Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5661

 

 

STATE OF MINNESOTA

 

 

EIGHTY-SEVENTH SESSION - 2012

 

_____________________

 

SEVENTY-SIXTH DAY

 

Saint Paul, Minnesota, Wednesday, February 22, 2012

 

 

      The House of Representatives convened at 4:30 p.m. and was called to order by Kurt Zellers, Speaker of the House.

 

      Prayer was offered by the Reverend Grady St. Dennis, House Chaplain.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Abeler

Anderson, B.

Anderson, D.

Anderson, P.

Anderson, S.

Anzelc

Atkins

Banaian

Barrett

Beard

Benson, J.

Benson, M.

Bills

Brynaert

Carlson

Champion

Cornish

Crawford

Daudt

Davids

Davnie

Dettmer

Dill

Doepke

Downey

Drazkowski

Eken

Fabian

Falk

Franson

Fritz

Garofalo

Gauthier

Gottwalt

Greiling

Gruenhagen

Gunther

Hackbarth

Hamilton

Hancock

Hansen

Hausman

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Howes

Huntley

Johnson

Kahn

Kath

Kelly

Kieffer

Kiel

Kiffmeyer

Knuth

Koenen

Kriesel

Laine

Lanning

Leidiger

LeMieur

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Lohmer

Loon

Mack

Mahoney

Marquart

Mazorol

McDonald

McElfatrick

McFarlane

McNamara

Melin

Moran

Morrow

Mullery

Murphy, E.

Murphy, M.

Murray

Myhra

Nelson

Nornes

Norton

O'Driscoll

Paymar

Pelowski

Peppin

Persell

Petersen, B.

Peterson, S.

Poppe

Quam

Runbeck

Sanders

Scalze

Schomacker

Scott

Shimanski

Simon

Slawik

Slocum

Smith

Stensrud

Swedzinski

Thissen

Tillberry

Torkelson

Urdahl

Vogel

Wagenius

Ward

Wardlow

Westrom

Winkler

Woodard

Spk. Zellers


 

      A quorum was present.

 

      Allen, Buesgens, Clark, Dean, Dittrich, Erickson, Greene, Hornstein, Hosch, Mariani, Murdock and Rukavina were excused.

 

      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.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5662

REPORTS OF CHIEF CLERK

 

      S. F. No. 1123 and H. F. No. 1245, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      McFarlane moved that S. F. No. 1123 be substituted for H. F. No. 1245 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1240 and H. F. No. 1535, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Cornish moved that S. F. No. 1240 be substituted for H. F. No. 1535 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1371 and H. F. No. 1468, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

 

SUSPENSION OF RULES

 

      LeMieur moved that the rules be so far suspended that S. F. No. 1371 be substituted for H. F. No. 1468 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Garofalo from the Committee on Education Finance to which was referred:

 

H. F. No. 329, A bill for an act relating to education; prohibiting public school employees from using public funds and resources to advocate to pass, elect, or defeat a political candidate, ballot question, or pending legislation; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [123B.022] PROHIBITIONS ON POLITICAL ACTIVITIES BY PUBLIC SCHOOL EMPLOYEES.

 

Local school boards shall develop and implement policies to ensure that publicly funded resources, including but not limited to time, materials, equipment, facilities, and e-mail and other forms of technology used to communicate are not used or authorized for use by public employees to:

 

(1) advocate the election or defeat of any candidate for elective office;

 

(2) advocate the passage or defeat of any referendum question; or

 

(3) solicit funds for political purposes.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5663

Such policies shall not prohibit public employees from engaging in political activities except when they are performing duties assigned to them under their employment contract with the district or representing their employer in an official capacity.

 

Such policies shall not prohibit the use of public funds for disseminating factual information about a proposition appearing on a local ballot, if such information is factual and does not advocate for or against the proposition.

 

All school districts must make these policies readily accessible to the public in paper copy at the district office or on the district Web site.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Beard from the Committee on Transportation Policy and Finance to which was referred:

 

H. F. No. 1595, A bill for an act relating to real estate; providing process for unaffixing manufactured home from real property; amending Minnesota Statutes 2010, sections 168A.01, by adding a subdivision; 168A.02, subdivision 3; 168A.04, subdivision 1; 168A.05, subdivisions 1, 1a, 1b; 168A.141, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 168A.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

 

H. F. No. 1665, A bill for an act relating to public safety; adding fifth degree assault and certain domestic assault provisions to crime of violence; amending Minnesota Statutes 2010, section 624.712, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, line 10, after "section" insert "is" and delete "2011" and insert "2012"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.

 

      The report was adopted.

 

 

Peppin from the Committee on Government Operations and Elections to which was referred:

 

H. F. No. 1813, A bill for an act relating to state government; requiring a request for proposal for a reorganization study.

 

Reported the same back with the following amendments:


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5664

Delete everything after the enacting clause and insert:

 

"Section 1.  REORGANIZATION STUDY.

 

No later than September 30, 2012, the commissioner of management and budget shall enter into one or more contracts for study of the internal reorganization of the following:  the Minnesota State Colleges and Universities and the Departments of Human Services, Health, Transportation, Corrections, Public Safety, Employment and Economic Development, Natural Resources, Veterans Affairs, and Revenue.  Upon request of the University of Minnesota, the university shall be included in the contract.  The study must address:

 

(1) reorganization of state agencies along service rather than functional lines in order to provide more efficient service; and

 

(2) reorganization of state agencies in order to flatten the organizational structure by requiring that decisions are made closer to the service needed, eliminating redundancies, and optimizing the span of control ratios to public and private sector industry benchmarks.

 

The commissioner of management and budget must make a progress report to the legislature by January 15, 2013, and the final studies must be completed by June 30, 2013."

 

Amend the title as follows:

 

Page 1, line 2, delete "request for proposal for a"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on State Government Finance.

 

      The report was adopted.

 

 

Beard from the Committee on Transportation Policy and Finance to which was referred:

 

H. F. No. 1821, A bill for an act relating to veterans; changing the small business set-aside program for veteran-owned small businesses; authorizing county set-aside programs for veteran-owned small businesses; changing reporting requirements; amending Minnesota Statutes 2010, section 161.321, subdivisions 2, 5, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 375.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Government Operations and Elections.

 

      The report was adopted.

 

 

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

 

H. F. No. 1835, A bill for an act relating to public safety; expanding the list of colors that vehicles operated by sheriffs may be painted; amending Minnesota Statutes 2010, section 169.98, subdivision 1.

 

Reported the same back with the following amendments:


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5665

Page 2, after line 2, insert:

 

"Sec. 2.  Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read:

 

Subd. 3.  Security guard vehicle.  (a) All motor vehicles which are used by security guards in the course of their employment may have any color other than those specified in subdivision 1 for law enforcement vehicles.  The identity of the security service shall be displayed on the motor vehicle as required for law enforcement vehicles.

 

(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may continue to use a motor vehicle that is predominantly black in the course of the guard's employment if the vehicle was being used in this manner before August 1, 2002.

 

(c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may continue to use a motor vehicle that is predominantly gold in the course of the guard's employment if the vehicle was being used in this manner before August 1, 2012."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Beard from the Committee on Transportation Policy and Finance to which was referred:

 

H. F. No. 1948, A bill for an act relating to the military; providing an exemption of the motor vehicle sales tax on a portion of the value of a motor vehicle purchased abroad during military service outside the United States; amending Minnesota Statutes 2011 Supplement, section 297B.03.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Beard from the Committee on Transportation Policy and Finance to which was referred:

 

H. F. No. 1971, A bill for an act relating to transportation; appropriating money; providing contingent appropriations for highways; proposing coding for new law in Minnesota Statutes, chapter 161.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1 and insert:

 

"Section 1.  [161.318] CONTINGENT APPROPRIATIONS; TRUNK HIGHWAY SYSTEM.

 

Subdivision 1.  Department of Transportation.  (a) If, on June 30 of an odd-numbered year, legislation has not been enacted to appropriate money for the next fiscal year to the commissioner of transportation for state roads, on July 1 an amount sufficient to pay the costs described in this subdivision is appropriated, for the fiscal year beginning on that July 1, from the trunk highway fund to the commissioner of transportation.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5666

(b) The appropriation under paragraph (a) is for:

 

(1) actual payments necessary under contracts relating to the budget activities of operations and maintenance, program planning and delivery, and state road construction; and

 

(2) an amount necessary to pay the costs of Department of Transportation employees whose work is essential to (i) the administration and performance of the contracts under clause (1), including but not limited to project management, contract administration, and billing administration; and (ii) the administration of available federal reimbursement of expenses from the contracts under clause (1).

 

(c) The amount appropriated under paragraph (a) may not exceed the total of:

 

(1) unexpended funds from the amounts appropriated for the biennium ending on June 30 to the commissioner for the budget activities of operations and maintenance, program planning and delivery, and state road construction;

 

(2) unexpended funds from any amount made available to the commissioner in carryforward authority into the biennium ending on June 30 for state road construction projects for which money was originally encumbered in a previous biennium; and

 

(3) the amounts included in the appropriation base for the next fiscal year to the commissioner for the budget activities of program planning and delivery, and agency services.

 

(d) Any subsequent appropriation to the commissioner of transportation, or carryforward authority provided to the commissioner, for a biennium in which this subdivision has been applied shall supersede and replace the funding authorized in this subdivision.

 

(e) This subdivision applies only to those contracts as to which funds were encumbered before the July 1 appropriation date.

 

Subd. 2.  Minnesota Management and Budget.  (a) If, on June 30 of an odd-numbered year, legislation has not been enacted to appropriate money for the next fiscal year to the commissioner of management and budget for central accounting, procurement, payroll, and human resources functions, on July 1 an amount necessary to operate those functions, solely for the purposes specified in subdivision 1, is appropriated for the fiscal year beginning on that July 1 from the general fund to the commissioner of management and budget.  As necessary, the commissioner may transfer a portion of this appropriation to other state agencies to support carrying out these functions.

 

(b) Any subsequent appropriation to the commissioner of management and budget for a biennium in which this subdivision has been applied shall supersede and replace the funding authorized in this subdivision."

 

Amend the title as follows:

 

Page 1, line 3, after "highways" insert "and highway contract administration"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5667

Garofalo from the Committee on Education Finance to which was referred:

 

H. F. No. 2127, A bill for an act relating to education; modifying online learning parameters; modifying graduation requirements; providing for digital learning; amending Minnesota Statutes 2010, sections 120B.024; 122A.18, by adding a subdivision; 122A.60, subdivisions 1a, 3; 124D.095, subdivisions 2, 4, 7, 10; 126C.15, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 4, line 12, strike "an interactive course or program that delivers"

 

Page 4, strike lines 13 and 14

 

Page 4, line 15, strike everything before the period and insert "learning facilitated by technology that offers students an element of control over the time, place, path, or pace of their learning"

 

Page 4, line 18, delete "digital curriculum" and insert "technology"

 

Page 7, delete lines 34 and 35

 

Page 8, delete section 8

 

Page 9, delete section 10

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass.

 

      The report was adopted.

 

 

Erickson from the Committee on Education Reform to which was referred:

 

H. F. No. 2180, A bill for an act relating to education; specifying federal adequate yearly progress measurements; requiring the lowest performing elementary and high schools to submit to a turnaround strategy; amending Minnesota Statutes 2010, section 120B.35, subdivision 2.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Education Finance.

 

      The report was adopted.

 

 

Nornes from the Committee on Higher Education Policy and Finance to which was referred:

 

H. F. No. 2210, A bill for an act relating to higher education; establishing an internship program; allowing a tax credit; appropriating money; amending Minnesota Statutes 2010, section 290.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

Reported the same back with the following amendments:


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5668

Delete everything after the enacting clause and insert:

 

"Section 1.  [136A.129] GREATER MINNESOTA INTERNSHIP PROGRAM.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Eligible employer" means a taxpayer under section 290.01 with employees located in greater Minnesota. 

 

(c) "Eligible institution" means an institution eligible for state student aid under section 136A.103.

 

(d) "Eligible student" means a student enrolled in an eligible institution who is a junior or senior in a degree program or has completed one-half of the credits necessary for an associate degree or certification.

 

(e) "Greater Minnesota" means the area located outside of the metropolitan area, as defined in section 473.121, subdivision 2.

 

(f) "Office" means the Office of Higher Education.

 

Subd. 2.  Program established.  The office shall administer a greater Minnesota internship program through eligible institutions to provide credit at the eligible institution for internships and tax credits for eligible employers who hire interns for employment in greater Minnesota.  The purpose of the program is to encourage Minnesota businesses to:

 

(1) employ and provide valuable experience to Minnesota students; and

 

(2) foster long-term relationships between the students and greater Minnesota employers.

 

Subd. 3.  Program components.  (a) An intern must be an eligible student who has been admitted to a major program that is closely related to the intern experience as determined by the eligible institution.

 

(b) To participate in the program, an eligible institution must:

 

(1) enter into written agreements with eligible employers to provide internships that are at least 12 weeks long and located in greater Minnesota;

 

(2) determine that the work experience of the internship is closely related to the eligible student's course of study; and

 

(3) provide academic credit for the successful completion of the internship or ensure that it fulfills requirements necessary to complete a vocational technical education program.

 

(c) To participate in the program, an eligible employer must enter into a written agreement with an eligible institution specifying that the intern:

 

(1) would not have been hired without the tax credit described in subdivision 4;

 

(2) did not work for the employer prior to entering the agreement;

 

(3) does not replace an existing employee;


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5669

(4) has not previously participated in the program;

 

(5) will be employed at a location in greater Minnesota;

 

(6) will be paid at least minimum wage for a minimum of 16 hours per week for at least a 12-week period; and

 

(7) will be supervised and evaluated by the employer.

 

(d) Participating eligible institutions and eligible employers must report annually to the office.  The report must include at least the following:

 

(1) the number of interns hired;

 

(2) the number of hours and weeks worked by interns; and

 

(3) the compensation paid to interns.

 

(e) An internship with clinical experience currently required for completion of an academic program does not qualify for the greater Minnesota internship program under this section.

 

Subd. 4.  Tax credit allowed; maximum limits.  (a) The tax credit for an eligible employee equals 40 percent of the compensation paid to each qualifying intern, not to exceed $1,250.  No employer must be allowed a credit for more than five interns in any taxable year.

 

(b) The total amount of credits authorized under this section is limited to $1,250,000 per fiscal year.  The office shall allocate these credits to eligible institutions for participating employers and certify to the Department of Revenue the amount of the credit under section 290.06, subdivision 36.

 

Subd. 5.  Allocations to institutions.  The office shall allocate tax credits authorized in subdivision 4 to eligible institutions.  The office shall determine relevant criteria to allocate the tax credits, including the geographic distribution of credits to work locations outside the metropolitan area.  Any credits allocated to an institution but not used may be reallocated to eligible institutions.  The office shall allocate a portion of the administrative fee under section 290.06, subdivision 36, to participating eligible institutions for their administrative costs. 

 

Subd. 6.  Reports to the legislature.  (a) By February 1, 2013, the office and the Department of Revenue shall report to the legislature on the greater Minnesota internship program.  The report must include at least the following:

 

(1) the number and dollar amount of credits allowed;

 

(2) the number of interns employed under the program; and

 

(3) the cost of administering the program.

 

(b) By February 1, 2014, the office and the Department of Revenue shall report to the legislature with an analysis of the effectiveness of the program in stimulating businesses to hire interns and in assisting participating interns in finding permanent career positions.  The report must include the number of students who participated in the program who were subsequently employed full-time by the employer.


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Sec. 2.  Minnesota Statutes 2010, section 290.06, is amended by adding a subdivision to read:

 

Subd. 36.  Greater Minnesota internship credit.  (a) A taxpayer may take a credit against the tax due under this chapter equal to the lesser of:

 

(1) 40 percent of the compensation paid to an intern qualifying under the program established under section 136A.129, not to exceed $1,250 per intern; or

 

(2) the amount certified by the Office of Higher Education under section 136A.129 to the taxpayer.

 

(b) Credits allowed to a partnership, a limited liability company taxed as a partnership, an S corporation, or multiple owners of property are passed through to the partners, members, shareholders, or owners, respectively, pro rata to each partner, member, shareholder, or owner based on the person's share of the entity's income for the taxable year.

 

(c) If the amount of credit that the taxpayer is eligible to receive under this subdivision exceeds the taxpayer's tax liability under this chapter, the commissioner of revenue shall refund the excess to the taxpayer.

 

(d) The amount necessary to pay claims for the refund provided in this subdivision and an amount equal to one percent of the total amount of the credits authorized under this subdivision for an administrative fee for the Office of Higher Education and participating eligible institutions is appropriated from the general fund to the commissioner of revenue.  The commissioner of revenue shall transfer the amount of the administrative fee to the Office of Higher Education.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2011."

 

Amend the title as follows:

 

Page 1, line 3, after "credit;" insert "requiring reports;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Garofalo from the Committee on Education Finance to which was referred:

 

H. F. No. 2244, A bill for an act relating to the permanent school fund; changing the Permanent School Fund Advisory Committee into a legislative commission; granting the commission authority to employ a director to oversee, manage, and administer school trust lands; amending Minnesota Statutes 2010, sections 16A.06, subdivision 11; 16A.125, subdivision 5; 84.027, subdivision 18; 84.085, subdivision 1; 92.12, subdivision 1; 92.121; 92.13; 93.2236; 94.342, subdivision 5; 127A.30; proposing coding for new law in Minnesota Statutes, chapter 127A.

 

Reported the same back with the following amendments:

 

Page 1, line 12, delete "Legislative-Citizen" and insert "Legislative"

 

Page 2, line 25, delete "Legislative-Citizen" and insert "Legislative"


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Page 5, line 21, delete "LEGISLATIVE-CITIZEN" and insert "LEGISLATIVE"

 

Page 5, line 24, delete "Legislative-Citizen" and insert "Legislative" and delete "14" and insert "12"

 

Page 6, delete lines 17 to 34 and insert:

 

"(1) six members of the senate, including three members from the majority party and three members from the minority party, appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration; and

 

(2) six members of the house of representatives, including three majority party members appointed by the speaker of the house and three minority party members appointed by the minority leader."

 

Page 6, line 35, delete "(d) Public members serve four-year terms." and insert "(b)"

 

Page 6, line 36, delete ".  Public and legislative members" and insert "and"

 

Page 7, line 1, delete everything after the period

 

Page 7, delete lines 2 to 19

 

Page 7, line 20, delete "(f)" and insert "(c)"

 

Page 7, line 24, delete "(g)" and insert "(d)"

 

Page 9, line 4, delete "For legislative members of the commission,"

 

Page 9, line 5, delete everything after the period

 

Page 9, delete line 6

 

Page 9, line 8, delete "(g)" and insert "(d)"

 

Page 9, line 9, delete "commissioner of administration" and insert "Legislative Coordinating Commission" and delete ".  The"

 

Page 9, line 10, delete "commissioner of administration" and insert "and"

 

Page 10, line 5, delete "Legislative-Citizen" and insert "Legislative"

 

Page 10, line 16, delete "Legislative-Citizen" and insert "Legislative"

 

Page 10, line 28, delete "Legislative-Citizen" and insert "Legislative"

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

      The report was adopted.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5672

Cornish from the Committee on Public Safety and Crime Prevention Policy and Finance to which was referred:

 

H. F. No. 2246, A bill for an act relating to public safety; allowing convictions under the original criminal vehicular operation law to enhance certain DWI offenses; correcting a legislative oversight; amending Minnesota Statutes 2010, sections 169A.03, subdivisions 20, 21; 169A.24, subdivision 1.

 

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Judiciary Policy and Finance.

 

      The report was adopted.

 

 

Abeler from the Committee on Health and Human Services Finance to which was referred:

 

S. F. No. 288, A bill for an act relating to health; regulating dental laboratories; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 150A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2010, section 148E.055, subdivision 1, is amended to read:

 

Subdivision 1.  License required.  (a) In order to practice social work, an individual must have a social work license under this section or section 148E.060, except when the individual is exempt from licensure according to section 148E.065.

 

(b) Individuals who teach professional social work knowledge, skills, and values to students and who have a social work degree from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accreditation accrediting body designated by the board must have a social work license under this section or section 148E.060, except when the individual is exempt from licensure according to section 148E.065.

 

(c) Effective July 1, 2016, an individual who is newly employed by a city or state agency or a private nonprofit, nontribal agency previously exempt from licensure under Minnesota Statutes 2010, section 148D.065, subdivision 5, and section 148E.065, subdivision 5, must be licensed if:

 

(1) the individual is presented to the public by any title incorporating the words "social work" or "social worker"; or

 

(2) the individual has a baccalaureate or graduate degree in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board, and the individual provides social work services, including clinical social work services, as those services are defined in section 148E.010, subdivisions 6 and 11.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 2.  [148E.0555] LICENSE REQUIREMENTS; GRANDFATHERING.

 

Subdivision 1.  Grandfathering period.  (a) The board shall issue a license to an applicant who meets all the requirements in this section and has submitted a completed, signed application and the required fee between January 1, 2013, and December 31, 2014.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5673

(b) If the applicant does not provide all of the information requested by the board by December 31, 2015, the applicant is considered ineligible and the application for licensure is closed.

 

Subd. 2.  Eligible agency personnel.  When submitting the application for licensure, the applicant must provide evidence satisfactory to the board that the applicant is currently employed by a:

 

(1) Minnesota city or state agency, and:

 

(i) at any time within three years of the date of submitting an application for licensure was presented to the public by any title incorporating the words "social work" or "social worker," while employed by that agency for a minimum of six months; or

 

(ii) at any time within three years of the date of submitting an application for licensure was engaged in the practice of social work, including clinical social work, as described in section 148E.010, subdivisions 6 and 11, while employed by that agency for a minimum of six months; or

 

(2) private nonprofit, nontribal agency whose primary service focus addresses ethnic minority populations, and the applicant is a member of an ethnic minority population within the agency, previously exempt from licensure under Minnesota Statutes 2010, section 148D.065, subdivision 5, and in section 148E.065, subdivision 5, and:

 

(i) at any time within three years of the date of submitting an application for licensure was presented to the public by any title incorporating the words "social work" or "social worker," while employed by that agency for a minimum of six months; or

 

(ii) at any time within three years of the date of submitting an application for licensure was engaged in the practice of social work, including clinical social work, as described under section 148E.010, subdivisions 6 and 11, while employed by that agency for a minimum of six months.

 

Subd. 3.  Qualifications during grandfathering period for licensure as licensed social worker (LSW).  (a) To be licensed as a licensed social worker (LSW), an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has completed a baccalaureate degree:

 

(1) in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board;

 

(2) in psychology, sociology, human services, or social and behavioral sciences from an accredited college or university; or

 

(3) with a major in any field from an accredited college or university, and one year of experience in the practice of social work as described in section 148E.010, subdivision 11.

 

(b) To be licensed as an LSW, an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has:

 

(1) submitted a completed, signed application and the license fee in section 148E.180;

 

(2) for applications submitted electronically, provided an attestation as specified by the board;

 

(3) submitted the criminal background check fee and a form provided by the board authorizing a criminal background check;


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(4) paid the applicable license fee in section 148E.180; and

 

(5) not engaged in conduct that was or would be in violation of the standards of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(c) An application that is not completed and signed, or that is not accompanied by the correct license fee, must be returned to the applicant, along with any fee submitted, and is void.

 

(d) By submitting an application for licensure, an applicant authorizes the board to investigate any information provided or requested in the application.  The board may request that the applicant provide additional information, verification, or documentation.

 

(e) Within one year of the time the board receives an application for licensure, the applicant must meet all the requirements and provide all of the information requested by the board according to paragraphs (a) and (b).

 

(f) Prelicensure supervised practice hours may be applied to meet the requirements of this section.  Hours obtained prior to August 1, 2012, must meet the supervised practice requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours obtained on or after August 1, 2012, must meet the supervised practice requirements in sections 148E.100 to 148E.125.

 

(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section 148D.120 and section 148E.120, an alternate supervisor may include a qualified professional who has a bachelor's or graduate degree, and the authority to direct the practice of the applicant including, but not limited to, an agency director or agency or consulting supervisor, as determined appropriate by the board.

 

(h) Unless completed at the time of application for licensure, a licensee granted a license by the board under this section must meet the supervised practice requirements in sections 148E.100 to 148E.125.  If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270.

 

Subd. 4.  Qualifications during grandfathering period for licensure as licensed graduate social worker (LGSW).  (a) To be licensed as a licensed graduate social worker (LGSW), an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has completed a graduate degree:

 

(1) in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board;

 

(2) in psychology, sociology, marriage and family therapy, human services, or social and behavioral sciences from an accredited college or university; or

 

(3) with a major in any field from an accredited college or university, and one year of experience in the practice of social work as described in section 148E.010, subdivisions 6 and 11.

 

(b) To be licensed as an LGSW, an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has:

 

(1) submitted a completed, signed application and the license fee in section 148E.180;

 

(2) for applications submitted electronically, provided an attestation as specified by the board;


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(3) submitted the criminal background check fee and a form provided by the board authorizing a criminal background check;

 

(4) paid the applicable license fee in section 148E.180; and

 

(5) not engaged in conduct that was or would be in violation of the standards of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240 and sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(c) An application that is not completed and signed, or that is not accompanied by the correct license fee, must be returned to the applicant, along with any fee submitted, and is void.

 

(d) By submitting an application for licensure, an applicant authorizes the board to investigate any information provided or requested in the application.  The board may request that the applicant provide additional information, verification, or documentation.

 

(e) Within one year of the time the board receives an application for licensure, the applicant must meet all the requirements and provide all of the information requested by the board according to paragraphs (a) and (b).

 

(f) Prelicensure supervised practice hours may be applied to meet the requirements of this section.  Hours obtained prior to August 1, 2012, must meet the supervised practice requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125, and hours obtained on or after August 1, 2012, must meet the supervised practice requirements in sections 148E.100 to 148E.125.

 

(g) In addition to the required supervisors listed in Minnesota Statutes 2010, section 148D.120, and in section 148E.120, an alternate supervisor of nonclinical practice may include a qualified professional who has a bachelor's or graduate degree, and the authority to direct the practice of the applicant including, but not limited to, an agency director or agency or consulting supervisor, as determined appropriate by the board.

 

(h) Unless completed at the time of application for licensure, a licensee granted a license by the board under this section must meet the supervised practice requirements specified in sections 148E.100 to 148E.125.  If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270.

 

Subd. 5.  Qualifications during grandfathering period for licensure as a licensed independent social worker (LISW).  (a) To be licensed as a licensed independent social worker (LISW), an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has completed a graduate degree:

 

(1) in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board;

 

(2) in psychology, sociology, marriage and family therapy, human services, or social and behavioral sciences from an accredited college or university; or

 

(3) with a major in any field from an accredited college or university, and one year of experience in the practice of social work according to section 148E.010, subdivision 11.

 

(b) To be licensed as an LISW, an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has:


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(1) practiced social work as defined in section 148E.010, subdivision 11, and has met the supervised practice requirements as follows:

 

(i) for hours obtained prior to August 1, 2012, has met the requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125;

 

(ii) for hours obtained after August 1, 2012, has met the requirements in sections 148E.100 to 148E.125; and

 

(iii) in addition to the supervisors listed in Minnesota Statutes 2010, section 148D.120 or section 148E.120, an alternate supervisor of nonclinical practice may include a qualified professional who has a bachelor's or graduate degree and the authority to direct the practice of the applicant including, but not limited to, an agency director or agency or consulting supervisor as determined by the board;

 

(2) submitted a completed, signed application and the license fee in section 148E.180;

 

(3) for applications submitted electronically, provided an attestation as specified by the board;

 

(4) submitted the criminal background check fee and a form provided by the board authorizing a criminal background check;

 

(5) paid the applicable license fee specified in section 148E.180; and

 

(6) not engaged in conduct that was or would be in violation of the standards of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(c) An application that is not completed, signed, and accompanied by the correct license fee must be returned to the applicant, along with any fee submitted, and is void.

 

(d) By submitting an application for licensure, an applicant authorizes the board to investigate any information provided or requested in the application.  The board may request that the applicant provide additional information, verification, or documentation.

 

(e) Within one year of the time the board receives an application for licensure, the applicant must meet all the requirements and provide all of the information requested by the board according to paragraphs (a) and (b).

 

(f) Upon licensure, an LISW who practices clinical social work must meet the supervised practice requirements specified in sections 148E.100 to 148E.125.  If a licensee does not meet the supervised practice requirements, the board may take action according to sections 148E.255 to 148E.270.

 

Subd. 6.  Qualifications during grandfathering period for licensure as a licensed independent clinical social worker (LICSW).  (a) To be licensed as a licensed independent clinical social worker (LICSW), an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has:

 

(1) completed a graduate degree in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board; or

 

(2) completed a graduate degree and is a mental health professional according to section 245.462, subdivision 18, clauses (1) to (6).


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(b) To be licensed as a licensed independent clinical social worker, an applicant for licensure under this section must provide evidence satisfactory to the board that the individual has:

 

(1) practiced clinical social work as defined in section 148E.010, subdivision 6, including both diagnosis and treatment, and has met the supervised practice requirements specified in sections 148E.100 to 148E.125, excluding the 1,800 hours of direct clinical client contact specified in section 148E.115, subdivision 1, except that supervised practice hours obtained prior to August 1, 2012, must meet the requirements in Minnesota Statutes 2010, sections 148D.100 to 148D.125;

 

(2) submitted a completed, signed application and the license fee in section 148E.180;

 

(3) for applications submitted electronically, provided an attestation as specified by the board;

 

(4) submitted the criminal background check fee and a form provided by the board authorizing a criminal background check;

 

(5) paid the license fee in section 148E.180; and

 

(6) not engaged in conduct that was or would be in violation of the standards of practice specified in Minnesota Statutes 2010, sections 148D.195 to 148D.240, and in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(c) An application which is not completed, signed, and accompanied by the correct license fee must be returned to the applicant, along with any fee submitted, and is void.

 

(d) By submitting an application for licensure, an applicant authorizes the board to investigate any information provided or requested in the application.  The board may request that the applicant provide additional information, verification, or documentation.

 

(e) Within one year of the time the board receives an application for licensure, the applicant must meet all the requirements and provide all of the information requested by the board.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 3.  [148E.0556] LICENSED INDEPENDENT SOCIAL WORKER TRANSITION PERIOD EXCEPTION.

 

At any time on or after January 1, 2013, until December 31, 2017, to qualify for a licensed independent social worker (LISW) license, an applicant must submit an application to the board for an LISW license and:

 

(1) hold a current licensed graduate social worker license issued through grandfathering under section 148E.0555, subdivision 4, and:

 

(i) meet all requirements in effect at the time of application according to section 148E.055, subdivision 4, paragraph (a), excluding clause (1); and

 

(ii) meet the supervised practice requirements according to section 148E.055, subdivision 4, paragraph (a), clause (2); or

 

(2) hold a current licensed graduate social worker license issued through grandfathering prior to July 1, 1996, and:


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(i) meet all requirements in effect at the time of application according to section 148E.055, subdivision 4, paragraph (a), excluding clause (1); and

 

(ii) meet the supervised practice requirements according to section 148E.055, subdivision 4, paragraph (a), clause (2).

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 4.  [148E.0557] LICENSED INDEPENDENT CLINICAL SOCIAL WORKER TRANSITION PERIOD EXCEPTION.

 

At any time on or after January 1, 2013, until December 31, 2017, to qualify for a licensed independent clinical social worker (LICSW) license, an applicant must submit an application to the board for an LICSW license and:

 

(1) hold a current licensed graduate social worker or licensed independent social worker license issued through grandfathering under section 148E.0555, subdivision 4 or 5, and:

 

(i) meet all requirements in effect at the time of application according to section 148E.055, subdivision 5, paragraph (a), excluding clause (1); and

 

(ii) meet the supervised practice requirements according to section 148E.055, subdivision 5, paragraph (a), clause (3); or

 

(2) hold a current licensed graduate social worker or licensed independent social worker license issued through grandfathering prior to July 1, 1996, and:

 

(i) meet all requirements in effect at the time of application according to section 148E.055, subdivision 5, paragraph (a), excluding clause (1); and

 

(ii) meet the supervised practice requirements according to section 148E.055, subdivision 5, paragraph (a), clause (3).

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 5.  Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:

 

Subdivision 1.  Students and other persons not currently licensed in another jurisdiction.  (a) The board may issue a temporary license to practice social work to an applicant who is not licensed or credentialed to practice social work in any jurisdiction but has:

 

(1) applied for a license under section 148E.055;

 

(2) applied for a temporary license on a form provided by the board;

 

(3) submitted a form provided by the board authorizing the board to complete a criminal background check;

 

(4) passed the applicable licensure examination provided for in section 148E.055;

 

(5) attested on a form provided by the board that the applicant has completed the requirements for a baccalaureate or graduate degree in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accreditation accrediting body designated by the board, or a doctorate in social work from an accredited university; and


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(6) not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(b) A temporary license issued under this subdivision expires after six months.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 6.  Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:

 

Subd. 2.  Emergency situations and persons currently licensed in another jurisdiction.  (a) The board may issue a temporary license to practice social work to an applicant who is licensed or credentialed to practice social work in another jurisdiction, may or may not have applied for a license under section 148E.055, and has:

 

(1) applied for a temporary license on a form provided by the board;

 

(2) submitted a form provided by the board authorizing the board to complete a criminal background check;

 

(3) submitted evidence satisfactory to the board that the applicant is currently licensed or credentialed to practice social work in another jurisdiction;

 

(4) attested on a form provided by the board that the applicant has completed the requirements for a baccalaureate or graduate degree in social work from a program accredited by the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accreditation accrediting body designated by the board, or a doctorate in social work from an accredited university; and

 

(5) not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(b) A temporary license issued under this subdivision expires after six months.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 7.  Minnesota Statutes 2010, section 148E.060, is amended by adding a subdivision to read:

 

Subd. 2a.  Programs in candidacy status.  (a) The board may issue a temporary license to practice social work to an applicant who has completed the requirements for a baccalaureate or graduate degree in social work from a program in candidacy status with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board, and has:

 

(1) applied for a license under section 148E.055;

 

(2) applied for a temporary license on a form provided by the board;

 

(3) submitted a form provided by the board authorizing the board to complete a criminal background check;

 

(4) passed the applicable licensure examination provided for in section 148E.055; and


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(5) not engaged in conduct that is in violation of the standards of practice specified in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that is in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(b) A temporary license issued under this subdivision expires after 12 months but may be extended at the board's discretion upon a showing that the social work program remains in good standing with the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board.  If the board receives notice from the Council on Social Work Education, the Canadian Association of Schools of Social Work, or a similar accrediting body designated by the board that the social work program is not in good standing, or that the accreditation will not be granted to the social work program, the temporary license is immediately revoked.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 8.  Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:

 

Subd. 3.  Teachers.  (a) The board may issue a temporary license to practice social work to an applicant whose permanent residence is outside the United States, who is teaching social work at an academic institution in Minnesota for a period not to exceed 12 months, who may or may not have applied for a license under section 148E.055, and who has:

 

(1) applied for a temporary license on a form provided by the board;

 

(2) submitted a form provided by the board authorizing the board to complete a criminal background check;

 

(3) attested on a form provided by the board that the applicant has completed the requirements for a baccalaureate or graduate degree in social work; and

 

(4) has not engaged in conduct that was or would be in violation of the standards of practice specified in sections 148E.195 to 148E.240.  If the applicant has engaged in conduct that was or would be in violation of the standards of practice, the board may take action according to sections 148E.255 to 148E.270.

 

(b) A temporary license issued under this subdivision expires after 12 months.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 9.  Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:

 

Subd. 5.  Temporary license term.  (a) A temporary license is valid until expiration, or until the board issues or denies the license according to section 148E.055, or until the board revokes the temporary license, whichever comes first.  A temporary license is nonrenewable.

 

(b) A temporary license issued according to subdivision 1 or 2 expires after six months.

 

(c) A temporary license issued according to subdivision 3 expires after 12 months.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.


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Sec. 10.  Minnesota Statutes 2010, section 148E.065, subdivision 2, is amended to read:

 

Subd. 2.  Students.  An internship, externship, or any other social work experience that is required for the completion of an accredited program of social work does not constitute the practice of social work under this chapter.  Students exempted under this section may use the title "social work intern."

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 11.  Minnesota Statutes 2010, section 148E.065, subdivision 4, is amended to read:

 

Subd. 4.  City, county, and state agency social workers.  (a) The licensure of city, county, and state agency social workers is voluntary., except an individual who is newly employed by a city or state agency on or after July 1, 2016, must be licensed if the individual who provides social work services, as those services are defined in section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title incorporating the words "social work" or "social worker."

 

(b) City, county, and state agencies employing social workers are not required to employ licensed social workers.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 12.  Minnesota Statutes 2010, section 148E.065, subdivision 5, is amended to read:

 

Subd. 5.  Tribes and private nonprofit agencies; voluntary licensure.  (a) The licensure of social workers who are employed by federally recognized tribes, or by private nonprofit agencies is voluntary.

 

(b) The licensure of private, nonprofit, nontribal agency social workers whose primary service focus addresses ethnic minority populations, and who are themselves members of ethnic minority populations within those agencies, is voluntary until July 1, 2016, when newly employed individuals who practice social work must be licensed as required under section 148E.055, subdivision 1.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 13.  Minnesota Statutes 2010, section 148E.120, is amended to read:

 

148E.120 REQUIREMENTS OF SUPERVISORS.

 

Subdivision 1.  Supervisors licensed as social workers.  (a) Except as provided in paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a social worker must:

 

(1) have completed 30 hours of training in supervision through coursework from an accredited college or university, or through continuing education in compliance with sections 148E.130 to 148E.170;

 

(2) be competent in the activities being supervised; and

 

(3) attest, on a form provided by the board, that the social worker has met the applicable requirements specified in this section and sections 148E.100 to 148E.115.  The board may audit the information provided to determine compliance with the requirements of this section.

 

(b) A licensed independent clinical social worker providing clinical licensing supervision to a licensed graduate social worker or a licensed independent social worker must have at least 2,000 hours of experience in authorized social work practice, including 1,000 hours of experience in clinical practice after obtaining a licensed independent clinical social worker license.


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(c) A licensed social worker, licensed graduate social worker, licensed independent social worker, or licensed independent clinical social worker providing nonclinical licensing supervision must have completed the supervised practice requirements specified in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

 

(d) If the board determines that supervision is not obtainable from an individual meeting the requirements specified in paragraph (a), the board may approve an alternate supervisor according to subdivision 2.

 

Subd. 2.  Alternate supervisors.  (a) The board may approve an alternate supervisor if:  The board may approve an alternate supervisor as determined in this subdivision.  The board shall approve up to 25 percent of the required supervision hours by a licensed mental health professional who is competent and qualified to provide supervision according to the mental health professional's respective licensing board, as established by section 245.462, subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6).

 

(1) the board determines that supervision is not obtainable according to paragraph (b);

 

(2) the licensee requests in the supervision plan submitted according to section 148E.125, subdivision 1, that an alternate supervisor conduct the supervision;

 

(3) the licensee describes the proposed supervision and the name and qualifications of the proposed alternate supervisor; and

 

(4) the requirements of paragraph (d) are met.

 

(b) The board may determine that supervision is not obtainable if:

 

(1) the licensee provides documentation as an attachment to the supervision plan submitted according to section 148E.125, subdivision 1, that the licensee has conducted a thorough search for a supervisor meeting the applicable licensure requirements specified in sections 148E.100 to 148E.115;

 

(2) the licensee demonstrates to the board's satisfaction that the search was unsuccessful; and

 

(3) the licensee describes the extent of the search and the names and locations of the persons and organizations contacted.

 

(c) The requirements specified in paragraph (b) do not apply to obtaining licensing supervision for social work practice if the board determines that there are five or fewer supervisors meeting the applicable licensure requirements in sections 148E.100 to 148E.115 in the county where the licensee practices social work.

 

(d) An alternate supervisor must:

 

(1) be an unlicensed social worker who is employed in, and provides the supervision in, a setting exempt from licensure by section 148E.065, and who has qualifications equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;

 

(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the applicable requirements specified in sections 148E.100 to 148E.115; or

 

(3) be a licensed marriage and family therapist or a mental health professional as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, as determined by the board, who is licensed or credentialed by a state, territorial, provincial, or foreign licensing agency.


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(e) In order to qualify to provide clinical supervision of a licensed graduate social worker or licensed independent social worker engaged in clinical practice, the alternate supervisor must be a mental health professional as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, as determined by the board, who is licensed or credentialed by a state, territorial, provincial, or foreign licensing agency.

 

(b) The board shall approve up to 100 percent of the required supervision hours by an alternate supervisor if the board determines that:

 

(1) there are five or fewer supervisors in the county where the licensee practices social work who meet the applicable licensure requirements in subdivision 1;

 

(2) the supervisor is an unlicensed social worker who is employed in, and provides the supervision in, a setting exempt from licensure by section 148E.065, and who has qualifications equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;

 

(3) the supervisor is a social worker engaged in authorized social work practice in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;

 

(4) the applicant or licensee is engaged in nonclinical authorized social work practice outside of Minnesota and the supervisor meets the qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an equivalent mental health professional, as determined by the board, who is credentialed by a state, territorial, provincial, or foreign licensing agency; or

 

(5) the applicant or licensee is engaged in clinical authorized social work practice outside of Minnesota and the supervisor meets qualifications equivalent to the applicable requirements in section 148E.115, or the supervisor is an equivalent mental health professional as determined by the board, who is credentialed by a state, territorial, provincial, or foreign licensing agency.

 

(c) In order for the board to consider an alternate supervisor under this section, the licensee must:

 

(1) request in the supervision plan and verification submitted according to section 148E.125 that an alternate supervisor conduct the supervision; and

 

(2) describe the proposed supervision and the name and qualifications of the proposed alternate supervisor.  The board may audit the information provided to determine compliance with the requirements of this section.

 

EFFECTIVE DATE.  This section is effective August 1, 2012.

 

Sec. 14.  Minnesota Statutes 2010, section 148E.195, subdivision 2, is amended to read:

 

Subd. 2.  Representations.  (a) No applicant or other individual may be represented to the public by any title incorporating the words "social work" or "social worker" unless the individual is employed by a county or holds a license according to sections 148E.055 and 148E.060 or practices in a setting exempt from licensure according to section 148E.065 this chapter.

 

(b) In all professional use of a social worker's name, the social worker must use the license designation "LSW" or "licensed social worker" for a licensed social worker, "LGSW" or "licensed graduate social worker" for a licensed graduate social worker, "LISW" or "licensed independent social worker" for a licensed independent social worker, or "LICSW" or "licensed independent clinical social worker" for a licensed independent clinical social worker.


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(c) Public statements or advertisements must not be untruthful, misleading, false, fraudulent, deceptive, or potentially exploitative of clients, former clients, interns, students, supervisees, or the public.

 

(d) A social worker must not:

 

(1) use licensure status as a claim, promise, or guarantee of successful service;

 

(2) obtain a license by cheating or employing fraud or deception;

 

(3) make false statements or misrepresentations to the board or in materials submitted to the board; or

 

(4) engage in conduct that has the potential to deceive or defraud a social work client, intern, student, supervisee, or the public.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 15.  Minnesota Statutes 2010, section 148E.280, is amended to read:

 

148E.280 USE OF TITLES.

 

No individual may be presented to the public by any title incorporating the words "social work" or "social worker" or in the titles in section 148E.195, unless that individual is employed by a county or holds a license under sections 148E.055 and 148E.060, or practices in a setting exempt from licensure under section 148E.065 this chapter.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 16.  [150A.24] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of sections 150A.24 to 150A.32, the following terms have the meanings given.

 

Subd. 2.  Certified dental technician.  "Certified dental technician" means a dental technician who has met the standards set by the National Board for Certification in Dental Laboratory Technology or its equivalent as established by the Board of Dentistry.

 

Subd. 3.  Dental laboratory.  "Dental laboratory" means a corporation, partnership, sole proprietor, or other business entity engaged in the manufacture or repair of dental prosthetic appliances.

 

Subd. 4.  Work authorization.  "Work authorization" means a written instrument by which a registered or certified dental laboratory subcontracts to another registered or certified dental laboratory all or part of the fabrication or repair of a dental prosthetic appliance authorized by a work order by a dentist licensed under this chapter.

 

Subd. 5.  Work order.  "Work order" means a written instrument prescribed by a dentist licensed under this chapter directing a registered or certified dental laboratory to manufacture, fabricate, or repair a dental prosthetic appliance for an individual patient.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.


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Sec. 17.  [150A.25] REGISTRATION FOR DENTAL LABORATORIES.

 

Subdivision 1.  General.  Beginning January 1, 2013, all dental laboratories physically located in Minnesota must register with the Board of Dentistry according to sections 150A.24 to 150A.32.  A dental laboratory that is physically located within a dental practice is not required to register if the dental prosthetic appliances are manufactured or repaired for the exclusive use of the dentist or dentists within the dental practice.

 

Subd. 2.  Registration requirements.  (a) An application for an initial registration must be submitted to the board on a form provided by the board accompanied with the registration fee required under section 150A.32.  The application must contain:

 

(1) the business name of the laboratory;

 

(2) the physical address of the laboratory;

 

(3) the name of the laboratory's owner or operator; and

 

(4) the telephone number and e-mail address of the laboratory owner or operator.

 

(b) It is the responsibility of the dental laboratory to notify the board of any change in the registration information required under paragraph (a).

 

Subd. 3.  Unique registration number.  Upon approval, the board shall issue a registration and a unique registration number to the dental laboratory.

 

Subd. 4.  Registration term.  Upon initial registration with the board, a dental laboratory is not required to renew that registration.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 18.  [150A.26] CERTIFICATION FOR DENTAL LABORATORIES.

 

Subdivision 1.  General.  Beginning January 1, 2013, a dental laboratory may be certified by the Board of Dentistry according to sections 150A.24 to 150A.32.

 

Subd. 2.  Certification requirements.  An application for an initial certification and for renewal must be submitted to the board on a form provided by the board accompanied with the certification fee required under section 150A.32.  The application must contain:

 

(1) the name of the laboratory;

 

(2) the physical address of the laboratory;

 

(3) verification that the laboratory meets the infectious disease control requirements under Occupational Safety and Health Administration and the Centers for Disease Control and Prevention of the United States Public Health Services;

 

(4) verification that the laboratory has:

 

(i) at least one full-time certified dental technician employee in the laboratory; and


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(ii) National Board for Certification in Dental Laboratory Technology certification; or

 

(iii) International Organization for Standardization certification; or

 

(iv) Dental Appliance Manufacturers Audit System certification; and

 

(5) any other relevant information deemed necessary by the board.

 

Subd. 3.  Unique certification number.  Upon approval, the board shall issue a certification and a unique certification number to the dental laboratory.

 

Subd. 4.  Certification term; renewal.  (a) Certification shall be valid for two years from the date of issuance and may be renewed upon submitting the information required in subdivision 2 and the certification renewal fee required in section 150A.32.

 

(b) At renewal, a certified dental laboratory must submit an affidavit to the board, on a form prescribed by the board, that each dental technician employed by or under contract with the laboratory has met the continuing education requirements specified in section 150A.31.

 

Subd. 5.  Inspections.  (a) The board shall have the authority to inspect a certified dental laboratory and to review any records necessary to ensure that the requirements of sections 150A.24 to 150A.31 are met.

 

(b) The board shall have the authority to enter the premises to make an inspection.  Refusal to permit an inspection constitutes valid grounds for certification denial or revocation.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 19.  [150A.27] WORK ORDER REQUIRED.

 

No registered or certified dental laboratory shall perform any dental technological work for a dentist licensed under this chapter without a valid work order from the licensed dentist or a work authorization issued pursuant to a valid work order.  A work order or work authorization may be handwritten and may be faxed or sent electronically using an electronic signature.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 20.  [150A.28] MATERIAL CONTENT NOTICE.

 

(a) A dental laboratory shall inform the dentist who issued the work order of:

 

(1) the country of origin where the technological work was performed in whole or in part; and

 

(2) the name, physical address, and registration number of the laboratory or laboratories that manufactured or repaired the dental prosthesis, either directly or indirectly.

 

(b) A dental laboratory shall disclose to the dentist the complete material content of the patient contact materials contained in the dental prosthetic appliance in a manner that can be easily entered into a patient record.  Upon receipt of the material content notice, the dentist must include the information in the record of the patient for whom the prosthesis is intended.


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(c) It is the responsibility of the Minnesota licensed dentist to obtain the information as to material content and country of origin for dental laboratory work performed by an out-of-state dental laboratory as must be provided by a dental laboratory physically located in Minnesota and to include this information in the patient's record.

 

(d) A registered or certified dental laboratory must comply with section 150A.21.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 21.  [150A.29] PROHIBITION AGAINST USE OF NONREGISTERED OR NONCERTIFIED DENTAL LABORATORIES.

 

(a) A dentist licensed under this chapter must use a dental laboratory registered or certified under sections 150A.24 to 150A.32 for any dental laboratory work that is performed in this state and outside of the office of a licensed dentist.

 

(b) No registered or certified dental laboratory shall subcontract all or part of any dental laboratory work that is prescribed by a work order to another dental laboratory in this state unless the laboratory is registered or certified by the board according to sections 150A.24 to 150A.32.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 22.  [150A.31] CONTINUING EDUCATION REQUIREMENTS.

 

(a) A certified dental laboratory must maintain on file documentation certifying that each dental technician employed by or under contract with the laboratory has completed eight hours of continuing education biennially.  The documentation for each dental technician must include the date, location, sponsor, subject matter, and attendance hours of each completed continuing education course and any receipts, vouchers, or certificates necessary to document completion of the continuing education requirement.  The documentation must be retained for each dental technician for at least two certification renewal cycles.

 

(b) A continuing education course must contribute directly to the education of the dental technician to improve dental health care delivery, and must address one or more of the following areas of professional development:

 

(1) laboratory and technological subjects including, but not limited to, laboratory techniques, procedures, materials, and equipment; and

 

(2) oral health, infection control, and patient safety.

 

(c) Continuing education courses must meet the criteria established by the National Board for Certification in Dental Laboratory Technology.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.

 

Sec. 23.  [150A.32] FEES.

 

(a) The fee for registration is $20.

 

(b) The fee for the initial certification and biennial renewal may not exceed $300.

 

(c) The fees specified in this section are nonrefundable and shall be deposited in the state government special revenue fund.

 

EFFECTIVE DATE.  This section is effective January 1, 2013.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5688

Sec. 24.  APPROPRIATIONS.

 

$.......is appropriated for fiscal year 2013 and $.......is appropriated for fiscal year 2014 from the state government special revenue fund to the Board of Dentistry for the purpose of implementing Minnesota Statutes, sections 150A.24 to 150A.32.

 

Sec. 25.  REPEALER.

 

Minnesota Statutes 2010, section 148E.065, subdivision 3, is repealed August 1, 2012."

 

Delete the title and insert:

 

"A bill for an act relating to occupations and professions; changing licensing provisions to practice social work; regulating dental laboratories; establishing fees; appropriating money; amending Minnesota Statutes 2010, sections 148E.055, subdivision 1; 148E.060, subdivisions 1, 2, 3, 5, by adding a subdivision; 148E.065, subdivisions 2, 4, 5; 148E.120; 148E.195, subdivision 2; 148E.280; proposing coding for new law in Minnesota Statutes, chapters 148E; 150A; repealing Minnesota Statutes 2010, section 148E.065, subdivision 3."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Erickson from the Committee on Education Reform to which was referred:

 

S. F. No. 946, A bill for an act relating to education; establishing a pilot project to examine how school districts might operate jointly to provide innovative delivery of programs and activities and share resources.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  INNOVATIVE DELIVERY OF EDUCATION SERVICES AND SHARING OF DISTRICT RESOURCES; PILOT PROJECT.

 

Subdivision 1.  Establishment; requirements for participation.  (a) A five-year pilot project for the 2013-2014 through 2017-2018 school years is established to improve student and school outcomes by allowing groups of school districts to work together to provide innovative education programs and activities and share district resources.

 

(b) To participate in this pilot project to improve student and school outcomes, a group of two or more school districts must consult with school staff and receive formal school board approval to form a partnership.  The partnership must develop a plan to provide challenging programmatic options for students, create professional development opportunities for educators, increase student engagement and connection and challenging learning opportunities for students, or demonstrate efficiencies in delivering financial and other services.  The plan must establish:

 

(1) collaborative educational goals and objectives;


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(2) strategies and processes to implement those goals and objectives, including a budget process with periodic expenditure reviews;

 

(3) valid and reliable measures to evaluate progress in realizing the goals and objectives;

 

(4) an implementation timeline; and

 

(5) other applicable conditions, regulations, responsibilities, duties, provisions, fee schedules, and legal considerations needed to fully implement the plan.

 

A partnership, with the education commissioner's approval, may invite additional districts to join the partnership during the pilot project term.

 

(c) A partnership of interested districts must apply by February 1, 2013, to the education commissioner in the form and manner the commissioner determines, consistent with this section.  The application must contain the formal approval adopted by the school board in each district to participate in the plan.

 

(d) Notwithstanding other law to the contrary, during the term of the pilot project participating districts may begin the school year before Labor Day, may adopt an extended school calendar, or may schedule staff development days throughout the calendar year.

 

(e) Notwithstanding other law to the contrary, a participating school district under this section continues to receive revenue and maintain its taxation authority and be organized and governed by an elected school board with general powers under Minnesota Statutes, section 123B.02.

 

Subd. 2.  Commissioner's role.  The education commissioner, using available education department staff and resources, must select between three and six qualified applicants under subdivision 1 on a first-come, first-served basis to participate in this pilot project.  The commissioner must select only those applicants that fully comply with the requirements in subdivision 1.  The commissioner must terminate a project participant that fails to effectively implement the goals and objectives contained in its application and according to its stated timeline.

 

Subd. 3.  Pilot project evaluation.  Participating school districts must submit pilot project data to the commissioner in the form and manner determined by the commissioner.  The education commissioner must analyze participating districts' progress in realizing their educational goals and objectives to work together in providing innovative education programs and activities and sharing resources.  The commissioner must include the analysis in a report to the legislative committees with jurisdiction over kindergarten through grade 12 education finance and policy on the efficacy of this pilot project.  The commissioner may submit an interim project report at any time and must submit a final report to the legislature by February 1, 2018, recommending whether or not to continue or expand the pilot project.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to the 2013-2014 through 2017-2018 school years."

 

 

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Education Finance.

 

      The report was adopted.


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Shimanski from the Committee on Judiciary Policy and Finance to which was referred:

 

S. F. No. 1236, A bill for an act relating to civil law; limiting successor corporation asbestos-related liabilities; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the recommendation that the bill pass.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 329, 1835 and 2127 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 1123, 1240, 1371 and 1236 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Cornish introduced:

 

H. F. No. 2415, A bill for an act relating to public safety; permitting victim notification regarding offenders by Department of Corrections to include electronic notification in addition to written notification; amending Minnesota Statutes 2010, sections 253B.18, subdivision 5a; 253B.185, subdivision 10; 611A.06, subdivisions 1, 2.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

Rukavina introduced:

 

H. F. No. 2416, A bill for an act relating to health; requiring MinnesotaCare coverage of private duty nursing, nursing home or intermediate care facilities, and personal care attendant services; requiring the commissioner of health to coordinate federal home health aides certification in underserved areas; amending Minnesota Statutes 2010, section 256L.03, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.


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Anzelc and Rukavina introduced:

 

H. F. No. 2417, A bill for an act relating to game and fish; modifying requirements to tend snares; amending Minnesota Statutes 2010, section 97B.931, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

 

Howes introduced:

 

H. F. No. 2418, A bill for an act relating to lawful gambling; allowing licensed organizations to contribute net profits from lawful gambling to 501(c)(19) organizations; amending Minnesota Statutes 2010, section 349.12, subdivision 25, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Garofalo, Lohmer, Woodard and Slocum introduced:

 

H. F. No. 2419, A bill for an act relating to education finance; requiring 90 percent aid payments for charter schools in their first three years; amending Minnesota Statutes 2011 Supplement, section 124D.11, subdivision 9.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Woodard, Lohmer, Slocum, Erickson and Greiling introduced:

 

H. F. No. 2420, A bill for an act relating to education; modifying certain charter school provisions; amending Minnesota Statutes 2011 Supplement, section 124D.10, subdivisions 3, 4, 6, 11, 15, 17a, 23, 25.

 

The bill was read for the first time and referred to the Committee on Education Reform.

 

 

Allen and Abeler introduced:

 

H. F. No. 2421, A bill for an act relating to family law; adoption; modifying certain child placement proceedings; amending Minnesota Statutes 2010, section 260.771, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Civil Law.

 

 

Hamilton introduced:

 

H. F. No. 2422, A bill for an act relating to stadiums; constructing a stadium in Arden Hills; authorizing electronic pull-tabs and bingo; authorizing the sale and issuance of state appropriation bonds; funding public infrastructure improvements; appropriating money; amending Minnesota Statutes 2010, sections 3.971, subdivision 6; 3.9741, by adding a subdivision; 13.55, subdivision 1; 297A.71, by adding a subdivision; 297A.992, by adding a subdivision; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18, 25b, 25c, 25d, 29, 31, 32, by adding subdivisions; 349.13; 349.151, subdivisions 4b, 4c, by adding a subdivision; 349.161, subdivisions 1, 5; 349.162, subdivision 5; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions 2, 3, by adding a subdivision; 349.17, subdivisions 6, 7, 8, by adding a


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5692

subdivision; 349.1721; 349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivision 1a; 349.2127, subdivision 2; 352.01, subdivision 2a; 473.121, subdivision 5a; 473.164; 473.565, subdivision 1; Minnesota Statutes 2011 Supplement, sections 10A.01, subdivision 35; 340A.404, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 383A; proposing coding for new law as Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections 137.50, subdivision 5; 473.551; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17; 473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.5955; 473.596; 473.598; 473.599; 473.5995; 473.76.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Hamilton introduced:

 

H. F. No. 2423, A bill for an act relating to human services; repealing continuing care contingent rate reductions; repealing Minnesota Statutes 2011 Supplement, section 256B.5012, subdivision 13; Laws 2011, First Special Session chapter 9, article 7, section 54.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Mullery introduced:

 

H. F. No. 2424, A bill for an act relating to property taxes; modifying exemptions; amending Minnesota Statutes 2010, section 272.02, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Abeler, Huntley, Franson, Gruenhagen and Norton introduced:

 

H. F. No. 2425, A bill for an act relating to human services; classifying certain physician assistants as mental health professionals for purposes of medical assistance; amending Minnesota Statutes 2010, section 256B.0625, subdivision 42.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Dettmer, Cornish, Nornes, Lohmer, O'Driscoll and Smith introduced:

 

H. F. No. 2426, A bill for an act relating to state government; appropriating money for repairs of the Peace Officer's Memorial.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.


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Champion, Hausman, Urdahl, Greene and Nornes introduced:

 

H. F. No. 2427, A bill for an act relating to capital investment; appropriating money for renovation of the historic Masonic Temple at the Hennepin Center for the Arts, in Minneapolis; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Beard, Morrow, Hausman, Vogel, Shimanski, Hornstein, Torkelson and Nelson introduced:

 

H. F. No. 2428, A bill for an act relating to transportation; directing commissioners of transportation and employment and economic development to study and report to the legislature about economic development related to freight railroad operation; amending Minnesota Statutes 2010, section 174.03, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.

 

 

Mazorol, Winkler, Mahoney, Zellers and Davids introduced:

 

H. F. No. 2429, A bill for an act relating to economic development; establishing a technology corporate franchise tax certificate transfer program; amending Minnesota Statutes 2010, sections 290.01, subdivision 29; 290.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Urdahl, Marquart, Beard, Kahn and Davids introduced:

 

H. F. No. 2430, A bill for an act relating to cultural heritage; appropriating money for agency rulemaking access.

 

The bill was read for the first time and referred to the Legacy Funding Division.

 

 

Banaian introduced:

 

H. F. No. 2431, A bill for an act relating to state government; authorizing the Sunset Advisory Commission to enter into contracts; specifying criteria for agency reporting on outcome-based budgets under the Minnesota Sunset Act; appropriating money; amending Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

Hoppe, Atkins and Simon introduced:

 

H. F. No. 2432, A bill for an act relating to liquor; authorizing off-sale license for growlers; amending Minnesota Statutes 2010, section 340A.405, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.


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Garofalo introduced:

 

H. F. No. 2433, A bill for an act relating to education finance; requiring at least 40 percent of the arts and cultural heritage funding to be devoted to programs for school-age children; amending Minnesota Statutes 2011 Supplement, section 129D.17, subdivision 2.

 

The bill was read for the first time and referred to the Legacy Funding Division.

 

 

Nornes and Murdock introduced:

 

H. F. No. 2434, A bill for an act relating to natural resources; setting standards for diversion or sale of water; amending Minnesota Statutes 2010, sections 103G.261; 103G.265, subdivision 2, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

 

Woodard, Cornish and Daudt introduced:

 

H. F. No. 2435, A bill for an act relating to public safety; providing for a fusion center to assist with detection, prevention, and investigation of, and response to, criminal and terrorist activities; proposing coding for new law in Minnesota Statutes, chapter 299C.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

Woodard, Davids, Fabian, Daudt, Scott and Franson introduced:

 

H. F. No. 2436, A bill for an act relating to taxation; sales and use; eliminating sales tax on purchases by counties; amending Minnesota Statutes 2011 Supplement, section 297A.70, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Smith and Wardlow introduced:

 

H. F. No. 2437, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Moran, Mariani and Slocum introduced:

 

H. F. No. 2438, A bill for an act relating to public safety; modifying provisions relating to school bus safety and standards; abolishing standards for type III vehicles used for transporting students; amending Minnesota Statutes 2010, sections 169.4501, subdivisions 1, 2; 169.4503, subdivisions 5, 20, by adding subdivisions; repealing Minnesota Statutes 2010, section 169.454, subdivision 10.

 

The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.


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Kahn introduced:

 

H. F. No. 2439, A bill for an act relating to bonds; modifying requirements for bond security; amending Minnesota Statutes 2010, section 574.01.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

Murphy, E.; Gauthier; Knuth; Hornstein and Norton introduced:

 

H. F. No. 2440, A bill for an act relating to health; appropriating money for demonstration grants to prevent sexual violence.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Finance.

 

 

Loon introduced:

 

H. F. No. 2441, A bill for an act relating to insurance; modifying defensive driving refresher course requirements; amending Minnesota Statutes 2010, section 65B.28, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Persell, Howes, Hilty and Falk introduced:

 

H. F. No. 2442, A bill for an act relating to commerce; weights and measures; clarifying use of petroleum inspection fee revenues; amending Minnesota Statutes 2010, section 239.101, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Downey introduced:

 

H. F. No. 2443, A bill for an act relating to unemployment benefits; modifying benefit eligibility and duration; providing wage support for persons with disabilities; providing exceptions for certain persons who are starting a business; appropriating money; amending Minnesota Statutes 2010, sections 268.07, subdivision 2a; 268.085, subdivisions 1, 5, 16; Minnesota Statutes 2011 Supplement, section 268.085, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Winkler, Hausman, Mahoney, Norton, Kahn, Greene, Scalze, Ward, Gauthier and Morrow introduced:

 

H. F. No. 2444, A bill for an act relating to the financing and operation of state government; income and corporate franchise taxation; eliminating the preferences for foreign source income; repealing the subtraction for foreign royalties; expanding the definition of domestic corporations to include certain foreign corporations incorporated or doing business in tax havens; modifying JOBZ tax benefits; reducing the corporate franchise tax rates; modifying the apportionment of income; repealing foreign operating corporations; repealing the special apportionment formula for certain mail order businesses; expanding the Minnesota Science and Technology Authority to include a research focus; establishing a new public research infrastructure grant program; requiring a


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5696

plan for expanded research; establishing a public postsecondary research partnership; amending Minnesota Statutes 2010, sections 116W.01; 116W.02, subdivisions 2, 3; 116W.03, subdivision 1; 116W.04, subdivisions 1, 8; 116W.06, subdivisions 1, 2; 289A.08, subdivision 3; 290.01, subdivisions 5, 19d, 29, by adding a subdivision; 290.06, subdivision 1; 290.0921, subdivision 1; 290.17, subdivision 4; 290.191, subdivisions 2, 3, 5; 469.315; 469.319, subdivision 4; Minnesota Statutes 2011 Supplement, sections 116W.25; 116W.26, subdivisions 2, 5, 6, 7, 8, 9; 116W.27; 116W.28; 116W.29; 116W.30; 116W.31; 116W.32, subdivision 1; 290.01, subdivision 19c; proposing coding for new law in Minnesota Statutes, chapter 116W; repealing Minnesota Statutes 2010, sections 290.01, subdivision 6b; 290.06, subdivision 29; 290.0921, subdivision 7; 290.191, subdivision 4; 469.317; 469.318.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Winkler introduced:

 

H. F. No. 2445, A bill for an act relating to health; establishing packaging requirements for acetaminophen pills; proposing coding for new law in Minnesota Statutes, chapter 145.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Winkler introduced:

 

H. F. No. 2446, A bill for an act relating to workforce development; establishing an emergency employment development program; providing wage subsidies; designating the Middle Class Jobs Act; establishing the Grow Minnesota Development Authority; providing for early warning; modifying sick leave; amending business subsidy disclosure requirements; clarifying workplace communications; modifying minimum wage requirements; creating penalties; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2010, sections 16C.08, subdivision 4; 116J.035, by adding subdivisions; 116J.994, subdivisions 7, 8, by adding a subdivision; 116L.976, subdivision 1, by adding a subdivision; 177.24, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 16C; 181; proposing coding for new law as Minnesota Statutes, chapter 116X.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Scalze introduced:

 

H. F. No. 2447, A bill for an act relating to marriage; authorizing a judge from the Office of Administrative Hearings to perform marriages; amending Minnesota Statutes 2010, section 517.04.

 

The bill was read for the first time and referred to the Committee on Civil Law.

 

 

Kiel and Kieffer introduced:

 

H. F. No. 2448, A bill for an act relating to local government; modifying requirements for changing benefits in a group insurance contract for employees covered by a collective bargaining agreement; amending Minnesota Statutes 2010, section 471.6161, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.


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Lesch and Slocum introduced:

 

H. F. No. 2449, A bill for an act relating to crime; expanding number of crimes constituting crimes of violence; amending Minnesota Statutes 2010, section 624.712, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

Simon introduced:

 

H. F. No. 2450, A bill for an act relating to assumed names; providing for an exception from filing requirements; amending Minnesota Statutes 2010, section 333.01, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Gauthier, Kahn, Slocum and Leidiger introduced:

 

H. F. No. 2451, A bill for an act relating to human rights; requiring employers to post employee protections under the Minnesota Human Rights Act; increasing the time period of the certificate of compliance and filing fee; amending Minnesota Statutes 2010, section 363A.36, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 363A.

 

The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.

 

 

Gunther, Cornish and Brynaert introduced:

 

H. F. No. 2452, A bill for an act relating to higher education; providing funding for the International Renewable Energy Technology Institute at Minnesota State University, Mankato; appropriating money.

 

The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.

 

 

Greiling, Paymar, Hausman, Scalze, Anzelc, Slocum, Ward and Lenczewski introduced:

 

H. F. No. 2453, A bill for an act relating to legislative procedure; requiring certain conference committee communications to be open to the public; requiring budget negotiations between legislative leaders and bill and budget negotiations between the governor and legislative leaders to be open to the public; amending Minnesota Statutes 2010, section 3.055, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

Lenczewski, Carlson, Knuth and Benson, J., introduced:

 

H. F. No. 2454, A bill for an act relating to taxation; corporate franchise; expanding the base and reducing the rate of the tax; accelerating single-sales apportionment; amending Minnesota Statutes 2010, sections 289A.08, subdivision 3; 290.01, subdivisions 5, 19d, 29, by adding a subdivision; 290.06, subdivision 1; 290.0921,


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5698

subdivisions 1, 3; 290.17, subdivision 4; 290.191, subdivisions 2, 3, 5; 290.21, subdivision 4; 469.315; 469.319, subdivision 4; 469.324; 469.328, subdivision 1; 469.336; 469.340, subdivision 1; Minnesota Statutes 2011 Supplement, section 290.01, subdivision 19c; repealing Minnesota Statutes 2010, sections 290.01, subdivision 6b; 290.06, subdivisions 24, 27, 28, 29, 30, 31, 32, 33; 290.0921, subdivision 7; 290.191, subdivision 4; 469.317; 469.318; 469.326; 469.327; 469.337; 469.338.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Gruenhagen introduced:

 

H. F. No. 2455, A bill for an act relating to the city of Montgomery; authorizing the city to convey property for less than market value.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

Abeler and Loeffler introduced:

 

H. F. No. 2456, A bill for an act relating to human services; amending continuing care policy provisions; making changes to disability services and licensing provisions; establishing home and community-based services standards; establishing payment methodologies; requiring a report; amending Minnesota Statutes 2010, sections 245A.03, subdivision 2; 245A.041, by adding subdivisions; 245A.085; 245B.02, subdivision 10, by adding a subdivision; 245B.04, subdivisions 1, 2, 3; 245B.05, subdivision 1; 245B.06, subdivision 2; 245B.07, subdivisions 5, 9, 10, by adding a subdivision; 252.40; 252.41, subdivision 3; 252.42; 252.43; 252.44; 252.45; 252.451, subdivisions 2, 5; 252.46, subdivision 1a; 256B.0916, subdivision 2; 256B.49, subdivision 17; 256B.4912; 256B.501, subdivision 4b; 256B.5013, subdivision 1; Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 16a; proposing coding for new law in Minnesota Statutes, chapters 245A; 256B; proposing coding for new law as Minnesota Statutes, chapter 245D; repealing Minnesota Statutes 2010, sections 252.46, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 20, 21; 256B.501, subdivision 8.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Hosch introduced:

 

H. F. No. 2457, A bill for an act relating to health occupations; modifying the verification requirements for the Cooper/Sams volunteer ambulance program; amending Minnesota Statutes 2010, section 144E.41.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

 

Torkelson, Dill, Gunther and Fabian introduced:

 

H. F. No. 2458, A bill for an act relating to state government; creating an advisory inspections process; proposing coding for new law in Minnesota Statutes, chapter 15.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5699

Kieffer introduced:

 

H. F. No. 2459, A bill for an act relating to liquor; creating licensure for wine educators; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Norton and Kiel introduced:

 

H. F. No. 2460, A bill for an act relating to employment; extended employment; modifying definitions; appropriating money; amending Minnesota Statutes 2010, section 268A.15, subdivision 1a.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Westrom and Vogel introduced:

 

H. F. No. 2461, A bill for an act relating to game and fish; allowing hunting of coyotes from aircraft and snowmobiles; amending Minnesota Statutes 2010, section 97B.055, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

 

Erickson introduced:

 

H. F. No. 2462, A bill for an act relating to natural resources; requiring legislative approval of five-year management plan for Mille Lacs walleye harvest.

 

The bill was read for the first time and referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.

 

 

LeMieur and Hoppe introduced:

 

H. F. No. 2463, A bill for an act relating to liquor; authorizing purchase in special circumstances; amending Minnesota Statutes 2010, section 340A.301, subdivision 6a.

 

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

 

Davids, Rukavina, Wardlow and Dean introduced:

 

H. F. No. 2464, A bill for an act relating to taxation; modifying liquor reporting requirements; amending Minnesota Statutes 2010, section 297A.8155.

 

The bill was read for the first time and referred to the Committee on Taxes.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5700

Daudt introduced:

 

H. F. No. 2465, A bill for an act relating to capital investment; appropriating money for a grant to the city of Cambridge for a street reconstruction project; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.

 

 

Daudt, Woodard, Erickson, Kiffmeyer and Benson, M., introduced:

 

H. F. No. 2466, A bill for an act relating to annexation; providing for a referendum by petition in an orderly annexation proceeding; requiring a stay of a final annexation under certain conditions; amending Minnesota Statutes 2010, sections 414.031, subdivision 1a, by adding a subdivision; 414.033, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 414.

 

The bill was read for the first time and referred to the Committee on Government Operations and Elections.

 

 

CALENDAR FOR THE DAY

 

 

      Hoppe moved that the Calendar for the Day be continued.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Ward moved that the name of Vogel be added as an author on H. F. No. 253.  The motion prevailed.

 

      Scott moved that the name of Anderson, P., be added as an author on H. F. No. 322.  The motion prevailed.

 

      Gottwalt moved that his name be stricken as an author on H. F. No. 383.  The motion prevailed.

 

      Kelly moved that the name of Dettmer be added as an author on H. F. No. 614.  The motion prevailed.

 

      Kiffmeyer moved that the name of Garofalo be added as an author on H. F. No. 1107.  The motion prevailed.

 

      Beard moved that the name of Vogel be added as an author on H. F. No. 1193.  The motion prevailed.

 

      Gruenhagen moved that the name of Woodard be added as an author on H. F. No. 1251.  The motion prevailed.

 

      Hortman moved that the name of Smith be added as an author on H. F. No. 1429.  The motion prevailed.

 

      Erickson moved that the name of Kieffer be added as an author on H. F. No. 1435.  The motion prevailed.

 

      Gruenhagen moved that the name of Greene be added as an author on H. F. No. 1665.  The motion prevailed.

 

      Beard moved that the name of Allen be added as an author on H. F. No. 1666.  The motion prevailed.

 

      Ward moved that the name of Vogel be added as an author on H. F. No. 1827.  The motion prevailed.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5701

      Dittrich moved that the name of Vogel be added as an author on H. F. No. 1833.  The motion prevailed.

 

      Mack moved that the name of Dill be added as an author on H. F. No. 1865.  The motion prevailed.

 

      Petersen, B., moved that the name of Myhra be added as an author on H. F. No. 1870.  The motion prevailed.

 

      Howes moved that the name of Davids be added as an author on H. F. No. 1924.  The motion prevailed.

 

      Atkins moved that the name of Scalze be added as an author on H. F. No. 1964.  The motion prevailed.

 

      Davids moved that the names of Allen, Persell and Dettmer be added as authors on H. F. No. 1972.  The motion prevailed.

 

      Beard moved that the names of Vogel and Urdahl be added as authors on H. F. No. 2169.  The motion prevailed.

 

      Banaian moved that the name of Benson, M., be added as an author on H. F. No. 2210.  The motion prevailed.

 

      Gottwalt moved that the names of Abeler and Mack be added as authors on H. F. No. 2237.  The motion prevailed.

 

      Laine moved that the names of Allen, Kieffer, Persell, Kath and Dettmer be added as authors on H. F. No. 2241.  The motion prevailed.

 

      O'Driscoll moved that the names of Fabian and Hancock be added as authors on H. F. No. 2244.  The motion prevailed.

 

      Abeler moved that the name of Mack be added as an author on H. F. No. 2258.  The motion prevailed.

 

      McElfatrick moved that the names of Vogel; Peterson, S.; Hancock and Mazorol be added as authors on H. F. No. 2288.  The motion prevailed.

 

      Atkins moved that the names of Scalze and Greene be added as authors on H. F. No. 2290.  The motion prevailed.

 

      Daudt moved that his name be stricken as an author on H. F. No. 2292.  The motion prevailed.

 

      Dill moved that the name of McElfatrick be added as an author on H. F. No. 2296.  The motion prevailed.

 

      Beard moved that the name of McElfatrick be added as an author on H. F. No. 2309.  The motion prevailed.

 

      Howes moved that the name of Smith be added as an author on H. F. No. 2343.  The motion prevailed.

 

      Abeler moved that the name of Peterson, S., be added as an author on H. F. No. 2348.  The motion prevailed.

 

      Quam moved that the name of Scalze be added as an author on H. F. No. 2358.  The motion prevailed.

 

      Benson, M., moved that the name of McNamara be added as an author on H. F. No. 2364.  The motion prevailed.


Journal of the House - 76th Day - Wednesday, February 22, 2012 - Top of Page 5702

      LeMieur moved that the names of Wardlow and Dettmer be added as authors on H. F. No. 2376.  The motion prevailed.

 

      Barrett moved that the name of Scalze be added as an author on H. F. No. 2384.  The motion prevailed.

 

      Murphy, M., moved that the name of Smith be added as an author on H. F. No. 2391.  The motion prevailed.

 

      Lohmer moved that the names of Dettmer; Peterson, S., and Smith be added as authors on H. F. No. 2394.  The motion prevailed.

 

      Davids moved that the name of Quam be added as chief author on H. F. No. 2402.  The motion prevailed.

 

      Scott moved that the name of Lohmer be added as an author on H. F. No. 2404.  The motion prevailed.

 

      Swedzinski moved that the name of Hortman be added as an author on H. F. No. 2406.  The motion prevailed.

 

      Gauthier moved that H. F. No. 1719 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Public Safety and Crime Prevention Policy and Finance.  The motion prevailed.

 

      Bills moved that H. F. No. 2257 be recalled from the Committee on State Government Finance and be re-referred to the Committee on Environment, Energy and Natural Resources Policy and Finance.  The motion prevailed.

 

 

ADJOURNMENT

 

      Holberg moved that when the House adjourns today it adjourn until 3:00 p.m., Thursday, February 23, 2012.  The motion prevailed.

 

      Holberg moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:00 p.m., Thursday, February 23, 2012.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives