or likeness, in any manner, without consent
from the person or persons consistent with paragraph (b):
(1) on or in products, merchandise,
goods, or services;
(2) for purposes of advertising or
selling; or
(3) for soliciting purchases of
products, merchandise, goods, or services.
(b) A person must have the prior
consent of an individual to use their likeness for any of the purposes listed
in paragraph (a).� When an individual has
assigned or licensed their right of publicity, a person must have the consent
of the person holding the right of the license or assignment to use their
likeness for any of the purposes listed in paragraph (a), which may extend
beyond the individual's lifetime when provided for in the license or assignment.� In the case of a minor, a person must have
the prior consent of a minor's parent or legal guardian.� For the purposes of a deceased individual,
the person must have the consent of the personal representative, administrator,
heir, or devisee of such deceased individual, or an assignee of the rights,
consistent with subdivision 4.
(c) For the purposes of this section,
the individual in the photograph must be readily identifiable, which means a
reasonable person could determine who the individual depicted in the photograph
is without using technology to enhance the image.
(d)
The individual whose right of publicity is the basis for the action must be
domiciled in Minnesota, or have been domiciled in Minnesota, at the time of
their death to maintain an action under this section.
Subd. 3.� Damages.� (a) A person who violates subdivision
2, is liable for:
(1) actual damages;
(2) an amount equal to the profits
earned through the unauthorized use of an individual or deceased individual's
likeness; and
(3) punitive damages consistent with
section 549.20.
(b) In determining the amount of profit
earned under paragraph (a), clause (2), the injured party shall be required to
present proof only of the gross revenue attributable to the use of another's
likeness and the burden to prove deductible expenses from that amount shall be
on the party defending the action.
(c) A prevailing party in an action
under subdivision 2, shall be entitled to reasonable attorneys fees and costs.
Subd. 4.� Injunctive
relief.� In an action brought
under this section, the court may grant injunctive relief to prevent or
restrain the unauthorized use of individual's name, voice, signature,
photograph, or likeness, including enjoining a defendant from further creation
or distribution of materials that were used to violate an individual or
deceased individual's right of publicity.
Subd. 5.� Right
of publicity of decedent.� (a)
The right of publicity in subdivision 2 is transferable and descendible, in
whole or in part, by contract or by means of any governing instrument.� The rights recognized under this section
shall be deemed to have existed at the time of death of any deceased individual
and shall vest in the persons entitled to these property rights under a
contract or other governing instrument.� For
the purposes of this section, "governing instrument" has the meaning
given in section 524.1-201, clause (26).
(b) In the absence of an express
transfer in a governing instrument consistent with paragraph (a), the deceased
individual's rights in his or her name, voice, signature, photograph, or
likeness, shall be distributed pursuant to a provision in the governing
instrument that provides for the disposition of the residue of the deceased
individual's assets, and shall be effective to transfer the rights recognized
under this section.
(c) In the absence of a contract or
governing document consistent with paragraph (a) or (b), the right of publicity
of an individual shall descend to the heirs of the individual pursuant to
chapter 524.
(d) The rights provided for in this
section are exclusive to the individual, subject to the assignment or licensing
of the rights, during the individual's lifetime.
(e) After the death of the individual,
the rights provided for in this section are exclusive to the personal
representative, trustee, administrator, heirs, devisees, or assignees for a
minimum period of 50 years after the death of the individual, however may be
maintained for up to 100 years so long as the right has not been abandon.� A right of publicity of a decedent is
considered abandoned when the personal representative, trustee, administrator,
heir, devisee, or assignee has failed to use the right for commercial purposes
for two consecutive years after the initial 50‑year period following the
individual's death.
Subd. 6.� Fair
use; exceptions.� A person is
not liable under this section when an individual or deceased individual's name,
voice, signature, photograph, or likeness is used in connection with media
reporting of news, public affairs, sports broadcasting, or commentary and
criticism.� A person also is not liable
under this section when an individual or deceased individual's name, voice,
signature, photograph, or likeness is used in the following works
as
long as such use does not constitute an advertisement, endorsement, or
solicitation for the sale or purchase of another product or service:� a play, book, or other literary work; a
theatrical work; a musical composition, musical sound recording, or similar
musical work; a documentary, film, motion picture, or television program; a
single work of original art; or an advertisement or commercial or promotional
announcement for any of the permitted uses identified in this subdivision.
Subd. 7.� Commercial
sponsorship.� The use of an
individual or deceased individual's name, voice, signature, photograph, or
likeness is not a violation of subdivision 2 solely because the use of an
individual or deceased individual's name, voice, signature, photograph, or
likeness appears in the medium that contains commercial sponsorship or paid
advertising.� It is a question of fact
whether or not the use of the complaining individual's or deceased individual's
name, voice, signature, photograph or likeness was so directly connected with
the commercial sponsorship or with the paid advertising as to constitute a
violation of subdivision 2.
Subd. 8.� Immunity;
publications.� Owners or
employees of a medium of distribution or publication used for advertising,
including but not limited to newspapers, magazines, radio and television
networks and stations, cable television systems, billboard owners, and transit
authorities or organizations, shall not be found liable under this section for
the publication or dissemination of an advertisement or solicitation that
violates this section, unless the owner or employee had knowledge that the use
of the individual or deceased individual's name, voice, signature, photograph,
or likeness was unauthorized or without prior consent.
Subd. 9.� Application;
chapter 333.� This section
applies to an individual otherwise entitled to the protections afforded under
chapter 333.
Subd. 10.� Cumulative.� The remedies provided for in this
section are cumulative and are in addition to other remedies provided for by
law or in equity.
EFFECTIVE DATE.� This section is effective August 1, 2016, and applies to causes of action brought on or after that date.� This section applies to the rights of a deceased individual who was domiciled in Minnesota at the time of their death and who died after August 1, 1966."
Delete the title and insert:
"A bill for an act relating to civil actions; recognizing a property right in a person's name, voice, signature, photograph, or likeness; prohibiting unauthorized use; providing remedies; proposing coding for new law in Minnesota Statutes, chapter 604."
With the recommendation that when so amended the bill be placed on the General Register.
����� The report was adopted.
����� Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3994 was re‑referred to the Committee on Rules and Legislative Administration.
Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:
S. F. No. 498, A bill for an act relating to data practices; classifying portable recording system data; establishing requirements for the destruction of data; requiring policies; imposing requirements on vendors and providing for damage awards; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments to the unofficial engrossment:
Page 4, line 16, after "that" insert ", subject to the restriction in subdivision 4, paragraph (b)," and delete "who is not a peace officer and"
Page 5, line 24, after the period, insert "The identity and activities of an on-duty peace officer engaged in an investigation or response to an emergency, incident, or request for service may not be redacted, unless the officer's identity is subject to protection under section 13.82, subdivision 17, clause (a)."
Page 7, line 9, delete everything after the period and insert "If the governing body with jurisdiction over the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits."
Page 7, delete lines 10 to 11
Page 7, line 12, delete everything before "Data"
Page 7, delete lines 14 to 21 and insert:�
"(b) The results of the audit are public.� The governing body with jurisdiction over the law enforcement agency shall review the results of the audit.� If the governing body determines that there is a pattern of substantial noncompliance with this section, it must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use.� An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting."
Page 7, line 23, delete "commissioner of administration" and insert "governing body with jurisdiction over the law enforcement agency"
Page 8, line 29, after the semicolon, insert "and"
Page 8, line 32, delete "; and" and insert a period
Page 8, delete lines 33 to 35
With the recommendation that when so amended the bill be placed on the General Register.
����� The report was adopted.
SECOND READING OF HOUSE BILLS
����� H. F. No. 3959
was read for the second time.
SECOND READING OF SENATE BILLS
����� S. F. Nos. 1075, 1440, 2802, 2881, 3047, 3175, 3368 and 498 were read for the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
����� The following House Files were introduced:
Barrett and McDonald introduced:
H. F. No. 4002, A bill for an act relating to health; waiving the fee for a certified birth record for certain circumstance; amending Minnesota Statutes 2014, section 144.225, subdivision 7.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Mahoney, Gunther and Norton introduced:
H. F. No. 4003, A bill for an act relating to economic development; local government; creating an account in the special revenue fund; authorizing commissioner of employment and economic development to award grants to local governments to assemble land for economic development; transferring money; appropriating money; 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.
Barrett and McDonald introduced:
H. F. No. 4004, A bill for an act relating to higher education; appropriating money to the University of Minnesota to modify tuition structure.
The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.
Hausman and Flanagan introduced:
H. F. No. 4005, A bill for an act relating to employment; providing a phased-in minimum wage increase; enabling low-income workers to meet basic needs; increasing the working family credit to exceed the federal earned income tax credit; providing increased child care assistance to all low-income workers; reestablishing the Minnesota emergency employment development program; reducing welfare costs to taxpayers; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 5; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 7; 119B.10; 119B.11, subdivision 1; 119B.12, subdivision 2; 119B.13, subdivision 1; 119B.15; 119B.24; 177.24, subdivision 1; Minnesota Statutes 2015 Supplement, sections 119B.035, subdivision 4; 290.0671, subdivision 1; repealing Minnesota Statutes 2014, sections 119B.011, subdivisions 20, 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.05, subdivision 1; 119B.07; 119B.09, subdivisions 3, 4a; 119B.11, subdivision 4; 290.0671, subdivision 7.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Bernardy introduced:
H. F. No. 4006, A bill for an act relating to transportation; governing a driver's license agent appointment.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
����� The Speaker assumed the Chair.
MESSAGES FROM THE SENATE
����� The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1474 and 2603.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1474, A bill for an act relating to health; modifying licensing requirements for body piercing technicians; amending Minnesota Statutes 2014, sections 146B.01, subdivision 28; 146B.03, subdivisions 4, 6, 7, by adding a subdivision; 146B.07, subdivisions 1, 2.
The bill was read for the first time.�
Zerwas moved that S. F. No. 1474 and H. F. No. 1582, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 2603, A bill for an act relating to human rights; adding a requirement for closed captioning on televisions in medical facilities; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time.�
Daniels moved that S. F. No. 2603 and H. F. No. 2742, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
����� Peppin moved that the House recess subject to the call of the Chair.� The motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to order by the Speaker.
���������� Garofalo was excused between the hours of 12:40 p.m. and 2:10 p.m.
����� Sundin was excused for the remainder of today's session.
CALENDAR FOR THE DAY
����� H. F. No. 1372 was reported to the House.
Smith moved to amend H. F. No. 1372, the first engrossment, as follows:
Page 14, delete lines 18 to 20 and insert:
"Subdivision 1.� Permitted
purposes.� In order to achieve
tax objectives that are clearly provided for in the transferor's will, the
court may modify the terms of a governing instrument, in a manner that is not
contrary to the transferor's probable intention, to ensure that the governing
instrument correctly creates an interest:
(1) in which a surviving spouse has a
qualifying income interest with respect to which an election has been or will
be made in whole or in part under section 2056(b)(7), 2056A, or 2523(f) of the
Internal Revenue Code;
(2) which will qualify for the marital
deduction under section 2056 or 2056A of the Internal Revenue Code, by election
or otherwise;
(3)
which will qualify for the charitable deduction under section 2055, 2522, or
642(c) of the Internal Revenue Code;
(4) that is to be excepted, excluded,
or exempt from or under chapter 13 (tax on generation skipping transfers) of
the Internal Revenue Code; or
(5) in a trust that satisfies the
criteria for qualified subchapter S trusts under section 1361(d) of the
Internal Revenue Code.
Subd. 2.� May be retroactive.� The court may provide that a modification under this section has retroactive effect."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Hilstrom moved to amend H. F. No. 1372, the first engrossment, as amended, as follows:
Page 4, after line 10, insert:
"Sec. 2.� [521A.01]
SHORT TITLE.
This chapter may be cited as the
"Revised Uniform Fiduciary Access to Digital Assets Act."
Sec. 3.� [521A.02]
DEFINITIONS.
Subdivision 1.� Applicability.� The definitions in this section apply
to this chapter.
Subd. 2.� Account.� "Account" means an
arrangement under a terms-of-service agreement in which a custodian carries,
maintains, processes, receives, or stores a digital asset of the user or
provides goods or services to the user.
Subd. 3.� Agent.� "Agent" means an attorney-in-fact
granted authority under a durable or nondurable power of attorney.
Subd. 4.� Carries.� "Carries" means engages in
the transmission of an electronic communication.
Subd. 5.� Catalog
of electronic communications.� "Catalog
of electronic communications" means information that identifies each
person with which a user has had an electronic communication, the time and date
of the communication, and the electronic address of the person.
Subd. 6.� Conservator.� "Conservator" means a person
appointed by a court to manage the estate of a living individual.� The term includes a limited conservator, or
unlimited under section 524.5-401.
Subd. 7.� Content
of an electronic communication.� "Content
of an electronic communication" means information concerning the substance
or meaning of the communication that:
(1) has been sent or received by a
user;
(2) is in electronic storage by a
custodian providing an electronic communication service to the public or is
carried or maintained by a custodian providing a remote computing service to
the public; and
(3) is not readily accessible to the
public.
Subd. 8.� Court.� "Court" has the meaning
given in section 524.1-201, clause (9).
Subd. 9.� Custodian.� "Custodian" means a person
that carries, maintains, processes, receives, or stores a digital asset of a
user.
Subd. 10.� Designated
recipient.� "Designated
recipient" means a person chosen by a user using an online tool to
administer digital assets of the user.
Subd. 11.� Digital
asset.� "Digital
asset" means an electronic record in which an individual has a right or
interest.� The term does not include an
underlying asset or liability unless the asset or liability is itself an
electronic record.
Subd. 12.� Electronic.� "Electronic" means relating
to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
Subd. 13.� Electronic
communication.� "Electronic
communication" has the meaning given in United States Code, title 18,
section 2510(12), as amended.
Subd. 14.� Electronic
communication service.� "Electronic
communication service" means a custodian that provides to a user the
ability to send or receive an electronic communication.
Subd. 15.� Fiduciary.� "Fiduciary" means an
original, additional, or successor personal representative, conservator, agent,
or trustee.
Subd. 16.
� Information.� "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or similar material.Subd. 17.� Online
tool.� "Online tool"
means an electronic service provided by a custodian that allows the user, in an
agreement distinct from the terms-of-service agreement between the custodian
and user, to provide directions for disclosure or nondisclosure of digital
assets to a third person.
Subd. 18.� Person.� "Person" means an
individual, estate, business or nonprofit entity, public corporation,
government or governmental subdivision, agency, or instrumentality, or other
legal entity.
Subd. 19.� Personal
representative.� "Personal
representative" has the meaning given in section 524.1-201.
Subd. 20.� Power
of attorney.� "Power of
attorney" means a record that grants an agent authority to act in the
place of a principal, under chapter 523.
Subd. 21.� Principal.� "Principal" means an
individual who grants authority to an agent in a power of attorney.
Subd. 22.� Protected
person.� "Protected
person" means an individual for whom a conservator has been appointed.� The term includes an individual for whom an
application for the appointment of a conservator is pending.
Subd. 23.� Record.� "Record" means information
that is inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
Subd. 24.� Remote
computing service.� "Remote
computing service" means a custodian that provides to a user computer
processing services or the storage of digital assets by means of an electronic
communications system, as defined in United States Code, title 18, section
2510(14), as amended.
Subd. 25.� Terms-of-service
agreement.� "Terms-of-service
agreement" means an agreement that controls the relationship between a
user and a custodian.
Subd. 26.� Trustee.� "Trustee" means a fiduciary
with legal title to property under an agreement or declaration that creates a
beneficial interest in another.� The term
includes a successor trustee.
Subd. 27.� User.� "User" means a person that
has an account with a custodian.
Subd. 28.� Will.� "Will" includes a codicil,
testamentary instrument that only appoints an executor, and an instrument that
revokes or revises a testamentary instrument.
Sec. 4.� [521A.03]
APPLICABILITY.
(a) This chapter applies to:
(1) a fiduciary acting under a will or
power of attorney;
(2) a personal representative acting
for a decedent;
(3) a conservatorship proceeding; and
(4) a trustee acting under a trust.
(b)
This chapter applies to a custodian if the user resides in this state or
resided in this state at the time of the user's death.
(c) This chapter does not apply to a
digital asset of an employer used by an employee in the ordinary course of the
employer's business.
Sec. 5.� [521A.04]
USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
(a) A user may use an online tool to
direct the custodian to disclose to a designated recipient or not to disclose
some or all of the user's digital assets, including the content of electronic
communications.� If the online tool
allows the user to modify or delete a direction at all times, a direction
regarding disclosure using an online tool overrides a contrary direction by the
user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online
tool to give direction under paragraph (a) or if the custodian has not provided
an online tool, the user may allow or prohibit in a will, trust, power of
attorney, or other record disclosure to a fiduciary of some or all of the
user's digital assets, including the content of electronic communications sent
or received by the user.
(c) A user's direction under paragraph
(a) or (b) overrides a contrary provision in a terms-of-service agreement that
does not require the user to act affirmatively and distinctly from the user's
assent to the terms of service.
Sec. 6.� [521A.05]
TERMS-OF-SERVICE AGREEMENT.
(a) This chapter does not change or
impair a right of a custodian or a user under a terms-of-service agreement to
access and use digital assets of the user.
(b) This chapter does not give a
fiduciary or designated recipient any new or expanded rights other than those
held by the user for whom, or for whose estate, the fiduciary or designated
recipient acts or represents.
(c) A fiduciary's or designated
recipient's access to digital assets may be modified or eliminated by a user,
by federal law, or by a terms-of-service agreement if the user has not provided
direction under section 521A.04.
Sec. 7.� [521A.06]
PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
(a) When disclosing digital assets of a
user under this chapter, the custodian may, at its sole discretion:
(1) grant a fiduciary or designated
recipient full access to the user's account;
(2) grant a fiduciary or designated
recipient partial access to the user's account sufficient to perform the tasks
with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated
recipient a copy in a record of any digital asset that, on the date the
custodian received the request for disclosure, the user could have accessed if
the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable
administrative charge for the cost of disclosing digital assets under this
chapter.
(c) A custodian need not disclose under
this chapter a digital asset deleted by a user.
(d)
If a user directs or a fiduciary requests a custodian to disclose under this
chapter some, but not all, of the user's digital assets, the custodian need not
disclose the assets if segregation of the assets would impose an undue burden
on the custodian.� If the custodian
believes the direction or request imposes an undue burden, the custodian or
fiduciary may seek an order from the court to disclose:
(1) a subset limited by date of the
user's digital assets;
(2) all of the user's digital assets to
the fiduciary or designated recipient;
(3) none of the user's digital assets;
or
(4) all of the user's digital assets to
the court for review in chambers.
Sec. 8.� [521A.07]
DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.
If a deceased user consented or a court
directs disclosure of the content of an electronic communication of the user,
the custodian shall disclose to the personal representative of the estate of
the user the content of an electronic communication sent or received by the
user if the representative gives the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) a certified copy of the death
certificate of the user;
(3) a certified copy of the letter of appointment of the representative, court order, or Affidavit of Collection of Personal Property executed under section 524.3-1201;
(4) unless the user provided direction
using an online tool, a copy of the user's will, trust, power of attorney, or
other record evidencing the user's consent to disclosure of the content of electronic
communications; and
(5) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the user's account;
(ii) evidence linking the account to
the user; or
(iii) a finding by the court that:
(A) the user had a specific account
with the custodian, identifiable by the information specified in item (i);
(B) disclosure of the content of
electronic communications of the user would not violate United States Code,
title 18, section 2701 et seq., as amended; United States Code, title 47,
section 222, as amended; or other applicable law;
(C) unless the user provided direction
using an online tool, the user consented to disclosure of the content of
electronic communications; or
(D) disclosure of the content of
electronic communications of the user is reasonably necessary for
administration of the estate.
Sec. 9.� [521A.08]
DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
Unless the user prohibited disclosure
of digital assets or the court directs otherwise, a custodian shall disclose to
the personal representative of the estate of a deceased user a catalog of
electronic communications sent or received by the user and digital assets,
other than the content of electronic communications, of the user if the
representative gives the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) a certified copy of the death
certificate of the user;
(3) a certified copy of the letter of
appointment of the representative, court order, or Affidavit of Collection of
Personal Property executed under section 524.3-1201; and
(4) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the user's account;
(ii) evidence linking the account to
the user;
(iii) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(iv) a finding by the court that:
(A) the user had a specific account
with the custodian, identifiable by the information specified in item (i); or
(B) disclosure of the user's digital
assets is reasonably necessary for administration of the estate.
Sec. 10.� [521A.09]
DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.
To the extent a power of attorney
expressly grants an agent authority over the content of electronic
communications sent or received by the principal and unless directed otherwise
by the principal or the court, a custodian shall disclose to the agent the
content if the agent gives the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) an original or copy of the power of
attorney expressly granting the agent authority over the content of electronic
communications of the principal;
(3) a certification by the agent, under
penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the principal's account; or
(ii) evidence linking the account to
the principal.
Sec. 11.� [521A.10]
DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
Unless otherwise ordered by the court,
directed by the principal, or provided by a power of attorney, a custodian
shall disclose to an agent with specific authority over digital assets or
general authority to act on behalf of a principal a catalog of electronic
communications sent or received by the principal and digital assets, other than
the content of electronic communications, of the principal if the agent gives
the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) an original or a copy of the power
of attorney that gives the agent specific authority over digital assets or
general authority to act on behalf of the principal;
(3) a certification by the agent, under
penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the principal's account; or
(ii) evidence linking the account to
the principal.
Sec. 12.� [521A.11]
DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER.
Unless otherwise ordered by the court
or provided in a trust, a custodian shall disclose to a trustee that is an original
user of an account any digital asset of the account held in trust, including a
catalog of electronic communications of the trustee and the content of
electronic communications.
Sec. 13.� [521A.12]
DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE
NOT ORIGINAL USER.
Unless otherwise ordered by the court,
directed by the user, or provided in a trust, a custodian shall disclose to a
trustee that is not an original user of an account the content of an electronic
communication sent or received by an original or successor user and carried,
maintained, processed, received, or stored by the custodian in the account of
the trust if the trustee gives the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) a certified copy of the trust
instrument or a certification of the trust under section 501C.1013 that
includes consent to disclosure of the content of electronic communications to
the trustee;
(3) a certification by the trustee,
under penalty of perjury, that the trust exists and the trustee is a currently
acting trustee of the trust; and
(4) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the trust's account; or
(ii) evidence linking the account to
the trust.
Sec. 14.� [521A.13]
DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE NOT ORIGINAL
USER.
Unless otherwise ordered by the court,
directed by the user, or provided in a trust, a custodian shall disclose to a
trustee that is not an original user of an account a catalog of electronic
communications sent or received by an original or successor user and stored,
carried, or maintained by the custodian in an account of the trust and any
digital assets, other than the content of electronic communications, in which
the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) a certified copy of the trust
instrument or a certification of the trust under section 501C.1013;
(3) a certification by the trustee,
under penalty of perjury, that the trust exists and the trustee is a currently
acting trustee of the trust; and
(4) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the trust's account; or
(ii) evidence linking the account to
the trust.
Sec. 15.� [521A.14]
DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON.
(a) After an opportunity for a hearing
under chapter 524, the court may grant a conservator access to the digital
assets of a protected person.
(b) Unless otherwise ordered by the
court or directed by the user, a custodian shall disclose to a conservator the
catalog of electronic communications sent or received by a protected person and
any digital assets, other than the content of electronic communications, in
which the protected person has a right or interest if the conservator gives the
custodian:
(1) a written request for disclosure in
physical or electronic form;
(2) a certified copy of the court order
that gives the conservator authority over the digital assets of the protected
person; and
(3) if requested by the custodian:
(i) a number, username, address, or
other unique subscriber or account identifier assigned by the custodian to
identify the account of the protected person; or
(ii) evidence linking the account to
the protected person.
(c) A conservator with general
authority to manage the assets of a protected person may request a custodian of
the digital assets of the protected person to suspend or terminate an account
of the protected person for good cause.� A
request made under this section must be accompanied by a certified copy of the
court order giving the conservator authority over the protected person's
property.
Sec. 16.� [521A.15]
FIDUCIARY DUTY AND AUTHORITY.
(a) The legal duties imposed on a
fiduciary charged with managing tangible property apply to the management of
digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or designated
recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided in
section 521A.04, is subject to the applicable terms of service;
(2) is subject to other applicable law,
including copyright law;
(3) in the case of a fiduciary, is
limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the
user.
(c) A fiduciary with authority over the
property of a decedent, protected person, principal, or settlor has the right
to access any digital asset in which the decedent, protected person, principal,
or settlor had a right or interest and that is not held by a custodian or
subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope
of the fiduciary's duties is an authorized user of the property of the
decedent, protected person, principal, or settlor for the purpose of applicable
computer fraud and unauthorized computer access laws, including section
609.891.
(e) A fiduciary with authority over the
tangible personal property of a decedent, protected person, principal, or
settlor:
(1) has the right to access the
property and any digital asset stored in it; and
(2) is an authorized user for the
purpose of computer fraud and unauthorized computer access laws, including
section 609.891.
(f) A custodian may disclose
information in an account to a fiduciary of the user when the information is
required to terminate an account used to access digital assets licensed to the
user.
(g) A fiduciary of a user may request a
custodian to terminate the user's account.�
A request for termination must be in writing, in either physical or
electronic form, and accompanied by:
(1) if the user is deceased, a
certified copy of the death certificate of the user;
(2) a certified copy of the letter of
appointment of the representative or a small estate affidavit or court order,
court order, power of attorney, or trust giving the fiduciary authority over
the account; and
(3) if requested by the custodian:
(i)
a number, username, address, or other unique subscriber or account identifier
assigned by the custodian to identify the user's account;
(ii) evidence linking the account to
the user; or
(iii) a finding by the court that the
user had a specific account with the custodian, identifiable by the information
specified in item (i).
Sec. 17.� [521A.16]
CUSTODIAN COMPLIANCE AND IMMUNITY.
(a) Not later than 60 days after
receipt of the information required under sections 521A.07 to 521A.15, a
custodian shall comply with a request under this chapter from a fiduciary or
designated recipient to disclose digital assets or terminate an account.� If the custodian fails to comply, the
fiduciary or designated recipient may apply to the court for an order directing
compliance.
(b) An order under paragraph (a)
directing compliance must contain a finding that compliance is not in violation
of United States Code, title 18, section 2702, as amended.
(c) A custodian may notify the user
that a request for disclosure or to terminate an account was made under this
chapter.
(d) A custodian may deny a request
under this chapter from a fiduciary or designated recipient for disclosure of
digital assets or to terminate an account if the custodian is aware of any
lawful access to the account following the receipt of the fiduciary's request.
(e) This chapter does not limit a
custodian's ability to obtain or require a fiduciary or designated recipient
requesting disclosure or termination under this chapter to obtain a court order
which:
(1) specifies that an account belongs
to the protected person or principal;
(2) specifies that there is sufficient
consent from the protected person or principal to support the requested
disclosure; and
(3) contains a finding required by law
other than this chapter.
(f) A custodian and its officers,
employees, and agents are immune from liability for an act or omission done in
good faith in compliance with this chapter.
Sec. 18.� [521A.17]
UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this
chapter, consideration must be given to the need to promote uniformity of the
law with respect to its subject matter among states that enact it.
Sec. 19.� [521A.18]
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies, limits, or
supersedes the Electronic Signatures in Global and National Commerce Act, United
States Code, title 15, section 7001 et seq., but does not modify, limit, or
supersede section 101(c) of that act, United States Code, title 15, section
7001(c), or authorize electronic delivery of any of the notices described in
section 103(b) of that act, United States Code, title 15, section 7003(b).
Sec. 20.� [521A.19]
SEVERABILITY.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
Page 17, after line 12, insert:
"Sec. 33.� EFFECTIVE
DATE.
Sections
2 to 20 apply to fiduciaries acting under a governing instrument executed
before, on, or after August 1, 2016."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� H. F. No. 1372, A bill for an act relating to civil law; providing trusts for animal care; modifying certain probate provisions; enacting the Revised Uniform Fiduciary Access to Digital Assets Act; clarifying certain provisions for receiverships and assignments for the benefit of creditors; providing for a short form of assignment for recording with a deed to transfer real property; updating references throughout Minnesota Statutes to include limited liability companies under the Minnesota Revised Uniform Limited Liability Company Act; clarifying certain fees; making other business organization clarifying changes; amending Minnesota Statutes 2014, sections 5.001, subdivision 2; 5.25, subdivisions 1, 3; 115D.03, subdivision 6a; 116J.395, subdivision 3; 211B.15, subdivision 1; 216B.1612, subdivision 2; 302A.651, subdivision 4; 308B.005, subdivision 18; 319B.02, subdivisions 10, 12; 322C.0201, subdivision 4; 322C.0205, subdivision 1; 322C.0208; 322C.1011, subdivisions 1, 2; 484.73, subdivision 2; 524.1‑201; 524.2-102; 524.2-202; 524.2-301; 524.2-403; 524.2-404; 524.2-606; 524.3-406; 524.3-1201; 524.3‑1203, subdivision 5; 559.17, subdivision 2; 576.22; 576.29, subdivision 1; 576.30; 576.45, subdivision 3; 576.47; 577.12; 577.15; Minnesota Statutes 2015 Supplement, sections 5.25, subdivision 5; 124E.05, subdivision 1; 302A.471, subdivision 1; 322C.0105, subdivision 1a; 322C.0407, subdivision 4; 322C.1007, subdivision 1; 501C.0110; 501C.0402; 501C.0409; proposing coding for new law in Minnesota Statutes, chapters 501C; 524; proposing coding for new law as Minnesota Statutes, chapter 521A.
����� The bill was read for the third time, as amended, and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 123 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was passed, as amended, and its title agreed to.
����� S. F. No. 2315, A bill for an act relating to transportation; highways; designating the segment of marked Trunk Highway 7 in McLeod County as Patrol Officer Michael Alan Hogan Memorial Highway; amending Minnesota Statutes 2014, section 161.14, by adding a subdivision.
����� The bill was read for the third time and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 124 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was passed and its title agreed to.
����� Clark was excused between the hours of 1:05 p.m. and 2:35 p.m.
���������� S. F. No. 3262, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 28 as Staff Sergeant Kevin Witte Memorial Highway; amending Minnesota Statutes 2015 Supplement, section 161.14, by adding a subdivision.
����� The bill was read for the third time and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 124 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was passed and its title agreed to.
����� McDonald was excused between the hours of 1:10 p.m. and 2:30 p.m.
����� H. F. No. 3699 was reported to the House.
Loon moved to amend H. F. No. 3699, the first engrossment, as follows:
Page 1, after line 4, insert:
"Section 1.� [340A.35]
SUNDAY DELIVERY RESTRICTION.
No off-sale licensee may accept
delivery of alcoholic beverages on a Sunday.
EFFECTIVE
DATE.� This section is
effective the day following final enactment.
Sec. 2.� Minnesota Statutes 2014, section 340A.504, subdivision 4, is amended to read:
Subd. 4.� Intoxicating liquor; off-sale.� (a) No sale of intoxicating liquor may be made by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
(b) Notwithstanding paragraph (a), a
municipality may authorize off-sale licensees or a municipal liquor store under
its jurisdiction to make off-sales of intoxicating liquor on any day, provided
that no sale may be made before 8:00 a.m. or after 10:00 p.m.
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.
POINT OF ORDER
����� Atkins raised a point of order pursuant to rule 3.21 that the Loon amendment was not in order.� The Speaker ruled the point of order not well taken and the Loon amendment in order.
����� Hansen offered an amendment to the Loon amendment to H. F. No. 3699, the first engrossment.
POINT OF ORDER
����� Sanders raised a point of order pursuant to rule 3.21 that the Hansen amendment to the Loon amendment was not in order.� The Speaker ruled the point of order well taken and the Hansen amendment to the Loon amendment out of order.
Johnson, C., moved to amend the Loon amendment to H. F. No. 3699, the first engrossment, as follows:
Page 1, after line 16, insert:
"(c) Notwithstanding paragraph (a), an on-sale/off-sale licensee operating under section 340A.406 may conduct sales on all days of the week."
����� The motion did not prevail and the amendment to the amendment was not adopted.
���������� Ward was excused for the remainder of today's session.
POINT OF ORDER
����� Anderson, S., raised a point of order pursuant to section 101 of "Mason's Manual of Legislative Procedure," relating to Debate Is Limited to the Question Before the House.� The Speaker ruled the point of order well taken.
����� The question recurred on the Loon amendment and the roll was called.� There were 56 yeas and 70 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, S.
Bennett
Bly
Christensen
Cornish
Daniels
Drazkowski
Fenton
Franson
Freiberg
Garofalo
Hausman
Hertaus
Hornstein
Johnson, C.
Kahn
Kiel
Koznick
Kresha
Liebling
Lien
Loeffler
Loon
Loonan
Lucero
Lueck
McDonald
McNamara
Nash
Nornes
Norton
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pugh
Rarick
Rosenthal
Runbeck
Sanders
Scott
Selcer
Slocum
Smith
Uglem
Vogel
Whelan
Wills
Yarusso
Zerwas
Spk. Daudt
����� Those who voted in the negative were:
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bernardy
Carlson
Clark
Considine
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Ecklund
Erhardt
Erickson
Fabian
Fischer
Flanagan
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hilstrom
Hoppe
Hortman
Isaacson
Johnson, B.
Johnson, S.
Kelly
Knoblach
Laine
Lesch
Lillie
Lohmer
Mack
Mahoney
Mariani
Marquart
Masin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newberger
Newton
O'Driscoll
Pinto
Poppe
Quam
Schoen
Schultz
Simonson
Swedzinski
Theis
Thissen
Torkelson
Urdahl
Wagenius
Youakim
����� The motion did not prevail and the amendment was not adopted.
����� The Speaker called Garofalo to the Chair.
����� H. F. No. 3699, A bill for an act relating to local government licensing authority; allowing specific licenses to be issued.
����� The bill was read for the third time and placed upon its final passage.
���������� The question was taken on the passage of the bill and the roll was called.� There were 126 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
����� The bill was passed and its title agreed to.
����� Daudt and Peppin were excused between the hours of 2:40 p.m. and 3:20 p.m.
����� H. F. No. 3588, A bill for an act relating to transportation; governing certain motor vehicle weight limits; providing for an increase in weight limits for certain vehicles powered by natural gas; making technical changes; amending Minnesota Statutes 2014, section 169.824, subdivision 2, by adding a subdivision.
����� The bill was read for the third time and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 116 yeas and 10 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Scott
Selcer
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
����� Those who voted in the negative were:
Considine
Franson
Freiberg
Johnson, C.
Liebling
Metsa
Nelson
Norton
Schultz
Simonson
����� The bill was passed and its title agreed to.
����� H. F. No. 2607 was reported to the House.
Kelly moved to amend H. F. No. 2607, the first engrossment, as follows:
Page 4, line 21, after the period, insert "The commissioner of human services shall notify the revisor of statutes when the section is effective."
����� The motion prevailed and the amendment was adopted.
����� H. F. No. 2607, A bill for an act relating to human services; modifying certain nursing facilities requirements; amending Minnesota Statutes 2014, section 144A.071, subdivisions 4c, 4d; Minnesota Statutes 2015 Supplement, section 256B.441, subdivisions 13, 53.
����� 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 126 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
����� The bill was passed, as amended, and its title agreed to.
����� H. F. No. 3469, A bill for an act relating to crime; modifying crime and increasing sentence of interfering with a body or scene of death; appropriating money; amending Minnesota Statutes 2014, section 609.502, subdivision 1, by adding subdivisions.
����� The bill was read for the third time and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 124 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
����� The bill was passed and its title agreed to.
����� H. F. No. 3142 was reported to the House.
Zerwas moved to amend H. F. No. 3142, the first engrossment, as follows:
Page 6, after line 17, insert:
"Sec. 7.� Minnesota Statutes 2014, section 144A.4791, is amended by adding a subdivision to read:
Subd. 14.� Application of other law.� Home care providers may exercise the authority and are subject to the protections in section 152.34."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Zerwas moved to amend H. F. No. 3142, the first engrossment, as amended, as follows:
Page 7, after line 2, insert:
"Sec. 9.� Minnesota Statutes 2014, section 144A.4799, subdivision 3, is amended to read:
Subd. 3.� Duties.� (a) At the commissioner's request, the advisory council shall provide advice regarding regulations of Department of Health licensed home care providers in this chapter, including advice on the following:
(1) community standards for home care practices;
(2) enforcement of licensing standards and whether certain disciplinary actions are appropriate;
(3) ways of distributing information to licensees and consumers of home care;
(4) training standards;
(5) identify identifying
emerging issues and opportunities in the home care field, including the use of
technology in home and telehealth capabilities;
(6) allowable home care licensing modifications and exemptions, including a method for an integrated license with an existing license for rural licensed nursing homes to provide limited home care services in an adjacent independent living apartment building owned by the licensed nursing home; and
(7) recommendations for studies using
the data in section 62U.04, subdivision 4, including but not limited to studies
concerning costs related to dementia and chronic disease among an elderly
population over 60 and additional long-term care costs, as described in section
62U.10, subdivision 6.
(7) (b) The advisory council shall
perform other duties as directed by the commissioner."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Loeffler moved to amend H. F. No. 3142, the first engrossment, as amended, as follows:
Page 3, after line 15, insert:
"Sec. 3.� [144.945]
ZIKA PREPAREDNESS AND RESPONSE.
(a) To the extent funds are available,
the commissioner of health shall undertake the following statewide planning,
coordination, preparation, and response activities related to the Zika virus:
(1) maintain state and local public
health readiness to address Zika-related public health threats;
(2) conduct diagnostic tests of
patients who meet criteria for Zika testing and maintain enhanced laboratory
surveillance activities related to Zika;
(3) engage in Zika surveillance
activities, including evaluating patients for testing based on criteria,
advising health care providers on Zika virus research, providing recommendations
and interpretations of test results, and conducting Zika-related public
awareness and prevention activities; and
(4) conduct mosquito surveillance
activities under section 144.95 to enhance monitoring of areas where mosquitoes
carrying the Zika virus may be found in Minnesota, notwithstanding section
144.95, subdivision 10.
(b) The commissioner shall seek authority from the United States Centers for Disease Control and Prevention to use federal Public Health Emergency Preparedness grant funds for costs associated with Zika preparedness and response activities under this section and shall seek additional federal funds for this purpose."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Thissen moved to amend H. F. No. 3142, the first engrossment, as amended, as follows:
Page 8, after line 9, insert:
"Sec. 10.� Minnesota Statutes 2014, section 144D.01, subdivision 2a, is amended to read:
Subd. 2a.� Arranged
home care provider.� "Arranged
home care provider" means a home care provider licensed under Minnesota
Rules, chapter 4668, chapter 144A that provides services to some or
all of the residents of a housing with services establishment and that is
either the establishment itself or another entity with which the establishment
has an arrangement.
Sec. 11.� Minnesota Statutes 2014, section 144G.03, subdivision 2, is amended to read:
Subd. 2.� Minimum requirements for assisted living.� (a) Assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment.� Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment.� The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.
(b) A person or entity entitled to use the phrase "assisted living," according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:
(1) provides or makes available
health-related services under a class A or class F home care license.� At a minimum, health-related services must
include:
(i) assistance with self-administration
of medication as defined in Minnesota Rules, part 4668.0003, subpart 2a,
management or medication administration as defined in Minnesota
Rules, part 4668.0003, subpart 21a in section 144A.43; and
(ii) assistance with at least three of the following seven activities of daily living:� bathing, dressing, grooming, eating, transferring, continence care, and toileting.
All health-related services shall be provided in a manner
that complies with applicable home care licensure requirements in chapter 144A,
and sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;
(2) provides necessary assessments of the
physical and cognitive needs of assisted living clients by a registered nurse,
as required by applicable home care licensure requirements in chapter 144A,
and sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;
(3) has and maintains a system for
delegation of health care activities to unlicensed assistive health care
personnel by a registered nurse, including supervision and evaluation of the
delegated activities as required by applicable home care licensure requirements
in chapter 144A, and sections 148.171 to 148.285, and
Minnesota Rules, chapter 4668;
(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;
(5) has and maintains a system to check on each assisted living client at least daily;
(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;
(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the following supportive services to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;
(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and
(vi) periodic opportunities for socialization; and
(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06.� This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.
Sec. 12.� Minnesota Statutes 2014, section 144G.03, subdivision 4, is amended to read:
Subd. 4.� Nursing
assessment. �(a) A housing with
services establishment offering or providing assisted living shall:
(1) offer to have the arranged home care
provider conduct a nursing assessment by a registered nurse of the physical and
cognitive needs of the prospective resident and propose a service agreement
or service plan prior to the date on which a prospective resident executes
a contract with a housing with services establishment or the date on which a
prospective resident moves in, whichever is earlier; and
(2) inform the prospective resident of the availability of and contact information for long-term care consultation services under section 256B.0911, prior to the date on which a prospective resident executes a contract with a housing with services establishment or the date on which a prospective resident moves in, whichever is earlier.
(b) An arranged home care provider is not obligated to conduct a nursing assessment by a registered nurse when requested by a prospective resident if either the geographic distance between the prospective resident and the provider, or urgent or unexpected circumstances, do not permit the assessment to be conducted prior to the date on which the prospective resident executes a contract or moves in, whichever is earlier.� When such circumstances occur, the arranged home care provider shall offer to conduct a telephone conference whenever reasonably possible.
(c) The arranged home care provider shall
comply with applicable home care licensure requirements in chapter 144A,
and sections 148.171 to 148.285, and Minnesota Rules, chapter 4668,
with respect to the provision of a nursing assessment prior to the delivery of
nursing services and the execution of a home care service plan or service
agreement."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Thissen moved to amend the Thissen amendment to H. F. No. 3142, the first engrossment, as amended, as follows:
Page 1, line 24, reinstate the stricken "assistance with self-administration of" and after "medication" insert a comma
Page 1, line 25, before "management" insert "medication" and before "or" insert a comma
����� The motion prevailed and the amendment to the amendment was adopted.
����� The question recurred on the Thissen amendment, as amended, to H. F. No. 3142, the first engrossment, as amended.� The motion prevailed and the amendment, as amended, was adopted.
����� Kelly was excused between the hours of 3:00 p.m. and 3:20 p.m.
����� H. F. No. 3142, A bill for an act relating to health; amending provisions for the statewide trauma system, home care, hearing instrument dispensers, Zika preparedness, and food, beverage, and lodging establishments; amending Minnesota Statutes 2014, sections 144.605, subdivision 5; 144.608, subdivision 1; 144A.473, subdivision 2; 144A.475, subdivisions 3, 3b, by adding a subdivision; 144A.4791, by adding a subdivision; 144A.4792, subdivision 13; 144A.4799, subdivisions 1, 3; 144A.482; 144D.01, subdivision 2a; 144G.03, subdivisions 2, 4; 153A.14, subdivisions 2d, 2h; 153A.15, subdivision 2a; 157.15, subdivision 14; 157.16, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 144.
����� 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 122 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dehn, R.
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
����� The bill was passed, as amended, and its title agreed to.
���������� H. F. No. 3925 was reported to the House.
Hackbarth moved to amend H. F. No. 3925, the second engrossment, as follows:
Page 5, line 31, delete "in the manner provided for in paragraph (e)"
����� The motion prevailed and the amendment was adopted.
Albright moved to amend H. F. No. 3925, the second engrossment, as amended, as follows:
Page 14, after line 13, insert:
"Subd. 15.� Expenditures; taconite assistance area.� Expenditures subject to the requirements of this section may be expended only within or for the benefit of the taconite assistance area defined in section 273.1341."
����� The motion prevailed and the amendment was adopted.
����� Mahoney and Rarick were excused for the remainder of today's session.
����� H. F. No. 3925, A bill for an act relating to Iron Range resources and rehabilitation; modifying duties of the commissioner; creating a Legislative-Citizen Commission; providing legislative oversight; modifying appropriations and distributions; making conforming changes; requiring a study; appropriating money; amending Minnesota Statutes 2014, sections 116J.423, subdivision 1; 116J.424; 298.001, by adding a subdivision; 298.018, subdivision 1; 298.17; 298.22; 298.221; 298.2211, subdivisions 3, 6; 298.2213; 298.2214, subdivision 2; 298.223; 298.227; 298.27; 298.28, subdivisions 7, 7a, 9c, 9d, 11; 298.292, subdivision 2; 298.294; 298.296; 298.2961; 298.297; 298.298; 298.46.
����� The bill was read for the third time, as amended, and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll was called.� There were 74 yeas and 52 nays as follows:
����� Those who voted in the affirmative were:
Albright
Anderson, C.
Anderson, P.
Anderson, S.
Backer
Baker
Barrett
Bennett
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Knoblach
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Quam
Rosenthal
Runbeck
Sanders
Scott
Selcer
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Zerwas
Spk. Daudt
���������� Those who voted in the negative were:
Allen
Anzelc
Applebaum
Atkins
Bernardy
Bly
Carlson
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lueck
Mariani
Marquart
Masin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Pelowski
Persell
Pinto
Poppe
Schoen
Schultz
Simonson
Slocum
Thissen
Yarusso
Youakim
����� The bill was passed, as amended, and its title agreed to.
����� There being no objection, the order of business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
����� The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2445, A bill for an act relating to health; modifying licensure requirement for osteopathic physicians; making technical changes to the composition of the Board of Medical Practice; amending Minnesota Statutes 2014, sections 147.01, subdivisions 1, 2; 147.02, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
����� Albright moved that the House concur in the Senate amendments to H. F. No. 2445 and that the bill be repassed as amended by the Senate.� The motion prevailed.
H. F. No. 2445, A bill for an act relating to health; modifying licensure requirement for osteopathic physicians; making technical changes to the composition of the Board of Medical Practice; amending Minnesota Statutes 2014, sections 147.01, subdivisions 1, 2; 147.02, subdivision 1; 147.03, subdivision 1; 147.037, subdivision 1; 147.091, subdivision 1.
����� The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
���������� The question was taken on the repassage of the bill and the roll was called.� There were 127 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mariani
Marquart
Masin
McDonald
McNamara
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
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2803, A bill for an act relating to civil commitment; specifying notice requirements for early termination of an emergency admission; amending Minnesota Statutes 2014, section 253B.05, subdivisions 2, 3.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
����� Zerwas moved that the House concur in the Senate amendments to H. F. No. 2803 and that the bill be repassed as amended by the Senate.� The motion prevailed.
H. F. No. 2803, A bill for an act relating to civil commitment; prohibiting participation in clinical drug trials by persons subject to emergency admission or apprehend and hold orders; specifying notice requirements for early termination of an emergency admission; amending Minnesota Statutes 2014, sections 253B.05, subdivisions 1, 2, 3; 253B.07, subdivision 2b.
����� The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
���������� The question was taken on the repassage of the bill and the roll was called.� There were 126 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mariani
Marquart
Masin
McDonald
McNamara
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
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3482, A bill for an act relating to criminal justice; extending the statute of limitations for certain identity theft crimes; appropriating money; amending Minnesota Statutes 2015 Supplement, section 628.26.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
����� Zerwas moved that the House concur in the Senate amendments to H. F. No. 3482 and that the bill be repassed as amended by the Senate.� The motion prevailed.
H. F. No. 3482, A bill for an act relating to criminal justice; extending the statute of limitations for certain identity theft crimes; amending Minnesota Statutes 2015 Supplement, section 628.26.
����� The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
���������� The question was taken on the repassage of the bill and the roll was called.� There were 127 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
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
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
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
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mariani
Marquart
Masin
McDonald
McNamara
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
Rosenthal
Runbeck
Sanders
Schoen
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
����� The bill was repassed, as amended by the Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 3589.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 3589, A bill for an act relating to transportation; authorizing and governing implementation of requirements of the federal REAL ID Act; amending certain requirements governing driver's licenses and Minnesota identification cards; requiring rulemaking to implement a two-tier license system; amending Minnesota Statutes 2014, sections 97A.405, subdivision 2; 171.01, subdivision 37, by adding a subdivision; 171.017; 171.06, subdivision 3; 171.07, subdivisions 1, 4, 6, 7, 15, by adding subdivisions; 171.071, subdivision 3; 171.072; 171.12, subdivision 7; 171.27; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended.
The bill was read for the first time.�
Smith moved that S. F. No. 3589 and H. F. No. 3959, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
MOTIONS
AND RESOLUTIONS
����� Peterson moved that the name of Bernardy be added as an author on H. F. No. 2497.� The motion prevailed.
����� Hausman moved that the name of Metsa be added as an author on H. F. No. 2784.� The motion prevailed.
����� Anderson, M., moved that the name of Whelan be added as an author on H. F. No. 3160.� The motion prevailed.
����� Dehn, R., moved that the name of Kahn be added as an author on H. F. No. 3649.� The motion prevailed.
����� Hackbarth moved that the name of Pugh be added as an author on H. F. No. 3925.� The motion prevailed.
����� Baker moved that the name of Kiel be added as an author on H. F. No. 3999.� The motion prevailed.
ADJOURNMENT
����� Peppin moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, May 13, 2016.� The motion prevailed.
����� Peppin moved that the House adjourn.� The motion prevailed, and Speaker pro tempore Garofalo declared the House stands adjourned until 9:00 a.m., Friday, May 13, 2016.
Patrick D. Murphy, Chief Clerk, House of Representatives